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HomeMy WebLinkAboutItem 07October 28, 2010 Item No. NOVEMBER 1, 2010 CITY COUNCIL MEETING SPIRIT OF BRANDTJEN FARM PUD AMENDMENT Proposed Action Staff recommends adoption of the following motion: Move to approve the Third Amendment to the Spirit of Brandtjen Farm Master Planned Unit Development Stage Plan Agreement and adopt the findings of fact as presented. Adoption of this motion will increase the entitlement for commercial land uses in the SBF PUD from 100,000 square feet to 300,000 square feet to include the opportunity for "big box" commercial retail users consistent with the anticipated commercial development and the practical market potential for the mixed use area in the northwest corner of the SBF PUD. Overview On June 20, 2005, the City Council approved the Spirit of Brandtjen Farm (SBF) preliminary plat and development stage planned unit development (PUD). The PUD Ordinance approved with the preliminary plat/development stage PUD references the Spirit of Brandtjen Farm Planned Unit Development Plan Booklet which includes the SBF Master Land Use Plan and examples of concept site plans for various types of residential and commercial developments. This PUD amendment modifies the type of commercial development that may occur in the northwest corner of the SBF PUD adjacent to the intersection of 160 Street (CSAH 46) and Pilot Knob Road (CSAH 31) to include the opportunity for "big box" commercial retail users. This is aceived by increasing the entitlement for commercial land uses from 100,000 square feet to 300,000 square feet on the SBF PUD Master Land Use Plan (page 3.4 of the SBF PUD Booklet) and by adding a "big box" concept site plan example to the mixed use area in the northwest corner of the SBF PUD (proposed page 7.18a of the SBF PUD Booklet). The Planning Commission held a public hearing on the SBF commercial PUD amendment at their October 21, 2010 meeting. There was public comment from one SBF resident. On a 5 -1 vote, the Planning Commission recommended approval of the SBF PUD amendment as presented. Planning Department staff also recommends approval. Primary Issues to Consider Does this PUD amendment automatically allow "big box" commercial retail users in the mixed use area in the northwest corner of the SBF PUD? Supporting Information • Third Amendment to the SBF Master Planned Unit Development Stage Plan Agreement • Findings of Fact • October 21, 2010 draft Planning Commission Meeting Minutes October 15, 2010 Planning Report Daryl orey, P ning Director Financial Impact: $ None Budgeted: Y/N Source: Related Documents (CIP, ERP, etc.): Spirit of Brandtien Farm PUD Development Plan Booklet Notes: Staff Analysis of Issues • The PUD amendment includes larger scale, single user big box retail buildings in the northwest corner of the SBF PUD which the developer believes expands their opportunities to market this portion of the project to commercial users interested in this location. Approval of this PUD amendment does not convey approval for any specific type of commercial development. Under the SBF PUD District, the developer is required to bring forward applications for a PUD Development Stage Plan and preliminary plat for each specific phase of development to be considered by the Planning Commission and City Council. This approval process ensures the detailed level of review necessary to evaluate whether specific users are consistent with both the intent and the requirements of the SBF PUD District. 2 SECOND AMENDMENT TO MASTER PLANNED UNIT DEVELOPMENT STAGE PLAN AGREEMENT FOR SPIRIT OF BRANDTJEN FARM AGREEMENT dated , 2010, by and between the CITY OF LAKEVILLE, a Minnesota municipal corporation ( "City "), and SBF DEVELOPMENT CORP., a Minnesota corporation (the "Developer "). 1. EXISTING AGREEMENT. The parties have previously entered into a Master Planned Unit Development Stage Plan Agreement for SPIRIT OF BRANDTJEN FARM dated and approved by the Lakeville City Council on October 17, 2005 (the "PUD Agreement "). The parties amended the PUD Agreement by that certain First Amendment to Master Planned Unit Development Stage Plan Agreement for SPIRIT OF BRANDTJEN FARM dated and approved by the Lakeville City Council on January 17, 2006 (the "First Amendment "). The PUD Agreement and the First Amendment which are incorporated herein by this reference shall remain in full force and effect except as specifically modified by this Second Amendment. 2. DEVELOPMENT STAGE PLAN. The Spirit of Brandtjen Farm Planned Unit Development Plan booklet dated June 20, 2005 ( "Plan ") adopted under Paragraph 2 of the PUD Agreement is hereby amended by replacing Page 3.4 (Master Land Use Plan) with the page attached hereto as Exhibit "A ". The Plan is further amended by adding new page 7.18a (Mixed Use Land Use Patterns, Concept Site Plan Example: "Big Box ") attached hereto as Exhibit "B ". 