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HomeMy WebLinkAbout5C - Stonebriar 2nd Additon CITY COUNCIL AGENDA REPORT MEETING DATE: AGENDA#: PREPARED BY: AGENDA ITEM: NOVEMBER 5, 2007 5C DANETTE M. MOORE, PLANNING COORDINATOR CONSIDER APPROVAL OF RESOLUTIONS AMENDING A FINAL PLANNED UNIT DEVELOPMENT PLAN AND DEVELOPMENT CONTRACT FOR STONEBRIAR AND A COMBINED PRELIMINARY AND FINAL PLAT FOR STONEBRIAR 2ND ADDITION DISCUSSION: I ntrod uction Ryland Homes has applied for the following actions regarding the site located south of CSAH 12 (170th Street), northwest of MN TH 13, and east of Pheasant Meadow Lane: . An amendment to the Final Planned Unit Development known as Stonebriar to allow for the addition of one (1) single family lot (a combination of 3609 170th Street and Outlot A of Stonebriar). . A Combined Preliminary and Final Plat of the site at 3609 170th Street and the adjacent Outlot A (to allow for the creation of Stonebriar 2nd Addition). History On January 2, 2007, the City Council approved the Stonebriar Final Planned Unit Development and Final Plat. The approved Plat and PUD allowed for a residential development consisting of 32 single family lots and 5 outlots for parkland, ponding, trails, a private street, a monument sign location, and Outlot A which was anticipated to be combined with the property at 3609 170th Street in the future. The previously approved 10.02 acre Stonebriar PUD had the following elements: a. The PUD is a single family development consisting of 32 lots for single family homes and outlots. The PUD provides a park and open space (2.14 acres) dedicated to the City, trail, and the funds to construct a pergola and play structure ($35,400). b. The total number of units not to exceed 32. c. Density and impervious surface within the Shoreland Tiers will not exceed the totals identified on the plans dated October 5,2006. d. As part of the park development, the developer is responsible for grading, topsoil, turf establishment and construction of the trails to the specifications provided by the City. Ryland Homes owns the property at 3609 170th Street (adjacent to the www.cityofpriorlake.com 1:\07 files\07 pud's\stonebriar\amendment\cpft~8g'~.44 7.9800 / Fax 952.447.4245 Stone briar Development at the southwest corner of Stonebriar Circle and 170th). In May of 2007, a spec home for the Stonebriar development was built on the lot. Since that time, the developer has decided it would be beneficial to have the corner lot at 3609 170th Street as a part of the Stone briar PUD. Current Circumstances In the narrative submitted by the developer (attached), the following items are detailed as benefits to the City: . Payment of the park dedication fee ($3,750) for the additional lot being added to the PUD. . The construction of a sidewalk along the west side of Stonebriar Circle, along 170th Street, extending to the first intersection within the Stonebriar development. A portion of the Stonebriar development is within the Shoreland District. However, the amendment area (3609 170th Street) is not in the Shoreland District and will not negatively impact the previously allowed impervious area of the PUD. Combined Preliminary and Final Plat: The request for a Combined Preliminary and Final Plat relates to the land area of the property at 3609 170th Street and the adjacent Outlot A. At the time of Final Plat for Stonebriar, Outlot A was created in anticipation of this future combination with the property at 