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HomeMy WebLinkAbout5D - Northwood Meadows MEETING DATE: AGENDA#: PREPARED BY: AGENDA ITEM: DISCUSSION: CITY COUNCIL AGENDA REPORT NOVEMBER 5, 2007 5D JANE KANSIER, PLANNING DIRECTOR CONSIDER APPROVAL OF A RESOLUTION APPROVING AN AMENDMENT TO THE FINAL PLANNED UNIT DEVELOPMENT PLAN FOR NORTHWOOD MEADOWS Introduction Manley Land Development, Cardinal Development Group, and Donnay Homes have applied for approval of an amendment to the Planned Unit Development (PUD) known as Northwood Meadows on the property located on the west side of Northwood Road, directly west of the Northwood Oaks development and east of Spring Lake Regional Park. The proposed amendment would allow the minimum side yard setbacks for the lots in The Coves of Northwood Meadows to be reduced from 10' to 7.5' or 5 feet. History On March 20, 2006, the City Council adopted Ordinance #106-05 amending the Zoning Map to designate this 79 acres as a Planned Unit Development. The ordinance listed the elements of the original PUD as follows: a. The PUD is a single family development consisting of lots from 7,150 square feet to over 30,000 square feet in area. The PUD plan provides a minimum of 34.74 acres of park, including a 5.75 acre active neighborhood park. b. The total number of units on the site will not exceed 136. c. Density and impervious surface within the Shoreland Tiers must not exceed the totals identified on the plans dated December 13, 2005. 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. e. The elements of the plan will be as shown on the plans dated December 13, 2005, except for modifications approved as part of the final PUD plan. On September 5, 2006, the City Council approved the final PUD plan. The approved final PUD plans included a table listing the minimum setbacks. For the most part, the conventional R-1 side yard setbacks of 10' are applied. Reduced setbacks are permitted as follows: 1. A reduced side yard setback of 7,5' is permitted in the smaller lots in Blocks 2, 3 and 4 of the Bluffs of Northwood Meadows. 2. An 8' setback is permitted on the lots in the Villas of Northwood Meadows 3. A 7.5' setback will be permitted on one side of Lots 5-7, Block 1, Lot 1, Block 2, and Lot 3, Block 3, of the Coves of Northwood Meadows. www.cityofpriorlake.com 1:\07 files\07 pud's\amendment to the cove~R<6W8'l'1~~44 7.9800 / Fax 952.447.4245 Current Circumstances The proposed amendment to the final PUD plan would reduce the setbacks in The Coves of Northwood Meadows according to the following table: Lot Block Lot Line Current Setback Proposed Setback 1 1 E&W 10' 7.5' 2 1 E&W 10' 7.5' 3 1 E&W 10' 7.5' 4 1 E&W 10' 7.5' 8 1 NE&SW 10' 7.5' 9 1 NE & SW 10' 7.5' 14 1 S 10' 7.5' 15 1 N&SW 10' 7.5' 16 1 E&W 10' 7.5' 17 1 E&W 10' 7.5' 18 1 E&W 10' 7.5' 19 1 E&W 10' 7.5' 20 1 NW & SE 10' 7.5' 21 1 NW & SE 10' 7.5' 1 2 E 7.5' 5' 3 3 W 7.5' 5' The attached letter explains the developer's rationale for this request. The Planning Commission considered this item at a public hearing on September 24, 2007. The proposal before the Planning Commission at that time would have increased the impervious surface in Tier 4 of the development to 28.5%, which exceeds the allowable 25 percent. The Planning Commission directed the developer to reconfigure this proposal so the impervious surface will not exceed 25% in Tier 4. In order to meet the maximum 25% impervious surface requirement, the developer is proposing to limit the house pad on the lot to 3,300 square feet, and the overall impervious surface to 4,200 square feet. According to the attached letter from 80M, this will ensure the impervious surface in Tier 4 does not exceed 25 percent. The restrictive covenants on the lots will include these limitations. These covenants will be recorded against the property. The Planning Commission considered the revised proposal on October 22, 2007. The Planning Commission recommended approval of the request. Copies of the minutes of the September 24th and October 22nd Planning Commission meeting are attached to this report. ISSUES: Section 1106.100 lists the purpose of a PUO as follows: The purpose of the Planned Unit Development District (PUD) is to offer an alternative to development as outlined in the residential, commercial, and industrial use districts of this Ordinance. The PUD District will provide for greater flexibility in the development and redevelopment process as compared to development under the definitive and precise requirements of the conventional use districts. The PUD District must demonstrate that the particular areas to be developed can offer greater value to the community and 1:\07 files\07 pud's\amendment to the coves\cc report.doc 2 can better meet the community's health, welfare, and safety requirements than if those same areas were to be developed in a single purpose zone. The PUD