154610v01 SRN:10 /27/2010 1 LKVL:Spirit of Brandtjen Farm (SEAL) STATE OF MINNESOTA ) ( ss. COUNTY OF DAKOTA ) 154610v01 SRN:10 /27/2010 CITY OF LAKEVILLE BY: AND Holly Dahl, Mayor Charlene Friedges, City Clerk The foregoing instrument was acknowledged before me this day of , 2010, by Holly Dahl and by Charlene Friedges, the Mayor and City Clerk of the City of Lakeville, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted by its City Council. NOTARY PUBLIC 2 LKVL:Spirit of Brandtjen Farm SBF Development Corp., a Minnesota corporation, on its behalf. DRAFTED BY: CAMPBELL, KNUTSON Professional Association 317 Eagandale Office Center 1380 Corporate Center Curve Eagan, MN 55121 Telephone: (651) 452 -5000 SRN 154610v01 SRN:10 /27/2010 eve BLUE �. Sian. 31 2013 DEVELOPER: SBF DEVELOPM Its BY: 3 STATE OF MINNESOTA ) ( ss. COUNTY OF DAKOTA ) The foregoing instrument was acknowledged before me this ilk' day of OC }Obtr 2010, by T Jacob iix k the ?re:.iaeith of LKVL:Spirit of Brandtjen Farm cn t s � n w fl J S 0 OO W �. n n o 0 0 0 O G 0 m 0 frl 0) 0 8 0 1 to 0 co R- V v 3 (11 0 O""? D p D O v - 0 < Op O m D n o O O 0 'Irzz-mom H,, rD 9- r p C F., m 3 m (0 fl _ p • o rD n v, fD ro 8 V N (../1 U1 N (n n W W Jr..) n nnn 1 0) 0 0 ro 7 7 z 0 D 0 v D D G m 0 O n n m 0 O O 0 0 (J1 0 m 0 O m 0 0 U r 0 H R":2 ,a . — n m i 0 t i 4 4 3 ( s ttI tt.t.,-44 0 4 0 0 j 0 8 > 0 1 • 1 • 1 Ro 0 4.1 cy-) cm .1 eD A. CD - 77 et) 7c; rm rD 15-p. S-( —1 4 CITY OF LAKEVILLE DAKOTA COUNTY, MINNESOTA SPIRIT OF BRANDTJEN FARM PLANNED UNIT DEVELOPMENT AMENDMENT FINDINGS OF FACT On October 21, 2010, the Lakeville Planning Commission met at its regularly scheduled meeting to consider the application of SBF Development Corp. for an amendment to the commercial portion of the Spirit of Brandtjen Farm Planned Unit Development approved by the City Council on June 20, 2005. The Planning Commission conducted a public hearing on the proposed amendment preceded by published and mailed notice. The applicants were 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 11 of the 2008 Comprehensive Plan Update. 3. The legal description of the property subject to the PUD amendment is: Outlots CC, DD and EE, Spirit of Brandtjen Farm 4. Section 11 -3 -3E of the Zoning Ordinance directs the Planning Commission to consider five (5) effects of the proposed amendment. The five (5) effects 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 proposed Spirit of Brandtjen Farm commercial PUD amendment is consistent with the commercial land use designation for the subject property in the 2008 Comprehensive Plan Update. b. The proposed use is or will be compatible with present and future land uses in the area. The proposed Spirit of Brandtjen Farm commercial PUD amendment is consistent with the commercial designation of the subject property in the Spirit of Brandtjen Farm land use plan. The commercial use of the subject property is compatible with the identified surrounding land uses in the Spirit of Brandtjen Farm PUD. c. The proposed use conforms with all performance standards contained within the Zoning Ordinance. The proposed Spirit of Brandtjen Farm commercial PUD amendment is subject to the base performance standards contained in the Zoning Ordinance with design criteria and key flexibilities allowed as part of the Spirit of Brandtjen Farm Planned Unit Development Plan, as amended. d. The proposed use can be accommodated with existing public services and will not overburden the City's service capacity. The proposed Spirit of Brandtjen Farm commercial PUD amendment can be accommodated with existing and planned public services and will not overburden the City's service capacity. e. Traffic generation by the proposed use is within the capabilities of streets serving the property. The proposed Spirit of Brandtjen Farm commercial PUD amendment can be accommodated by 160 Street (CSAH 46) and Pilot Knob Road (CSAH 31), both of which are as A -Minor Expander roadways in the City's Comprehensive Transportation Plan. Potential traffic impacts for specific users would be subject to review as part of the required PUD development stage plan and preliminary plat approval process. 5. The planning report dated October 15, 2010 and prepared by Daniel Licht of The Planning Company is incorporated herein. DATED: November 1, 2010 CITY OF LAKEVILLE BY: Holly Dahl, Mayor Charlene Friedges, City Clerk ITEM 7. SBF DEVELOPMENT CORP. 09.48 Motion was made and seconded to table the Nordling rezoning to a future Planning Commission meeting. Vice Chair Lillehei asked how much time there is left for staff to process this application? Mr. Morey indicated that the initial 60 day application deadline is November 29, 2010, but the City has the ability to extend the application an additional 60 days. Planning Commission Meeting October 21, 2010 Page 3 Chair Davis asked for a motion to table this agenda item at the request of staff to a future Planning Commission meeting. Ayes: Davis, Maguire, Grenz, Drotning, Glad, Lillehei. -Nays: 0 Chair Davis opened the public hearing to consider an amendment to the Spirit of Brandtjen Farm Planned Unit Development to modify the commercial development potential contained in the Spirit of Brandtjen Farm Planned Unit Development Plan