3609 170th Street to allow for a more symmetrical lot configuration. The request being made by the developer is consistent with what was anticipated with the creation of Outlot A. The newly platted lot will meet all lot dimension requirements for a standard single family lot. In addition, the newly built spec home at 3609 170th Street meets all setback requirements and is architecturally compatible with the architecture approved as part of the Stonebriar PUD. PROPOSED PLAN Lots: The Stonebriar 2nd Addition Plat will consist of one (1) single family lot equaling 14,996 square feet. Access: No access modifications are being proposed. The current access point off of Stonebriar Circle will be maintained. Sanitary SewerlWater Mains: Sanitary sewer and water mains are in place for the existing residential structure. Storm Sewer: No grading changes to the current runoff patterns are being proposed. Streets: No new streets are being proposed. Sidewalks/Trails: The developer is proposing to construct a sidewalk along the west side of Stonebriar Circle from 170th Street to the first intersection within the Stonebriar Development. 1:\07 files\07 pud's\stonebriar\amendment\cc report.doc 2 4646 Dakota Street S.E. Prior Lake, MN 55372-1714 RESOLUTION 07 -xx A RESOLUTION TO APPROVE AN AMENDMENT TO THE PLANNED UNIT DEVELOPMENT FINAL PLAN KNOWN AS STONEBRIAR Motion By: Second By: WHEREAS, Ryland Homes has submitted an application requesting an amendment to the Planned Unit Development Final Plan known as Stonebriar ; and WHEREAS, The Prior Lake Planning Commission considered the proposed amendment to the Final PUD Plan on October 22, 2007; and WHEREAS, The Planning Commission found the amendment to the Final PUD Plan to be consistent with the purpose of a PUD and in substantial compliance with the approved preliminary plan and recommended approval of the Final PUD Plan; and WHEREAS, The Prior Lake City Council considered the proposed Final PUD Plan on November 5, 2007; and WHEREAS, The City Coun.-:;i1 finds the Final PUD Plan in substantial compliance with the approved Preliminary PUD Plan; and WHEREAS, The City Council finds the PUD Final Plan is compatible with the stated purposes and intent of the Section 1106 Planned Unit Developments of the Zoning Ordinance. NOW THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF PRIOR LAKE, MINNESOTA as follows: 1. The Recitals set forth above are incorporated herein. 2. The Planned Unit Development Final Plan is hereby approved subject to the following conditions: a) The PUD Development Contract must be signed by the developer and approved by the City Council. b) Prior to the release of Stone briar 2nd Addition mylars, the developer must pay any necessary fees. PASSED AND ADOPTED THIS 5TH DAY OF NOVEMBER, 2007, Haugen Hauaen Hedberg Hedbera Erickson Erickson LeMair LeMair Millar Millar YES NO Frank Boyles, City Manager www.cityofpriorlake.com Phone 952.447.9800 / Fax 952.447.4245 A RESOLUTION APPROVING THE COMBINED PRELIMINARY AND FINAL PLAT OF "STONEBRIAR 2ND ADDITION" AND SETTING FORTH CONDITIONS TO BE MET PRIOR TO RELEASE OF THE FINAL PLAT WHEREAS, WHEREAS, WHEREAS, WHEREAS, WHEREAS, WHEREAS, Motion By: Second By: The Prior Lake Planning Commission conducted a public hearing on October 22, 2007, to consider an application from Ryland Homes for the combined preliminary and final plat of "Stonebriar 2nd Addition"; and Notice of the public hearing on said combined preliminary and final plat