process provides for a joint planning/design effort by developers and City officials. Development in a single purpose Use District establishes maximum limits within which developers must perform. The Planned Unit Development may be multi-purpose in nature so that not only may it be residential, commercial, or industrial, but also it may contain a combination of these uses. It is not the intent of this Section to allow for reductions or waivers to the standard Use District requirements solely for the purpose of increasing overall density, allowing the use of private streets or allowing development that otherwise could not be approved. In his application, the developer states "these lots were to have been addresses in the original application due to their reduced size, but were missed during the process." The developer is not proposing any additional benefit to the City. The City Council must review the proposed amendment to the Final PUD plan and determine whether the amendment is consistent with the purpose of a PUD. The Planning Commission found the proposal consistent with the purpose of a PUD, and recommended approval subject to the following conditions: 1. A 7.5' setback will be permitted on one side of Lots 5-7, Block 1, Lot 1, Block 2, and Lot 3, Block 3, of the Coves of Northwood Meadows, as approved in the original PUD plan. Additional setback reductions are according to the table on Page 1 of this report. All other setbacks must meet the R-1 district requirements. 2. The maximum house pad on the lots with reduced setbacks is 3,300 square feet, and the maximum impervious surface is 4,200 square feet. 3. The revised restrictive covenants must be recorded prior to issuance of any building permits. FINANCIAL IMPACT: Approval of this final plat will allow construction of new dwelling units, which will contribute to the City's tax base. The required development fees have been paid. ALTERNATIVES: The City Council has the following alternatives: 1. Adopt the resolution with conditions approving the amended final PUD Plan for Northwood Meadows. 2. Deny the resolution approving the final plat. 3. Defer this item and provide staff with specific direction. Staff reco mends Alternative #1. 1:\07 files\07 pud's\amendmen 3 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 NORTHWOOD MEADOWS Motion By: Second By: WHEREAS, Manley Land Development, Cardinal Development Group and Donnay Homes have submitted an application for an amendment to the Planned Unit Development Final Plan known as Northwood Meadows; and WHEREAS, The Prior Lake Planning Commission considered the proposed amendment to the Final PUD Plan on September 24, 2007; and on October 22, 2007; and WHEREAS, The Planning Commission found the amendment to the Final PUD Plan to be in 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 Council 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 revised plan allows the following reduced setbacks in the Coves of Northwood Meadows: Lot Block Lot Line Setback 1 1 E&W 7.5' 2 1 E&W 7.5' 3 1 E&W 7.5' 4 1 E&W 7.5' 5 1 E 7.5' 6 1 W 7.5' 7 1 E&W 7.5' 8 1 NE & SW 7.5' 9 1 NE & SW 7.5' 14 1 S 7.5' 15 1 N&SW 7.5' 16 1 E&W 7.5' (, ,;!....IM'WW,~d~oipriorlake.com Phone 952.447.9800 / Fax 952.447.4245 17 1 E&W 7.5' 18 1 E&W 7.5' 19 1 E&W 7.5' 20 1 NW & SE 7.5' 21 1 NW & SE 7.5' 1 2 E 5' 3 3 W 5' b) All other setbacks must meet the R-1 district requirements. c) The maximum house pad on the lots with reduced setbacks is 3,300 square feet, and the maximum impervious surface is 4,200 square feet. d) The revised restrictive covenants must be recorded prior to issuance of any building permits. 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 L:\07 FILES\07 PUD'S\Amendment to The Coves\pud_resolution.DOC J:.JN June 7, 2007 8 2007 The Coves of North wood Meadows PUD Amendment application Cardinal Development Group, LLC is seeking a variance in the setbacks for 16 lots in the above mentioned Plat. These lots were to have been addressed in the original application due to their reduced size but were missed during the process. Several other lots in The Coves currently have reduced setbacks. In order to reasonably fit the housing as proposed and maintain the marketability of the area, the set backs need to be reduced on the remainder of these lots as shown. Thank you for your consideration of this request. Kurt Larson Cardinal Development Group, LLC October 8, 2007 PLC Ms. Danette Moore City of Prior Lake Planning Coordinator 4646 Dakota St. NE Prior Lake, IvlN 55372 Rc: The Coves of North wood Meadows Setback Revisions Ms. Moore, This letter is in response to the City's request for updated information on the impervious areas to the Prior Lake Shoreland l)istrict "l'ier 4 in relationship \vith the setback revisions and the proposed building footprint limitations. It is our understanding that the maximum impervious surface coverage within any Shoreland District tier is not to exceed 25% for a residential PUD according to the City's ordinances. We are proposing to limit the footprint of future structures within Tier 4 of the Prior Lake Shoreland District to 3300 square feet, not including driveway areas. Using an average driveway area of approximately 980 feet and a maximum footprint of 3300 square feet for the lots with proposed setback revisions, the percentage of impervious surfaces within Tier 4 of the Shoreland District is not expected to exceed 25%. If you have any questions, you can contact me at (612) 548~3141 or by email at Sincerely, Jim Stremel, P .E. BDM Consulting Engineers and Surveyors, PLC Cc Kurt Larson Page ] of 1 ;-.