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HomeMy WebLinkAboutItem 06.jt eville February 14, 2013 Item No. BELLANTE PLANNED UNIT DEVELOPMENT AMENDMENT FEBRUARY 19, 2013 CITY COUNCIL MEETING Proposed Action Staff recommends adoption of the following motion: Move to approve an ordinance amending the Planned Unit Development for Bellante (Ordinance No. 782) and adopt the findings of fact. Adoption of this motion will allow a reduced front yard setback for the two -unit townhome building to be constructed on Lots 15 and 16, Block 1, Bellante. Overview William Feldman, representing the Bellante townhome development, is requesting approval of a Planned Unit Development (PUD) Amendment to allow a reduced setback for a two unit townhome building proposed for construction at 18248 and 18250 Justice Way. Bellante is an 86 unit townhome development located north of 185' Street (CSAH 60) and east of Judicial Road. The proposed reduced building setback to the private drive is a result of the developer's placement of a public sanitary sewer line too close to the lot lines for Lots 15 and 16, Block 1, Bellante. The developer is requesting flexibility in the setback requirement only for this two -unit building within the Bellante PUD in order to obtain a minimum of five feet of separation between the existing sanitary sewer line and the proposed townhome building footing. The Planning Commission held a public hearing on the PUD Amendment request at their February 7, 2013 meeting and recommended approval on a 4 -1 vote. There was no public comment at the meeting. Primary Issue to Consider What options were considered by the applicant to obtain a five foot separation between the building foundation and the sanitary sewer line for maintenance purposes, the minimum setback recommended by staff. Supporting Information • Staff analysis of primary issues (see page 2) • Ordinance amending Ordinance No. 782 • Ordinance No. 782, dated May 16, 2005 • Findings of Fact • February 7, 2013 Planning Commission meeting minutes • Email from neighboring resident • Planni eport dated February 1, 2013 Frank Dempsey, AICP, ssocia a Planner Financial Impact: $ None Budgeted: Y/N Source: Related Documents (CIP, ERP, etc.): Zoning Ordinances Notes: Primary Issues to Consider Staff and the developer explored three options that would have made the PUD amendment unnecessary including reducing the depth of the townhome building, constructing the twinhome with a cantilever design to place the rear foundation further from the sanitary sewer line, and relocating the sanitary sewer line to the east. Relocating the sanitary sewer line would include the cost associated with installing the new pipe, including 3 -4 new manholes, as well as the long range additional City costs associated with maintaining the additional manholes. 2 ORDINANCE NO. CITY OF LAKEVILLE DAKOTA COUNTY, MINNESOTA AN ORDINANCE AMENDING ORDINANCE NO. 782 THE CITY COUNCIL OF THE CITY OF LAKEVILLE, MINNESOTA ORDAINS: SECTION 1 . Ordinance No. 782 is amended by adding the following provision: The townhome building to be constructed on Lots 15 and 16, Block 1 Bellante Addition may have a three (3) foot setback reduction from the back of curb of the private drive as shown on the Certificate of Survey prepared by Rehder and Associates, revised January 10, 2013. ADOPTED this day of , 2013, by the City Council of the City of Lakeville, Minnesota. CITY OF LAKEVILLE LOWA Matt Little, Mayor ATTEST: Charlene Friedges, City Clerk 168737v1 ORDINANCE NO. 782 CITY OF LAKEVILLE DAKOTA COUNTY, MINNESOTA AN ORDINANCE AMENDING ORDINANCE NO. 674 BEING THE ZONING ORDINANCE OF THE CITY OF LAKEVILLE THE CITY COUNCIL OF THE CITY OF LAKEVILLE ORDAINS: Sect ion I. Ordinance No. 674 is hereby amended to rezone from RM -1, Medium Density Residential District to PUD, Planned Unit Development District the following described property located within the City of Lakeville', Dakota County, Minnesota: The West half of the Northwest Quarter, Section Fourteen, Township One hundred, Range Twenty-one, Dakota County, Minnesota, Except that part thereof, lying northerly of a line drawn from a point on the West line of the Northwest Quarter of the Northwest Quarter distant 782.2 feet South of the Northwest comer thereof to a point on the East line of the Northwest quarter of the Northwest quarter distant 961.33 feet South of the Northeast comer thereof. The zoning district requirements for the RM -1, Medium Density Residential District, apply to the property except for the modifications approved in the Bellante preliminary and final plat, the