has been duly published and posted in accordance with the applicable Minnesota Statutes and Prior Lake Ordinances; and All persons interested in this issue were afforded the opportunity to present their views and objections related to the combined preliminary and final plat of "Stonebriar 2nd Addition" for the record at the public hearing conducted by the Planning Commission; and The Planning Commission and City Council have reviewed the combined preliminary and final plat according to the applicable provisions of the Prior Lake Zoning and Subdivision Ordinances and found said combined preliminary and final plat to be consistent with the provisions of said ordinances; and The Prior Lake City Council considered an application for combined preliminary and final plat approval of "Stonebriar 2nd Addition" on November 5, 2007; and The City Council has the authority to impose reasonable conditions on a combined preliminary and final plat. NOW THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF PRIOR LAKE, MINNESOTA as follows: 1. The recitals set forth above are incorporated herein. 2. The preliminary plat of "Stonebriar 2nd Addition" is approved subject to the conditions set forth in this resolution: 3. The final plat of "Stonebriar 2nd Addition" is subject to the following conditions, which shall be met prior to release of and recording of the final plat: a) The vacation of the existing drainage and utility easements must be approved. b) The resolution vacating the easements must be recorded just prior to the final plat. c) The final plat and all pertinent documents must be filed with Scott County within 90 days from the date of final plat approval. Failure to record the documents by February 5, 2008, will render the final plat null and void. FIN!;! ';I~;jdtyd>f'pridrla'ke,lcom!!' ;t't' Phone 952.447.9800 / Fax 952.447.4245 PASSED AND ADOPTED THIS 5TH DAY OF NOVEMBER, 2007. Hauaen Hauaen Hedberg Hedberg Erickson Erickson LeMair LeMair Millar Millar YES NO Frank Boyles, City Manager L:\07 FILES\07 SUBDIVISIONS\07 PRELIM & FINAL\Stonebriar 2nd Addition\plaUesolution.DOC STONEBRIAR 2ND ADDITION LOCATION MAP I I ,I -: r-----1 ~ I !I I ~ I I I J! I I 1 I I ~ l___________--------~- "~ I 0 ________--r- , "j j'1 '~\~---'--------T-I ! / j/ I \ \ \ :'1 1\ R ! . I ! 1 I 1 I LJ' ' " .---L---..----L----~ ! /---------------J- ,/\/ I \-~ J I \'.//. ! L~ ~ I I ! \ // I', J ~ 8 I 'I i :~//... f \---', 8 L- ,! I ' L-_._ ~C__ J -i i--lc-I ! :' CO \ ! f-~-~r3 ' ': d-J Ii I i I C=J i __J Ii I L~______~--_,______---____l-~-- L-_---J H i.J /' /1... I I-~- I I , I w I II ! I I I 'II elM DRIVE I/-I--~\' -l , r I I i II I I Ii \ \ i I \, l' ___L--_I I~-- I 1 1- ----) i I 1-.,./, I I ,/'-', ).' / 'I. .J /~--~/!/f/ I ' . -J I -..J! .--1 r-~I ' i I r--~ \ I, i I 'r/-~: I s\ I --'.11-- //\ \ 0 I, I j I, g, :! ~'\U1\, I --l t//...'~ "i :;. \, !' , J \ ': :1. I \=cc=-~ \ '\ i t~:=..J \, PHEASANT :' c=Ji ~~- i {----.~..~J (~~ 'I I _'_ -7 I ~! !=~~ I: /. ------/./ s;/ i__. I I /:-c/ / i/l~:j /'- 'j/Q,/t- I ! I ! -<'-",1 / (,-I I i-.. / I ' . '. -I '.____~ ( II ,/ .\\)~.. I \ !\ \ I \ \, / / /, ' J 'c--------.. I \ " I ' \_________------------\i, , , \ / \ ,/ ~ . \. , y"--- v~ ~ ,,~ * ~Q~ <Q\; O<(.Q ~r:Jc I \~::;->~;/'~,: f;/// I i I I I , . 1 / j. ,/' ,..---/' , I : //' ..---,./,- //' I I I _______.___'_ J N + __~~~~3~0~~1~0~____ Pf.:'~~L~~~I~IIU~L_____--=-:___~__ I ~-3 L__________.L/ ~._ 7 ,/ COUNTY STATE Ala HIGHWAY N\q2'~: e. (170m STREET) _ __/' , :r. -- - _ - _" ,jCOTT !Ql.IN)'X RIGHT OF WAY PLAT NO, 38 =:......._...... ,;/ ilir" '..