HomeMy WebLinkAbout4A_PUD Amendment 3575 N. Berens Rd. PC Report
4646 Dakota Street SE
Prior Lake, MN 55372
PLANNING COMMISSION AGENDA REPORT
MEETING DATE: November 13, 2024
AGENDA #: 4A
PREPARED BY: Casey McCabe, Community Development Director
PRESENTED BY: Casey McCabe
AGENDA ITEM:
Consider an Amendment to the Shepherds Path Planned Unit Development
(PUD) Plan
DISCUSSION: Introduction
The applicant, Carol Lansing on behalf of the Shakopee Mdewakanton Sioux
Community (SMSC), and property owner, Shepherd of the Lake Evangelical Lu-
theran Church (SOLLC) are requesting a Major Planned Unit Development (PUD)
Amendment to the Shepherds Path PUD Plan. The PUD amendment is related
to the SMSC’s future acquisition of a portion of SOLLC property and proposed
interior remodeling and expansion of childcare facilities in the former YMCA build-
ing located at 3575 North Berens Road (PID 254520021).
History
The original PUD Plan for Shepherds Path was approved by the City Council in
June 2006. Since that time, commercial, religious, and residential uses have been
developed, as well as the streets, a public park and trails. The Shepherds Path
PUD was designed and approved as a mixed-use development that includes
Shepherd of the Lake Lutheran Church, independent and assisted living units,
market rate rental units, the Passageways/Link facility, and the YMCA building.
Current Circumstances
The SMSC has entered into a purchase agreement with SOLLC to purchase a
portion of the SOLLC property located along North Berens Road NW and
McKenna Road NW. SMSC will be acquiring the western portion of Lot 1, Block
2 and Outlot B, Shepherds Path Addition.
The portion of Lot 1 the SMSC will be acquiring contains the former YMCA build-
ing, a portion of the parking lot between the YMCA building and North Berens
Rd., and a pond and surrounding conservation easement area south of the YMCA
building. The SMSC is proposing to utilize this property for a commercial daycare
business. Outlot B, Shepherds Path Addition is located south of the pond and will
be held by the SMSC for future development.
SOLLC will retain ownership of the eastern portion of Lot 1 that contains the
church and the east portion of the parking lot between the church and North
Berens Rd.
The SMSC intends to remodel the interior of the former YMCA building to expand
the existing childcare facilities that were previously located in the lower level of
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the YMCA throughout the rest of the building. SMSC will be relocating their cur-
rent childcare facility, which is tribally licensed, and they will be obtaining licen-
sure from the State of Minnesota to serve approximately 386 children.
City Code Subsection 1132.1302 identifies actions which require an amendment
to a PUD Plan. A PUD amendment is required in this case as the applicant is
proposing an administrative lot subdivision, which is a revision to an approved
final plat; modifications to the previously approved parking plans; and a change
in use from a Community Center/Private Entertainment, Indoor use to a Commer-
cial Daycare use. No additions to the YMCA building or other site plan revisions
are being proposed.
SOLLC has also applied for an administrative land subdivision, which is pro-
cessed administratively by city and county staff, to split the portion of Lot 1, Block
2 Shepherds Path as discussed above concurrently with the PUD Amendment
application.
PHYSICAL SITE CHARACTERISTICS:
Site Area: The total area of Lot 1, Block 2, Shepherds Path Addition is approxi-
mately 9.7 acres. SMSC is proposing to purchase approximately 6.2 acres of lot
1, Block 2 and SOLLC will retain ownership of approximately 3.5 acres.
Wetlands: No additional construction or site improvements are planned, and no
wetlands are proposed to be impacted as a result of this action.
Access: Access to the site is provided from North Berens Rd. NW to the north
and McKenna Rd. NW to the west. The applicant has stated the SMSC and
SOLLC will enter into a reciprocal agreement that will grant each party a license
to use the common curb cuts, driveways, aisles and walkways across both sides
of the parking lot.
Zoning: The site is zoned Planned Unit Development (PUD).
Off-Street Parking: The administrative lot subdivision will result in 211 parking
spaces on the SMSC portion of the parking lot and 159 parking spaces on the
SOLLC lot.
The west portion of the parcel, which will be owned by the SMSC and includes
211 parking spaces, will exceed the required parking. This lot will operate as a
commercial daycare, which requires five (5) parking spaces plus one (1) for each
five (5) program participants based on facility’s licensed capacity. The childcare
facility intents to be licensed to serve 386 children and would require 83 parking
stalls.
The east portion of the parcel, which SOLLC will continue to own and includes
159 parking spaces, will not meet the minimum parking requirement for a Place
of Assembly use; however, the applicant has stated the SMSC and SOLLC will
enter into a reciprocal agreement that will allow SOLLC to use the parking spaces
on the SMSC lot on Sunday mornings, major religious holidays and event days,
and during other identified events with large audience or participant attendance.
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Prior Lake City Code requires one (1) parking space for each three (3) seats
based on the design capacity of the main assembly hall for Places of Assembly.
The main assembly hall of SOLLC has approximately 800 seats, which would
require 267 parking stalls. City Code does allow for up to 50% of the required
parking for Places of Assembly to be provided through a nonexclusive written
agreement with the owner of another property located within 750 feet, which au-
thorizes parking during times of worship or events conducted at the location.
