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HomeMy WebLinkAbout5.D.1. Dean Lakes Planned Unit Development (PUD) Amendment fir O. I , CITY OF SHAKOPEE Memorandum TO: Mayor and City Council CO SENT Mark McNeill, City Administrator FROM: Julie Klima, Planner II RE: Dean Lakes PUD Amendment DATE: July 5, 2011 CASELOG NO: 10 -028 REVIEW PERIOD: October 14, 2010 to July 11, 2011 DISCUSSION On June 21, 2011, the City Council voted to approve Resolution No. 7106, A Resolution Approving a PUD Amendment for Dean Lakes PUD. In addition to approving Resolution No. 7106, the City Council directed Kennedy and Graven to prepare an addendum to the PUD Agreement. Please find attached a copy of the draft PUD Agreement Amendment. Also attached for the Council's reference is a signed copy of Resolution No. 7106. This item is on the agenda because Council's direction on June 21 ordered the preparation of the amendment but not the execution of it. This action is related to City Goal F - Housekeeping. The action will implement direction given by the City Council consistent with the approval of the PUD Amendment Resolution. ALTERNATIVES 1. Direct the appropriate City officials to execute the Amendment to the PUD Agreement for Dean Lakes Project. 2. Direct the appropriate City officials not to execute the Amendment to the PUD Agreement for Dean Lakes Project. 3. Table action on this item and request that the applicant provide an extension to the review period. ACTION REQUESTED Offer a motion to direct the appropriate City officials to execute the Amendment to the PUD Agreement for Dean Lakes Project, and move its adoption. 1 , di, Julie ' im. Planner II h: \cc\2011 \07 -05 \dean lakes pud agreement amendment 10028.docx CITY OF SHAKOPEE AMENDMENT TO PLANNED UNIT DEVELOPMENT AGREEMENT FOR DEAN LAKES PROJECT THIS PLANNED UNIT DEVELOPMENT AGREEMENT AMENDMENT ( "Amendment ") is made and entered into and effective as of June 21, 2011 by and between the City of Shakopee, a Minnesota municipal corporation ( "City ") and Ryan Companies US, Inc., a Minnesota corporation ( "Developer "). RECITALS A. The City and the Developer previously entered into a Planned Unit Development Agreement ( "Development Agreement ") dated December 26, 2003 for the Deans Lake Project. B. Pursuant to Section 2.2 of the Development Agreement, the Developer agreed to use the property only for those purposes authorized in the Development Agreement. C. The Developer has requested to use a portion of the Project area for agricultural purposes, which is a use that is not currently allowed by the PUD controls or by the Development Agreement. D. By Resolution No. 7106, the City Council approved the Developer's request. In consideration of and in reliance upon the representations, warranties and covenants of the parties, the City and the Developer agree as follows: 1. Notwithstanding any other provision in the Development Agreement, the Developer shall be allowed to use the following portion of the Project for the planting and harvesting of agricultural crops limited to the planting of rye grass (for the first season only) and alfalfa: Lots 1 -5, Block 5 and Lots 1 -7, Block 2, Deans Lakes 5 Addition Tract C, Registered Land Survey No. 199 ( "Property ") 2. The use of the Property for agricultural purposes must comply fully with all of the conditions and requirements in Resolution No. 7106, a copy of which is attached to this Agreement as Exhibit A. 3. Nothing in this Amendment is intended to modify any other provision in the Development Agreement with respect to the Property or any other portion of the Project. CITY OF SHAKOPEE RYAN COMPANIES US, INC. By: By: Mayor President By: City Administrator By: City Clerk 2 RESOLUTION NO. 7106 A RESOLUTION OF THE CITY OF SHAKOPEE, MINNESOTA, APPROVING AN AMENDMENT TO THE PLANNED UNIT DEVELOPMENT FOR DEAN LAKES ALLOWING AGRICULTURAL USES WHEREAS, Ryan Companies, applicant and property owner, has made application for an amendment to the Planned Unit Development for Dean Lakes; and WHEREAS, the property upon which the request is being made is legally described as follows: Lots 1 -5, Block 1 and Lots 1 -7, Block 2, Dean Lakes 5th Addition and Tract C, Registered Land Survey No. 199; and WHEREAS, on December 9, 2003, the City Council of the City of Shakopee did approve Resolution No. 5986, approving the Planned Unit Development District No. 24, Dean Lakes; and WHEREAS, the Planning Commission of the City of Shakopee did review the amendment to the Planned Unit Development on May 5, 2011 and June 9, 2011; and WHEREAS, all required public notices regarding the public hearing for the Planned Unit Development Amendment were duly sent and posted and all persons appearing at the hearing have been given an opportunity to be heard thereon; and WHEREAS, the City Council of the City of Shakopee did review the amendment to the Planned Unit Development on June 21, 2011 and