Development Contract for the Bellante plat, and the plans, exhibits, and reports referred to or attached to the Development Contract. Section 2 . The zoning map of the City of Lakeville shall not be republished to show the aforesaid rezoning, but the City Clerk shall appropriately mark the zoning map on file in the City CierWs office for the purpose of indicating the rezoning hereinabove provided for in this Ordinance, and all of the notations, references and other information shown thereon are hereby incorporated by reference and made a part of this Ordinance. Section I This ordinance shall be effective upon recording of the Bellante final plat Adopted by the Lakeville City Council this 16' day of May, 2005. CITY OF LAKEVILLE r' BY: Robert D. Joh Mayor CITY OF LAKEVILLE DAKOTA COUNTY, MINNESOTA FINDINGS OF FACT BELLANTE PLANNED UNIT DEVELOPMENT AMENDMENT On February 7, 2013 the Lakeville Planning Commission met at it's regularly scheduled meeting to consider the request of William Feldman for an amendment to the Bellante Planned Unit Development (PUD) to allow a reduced building setback to a private drive for a two unit residential building at 18248 and 18250 Justice Way. The Planning Commission conducted a public hearing on the proposed planned unit development amendment preceded by published and mailed notice. The applicant was present and the Planning Commission heard testimony from all interested persons wishing to speak. The City Council hereby adopts the following: FINDINGS OF FACT 1. The property is currently zoned PUD, Planned Unit Development District. 2. The property is located in Planning District No.1 and is classified as medium density residential in the 2008 Comprehensive Land Use Plan. 3. The legal description of the property is: Lots 15 and 16, Block 1, Bellante 4. Section 11- 96 -17C of the Zoning Ordinance requires that a planned unit development amendment be processed according to the requirements of Chapter 3 of the Zoning Ordinance which provides that an amendment may not be approved unless certain criteria are satisfied. The criteria and our findings regarding them are: a) The proposed action has been considered in relation to the specific policies and provisions of and has been found to be consistent with the Official City Comprehensive Plan. The planned unit development amendment will be consistent with the Comprehensive Plan. b) The proposed use is or will be compatible with future land uses of the area. The proposed reduced setback will be compatible with the Bellante residential development and will not have an adverse effect on the overall planned unit development. c) The proposed use conforms with all performance standards contained in this Code. The proposed two unit residential building will comply with all performance standards within the Zoning Ordinance other than the reduced setback to the private drive. d) The proposed use can be accommodated with existing public services and will not overburden the City's service capacity. The proposed two -unit residential building will have access to city sewer and water and will not overburden the City's service capacity. e) Traffic generation by the proposed use is within capabilities of streets serving the property. Traffic generation in the Bellante development will not be impacted. The proposed planned unit development amendment will allow adequate vehicle parking on the townhome building driveway and will not impact the public streets or private drive. 5. The planning report dated February 1, 2013 prepared by Associate Planner Frank Dempsey is incorporated herein. DATED: February 19, 2013 CITY OF LAKEVILLE Matt Little, Mayor M Charlene Friedges, City Clerk OrA CITY OF LAKEVILLE PLANNING COMMISSION MEETING MINUTES February 7, 2013 Chair Lillehei called the meeting to order at 6:00 p.m. in the Council Chambers at City Hall. The pledge of allegiance to the flag was given. Members Present: Chair Brooks Lillehei, Paul Reuvers, Linda Maguire, Bart Davis, Gerry Grenz, Joe Blee, and ex- officio Shawn Fitzhenry. Members Absent: Karl Drotning, Bob Boerschel, and Bart Davis. Others Present: Daryl Morey, Planning Director and Penny Brevig, Recording Secretary. 3. Approval of the Meeting Minutes The January 17, 2013 Planning Commission meeting minutes were approved as presented. The January 17, 2013 Planning Commission work session minutes were approved as presented. 