- "-, --1 ~1 ~ CONSULTING ENGINEERS AND SURVEYORS, PLC I n JUN 8 2007 June 5, 2007 I , r,--< \ L-:........~ i --J Ms. Danette Moore City of Prior Lake Planning Coordinator 4646 Dakota St. NE Prior Lake, MN 55372 Re: The Coves of North wood Meadows Setback Revisions Ms. Moore, The Cardinal Development Group would like to propose an amendment to the PUD for The Coves of Northwood Meadows. The amendment includes changes to setback dimensions for the lots highlighted in the attached exhibit. The chart below describes the specific dimensions and changes to the lots in question. Current Proposed Lot Block Lotline Setback Setback 1 1 E&W 10 7.5 2 1 E&W 10 7.5 3 1 E&W 10 7.5 4 1 E&W 10 7.5 8 1 NE & SW 10 7.5 9 1 NE & SW 10 7.5 14 1 S 10 7.5 15 1 N&SW 10 7.5 16 1 E&W 10 7.5 17 1 E&W 10 7.5 18 1 E&W 10 7.5 19 1 E&W 10 7.5 20 1 NW & SE 10 7.5 21 1 NW & SE 10 7.5 1 2 E 7.5 5 3 3 W 7.5 5 11040 -183RD CIRCLE NW, SUITE A' ELK RIVER, MN 55330' 763-441-0877, FAX 763-441-7724 Page 1 of2 If you have any questions, you can contact me at (612) 548-3140 or by email at dennis.honsa@bdmce.com. Sincerely, ce--~ 1);;, ~L Dennis M. Ronsa Registered Land Surveyor BDM Consulting Engineers and Surveyors, PLC Enclosures: (1) Exhibit Cc Kurt Larson Page 2 of2 1l040-183RD CIRCLE NW, SUITE A. ELK RIVER. MN 55330.763-441-0877, FAX 763-441-7724 ...".....................~~.::....C.......=.....~."...........................:.....___.......__.._..__._",,~~~_..,- - -.,-'"'--'-'=_""'. _~""""""':""C''''''---,:''~.''~-:C- ___ . _"'~'*"'"'" "~"'''''''''----=-==''O--'~'''''''''''.~"",,,'O?-C~O~7.~'.-o-',--''-~'''''~''.'~''-: O.>~'~:=_ __...r_.....w.',., '._ ,~,_~.~_O..-~:.__~T'_~>..=....,.,__,.,_...,__,,__..._.,'..""_~,_=_ ... . ~-,._-~..-. ,_,.,,",,,,._,,''-'".'~.'"''''''' ~ CONSULTING ENGINEERS AND SURVEYORS, PLC July 24, 2007 I'. II IlI'r r~" 1-...1 U~ LJi,ri _i,~ I ii!1 By J Ms. Danette Moore City of Prior Lake Planning Coordinator 4646 Dakota St. NE Prior Lake, MN 55372 Re: The Coves of North wood Meadows Setback Revisions Ms. Moore, This letter is in response to the City's request for updated information on the impervious areas to the Prior Lake Shoreland District tiers in relationship with the setback revisions as previously proposed in a letter dated June 5, 2007. Tiers 1 and 2 are completely off of The Coves property and therefore will not be affected by the change. With the change in setback dimensions we are anticipating that the pad sizes for the affected lots would increase from 50'x50' (2500 square feet) to 60'x60' (3600 square feet). Portions of Tier 3 are within The Coves development (Lots 15-17 Blk 1), but the proposed changes would only add an approximate impervious area of 294 square feet to Lot 16 Block 1. There are more significant changes within Tier 4 (Lots 1-3, 14-21 Blk 1, Lot 1 Blk 2, Lot 3.Blk 3). If the increase in pad size is assumed to be completely impervious, the overall impervious area for tlie affected lots within as a whole within Tier 4 would increase from 21.6% to 28.5%. See the attached exhibit showing the location of the shoreland district tiers and the affected lots. If you have any questions, you can contact me at (612) 548-3141 or by email at iim.stremel@bdmce.com Sincerely, .~ Jim Stremel, P .E. BDM Consulting Engineers and Surveyors, PLC Enclosures: (1) Exlubit Cc Kurt Larson Page 1 of 1 . 60 PLATO BLVD EAST' ST PAUL, MN 55107' 612-548-3141, FAX 763-786-4574 l r--l -~ I-II- I I I I. I I I I I I I' I 0 I \0 I I @ : I CD II I I I L J L ~ CONSULnllO ENGINEERS ~ SUIlYEYOllS 'I"IoS"I.. _ ...... _. - __ ~ .....-....-.- -...- THf COr.KS OF HO.l?TH/I'OO.f) Kg'A..lJO/l'S fIH/D/r" P.I?/O.l? MKf SHO.l?fMH..lJ T/f.l?S I I I I I I I I It... I I I I I I I I I I I I I :5 I l r ,r l I I I I I ~ I NIB' l 0 C I I CD 1:.::1 Ii' I I 2 I I'. I ~ I \::.J I 3 , \ I Q. I I I I _L..J L _ ..J L ..J I I I I '2 I I I I 2 I I I L__..J LIIDlD o ......--- . w.r.:r~-r=. . -...-.... ---~ --- ..r - I - - - KNOLLRIDGE ~IVE - - - -- =-"..1 :MIl :ft.'U'!!!J!:!l!. .-. -...... -.......- 5 @ I I I I I I I J @) ~ ...J '" , .J.. .' I I ---l L : =-= ~< 'l: ~.. T. 114. .. 22 . UIlE aF 111! I 1/2 aF M .. ,,< / l I I f I \1 .J -. '\ ID 6 ~ ,. #'& ~ :::::T ,'7. ':: ~ T. "" II. 22. 