adopted the following findings: Criteria No. 1: Whether the proposed development is consistent in all respect with the comprehensive plan and with this section. Finding No.1: The use of property for traditional agricultural practices as an interim use is not the final development scenario for the subject site. The final development will be business park uses which are consistent with the Comprehensive Plan. Criteria No. 2: Whether the proposed development, including deviations from design standards of the underlying zones, is compatible with surrounding land uses. Finding No. 2: The use of the property for traditional agricultural practices as an interim use does not impact the final development of business park uses being compatible with the surrounding land uses. Criteria No. 3: Whether the proposed development, including deviations from development standards of the underlying zone, provides adequate open space, circulation, parking, recreation, screening, and landscaping. Finding No. 3: Providing adequate open space, circulation, parking, recreation, screening and landscaping will be accomplished upon ultimate development of the business park. The temporary use of agricultural practices does not negate these provisions. Criteria No. 4: Whether the primary function of the PUD is to encourage development which will preserve and enhance the worthwhile, natural terrain characteristics and not force intense development to utilize all portions of a given site in order to arrive at the maximum density allowed. In evaluating each individual proposal, the recognition of this objective will be a basic consideration in granting approval or denial. Finding No. 4: The primary function of this area of the Dean Lakes PUD is to provide business park development while being sensitive to the conservation nature of the area. This function is accomplished through the original approvals currently in place. The temporary use of agricultural practices will not alter the ultimate development functions of the PUD. Criteria No. 5: Whether there exists an overall compatibility of land uses and overall appearance and compatibility of individual buildings to other site elements or to surrounding development. However, the architectural style of buildings shall not solely be a basis for denial or approval of a plan. Finding No. 5: The ultimate development of the PUD will provide for overall compatibility of land uses, buildings, and other site elements to the surrounding development. Criteria No. 6: Whether the proposed PUD plan would afford a greater general public benefit than would be realized under the underlying zoning district and /or general zoning provisions. Finding No. 6: The PUD plan approved in 2003 will provide a greater general public benefit. The interim agricultural use will not have a long term impact on general public benefit. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, AS FOLLOWS: That the Planned Unit Development for Dean Lakes is hereby amended to allow: 1. The planting and harvesting of agricultural crops shall be limited to the planting of rye grass (for the first season only) and alfalfa. 2. Agricultural uses shall only be permitted on Lots 1 -5, Block 1 and Lots 1 -7, Block 2, Dean Lakes 5 Addition and Tract C, Registered Land Survey No. 199. 3. The agricultural use shall be permitted for 7 years from the date of approval of the PUD Amendment allowing such use. 4. The applicant shall provide a written report on an annual basis to City staff verifying compliance with the conditions of approval. This report shall be submitted by August 1 of each year. If the information is not provided in a timely or adequate manner as determined by the City under these conditions, the City of Shakopee reserves the right to conduct a review of the Dean Lakes PUD. 5. All equipment utilized for agricultural operations shall be hauled to the site via trailers. 6. All agricultural operations shall occur only between the hours of 7:00 am to 10:00 pm on any weekday or between the hours of 9:00 am and 9:00 pm on any weekend or holiday. 7. As these properties are not in an agricultural preservation zone and they will be moving more than fifty (50) cubic yards, they are not exempt from the City's grading permit requirements. Therefore, the applicant needs to apply for and obtain a grading permit before beginning operations. 8. The grading permit will be valid for one (1) year from the date of approval. Once the permit expires, the applicant will need to apply for a new permit. 9. The City reserves the right to attach supplemental conditions to the grading permit(s). 10. The applicant will need to obtain a NPDES storm water permit for construction activity or provide proof from the MPCA that one is not required. 