4. Announcements Mr. Morey stated that the following items were distributed to the Planning Commission at tonight's meeting: A. E -mail from a resident in support of the proposed Bellante PUD amendment (Agenda Item 5). ® 5. Bellante Chair Lillehei opened the public hearing to consider an amendment to the Bellante Planned Unit Development (PUD) to allow a front yard building setback to a private drive of less than 30 feet for one twinhome building. The Recording Secretary attested that the legal notice had been duly published in accordance with State Statutes and City Code. William Feldman, President of Westar Properties, presented an overview of his request. Mr. Feldman stated that he and his engineer have looked at various options to address the proposed twinhome building setback from the existing sanitary sewer line to the east and they concluded that a PUD amendment is the best alternative after taking into consideration the requirements of the City and the desires of the buyer and the builder of the twinhome. Planning Commission Meeting Minutes, February 7, 2013 Page 2 Planning Director Daryl Morey presented the planning report. Mr. Morey stated that William Feldman, representing the Bellante townhome development, has submitted an application for a Planned Unit Development (PUD) amendment to allow a reduced front setback for a proposed two unit townhome building from the back of curb of the existing private drive. The developer is requesting flexibility in the setback requirement only for this two -unit building within the Bellante PUD in order to obtain a minimum of five feet of separation between the existing sanitary sewer line to the east and the proposed townhome building footings. Mr. Morey stated that the proposed reduced building setback to the private drive is a result of the public sanitary sewer line within Lot 17, Block 1, Bellante being placed too close to the east (rear) lot lines for Lots 15 and 16, Block 1, Bellante. Mr. Morey indicated that staff and the developer looked at three options that would have made the PUD amendment unnecessary including reducing the depth of the townhome building, constructing the twinhome with a cantilever design to place the rear foundation further from the sanitary sewer line, and relocating the sanitary sewer line to the east. Relocating the sanitary sewer line would include the cost associated with installing the new pipe, including 3 -4 new manholes, as well as the long range additional City costs associated with maintaining the additional manholes. Mr. Morey stated that the proposed amendment is consistent with the Bellante PUD and findings of fact have been provided for the Planning Commission's consideration. Staff recommends approval of the PUD amendment subject to the one stipulation listed in the February 1, 2013 planning report. Chair Lillehei opened the hearing to the public for comment. There were no comments from the audience. Motion was made by Blee, seconded by Reuvers to close the public hearing at 6:11 p.m. Ayes: Reuvers, Maguire, Lillehei, Grenz, Blee. Nays: 0 Chair Lillehei asked for comments from the Planning Commission. Discussion points were: • Commissioner Grenz questioned whether the sanitary sewer pipe was right next to the property line. Mr. Morey identified the location of the sanitary sewer pipe as shown on Exhibit E of the February 1, 2013 planning report approximately one foot east of the rear lot line for Lot 16. He stated that Operations and Maintenance staff have indicated that they could perform maintenance on the sanitary sewer line on the east side of the pipe within Lot 17, which is owned by the City. Planning Commission Meeting Minutes, February 7, 2013 Page 3 • The remaining members of the Planning Commission agreed that this request is a reasonable solution that is consistent with the original Bellante PUD, and noted that the City has not received any negative comments from neighbors regarding the PUD amendment. Motion was made by Maguire, seconded by Reuvers to recommend to City Council approval of the Bellante Planned Unit Development Amendment, subject to the following stipulation: 1. The townhome building to be constructed on Lots 15 and 16, Block 1, Bellante, shall be constructed in the location shown on the Certificate of Survey prepared by Rehder and Associates, revised January 10, 2013. Ayes: Maguire, Lillehei, Blee, Reuvers. Nays: Grenz. Commissioner Grenz did not consider this a hardship and does not see a reason why the building could not be redesigned to fit on the lot and avoid the PUD amendment. There being no further business, the meeting was adjourned at 6:12 p.m. Respectfully submitted, Penny Brevig, Recording Secretary Brooks Lillehei, Chair Dempsey, Frank From: Bob & Betty Angus <bangus @frontiernet.net> Sent: Monday, February 04, 2013 8:38 AM To: Dempsey, Frank Subject: Proposed Amendment to Belante PUD We support the proposed amendment to the Bellante PUD. On Jan 18 we received an e-mail from Bill Feldman, forwarded by Paul Roth (of the firm that manages the PUD), to all residents of the development explaining the proposed amendment. I doubt anyone sees an issue in reducing the setback of the building in question (18248 &50 Justice Way) to 27 feet. I had planned to attend the meeting in person to voice our support, but a scheduling conflict on our end has arisen, requiring our support to be voiced in this manner. Respectfully, Robert M. & Elizabeth T. Angus 18280 Justice Way City of Lakeville Planning Department Lakeville Memorandum To: Planning Commission From: 7�Frank Dempsey, AICP, Associate Planner Date: February 1, 2013 Subject:. Packet Material for the February 7, 2013 Planning Commission Meeting Agenda Item: Bellante Planned Unit Development Amendment Application Action Deadline: March 15, 2013 BACKGROUND William Feldman, representing the Bellante townhome development has submitted an application for a Planned Unit Development (PUD) Amendment to allow a reduced setback for a two unit townhome building proposed for construction at 18248 and 18250 Justice Way. Bellante is an 86 unit townhome development located north of 185th Street (CSAH 60) and east of Judicial Road. The proposed reduced building setback to the private drive is a result of the developer's placement of a public sanitary sewer line near the proposed building pads for Lots 15 and 16, Block 1, Bellante First Addition. The developer is requesting flexibility in the setback requirement only for this two -unit building within the Bellante PUD in order to obtain a minimum of five feet of separation between the existing sanitary sewer line and the proposed townhome building footing. EXHIBITS A. Aerial Photo B. Zoning Map C. Applicant's Narrative D. Applicant's Letter to Homeowners Association E. Certificate of Survey STAFF ANALYSIS The Bellante preliminary plat was approved in 2005 for 94 townhome unit lots. The property was rezoned to PUD, Planned Unit Development to allow flexibility in the number of townhome units with access off private drives. Subsequent re -plats resulted reduction of the number of units within the development in 2006 (3 units), 2007 (2 units) and 2012 (3 units) for an overall full development total of 86 units. The existing public sanitary sewer line was constructed closer to the rear (east) unit lot line of Lot 16 than was identified on the approved construction plans. Staff and the developer investigated options that would have made the PUD amendment unnecessary including reducing the depth of the townhome building, constructing the building on Lot 16 with a cantilever design to place the foundation further from the sanitary sewer line and, relocating the sanitary sewer line to the east. Mr. Feldman's engineer prepared an analysis of these options (see Exhibit Q. Setbacks. The two -unit townhouse building will be constructed entirely within the unit lots. The front (garage) portions of the townhome units constructed on Lots 15 and 16 will be setback 27.16 feet and 27.0 feet respectively from the back of the curb at the private drive (see Exhibit Q. A 30 foot building setback is required by the Zoning Ordinance. Access. Access to the garage for the townhouse on Lot 16 will be as originally planned with a driveway onto Justice Way. The driveway for the townhouse on Lot 15 will be from the private drive as shown on the survey. On -Site Parking. The proposed amendment will not reduce the amount of available driveway parking nor will it result in vehicles encroaching into the private drive. HOA Notification. Mr. Feldman sent all members of the Bellante homeowners association (HOA) a letter (see Exhibit D) informing them of this PUD amendment application and including his engineer's analysis of options. Engineering Division Review. The Public Works Department - Engineering Division has reviewed the application and the plans for the proposed new townhome building. The Engineering Division supports the planned unit development amendment and the minimum five foot separation of the building foundation to the public sanitary sewer. Findings of Fact. A Planned Unit Development Amendment requires the approval of fndings of fact in consideration of the proposed amendment. Draft findings of fact are attached for your review. 