-1 .~p.- 'j II-----~ I .,....----j---- I B L 0 Ie ~~r :l':":':.';"" I I I I !'-,J<\c"1 I ,J<CCO I I I TYPICAL IMPERVIOUS AREAS OF HOMES SCALf '._SO' ---- ~~,... ~>., ~..':'.., Ed",,: i i i i ~ !i . ~ ...........-........ -.-....... -,........- -.-....... =:,.. =.sr =."- NNN,ID )j 18 17 U: -.--..... _._....~ -,.......- lOT... 1lJT.... lIItM. ~I.~JEE~~~~ I......,~..drio....___., ..._.,___.....1 _._..--~ _ao_oI......_ ....Ma._ ....- 1....a41~.1 =-~"IZ ("1I1111."1.,...1'" .I_II_H.. c......IIllfUW (1CI'1lJ.IIIO....'!I).11lJ Mendola Heights Office Lot am .rvlous Surf.c. Calculations. Ston_bnar SITE DATA 8torm.......r ''''pervlou&, % lock L.. Lot"',., .~. etl.otAr. Pad AI.. DrwvAr.. .~. Ilmo.Mo.... EXISTING LANO USE: R-LjIlD URBAN LOW/llEDIUM (2030) , , ',U2 0 ',ru 2.A7I 0, S,OM; .... EXISTING ZONING: C-l, NElGHBORHOOO COIIMERClAL , . 7.... 0 7.... 1.,4115 '" ..... 4'.' 1 , 7,7$& 0 1.7" %.475 '" >.... ".7 PROPOSED ZONING: PUO , . 7.... 0 7.... 2.47li O. n--_.-!'~i .... _. , ---i. -.5,12' 0 ---,;12, ----%",4'75 01 3,00' -j2. GROSS AREA: :10.0179 ACRES (10.2979 W/2NO ADDN) , . 10,OM 0 10,0t.4 2..~7' ." >.- Z'.I NET AREA: :10.0179 ACRES (10.2979 W/2NO ADDN) , , .... . 1,112 2.~7' 0' >.- U., , f---{ ..... _ .__-:L_.- .~m _._~:~~ .'-_~=ID ~~~t. ,. ..., ---'1 ---l;i2z -j,ij.t GROSS OENSlT'I: 3.19 UNllS/ACRE (3.19 W/2ND ADDN) , , 1,'2' 0 ,ez' %,47' ." 2,00' ~H; NET DENSITY: 3.19 UNllS/ACRE (3.19 W/2ND ADON) . . 1,'&1 . ',a1 2,"71 ." >.- > , 7,ltO 0 7,'10 1,471 ." >.... TOTAL UNllS: 32 (33W/2N0 AODN) . . 1.... 0 1.... 1,"71 ." 3,OiCli: "1.' . . 7.... 0 7.... 1,471 ." :!I,DOI' ... SINGlE fAMILY (6D-70'X120') . . 7.... 0 7.... 2.411 ." S,OM! 41.' MINIMUM AREA 6900 Sf . 1 7.... 7.... _ _.:;;; ~ __~_:;.; .~_~:;L ~_~ . _.! ~_.!o~.3 .. ..- .-_! -_-!~ > , 1',U1 . 1'.971 2,471 0' >.- U.. PARK/OPEN SPACE SUMMARY > , 11,"" 0 11,'1' 2,4n 0' >.- .. STQRWWA 'fER PRIVATE OPEN NET PARK .-.--j{----.*---!.~-jt_.,----- -:f ----\~,,-~;:t--.-,_;;i+_---~:=+- ----j~:~ OUROT GROSS AIlfA NlEA AAEA AREA > . 7.... 0 7.... m 0' >.... .... ACRES ACRES ACRES ACRES PARK 1 0.9985 0.1791 - 0.9305 . 1 7,100 0 7.... 2,'71 0' 3,oot' ".. 0 0.5613 0.2337 0.J350 . . 7.... 0 7.... U71 ." >.- .... E 0.7122 0.7122 - . > 7,no ... 7,1" 2,.7' ." >.- .... PARI< 2 0.0985 - 0.0985 . . 13," 1,H2 11,7112 z..n 0' >,- ... 7,IOS . 7,50:1 2.<471 ." '.... ..., TOTALS 2.3705 0..,28 0.7122 1.36<4.0 =t=' - ~ -- ~I'~ 7,"Z .-... 0 --~ %,471 ." >,'" :~~~ I,IU 0 ..... %,<4n 0' >.... pr~~~(';'-~I . . 12:s3 0 9,D3 1...71 0' >.- 32.' TOTAl PARK OEOlCA nON - 1.3640 ACRES ,(l"C~",,'" . . 7,111 0 7'11 2,47' 0' ..... ... 1~ PARK DEOlCA 110N REauRED - 1.0179 ACRES (1.2979 W/2ND ADIlN ) 2ND-~T:OH _!!!.~ - 0 -~!... .!"~-~r-'-' ~1 -- "_~~i.. .- 43.3. EXCESS PARI< OEDICA liON - 0.:H81 ACRES (0.0525 W/2ND ADON) , , "... ._. 0 U,9H Z.J~ _..!!! ;!'!~.~t-- - _20.1 ~~ ;~CT ('0~;;;: :::;)- 23.45" TOTAL LOT AREA 291,371 TOTAL LOT IMPI!I!:YIOU$ '9,101 n. TOTAL SITE IMPERVIOUS COVERAGE PROOF OF PARKING RF"OIIIRFl1 PARKINC 2 PER UNIT " 33 UNllS - 66 NET AREA (SF) lOT AREA 299371 OUn.OT/pARK AREA 131224 (LESS STORM BASINS) IMPERVIOUS AREA (SF) 99JOB 11853 PROvtnf'D PARKLNC (2 PER U",T(CAR) + 2 PER UNIT(DRWI')) . 33 UNllS - 132 OFFSTREET PARKING (ONE SlOE Of STREET) - 48 TOTAl PARKING SPACES ... 