booklet dated June 20, 2005. The Recording Secretary attested that the legal notice had been duly published in accordance with State Statutes and City Code. Jacob Fick from Tradition Development presented an overview of their request. Dan Licht from The Planning Company presented the planning report. Mr. Licht stated that Planning Department staff recommends approval of the proposed SBF Land Use Plan amendment and additional SBF PUD booklet guidelines, as presented. Chair Davis opened the hearing to the public for comment. John Fryklund, 16805 Asterbilt Lane Mr. Fryklund asked whether a hotel is still being considered for this location. Mr. Licht indicated that there are no specific users for this location yet, but a hotel or retail use is an allowed use. 10.49 Motion was made and seconded to close the public hearing at 6:19 p.m. Ayes: Maguire, Grenz, Drotning, Glad, Lillehei, Davis. Nays: 0 Chair Davis asked for comments from the Planning Commission. Discussion points were: DRAFT Planning Commission Meeting October 21, 2010 Page 4 • Mr. Fick indicated that a hotel would be a possible use in their commercial development goals for this portion of the SBF PUD. He stated that they have no specific users identified yet for this location, but with the approval of this PUD amendment it will be easier to market the commercial property. • Is there more than one association in SBF and have the associations been notified of this request? Mr. Fick indicated that there is a master association for the entire development and there are individual townhome and single family home associations. The commercial development would be part of the master association. Mr. Fick indicated that all associations have been notified of their request. • Access spacing from the two county roads (46 and 31) was discussed. Mr. Fick indicated that the access spacing would mirror the Cobblestone Lake development to the north across County Road 46. He also indicated that it is Tradition Development's intent to maintain the existing full access to County Road 31 at Dodd Boulevard (C.R. 9). • Commissioner Glad stated that he would like to see this development grow and be successful and he understands the good planning that has gone into the SBF PUD, but he has some concerns with the approval of this PUD amendment at this time, when there is not a specific commercial project to review in conjunction with the PUD amendment. He stated that he feels the PUD amendment is pretty dramatic and the impacts of the potential big box commercial development on the residents is unknown without a specific development plan to review. He would like to delay action on this PUD amendment until there are more specifics on the commercial development that could occur and until he knows that there has been adequate resident notification and understanding of the application. • Mr. Morey stated that state statute requires that property owners within 350 feet be notified of public hearings. The Lakeville Zoning Ordinance requires property owners within 500 feet be notified of public hearings. All residents of SBF and all property owners within 500 feet of the 550 acre SBF PUD were notified of the public hearing. Staff has addressed several questions from residents. The notice was also published in the local newspaper and on the City's website. Mr. Morey indicated that the nearest SBF resident is about 3 /4 of a mile away from the subject commercial property and there are several natural features that lie between the residents and the commercial property. • Mr. Licht reviewed the concept site plan examples contained within the Spirit of Brandtjen Farm Planned Unit Development Plan booklet. He stated the PUD amendment includes an additional type of commercial land use that could be developed in this portion of the SBF PUD under the guidelines of the PUD. He stated it is important for the developer to include the big box option in order to respond to the market demand. While the concept site plan (Exhibit E of the October 15, 2010 planning report) may lack detail, PFEM 8. YMCA CAMP STEEFLAND Planning Commission Meeting October 21, 2010 Page 5 specific development plans must meet the SBF PUD and Zoning Ordinance performance standards at the time of planning application submittal and residents will be able to provide input on the development plans at the public hearing for a specific commercial project. • Commissioner Drotning feels by approving this amendment, the City is providing a greater opportunity for commercial development within the SBF PUD. • Mr. Licht stated that because SBF is a PUD, through the development and final stage PUD review process, the City has the ability to decide if the proposed development is consistent with the PUD and also to influence the aesthetic aspects of the project as opposed to the review of typical C -3 District development plans. • Commissioner Glad reiterated his concern that this PUD amendment should be processed in conjunction with a specific development proposal. He stated that he wanted his concerns noted but that he does oppose a big box