1'01.OIO CJ.Il. ARTICLE ill HOME CONSTRUCTION AND LANDSCAPING Section I: Criteria for Home Construction: Architectural quality, distinction, creativity and compatibility is deemed of prime importance. Harmony in external design, location upon the lot and in relation to surrounding structures and topography, as well as the height, shape and exterior materials, finish and quality are all matters to be considered. All house fronts shall be constructed with no less than 1/3, native stone, brick, stucco or similar cultured material as are required, the balance of fronts shall be allowed wood, hardy board or like type materials, and approved in writing by the architectural control committee. Wood finishes are to be in natural earth tone or gray stains and paints. Sides and rears of all homes are to be constructed of compatible quality materials, including aluminum, vinyl, stucco, cedar or other materials as approved by the architectural control committee.. All roofs shall be constructed at not less than 7/12 pitch with an upgraded shingle, (Horizon, Timberline) or of comparable quality. All homes if able shall have a deck completed by closing. Section II: Structures: No structure other than one single family residence shall be erected on any lot together with a garage at least three cars in size constructed as a integral part of the residence. Section ill: Landscaping: A lawn and plantings plan that shall include at least two trees of an approved species and size shall be submitted to the architectural committee for approval. All landscaping shall be completed within nine months after issuance of a building permit or 60 days after home completion, whichever is sooner. Wooded areas are to be preserved and no trees exceeding six inches in diameter at the base shall be removed unless diseased, severely damaged or deteriorated or hazardous except where necessary for building or to comply with landscaping plan as approved. Planting or trees which can cause a public nuisance, such as cotton producing trees, or can be a public hazard, such as bug infestation or weak bark, are prohibited. All lawn areas from rear of structure and side lot lines to curb must be sodded at owner's expense. All homes constructed shall have a landscaping allowance of no less than $15,000. This allowance must cover the minimum requirements as stated in this paragraph. Section IV: Surfacing: Motor vehicles driveways and parking areas shall be hard surfaced with asphalt, concrete, brick or similar materials. Driveways, parking and lawn areas shall conform to grades established by development plan with wooded areas preserved and native undergrowth protected if at all possible. Section V: Size of Residence: No residence shall exceed two stories in height above front ground level. One story and multi-level residences shall have above grade finished living area of no less than 1,600 square feet; and two-story residences no less than a total of 2,200 square feet; and a modified two story shall a foundation size no less than 1,400 square feet foundation and a total of 2,200 square feet, in each instance excluding garages, unheated porches, and accessory structures thereto. A. Restrictions On Lots 1-4,8,9, 14-21, Block 1, Lot 1, Block 2 and Lot 3, Block 3: 1. The home footprint, including but not limited to the house, garage, and decks shall not exceed 3300 square feet. 2. The impervious surface, including house, garage, driveway, patios, sheds, pools, and any other impervious surface shall not exceed 4200 square feet. Planning Commission Meeting September 24, 2007 0/2 B. EP07-125 An application has been submitted to amend the Final Northwood Meadows PUD Plan to reduce the minimum side yard setbacks from 10' to 7.5' for the lots in The Coves of Northwood Meadows. Planning Director Jane Kansier presented the planning report dated September 24, 2007, on file in the office of the city planning department. Manley Land Development, Cardinal Development Group and Donnay Homes have applied for approval of an amendment to the Planned Unit Development (PUD) known as Northwood Meadows on the property located on the west side of North wood Road, directly west of the Northwood Oaks development and east of Spring Lake Regional Park. The proposed amendment would allow the minimum side yard setbacks for the lots in The Coves of North wood Meadows to be reduced from 10' to 7.5' or 5 feet. On March 20,2006, the City Council adopted Ordinance #106-05 amending the Zoning Ordinance to designate the 79 acres as a Planned Unit Development. On September 5, 2006, the City Council approved the final PUD plan. The approved final PUD plans included a table listing the minimum setbacks. For the most part, the conventional R-1 setbacks are applied. Reduced setbacks are permitted as follows: 1. A reduced side yard setback of7.5' is permitted in the smaller lots in Blocks 2,3 and 4 of the Bluffs of North wood Meadows. 