180 TOTAl AREA 108045 430595 TOTAl PRo..ECT IWPER,,",OUS ( ~= ~) 25.09" GROUND FLOOR AREA RATIO 2475st /UNIT" 33 UNITS - 81675 Sf' TOTAl UNIT AREA -...aJ.AZ5....S[ NET AREA 4485n SF - 0.1821 GFAR I IIIIl:Il..llMI' It'P NUT Hl'DRMT AT LOT I, !lI.DOC: 1. PHEASANT MEADOWS 11TH AN ElEVATION (X 171.51 fEET (NGW 1121) ~:::: U-J Ii CRAPHIC SCALI!: IN FEET ~ 12 'UE U~ 1JW I~ II Il S E P I 8 2007 LEGEND G) <!l (]) <9 e " + STOP SIGH UGH1 P<U SlRfET .... "No PARKINC 1tfS su: (X S1MEr SIGN ~ 01Y "-All 11I11 ~,~1tllM--lO"""".ft-.MIIEC. _ OlTJIU,1[_2 "'-""''''''''j .~7RAIL PRlYATE UWTY lMM01 lOCAOON ANALP.U.D. SITE PLAN AMENDMENT # 1 RYLAND HOMES 7m ANAOkAM tIUYB EDEN PaAUUB. MINNE$OTA.5S344 STONEBRIAR 2ND ADDITION KNOW A.U. PERSQHS BY THESE PRESENTS: That The RyI<7ld GtlllJp, Inc., g WQI"y1ond corpo'"liotl. In onfl'. 01 till fo~o.ln.. I;\acrb.:l proP.ly ,Ib"alld In the County of ScotL Slate af Wln"...,lo. to ";1, STATE Of MINNESOTA COUNTY C1F The lorllQoln\l s........)<><.. Certl~cat. .os ClCImowllOdged lMIlur, me Inil ~ do~ of ----' 20_. by Jcfl" C. LOI"SOfl. Wlnn....!" License No. 19828 NotoryPubl",_Counly.r.l\olnnclo My Comm_1on E""".. Lot 3. B10dc 1, Wc;CORWIClC ACRES and OUtlot A. STONE.llRlAR. acc:ordn9 to tn. 'KO'd..:! plate Iller,,,!, Scott CcoJnty, WJnnesotQ. Hal ~..d tn. ItlIr'nI 10 t>e ~d <11'I0 plattod 01 STONEIlftIAA 2ND AOOlnOH on" does h...eby donale ""0 oedlcllle to U..pul>llclorpublleu..for_U\...,..."."t.........,....""tnl.plcltfor...OW'094'(Wloutlllypurpot.MOt1Jy. In.ltn_....ereofsaldTh.R)landGr~.IIIO;',O..Qr)II'""d<:"'Jloroll"".M"cau_lh.sepr..."t.lobI slgnedbylbproperDHIc:..tl\ia~<lClyof~2D_ OTY COUNaL OTY Of PRIOR LAKE This plot of STONEBRIAR 2ND ADOrllON ..... "Ppr......,.;l ""0 oceepted by the CIty C""nc~ of 1M City of Prior loIt.. IIInnnclla ot 0 ,..Iar ",..tin." th..-eof IIl11d tlIlJ _ doy of _ 20~ and plJr....onl to U.S.A. 505.03 Subdv.2, _or. r. con'ormanc. .~.... mE R"tUND GROUP, INC. STATE Of W1NNESOTA COUNTY OF SCOTT COUNTY SUR'w'EYOR PU...uonl 10 ..irm..ola Stotut... Section JIl9.09. Subd. 1, o. amended., Ihi:l pial h..., b... ,.",.onloCl and appro"'ld \I,.~doyaf 20 Th.fDl'".9Dln9ln.t"'m..,t....ockn_ledgedbeforem.lhi._doyof~ 20~ by the of Th. R}land Cr....p, Inc.. a ~or)Iand Carparatianan beltQlfafth.cotparallan Na.....y Pu~1c Wy Commlalon (xpir.. County...lnn.....ta SCOTT COUNTY TREASURER / AUDITOR """ SC"IIC....nly~ I h...y certify thot I ho... .......)"d and pla1t~ III. property deec:rlbecI an th'" plot.. STONfBfllAR 2NO AOOlT1ON, thDtlt>..p1at..ocorr<<.t.._tatlanofth........y;thalalldhltancnar.eorTlICtly..oomonth.plotrtfnl and hundredth. of 0 Ioat, thai all manum..t. Ita... b-. ~tct!y placed r. lit. oraund a. lItown; lltot lite D\ttIIide b_dary Ir... or. corr.dly 6u/9r1otMl on the plat; and Uta! III". are 1\0 ..llond. 011 d.n...., In "inri_to Stolllt.., Section 505.02. Subd 1. orpub/lc hlgltwoye to be dlOliQne.t.d otlt<< tlIon oellh_n. i....lsr.dtn"'~doyof I ".....y cerlify that tn"CLIfT..tond delin""ent 10.... on !he lands daecribedorithin..... pGId e.ndlh" tr.....f. SCOTT COJNTY RECORDER ,,~ 1t>....eby'*"Ufylhatlhi1lplal.oellledlntt>;sofflC<ltlll._doyaf~ 20~ot_o'clocl<~".o.0"""m.nINo, S19nscl by Jah.nc. Lor....... P,afnsional Land Su""'l"" W..n.....laLIc.....tlo.1982l1 Scott CauntyRec:ord'" I ~.~ I WILLOWS 3RO AOOITION 13~ "I CI~A~~VI~~86 I ~LLOWS SIXTH I is ~~ ~OOITlON .1 WESTEDGE ESTATES ___..J::,( ...JL_____ ___ _ _ __~W<IOU1 LCQNQQMltiIU...M.L___ ------~7 g:5 ---- - - -- ---_ ~~ /l1~ NW 1/4" COUNTY STATE AID HIGHWAY NO.12'-, (170TH STREET) _~//~ ~--37ii.J-~~--lf-~--~------~~-~jjg-~;;> -:; ~CQII_CilllNl'LBLGJiLQf-Y:iA'ffl~I--'i.Q,.