2 RECOMMENDATION The proposed amendment is consistent with the Bellante Planned Unit Development. Staff recommends approval of the Planned Unit Development Amendment subject to the following stipulation: 1. The townhome building to be constructed on Lots 15 and 16, Block 1, Bel lante, shall be constructed in the location shown on the Certificate of Survey prepared by Rehder and Associates, revised January 10, 2013. cc: Zach Johnson, City Engineer 3 Dakota County, MN legal document and should not be substituted for a tide search,appraisal, survey, or for zoning 1 inch = 211 feet verification. Dakota County assumes no legal responsibility for the information contained In this data. 1/10/2013 EXHIBIT A Disclaimer. Map and parcel data are believed to be accurate, but accuracy Is not guaranteed. This Is not a Map Scale RM -1 /C /q<W P y N E q Bella P /OS 185TH ST W RS -1 Brackett's Crossing Golf Club EXHIBfTI � Rehder & Associates, Inca Civil Engineers, Planners & Land Surveyors January 10, 2013 PUD AMENDMENT NARRATIVE Lots 15 & 16, Block 1, Bellante First Addition Lakeville, Minnesota Summary The first addition of Bellante was platted in 2005 as part of an approved PUD. One of the stipulations of that PUD was that the units that fronted private drives would have front setbacks of 30 -feet from the back of curb as required by the Zoning Ordinance. This setback was established to maintain adequate off - street parking for each unit. While preparing a building permit survey for Lots 15 & 16, Block 1, Bellante 1 St Addition for the construction of a new attached townhome, it was discovered that the sanitary sewer manhole (MH 103) in Justice Way, adjacent to the lots in question had been installed approximately 5- feet farther to the west than shown on the plan. As a result, the sanitary sewer line running behind Lots 15 & 16 was now approximately 5 -feet closer to the back edge of the lots than had been originally planned. This means that three footings (holding up an above grade sunroom and deck) proposed for the back of the unit on Lot 16 would be approximately 1.5 -feet from the buried pipe, which would be too close for access for any future maintenance. At this point, at the developer's direction, Rehder & Assoicates contacted the City of Lakeville's Public Works Department to apprise them of the situation and pursue possible solutions. Possible Solutions Starting with a meeting at the City and further inner -office discussions and conference calls, the following possible solutions were considered: 1) Hold the front setback at 30 -feet, but reduce the total depth of the unit to provide the necessary separation between the footing and the pipe 2) Realign the portion of the sanitary sewer line located directly behind the two lots to the east by installing two or more manholes and relaying the pipe as necessary to provide the necessary separation between the footing and the pipe EXHIBIT C 3440 Federal Drive, Suite 110 • Eagan, Minnesota 55122 • 651 -452 -5051 • Fax: 651 - 452 -9797 • Email: info @rehder.com 3) Relocate the three footings behind the Lot 16 unit by cantilevering the sunroom and deck approximately 3- to 4 -feet to provide the necessary separation between the footing and the pipe of 4.5 -feet 4) Apply for a PUD amendment through the city process to reduce the 30 -foot setback of the townhome building from the back of curb and slide the entire unit to the west to provide the necessary separation between the footing and the pipe In consultation with the developer and builder, option 1) was eliminated because the future homeowner of Lot 16 was not willing to reduce the depth (square footage) of his proposed townhouse to accommodate the necessary separation. Option 2) was rejected by the City's public works staff because it would have included installation of additional manholes and, likely, higher future maintenance costs. Option 3) was thoroughly reviewed by the builder and future homeowner of Lot 16 and was ultimately rejected because the aesthetics of the cantilever were not good and the cantilever was not in keeping with all of the other units in the development. That left option 4) as the only remaining solution, which we are pursuing with this request. Selected Solution To provide the necessary separation between the footings and the pipe, it will be necessary to encroach into the PUD stipulated setback by just under 3.0 -feet at each garage corner. The driveway for Lot 16 connects directly south to Justice Way and therefore is not affected by sliding the unit to the west. The driveway for Lot 15 does connect to the private drive and, because of the geometrics of the drive and the garage, still provides 28- to 29 -feet between the back of curb and the face