2. An 8' setback is permitted on the lots in the Villas of North wood Meadows 3. A 7.5' setback will be permitted on one side of Lots 5-7, Block 1, Lot 1, Block 2, and Lot 3, Block 3, of the Coves of North wood Meadows. The developer is now requesting an amendment to the final PUD plan that would reduce the setbacks in The Coves of North wood Meadows from 10' to 7.5 feet. The developers are also requesting the setbacks be reduced from 7.5' to 5' for two of the lots. In his application, the developer states "these lots were to have been addresses in the original application due to their reduced size, but were missed during the process." The developer is not proposing any additional benefit to the City. The major impact of the proposed amendment is the increase in impervious surface. According to Section 1104.805 (3b) of the Zoning Ordinance, impervious surface coverage is limited to 25% of each tier area in a Shoreland District PUD. According to the information provided by BDM, the developer's engineer, an additional 294 square feet of impervious surface will be added to Tier 3. Since the total approved impervious surface in this tier is approximately 8%, the additional impervious surface is insignificant. In Tier 4, however, the reduced setbacks will increase the impervious surface to 28.5 percent. This is not consistent with the Ordinance requirement. If the Planning Commission finds the amendment consistent with the purpose of the PUD, approval must be contingent upon revising the proposal so the impervious surface in Tier 4 does not exceed the 25% maximum. This revision must be done before the proposal proceeds to the City Council. L:\07 FILES\07 PLANNING COMMISSION\07 MINUTES\MN092407.doc 4 Planning Commission Meeting September 24, 2007 Staff recommended denial based on the impervious surface criteria. If that were to be revised the question would become whether or not the proposed amendment is consistent with the intent of the PUD. Kansier read a letter from James R. Casey, 3049 Hawk Ridge Road, opposing the request. Ringstad stated he has a conflict of interest with the applicant and would abstain from comments and voting. Lemke questioned if the number of lots would remain the same. Kansier responded they would. There are no additional units, just smaller setbacks on the lots they identified. Lemke - If approved it would not increase any lots or density. Kansier agreed. Perez questioned if staff has seen a PUD amendment come back with a similar issue that something was forgotten. Other times the Commissioners see an amendment because of changes in the market. Kansier responded he was correct - the only PUD amendments that come back are for reducing the density, reducing the number of units or reducing the impervious surface. Comments from the Public: Kurt Larson, Cardinal Development, said he is a little embarrassed to be before the Commissioners tonight, it is an engineering error and passed past them as well. The amendment is for 16 lots which is less than half of the development. The error came to their attention when one of the builders came forward with a plan and they were not able to fit it on the lot based on the current setbacks. One of the key issues in the PUD was lifecycle housing and moving people through with different styles of housing with price ranges and so on. Manley (development) has the smallest lots in the development which would be more of the starter or retired housing. Larson said the new proposed lots would be the same as Manley's. Again, there are only 16 lots out of 40. It would be unlikely the homes would exceed the impervious surface requirements. Larson said they would be willing to go back and work with staff on the 25% impervious surface. Fleming asked Larson if he had thought at all about sustaining the marketability of the area. Larson said they had 24 lots they can do thing with and 16 that they can't. So it affects the entire site. Obviously marketability is one of them. Fleming questioned Larson if working with staff he would be able to make the 25% impervious surface. Larson replied with the majority of the 16 lots they could make it work. Billington asked Larson to explain the ramifications and benefits enhancing the lifecycle housing. Larson said one of the issues of the PUD was lifecycle housing with different L:\07 FILES\07 PLANNING COMMISSION\07 MINUTES\MN092407.doc 5 Planning Commission Meeting September 24, 2007 types of styles for demographics and price ranges. These 16 lots would not be in line with the other 24 and what they would market. Billington questioned how do we get at the question of so called competitive priced housing. Is that part of the equation for long term marketing? Larson said it is part of the equation, he did not know how to get there. Perez noted in