~~i~.::,:_ _____ _____ .:~2_________________+-_ , "-':~1~~s'::'t1(: ~i8 DR....tl!oCtANO N86'45'05\~~~ r, "~'" '(SCOTTCDUNlY..OM"'UH) l;f)g UltUlVu.sEMDlT~.,,,, ,\\ ~--------_..::Jrr...._--------o....-____ I - \ (~ +' - ~ - -'~ !:f i~----~, ) ,,:;--.., - - - ) I B( ~~~: ",C,,-,,-~ r .~~ I COUNTY STATE AID "' -,,>-<VI I DCI( 5~ I LOT 1 I 8!,--+~ HIGHWAY NO.12 ~ ~-/ \C":'lIl~ I : ~i!'~ 'I (170TH SlREET) /0'< 'v I 0,,\11 ~ II _~ " -;!~: ~ /~'<O~ / I ~cC jf,~: ~r;:y I ~~ ' ~ / qt~,/ I ~li ! }OUrLOr 1- - ~..a; - "'0;:"- I CIll.,..'" C--~T---"'b-J" SOt.ilH / .,.----~ ~ "T.J . ~ 11S-@! '< ",;o~ I ~ \ I N~05 ~~ ~q,~8, ;.,. I ~ \ Q;-- ~ \ <vQ) --1 \ ~ ~ \ 0 Ei \ ^-.. o I 0 ::;;: I i---WTE --'l : \': \': ! ~~' : ~,,--' II 1--------+-------1 : \': \': ! c,~' ! c,"--' ! L_____--L_____j SECTION 10, T\IIP.114, RCE. 22 lOCA~WAP LW i depllt~ _---tl[CORNERDF"1ME ~~ NE1/4llf"src..10 -~ (FOUNO IRON PIPE) rrn)--~;-!: il '\11! It; r~ll W, SEP I 8 '"07 I ~)I By .____._____ . DENOTES rOUND IRON UQNUMENT. BEARINGS ARE BASED ON "THE NORTH UHE OF THE NWl/4 OF THE NE 1/4 Of" SEC. 10, T. 114, R. 22 WHICH IS ASSUIolEO TO HAil( A BEARING OF EAST. ~I.~JE~Rengi~ng PLANNING COMMISSION MINUTES MONDA Y, OCTOBER 22, 2007 1. Call to Order: Chairman Lemke called the October 22, 2007, Planning Commission meeting to order at 6:00 p.m. Those present were Commissioners Billington, Fleming, Lemke and Ringstad, Planning Director Jane Kansier, Planning Coordinator Danette Moore, Planner Jeff Matzke and Recording Secretary Connie Carlson. 2. Roll Call: Billington Fleming Lemke Perez Ringstad Present Present Present Absent Present 3. Approval of Minutes: The Minutes from the September 24, 2007, Planning Commission meeting were approved as presented. 4. Consent: None 5. Public Hearings: Commissioner Lemke read the Public Hearing Statement and opened the meeting. A. Ryland Homes has applied for the following requests at the site located south of CSAH 12 (170th Street), northwest of MN TH 13 and east of Pheasant Meadows. . EP07-142 An Amendment to the Final Planned Unit Development known as Stonebriar. . EP07 -144 A Vacation of existing drainage and utility easements at 3609 170th Street. . EP07 -143 A Combined Preliminary and Final Plat of the site at 3609 170th Street and the adjacent Outlot A to create Stonebriar 2nd Addition. Planning Coordinator Danette Moore presented the Planning Report dated October 22, 2007 on file in the office of the City Planning Department. On January 2, 2007, the City Council approved the Stonebriar Final Planned Unit Development and Final Plat. The approved Plat and PUD allowed for a residential development consisting of 32 single family lots and 5 outlots for parkland, ponding, trails, a private street, a monument sign location, and Outlot A which was anticipated to be combined with the property at 3609 l70th Street in the future. Ryland Homes owns the property at 3609 l70th Street (adjacent to the Stonebriar Development at the southwest corner of Stonebriar Circle and 170th). In May of 2007, a spec home for the Stonebriar development was built on the lot. Since that time, the developer has decided it would be beneficial to have the corner lot at 3609 170th Street as a part of the Stonebriar PUD. In the narrative submitted by the developer, the following items are detailed as benefits to the City: . Payment of the park dedication fee ($3,750) for the additional lot being added to the PUD. . The construction of a sidewalk along the west side of