of the garage. eh' er - & ASSoCZa s,, T ZC. Civil Engineers, Planners &Land Surveyors 3440 Federal Drive, Suite 110 • Eagan, Minnesota 55122 • 651 -452 -5051 • Fax: 651 -452 -9797 • Email: info @rehder.com WestStar Properties, Inc. 20265 Vernon Ave. Prior Lake, MN 55372 To: Bellante Townhomes Association Members From: Bill Feldman, WestStar Properties Inc. (developer of Bellante) Date: January 18, 2013 Subject: Planned Unit Development (PUD) Amendment To resolve a problem related to the layout of one of Bellante's new twin homes I am proposing an amendment to the city PUD agreement that governs the overall layout of the development. The amendment would reduce the front setback for one twin home building (18248 -50 Justice Way) from thirty feet to just under twenty -seven feet. The amendment will apply to the building located at 1248 -50 Justice Way only. The change is needed to allow adequate clearance for a previously installed sanitary sewer line located behind the subject twin home building that was installed in the wrong position. City staff and I considered four options to resolving this issue and determined the setback amendment was the best choice. One of the homes in question has already been sold, and the wishes of the future owner were considered. City process requires a public meeting be held to allow citizens the opportunity to comment on the proposed amendment. The city will mail meeting notices to owners of property located within 500 feet of 18248 -50 Justice Way sometime next week. In the mean time, the city suggested I notify residents of the proposed amendment. Please review the enclosed information. If you have any questions or concerns I invite you to contact me at 612 - 961 -1294. 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C- ♦-.- V C C cC 0 ta (D • O CITY OF LAKEVILLE DAKOTA COUNTY, MINNESOTA FINDINGS OF FACT BELLANTE PLANNED UNIT DEVELOPMENT AMENDMENT On February 7, 2012 the Lakeville Planning Commission met at it's regularly scheduled meeting to consider the request of William Feldman for an amendment to the Bellante Planned Unit Development (PUD) to allow a reduced building setback to a private drive for a two unit residential building at 18248 and 18250 Justice Way. The Planning Commission conducted a public hearing on the proposed planned unit development amendment preceded by published and mailed notice. The applicant was present and the Planning Commission heard testimony from all interested persons wishing to speak. FINDINGS OF FACT 1. The property is currently zoned PUD, Planned Unit Development District. 2. The property is located in Planning District No. 1 and is classified as medium density residential in the 2008 Comprehensive Land Use Plan. 3. The legal description of the property is: Lots 15 and 16, Block 1, Bellante 4. Section 11- 96 -17C of the Zoning Ordinance requires that a planned unit development amendment be processed according to the requirements of Chapter 3 of the Zoning Ordinance which provides that an amendment may not be approved unless certain criteria are satisfied. The criteria and our findings regarding them are: a) The proposed action has been considered in relation to the specific policies and provisions of and has been found to be consistent with the Official City Comprehensive Plan. The planned unit development amendment will be consistent with the Comprehensive Plan. b) The proposed use is or will be compatible with future land uses of the area. The proposed reduced setback will be compatible with the Bellante residential development and will not have an adverse effect on the overall planned unit development. c) The proposed use conforms with all performance standards contained in this Code. The proposed two unit residential building will comply with all performance standards within the Zoning Ordinance other than the reduced setback to the private drive. d) The proposed use can be accommodated with existing public services and will not overburden the City's service capacity. The proposed two -unit residential building will have access to city sewer and water and will not overburden the City's service capacity. e) Traffic generation by the proposed use is within capabilities of streets serving the property. Traffic generation in the Bellante development will not be impacted. The proposed planned unit development amendment will allow adequate vehicle parking on the townhome building driveway and will not impact the public streets or private drive. 5. The planning report dated February 1, 2013 prepared by Associate Planner Frank Dempsey is incorporated herein. 2