the report there were no additional benefits to the City. Larson said this goes back to the PUD and keeping it constant with the life cycle housing. Billington questioned if the Commissioners approve with the 25% maximum on impervious surface, is it going to be helpful or what is the impact for the project. Larson said it would be very helpful and give them the ability to build a larger home. Fleming asked staff what the current impervious surface would be for tier 4. Kansier responded the approved plan for tier 4 was approximately 21 %. Lemke questioned if all the setbacks were approved except for the two (lots) at five (feet), what would that do to the project? Larson responded there is a pathway that runs between, it would certainly be helpful to have that setback, and it's not dramatic. Todd Murr, 3022 Hawk Ridge Road, commented there are 40 lots in the development and the setbacks work for 24 lots, why do they have to reduce setbacks for16 lots? Murr said he did not understand why change the 16 lots. Larson said he can work on them but it's just not the reduced setback. The lots are not narrower, where I could understand. Secondly, Larson said he wanted to build larger houses. Murr would be interested in a marketing research. The first set of four houses on Hawk Ridge Road have between 20 and 25 foot setback, then to go on to the next development on the same road with 14 foot setbacks will be inconsistent. There should be some continuity. Larson said he may have misspoke if they think they are building bigger homes, the setbacks give more flexibility to build custom homes. The lot sizes on the Villas and Bluffs really limit the product. His site was always determined to be a custom built upper scale home. It doesn't always mean a larger home. Fleming asked Larson to give an example of a customization. Larson explained a standard three-car garage will be between 30 and 34 feet, from there depending on the configuration of the home - a rambler or a two story, the width can change dramatically within a customized home. This just gives us the flexibility or the ability at some point in time if they need it to have it. Billington quoted part ofMr. Casey's letter opposing the request because he believes the reduction will reduce the home values of current and future properties and developments with smaller setbacks are aesthetically displeasing. Larson said in some cases that is true in other places within the Metro area. However, Larson felt that would not happen in this development. L:\07 FILES\07 PLANNING COMMISSION\07 MINUTES\MN092407.doc 6 Planning Commission Meeting September 24, 2007 Andy Burke, 3058 Hawk Ridge Road, said he was concerned with all the little tweaking changes in this development, over time the overall value of other properties will go down. He is worried as homes are packed in tighter and tighter the whole development becomes less aesthetically pleasing. There are many developments in the Spring Lake area. This plan has changed since it was first presented. Burke's other concern with this tweaking and jamming homes close together has a lot to do with the marketing conditions. Would like to see the development stay as is. Burke has his own business and he has to make adjustments. He suggested taking some of the homes out of the plan and spreading out the lots which would allow for better custom homes. Burke and his neighbors do not want more packed in homes. At some time you have to say "enough is enough". The public hearing closed at 6:42 p.m. Comments from the Commissioners: Billington: . In hearing all the comments I am inclined to support this. The developer will really have to hold to the impervious surface at 25%. Not inclined in the future to change this very much. . I think there are some valid points from the other side as far as lot size. . We are going to have to adapt to current market changes or we are going to sit on the status quo. There has to be some flexibility to survive. Fleming: . Agreed with Commissioner Billington. . Thank you to the residents for bringing their concerns. They resonate with me. . Appreciate Kurt (Larson) coming fOlWard and explaining the customization and not trying to add more units on the site. . I would urge the developer to work with staff to arrive at the 25% or lower impervious surface. Perez: . Agree with staff in this case. . What are the benefits to the City? Have there been any thoughts to that? . Was there an opportunity to bring something back to the City? Kansier said staff met with Mr. Larson a few weeks ago and he advised staffhe was not proposing any additional benefits. . This has not been common place to come back with an amendment. . Nor has it been a good reason in the past to change a PUD in the final stages. . The impervious surface did not sound like a concerned issue. . For those reasons I cannot support this. Lemke: . Would agree with Perez wholeheartedly if there were one or two more houses, however, while it's tempting not to approve this, I think we would get a less L:\07 FILES\07 PLANNING COMMISSION\07 MINUTES\MN092407.doc 7 Planning Commission Meeting September 24, 2007 desirable product on those 16 lots that is less than what is intended and have exactly the affect the residents are worried about. . The developer said he would not intend to use all of the setbacks for the lots, just the flexibility to build a custom home. . Sixteen custom houses designed to the lot would be more aesthetically pleasing. It could actually do the opposite and raise the value of the homes. . I will support, but the 4th tier cannot exceed the 25% impervious surface. My concern and I am asking staff for help - that the first 10 lots sold become somewhat larger houses where the developer gets painted into a comer and the remaining lots are not going to be easy to develop. . Kansier responded she understands his concern. Mr. Larson said he might not use the entire building pad however, based on her experience - it is used. She believes they can bring down the impervious surface but the proposal needs to be adjusted so it shows the max at 25% (imperious surface). . Kansier went on to explain how staff works with the PUD process and the impervious surface calculations. Her concern is with just going forward and saying it (impervious surface) won't be exceeded, that it will exceed. . Kansier said she is more comfortable with revising the proposal to bring the number down to 25%. . I would propose to bring it back and approve it based on a 25% maximum impervious surface amendment. . Kansier said any amendment would have to go before the City Council. Further Commissioner Discussion: Fleming agreed. Billington agreed if the amendment came back (before the Planning Commission). We would all be informed and comfortable with what is going on. It is a departure from the initial thought process of this project. Lemke thanked the residents for coming out and stated any tweaking of increased density or townhomes or anything else he would not support. Kansier suggested the item could be continued to the next meeting on October 22, then the neighbors could come back to hear the presentation and comment. If the Commissioners decide to go that way, the Motion should be with a specific direction. MOTION BY FLEMING, SECOND BY BILLINGTON, TO CONTINUE THE ITEM TO THE OCTOBER 22,2007, AND REVIEW THE PROPOSAL TO REFLECT THE IMPERVIOUS SURFACE AREA DOES NOT EXCEED THE 25% AS MANDATED AND ORDINANCE REQUIRED. Vote taken indicated ayes by all. MOTION CARRIED. 6. Old Business: None L:\07 FILES\07 PLANNING COMMISSION\07 MINUTES\MN092407.doc 8 Planning Commission Meeting October 22, 2007 Comments from the Public: APPlic~~~an Sullivan of Ryland Homes said Danette did a great job in presenting the report. ~\OUld remain present to answer any questions. Ringstad ask~ Sullivan how the market was going. Sullivan said when ~y first opened the spec home they had a lot of traffic and interest. Since that time thy?h~~e 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 staffs 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 P?rk dedication and sidewalk to be in the City's interest. ;" MOTION BY BILLIN ffON, SECONDED BY FLEMING, RECOMMENDING \. APPROVAL OF TH UD AMENDMENT, V ACATIONAND COMBINED PRELIMINARY A FINAL PLAT SUBJECT TO THE LI~ED CONDITIONS. Vote taken indi ted ayes by all. MOTION CARRIED. ~ This item w,' 1 go before the City Council on November 5, 2007. 6. Old Business: ~ A. EP07-125 Continue review of an application to amend the Final Northwood Meadows pun Plan to reduce the minimum side yard setbacks from 10' to 7.5' for the lots in The Coves of Northwood Meadows. Planning Director Jane Kansier presented the Planning Report dated October 22,2007, on file in the office of the City Planning Department. Manley Land Development, Cardinal Development Group, and Donnay Homes have applied for approval of an amendment to the Planned Unit Development (PUD) known as L:\07 FILES\07 PLANNING COMMISSION\07 MINUTES\MNI02207.doc 3 Planning Commission Meeting October 22, 2007 Northwood Meadows on the property located on the west side of North wood Road, directly west of the Northwood Oaks development and east of Spring Lake Regional Park. The proposed amendment would allow the minimum side yard setbacks for the lots in The Coves of North wood Meadows to be reduced from 10' to 7.5' or 5 feet. The Planning Commission considered this item at a public hearing on September 24, 2007. The proposal before the Planning Commission at that time would have increased the impervious surface in Tier 4 of the development to 28.5%, which exceeds the allowable 25 percent. The Planning Commission directed the developer to reconfigure this proposal so the impervious surface will not exceed 