Stonebriar Circle, along 170th Street, extending to the first intersection within the Stonebriar development. The amendment area (3609 170th Street) is not in the Shoreland District and will not negatively impact the previously allowed impervious area of the PUD. The request for a Combined Preliminary and Final Plat relates to the land area of the property at 3609 170th Street and the adjacent Outlot A. At the time of Final Plat for Stonebriar, Outlot A was created in anticipation of this future combination with the property at 3609 l70th Street to allow for a more symmetrical lot configuration. The developer is requesting to vacate the current 10 foot wide drainage and utility easement along the north and east boundary and 5 foot wide draina~e and utility easement along the west and south boundary of the lot at 3609 170t Street. New drainage and utility easements will be applied along the boundary of the newly configured property with the platting of Stonebriar 2nd Addition. If all portions of the request are approved, Stonebriar 2nd Addition will become part of the Stonebriar PUD. Approval of the Combined Preliminary and Final Plat, Vacation and PUD Amendment requests will not negatively impact the nature of the existing neighborhood or the future Stonebriar development. The staff recommended approval of the requests, subject to the following conditions: 1. The PUD Amendment, Vacation, Combined Preliminary and Final Plat and Development Contract must be approved by the City Council. 2. The PUD Development Contract must be signed by the developer and approved by the City Council. 3. Prior to the release of Stonebriar 2nd Addition mylars, the developer must pay any necessary fees. Comments from the Public: Applicant Brian Sullivan of Ryland Homes said Danette did a great job in presenting the report. He would remain present to answer any questions. Ringstad asked Sullivan how the market was going. Sullivan said when they first opened the spec home they had a lot of traffic and interest. Since that time they have basically been on hold with the road construction. There were no comments from the public and the hearing was closed. Comments from the Commissioners: Ringstad: . Agreed with staff's assessment and recommendations on all three items. Bringing the Second Addition into the PUD; payment of the park deduction fee and the sidewalk construction is consideration enough to approve. Billington: . Second the comments and support the recommendations. Fleming: . Support the recommendation as proposed. Lemke: . Agreed. I find the park dedication and sidewalk to be in the City's interest. MOTION BY BILLINGTON, SECONDED BY FLEMING, RECOMMENDING APPRO V AL OF THE PUD AMENDMENT, VACATION AND COMBINED PRELIMINARY AND FINAL PLAT SUBJECT TO THE LISTED CONDITIONS. Vote taken indicated ayes by all. MOTION CARRIED. This item will go before the City Council on November 5,2007. DEVELOPMENT CONTRACT STONEBRIAR AMENDMENT NUMBER 1 PROJECT#EP 07-142 This AMENDMENT NUMBER 1 ("Amendment") to the DEVELOPMENT CONTRACT dated May 21,2007, for Stonebriar is entered into this 5th day November, 2007, by and between the City of Prior Lake, a Minnesota mW1icipal corporation ("City"), and The Ryland Group, Inc., a Maryland corporation (the "Developer"). Stone briar (referred to in the Development Contract and this Amendment as the "Plat") is legally described as shown on attached Exhibit A which is incorporated herein as if fully set forth. Based on the