Sanitary Sewer / Water Mains: Sanitary sewer, watermain, and storm sewer
utilities are available and currently exist to serve the property; no modifications to
sanitary sewer, water or storm sewer are proposed. It is noted that the existing
sanitary sewer, storm sewer and watermains located outside of public right-of-
way are privately owned and maintained and several of these systems provide
service for both the properties to be owned by the SMSC and SOLLC. The appli-
cant has stated the SMSC and SOLLC will enter into a reciprocal agreement that
will address the use and maintenance of any shared utilities or utility services that
cross one property to serve the other.
Grading / Stormwater: The applicant is not proposing any modifications to the
existing site grading plan.
Trails: The applicant has stated the SMSC and SOLLC will enter into a reciprocal
agreement that will grant each party a license to use the common walkways
across both sides of the parking lot. The City of Prior Lake has an existing trail
easement over a portion of the property to be acquired by the SMSC. While re-
searching this agenda item, city staff reviewed an existing easement document
that was granted to the City by SOLLC in 2006. It was noted by staff that a portion
of the public trail system on Lot 1, Block 2 located west of the pond is not included
in the easement document. Staff is recommending a condition of approval that a
trail easement be granted in favor of the City over the portion of the existing public
trail not covered by the trail easement. The City of Prior Lake shall be responsible
for preparing and recording this easement agreement.
ISSUES:
PUDs provide a flexible approach to development that allows creative, efficient,
and effective use of land, including the mixing of land uses. The PUD must be
reviewed based on the criteria found in Section 1132 of the Zoning Ordinance.
The criteria which are applicable to the proposed Major Amendment request are
discussed below:
(1) Provides a flexible approach to development which is in harmony with the
purpose and intent of the City's Comprehensive Plan and Zoning Ordinance.
The proposed PUD Amendment is in harmony with the purpose and intent of
the Zoning Ordinance and consistent with the Comprehensive Land Use Map
designation for this area as Retail/General Business.
(2) Create a sense of place and provide more interaction among people;
The proposed PUD amendment proposes to fully utilize a currently vacant
building which will help create a sense of place and provide more interaction
among people.
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(3) Increase economic vitality and expand market opportunities;
The additional commercial daycare space will increase economic vitality in
an area that is currently occupied by a vacant building.
(4) Provide more efficient and effective use of streets, utilities, and public facilities
that support high quality land use development at a lesser cost.
The proposed PUD amendment will utilize existing street and utility
infrastructure which was designed and installed previously to accommodate
this development.
(5) Enhanced incorporation of recreational, public and open space components
in the development which may be made more useable and be more suitably
located than would otherwise be provided under conventional development
procedures. The PUD district also encourages the developer to convey
property to the public, over and above required dedications, by allowing a
portion of the density to be transferred to other parts of the site.
The proposed land use as a commercial daycare will bring more residents
and visitors to the area who will be able to utilize the adjacent public open
space and walking paths.
(6) Preserves and enhances desirable site characteristics and open space, and
protection of sensitive environmental features including, but not limited to,
steep slopes, wetlands, and trees. Where applicable, the PUD should also
encourage historic preservation, re-use and redevelopment of existing
buildings.
The proposed PUD amendment does not impact sensitive environmental
features.
Conclusion
City staff is supportive of the proposed PUD amendment as this location is an
appropriate use for a commercial daycare business, the building is proposed to
be used in a similar fashion to the previous YMCA use, a commercial daycare is
a creative reuse of a long-vacant building, and the business will bring activity to
an underutilized parcel within our community. Staff is recommending approval of
the requested PUD amendment subject to the following conditions:
➢ The SMSC and SOLLC shall enter into a reciprocal agreement(s) related
to:
o access, maintenance and replacement of shared private utilities, in-
cluding sanitary sewer, water, and storm sewer;
o use of common curb cuts, driveways, aisles and walkways; and
o SOLLC’s use of parking spaces on the SMSC parcel on Sunday morn-
ings, major religious holidays and religious event days, and during
other identified events with large audience or participant attendance.
➢ SMSC and/or SOLLC grant the City of Prior Lake a perpetual public ease-
ment for the purpose of constructing, using, operating, maintaining, and
repairing public pedestrian and non-motorized vehicle pathways and
trails, over, across, under and upon the existing public pedestrian trail
located east of the pond which is not included in the July 6, 2006 Deed
of Easement conveyed by SOLLC on July 6, 2006 and recorded on July
7, 2006 in the office of the County Recorder, Scott County, MN as Doc.
No. A 744388. The City shall be responsible for preparing and recording
this easement document.
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ALTERNATIVES:
1. Motion and a second recommending the City Council approve the Major
Amendment to the Shepherds Path PUD subject to the listed conditions.
2. Motion and a second to recommend the City Council deny the Major Amend-
ment to the Shepherds Path PUD plan based on findings of fact.
3. Motion and a second to table this item to a future Planning Commission meet-
ing and provide the applicant with direction.
RECOMMENDED
MOTION:
Alternative #1.
ATTACHMENTS: 1. Location Map
2. Survey Showing SMSC and SOLLC Property
3. Trail Easement Exhibit
Location Map
3575 North Berens Road NW
PID 254520021
Subject
Property
OLB
Shepherds
Path
Addn.
Lot 1, Block 2
Shepherds Path Addn.
SMSC
PROPERTY
SOLLC
PROPERTY
Trail Easement Exhibit
PRIOR LAKE CITY PARK
Trail Easement
Needed