25% in Tier 4. In order to meet the maximum 25% impervious surface requirement, the developer is proposing to limit the house pad on the lot to 3,300 square feet, and the overall impervious surface to 4,200 square feet. According to a letter dated July 25,2007 from BDM, this will ensure the impervious surface in Tier 4 does not exceed 25 percent. The restrictive covenants on the lots will include these limitations. These covenants will be recorded against the property. The Planning Commission must review the proposed amendment to the Final PUD plan and determine whether the amendment is consistent with the purpose of a PUD. The change in the proposal is consistent with the direction provided by the Planning Commission on September 24, 2007. If the Planning Commission finds the proposal consistent with the purpose of a PUD, the staff would recommend approval subject to the following conditions: 1. A 7.5' setback will be permitted on one side of Lots 5-7, Block 1, Lot 1, Block 2, and Lot 3, Block 3, of the Coves of North wood Meadows, as approved in the original PUD plan. Additional setback reductions are according to the table on Page 1 of this report. All other setbacks must meet the R-l district requirements. 2. The maximum house pad on the lots with reduced setbacks is 3,300 square feet, and the maximum impervious surface is 4,200 square feet. 3. The revised restrictive covenants must be recorded prior to issuance of any building permits. Commissioner Ringstad abstained from comments and voting on this matter due to a conflict of interest. Comments from the Commissioners: Lemke asked if staff was comfortable with the reductions and ifit takes care of the impervious surface. Kansier responded according to the surveyor for the developer it would meet the maximum impervious surface. Lemke questioned the two lots with the 5' setbacks, actually it's a trail. Kansier explained the two lots and park trail. L:\07 FILES\07 PLANNING COMMISSION\07 MINUTES\MNI02207.doc 4 Planning Commission Meeting October 22, 2007 Lemke said he just wanted to be clear this is not being done to increase the number of units or density. Kansier confirmed. The applicant said he did not need to comment and there were no comments from the public. Fleming wanted to make sure everyone understands clearly as his intent is to understand the communications dated October 8 is from DDM. The end of the second paragraph is rather loose and would rather see impervious surface "will not exceed." He wanted to make sure what everyone was agreeing to in spirit is actually going to happen, given the integration of their restrictive covenants. Kansier said she was not sure how to do that without further information from the surveyor. By limiting the impervious surface to 4,200 square feet should do it. Fleming said he's not sure what to do with it but you could drive a truck through that language. Kansier agreed. Lemke asked if they (the developer) are sort of covering their tracks if something exceeded the requirements, they would have no control if someone came to ask for a variance. Kansier said staff would have very specific restrictions for each lot states the maximum house pad and impervious surface regardless of what the percentage on those lots turn out to be. Staff also maintains a table as the building permits are processed and keep an eye on it. What could conceivably happen is coming down to the last house and it may not be to meet the requirements because of the 25%. Lemke asked Kansier if she was comfortable with the 25% using these covenants. Kansier responded based on the information from the surveyor she would be comfortable. The public hearing was officially closed. Billington: . Given the information and staffs comments - I feel it is reasonable. Support as it can be controlled in the aggregate impervious surface. Fleming: . Will support the proposal. Would like to thank Kurt and Cardinal Development for going back to the table and taking our previous comments and directions from the September 24th meeting. Lemke: . Support - it is consistent with what we had before. Now that we have the 25% nailed down, I am comfortable with this. . It meets the criteria. U07 FILES\07 PLANNING COMMISSION\07 MINUTES\MNI 02207.doc 5 Planning Commission Meeting October 22, 2007 MOTION BY BILLINGTON, SECOND BY FLEMING, RECOMMENDING APPROVAL OF THE PUD FINAL PLAN SUBJECT TO STAFF'S CONDITIONS. Vote taken indicated ayes by all. Ringstad abstained. MOTION CARRIED. This item will go before the Council on November 5th. 7. New Business: 8. Announcements and Correspondence: Just a reminder the first meeting in November will be Tuesday, the 13th. . Zoning Workshop discussions to follow in the Parkview Conference Room. 9. Adjournment: The meeting adjourned at 6:25 p.m. Connie Carlson Recording Secretary L:\07 FILES\07 PLANNING COMMISSION\07 MINUTES\MN102207.doc 6