11. The applicant will need to provide a minimum of a one (1) foot earthen berm immediately surrounding the area to be planted/harvested. Additional height may be required adjacent to the conservation areas and storm water infiltration basins as determined by the City. All berms will have turf established on them. 12. The applicant will need to provide a minimum of thirty -five (35) feet of vegetated buffer between the area to be planted/harvested and the easternmost property line of lot 6, block 2 of the Dean Lakes 5 Addition. 13. The applicant will need to provide a minimum of fifteen (15) feet of vegetated buffer between the area to be planted/harvested and all other exterior property lines. 14. The applicant will be required to leave all easements containing public utilities undisturbed as these are access points for maintenance personnel. 15. The applicant will be required to protect all storm sewer extensions to the properties to be planted /harvested with measures deemed adequate by the City Engineer. The minimum requirements for all structures will be to receive a solid cover with a water -tight seal and fifteen (15) feet of vegetated buffer and a one (1) foot earthen berm surrounding them. 16. No storage of equipment will be allowed on site. 17. No storage of fertilizers, pesticides or other chemicals will be allowed on site. 18. The applicant will provide a detailed list of all fertilizers, pesticides and other chemicals to be used (and their application rates) in the areas to be planted/harvested prior to their usage. The City reserves the right to deny their use or restrict their application rates. 19. The applicant will contact the City forty -eight (48) hours in advance of the proposed use of all fertilizers, pesticides and other chemicals. 20. The City reserves the right to require soil sampling /testing throughout the year to verify the chemical composition of the soils being planted/harvested. The applicant will be responsible for all costs associated with the sampling /testing. 21. The City reserves the right to require water sampling of adjacent wetlands and storm water basins throughout the year to verify the chemical composition. The applicant will be responsible for all costs associated with the sampling /testing. 22. Section IV.B.12 of the City's Comprehensive Water Resources Management Plan states the City will discourage the use of fertilizers and pesticides in shoreland protection zones to minimize pollutant runoff to public waters. On properties north of Dean Lakes Boulevard, organic fertilizers shall be allowed for year 1 only. During year 1, no pesticides shall be allowed in this location. After that, no fertilizers or pesticides are to be used on the properties north of Dean Lakes Boulevard. 23. All erosion and sediment control measures will be furnished and installed by the applicant and accepted by the City prior to any land disturbing activity. 24. All erosion and sediment control measures will be routinely inspected by the applicant and replaced/upgraded as necessary, or as directed by the City. 25. Erosion and sediment control will be the responsibility of the applicant throughout the life of the grading permit. 26. Adjacent streets, sidewalks and trails will be kept free of any offsite sediment tracking. The applicant will be responsible for street sweeping. 27. The applicant will maintain dust control operations on site throughout the life of the grading permit. 28. Additional erosion and sediment control measures may be required by the City should they deem the current measures insufficient. 29. As there is no curb cut for equipment access to the properties north of Dean Lakes Boulevard, the applicant will need to provide an alternative access plan that eliminates blockages of the sidewalk. 30. One access point will be allowed to each of the general areas to be planted/harvested. In other words, a total of two (2) access points will be allowed for this use. 31. The applicant will be required to provide and maintain vegetation within the right - of -way consistent with section 7.04, subdivision 2 of the City Code. 32. The applicant will provide a security with the grading permit application, in the type and amount specified by the City Engineer, to ensure all work is being done per the requirements set forth and to repair any damage that may be caused by the planting/harvesting activities. 33. Planting and harvesting activities are limited to the properties outlined in the PUD amendment application. 34. Approval of the PUD amendment does not constitute approval of the submitted drawings. 35. The City reserves the right to suspend or revoke the planting/harvesting activity if they determine it is negatively impacting the soils, wetlands, storm water basins and/or nearby residents/businesses. Adopted in t. r , 19 .g session of the City Council of the City of Shakopee, Minnesota, held on the J day of+ } , 2011. 1. :, M or of t $ ° City of Shakopee ATTEST: hAJA/*" 10 Ji}`dit'h S. Cox, City Cler / PREPARED BY: ✓ City of Shakopee 129 Holmes Street South Shakopee, MN 55379