mutual promises and covenants set forth herein, the sufficiency of which is not disputed, the City and the Developer (collectively "Parties") agree as follows: 1. SCOPE OF PROJECT. Paragraph 5 of the Development Contract lists the components of the approved PUD Project. This paragraph is amended as follows: A. 5.1.2 The total number of W1its on the site will not exceed 33. B. Add the following: L:\07 FILES\07 PUD'S\Stonebriar\Amendment\PUD Amendment.DOC Page 1 5.1.8 As part of the PUD, the developer shall furnish the CITY with an additional park land dedication fee in the amount of$3,750.00. The fee shall be paid prior to the release of the FINAL PLAT documents for Stonebriar 2nd Addition. 5.1.9 As part of the PUD, the developer shall construct a sidewalk. along the west side of Stonebriar Circle, along I 70th Street, extending to the first intersection within the Stonebriar development. 2. MT..r;;;CELLANEOUS. A. Amendments. All of the provisions of the DEVELOPMENT CONTRACT for Stonebriar, with the exception of these amendments, shall remain in full force and effect, unless otherwise amended. No additional amendments to this Development Contract shall be valid unless in writing, signed by the parties and approved by resolution of the City Council. The City's failure to promptly take legal action to enforce this Development Contract shall not be a waiver or release. B. Severability. If any portion, section, subsection, sentence, clause, paragraph, or phrase of this Amendment is for any reason held invalid, such decision shall not affect the validity of the remaining portion of this Amendment. C. Assignment. The Developer may not assign this Amendment without the prior written approval of the City Council which approval shall not unreasonably be withheld. The Developer's obligation hereunder shall continue in full force and effect even if the Developer sells one or more lots, the entire Plat, or any part of it. D. Interpretation. This Amendment shall be interpreted in accordance with and governed by the laws of the State of Minnesota. The words herein and hereof and words of similar import, without reference to any particular section or subdivision, refer to this Amendment as a whole rather than to any particular section or subdivision hereof. Titles in this Amendment are inserted for convenience of reference only and shall be disregarded in constructing or interpreting any of its provisions. 1:\07 files\07 pud's\stonebriar\amendment\pud amendment. doc Page 2 E. Jurisdiction. This Amendment shall be governed by the laws of the State of Minnesota. 1:\07 files\07 pud's\stonebriar\amendment\pud amendment.doc Page 3 CITY OF PRIOR LAKE: By: Jack G. Haugen, Mayor By: Frank Boyles, City Manager DEVELOPER: By: ~ Its: r)i(.l; Pee.i'J~ . . STATE OF MINNESOTA ) ( ss. COUNTY OF SCOTT) The foregoing instrument was acknowledged before me this _ day of , 20_, by Jack G. Haugen, Mayor, and by Frank Boyles, City Manager, of the City of Prior Lake, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted by its City Council. NOTARY PUBLIC STATE OF MINNESOTA COUNTY OF ~e.V\t'\.-ep.1I\ ) ( ss. ) The foregoin~instrument was acknowledged before me this 3f)~ay of by JAjt, j,^-f s:m) Iii'^-- ~. ~ nf4, . . NOTARY PUBLIC Oc1OW, 2riD. I DRAFTED BY: City of Prior Lake 4646 Dakota Street Prior Lake, Minnesota 55372 KIM NELSON Notary public Minnesota v commissiOn Expires January 31. 2009 1:\07 files\07 pud's\stonebriar\amendment\pud amendment.doc Page 4