development at this location. • Commissioner Grenz stated that developers don't like uncertainty and a commercial developer would not necessarily prepare plans for a big box retail project if it was not currently allowed. • Mr. Fick stated that this PUD amendment would give them one more tool in their toolbox when marketing the property, which is very important to Tradition Development. He indicated that they do not feel a big box commercial development in this location will have a negative impact on the residential development in SBF and that they will incorporate appropriate buffers between the commercial and residential areas of the PUD. He stated they would be foolish to develop one portion of the SBF that would negatively affect their ability to develop another portion of SBF. 10.50 Motion was made and seconded to recommend to City Council approval of the amendment to the Spirit of Brandtjen Farm Planned Unit Development to modify the commercial development potential contained in the Spirit of Brandtjen Farm Planned Unit Development Plan booklet dated June 20, 2005, as presented. Ayes: Grenz, Drotning, Lillehei, Davis, Maguire. Nays: Glad. Commissioner Glad feels that there is a more appropriate time for this application. Chair Davis opened the public hearing to consider a Conditional Use Permit amendment to allow the construction of a detached accessory building on commercial recreational property, located at 16337 Klamath Trail. The Recording TPC MEMORANDUM TO: Daryl Morey FROM: Daniel Licht, AICP DATE: 15 October 2010 RE: Lakeville — SBF Mixed Use Area PUD District Amendment TPC FILE: 135.02 — 10.02 BACKGROUND SBF Development Corporation (aka Tradition Development) has submitted an application to amend the PUD District for Spirit of Brandtjen Farm (SBF) approved on 20 June 2005. The proposed amendment involves additional guidelines as to the type of commercial development that may occur at the northwest corner of SBF adjacent to the intersection of 160 Street (CSAH 46) and Pilot Knob Road (CSAH 31) to include opportunity for "big box" commercial retail users. Exhibits: A. Location Map B. Existing SBF Land Use Plan C. Proposed SBF Land Use Plan modification D. Existing SBF PUD Booklet Pages 7.17 — 7.19 (3 sheets) E. Proposed additional SBF PUD Booklet Mixed Use Concept Site Plan Example ANALYSIS 3601 Thurston Avenue N, Suite 100 Anoka, MN 55303 Phone: 763.231.5840 Facsimile: 763.427.0520 TPC @PlanningCo.com Item No. SBF PUD Booklet. SBF is zoned PUD, Planned Unit Development District with development standards adopted by Ordinance No. 787 on 20 June 2005 that are in addition to, modify or supersede the requirements of the Zoning Ordinance and Subdivision Ordinance. Adopted as part of the PUD District is the SBF PUD Booklet, which sets forth in detail the planning considerations, land use plan, development standards and guidelines that were developed as part of the two year initial approval process for SBF. The SBF PUD Booklet is in essence a Comprehensive Plan and Zoning Ordinance specific to the SBF area that provides guidance to the developer, Planning Commission and City Council, and public as to the anticipated character of development that is to occur in SBF over time. In that SBF will take many years to fully develop, it is necessary to adjust the understanding of the potential users to reflect current market conditions and trends, much like the City does when updating its Comprehensive Plan and Zoning Ordinance. Modifications have previously been approved for the residential elements of SBF and in the restoration of the Farmstead Preservation Area. With this current proposal to include additional SBF PUD Booklet guidelines, the developer is seeking to expand the range of potential users for the Mixed Use area in the northwest corner of the development to reflect feedback and interest they have received from possible users. Conceptual site plans for the Mixed Use area included as pages 7.17 to 7.19 of the SBF PUD Booklet illustrate development of multiple tenant retail buildings and medium box retail buildings. The proposed SBF Land Use Plan amendment and additional SBF PUD Booklet guidelines illustrate inclusion of larger scale, single user big box retail buildings in this area which the developer believes expands their opportunities to market this portion of the project to users interested in this location. Approval of the proposed SBF Land Use Plan amendment and additional SBF PUD Booklet guidelines does not convey approval for any specific type of development. Under the PUD District, the developer is required to bring forward application for a PUD Development Stage Plan and preliminary plat for each specific phase of development to be considered by the Planning Commission and City Council. This approval process ensures the detailed level of review necessary to evaluate that any specific users are consistent with both the intent and the requirements of the SBF PUD District. Comprehensive Plan. The 2009 Lakeville Comprehensive Land Use Plan designates the northwest 40 acres of SBF for Commercial uses. The land uses illustrated by the proposed SBF Land Use Plan amendment and additional SBF PUD Booklet guidelines would be consistent with the land uses designated by the Comprehensive Plan. MUSA. The area shown on the concept is within the current MUSA or MUSA Expansion Area "A" (not before 2010). Submission of an application for development of the portion within MUSA Expansion Area "A" would require action by the City to bring the parcel into the current MUSA. SBF Land Use Plan. The SBF Land Use Plan guides the approximately 40.75 acres in the northwest corner of the subject site for Mixed Use, which is to consist of office, commercial and retail uses. Based on visibility and accessibility to two major regional traffic corridors in 160 Street (CSAH 46) and Pilot Knob Road (CR 31), it has been understood that the Mixed Use area would likely be oriented primarily towards commercial retail uses, which is reflected by the Comprehensive Plan designation. With this amendment, the entitlement to commercial land uses would increase from 100,000 square feet to 300,000 square feet. The opportunity to develop the type of retail commercial uses as shown on the proposed SBF Land Use Plan amendment and 2 additional SBF PUD Booklet guidelines is consistent with the anticipated development in this area and also the practical market potential for this location. Zoning. The SBF PUD District allowed for O -R District and C -3 District uses within the Mixed Use area shown on the SBF land use plan. The land uses illustrated by the proposed SBF Land Use Plan amendment and SBF Land Use Plan amendment and additional SBF PUD Booklet guidelines would be allowed under the provisions of the C -3 District. Traffic Impacts. The SBF Land Use Plan was approved as being consistent with the City's adopted transportation plan. The proposed SBF Land Use Plan amendment and additional SBF PUD Booklet guidelines do not effect this conclusion in that the potential land uses are consistent with the current Comprehensive Plan and zoning designations of the area. Potential traffic impacts for specific users would be subject to review as part of the required PUD Development Stage Plan and Preliminary Plat approval process. Utility Capacity. As with transportation, the SBF Land Use Plan was approved as being consistent with the City's adopted Sanitary Sewer Plan, Water Plan and Stormwater Plans. These plans were updated in 2009 and include the SBF Land Use Plan as base information and the proposed SBF Land Use Plan amendment and additional SBF PUD Booklet guidelines do not directly cause increased demand for infrastructure capacity. Potential impacts to existing and planned infrastructure related to specific users would be subject to review as part of the required PUD Development Stage Plan and Preliminary Plat approval process. Environmental Review. The proposal to amend the PUD District to include additional square footage entitlements and guidelines as to the type of commercial development that may occur within this portion of SBF does not affect the conclusions of the environmental review process completed in 2003 as part of the initial SBF approvals. The northern half of SBF was exempt from that environmental review process in 2003 based on the past environmental review associated with the 1974 Nordic Square end use plan for the gravel mining area. The exemption from the Environmental Quality Board in their letter dated November 17, 2003 was based on the SBF Land Use Plan not being substantially changed from the Nordic Square Plan. An application to develop big box format retail uses under the proposed SBF PUD Booklet guidelines with up to 300,000 square feet would not trigger the need for additional environmental review under Minnesota Rules 4400.4300 Subp. 1 for an expansion of a previously reviewed project. The developer is to provide confirmation of this conclusion from EQB staff as part of any application for a PUD Development Stage Plan /Preliminary Plat. The developer has indicated that if additional environmental review were determined to be necessary, it could be addressed as part of a required update of the Cobblestone Lake Alternative Urban Areawide Review (AUAR). CONCLUSION The proposed amendment of the SBF PUD District to include additional guidelines for the Mixed Use area as part of the SBF PUD Booklet is part of the on -going evolution of the project over time as market conditions and trends change. The opportunity to develop big box format retail commercial users in this area of the project is consistent with the Comprehensive Plan and zoning for SBF, including the SBF specific PUD District requirements, and is likely a land use with the greatest attraction to this site. Potential impacts of any format of commercial development in this area remain subject to detailed analysis as part of required development approval processes. Our office recommends approval of the proposed SBF Land Use Plan amendment and additional SBF PUD Booklet Guidelines in the form attached hereto. c. 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