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HomeMy WebLinkAbout12-13-22.ANL66W^.� 1685 CROSSTOWN BOULEVARD N.W.. ANDOVER, MINNESOTA 55304 • (763) 755-5100 FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US Andover Planning and Zoning Commission Meeting Agenda December 13, 2022 Andover City Hall Council Chambers 7:00 p.m. 1. Call to Order 2. Pledge of Allegiance 3. Approval of Minutes — November 22, 2022 Regular Meeting 4. Public Hearing_ Consider a Conditional Use Permit (CUP) Amendment to amend the Petersen Farms Planned Unit Development to incorporate the third phase of the Petersen Farms development which will be known as Legacy at Petersen Farms. (Applicant — JD Andover Holdings) 5. Other Business 6. Adjournment Y 0 F O ` r E 1685 CROSSTOWN BOULEVARD N.W.. ANDOVER, MINNESOTA 55304 • (763) 755-5100 FAX (763) 755-8923 • WWW.ANDOVERMN.GOV TO: Planning and Zoning Commissioners FROM: Jake Griffiths, Associate Planner SUBJECT: Approval of Minutes DATE: December 13, 2022 ACTION REQUESTED The Planning and Zoning Commission is requested to approve the November 22, 2022 Planning & Zoning Commission meeting minutes. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 PLANNING AND ZONING COMMISSION REGULAR MEETING NOVEMBER 22, 2022 The Regular Bi -Monthly Meeting of the Andover Planning and Zoning Commission was called to order by Chairperson Karen Godfrey on November 22, 2022, 7:00 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota. Commissioners present: Mary VanderLaan, Nick Loehlein, Scott Hudson, Wes Volkenant, and Jonathan Shafto Commissioners absent: Bert Koehler IV Also present: City Planner Peter Hellegers Others PLEDGE OFALLEGIANCE APPROVAL OF MINUTES October 11, 2022 Regular Meeting City Planner Hellegers announced two changes to the minutes: • Page 2, Line 10 —strike "and" and replace with "or" • Page 2, Lines 11 & 12: Delete "The amended code would allow for any type of roofing material as long as it looks like shingles or tiles." Motion: Chairperson Godfrey assumed a motion to approve the October 11, 2022 Regular Meeting minutes as amended. Motion carries by unanimous consent. Regular Andover Planning and Zoning Commission Meeting Minutes — November 22, 2022 Page 2 1 PUBLIC HEARING: CONDITIONAL USE PERMIT — DRIVE THRU WINDOW — 2 PIN34-32-24-0154,2184 BUNKER LAKE BOULEVARD NW—ANDOVER STATION 3 2016, LLP (APPLICANT) 4 5 The Planning & Zoning Commission is requested to hold a public hearing and make a 6 recommendation to the City Council on a Condition Use Permit (CUP) for a drive thru 7 window for a proposed fast -casual restaurant. City Planner Hellegers identified the location 8 of the proposed restaurant. Mr. Hellegers stated the site plan is being reviewed by the 9 Andover Review Committee (ARC). He presented the landscape plan and staff 10 recommended additional screening to reduce headlight glare in the drive thru. 11 12 Mr. Hellegers noted the City received two comments from the public. One was regarding 13 headlight glare in the drive thru which staff has addressed. The other comment expressed 14 concern about traffic safety in the area. 15 16 Commissioner VanderLaan asked if the screening is inadequate in the drive thru, what can 17 affected residents do and who is responsible for handling it. Mr. Hellegers stated staff will 18 review the updated landscaping plan to ensure it adequately mitigates headlight glare. He 19 explained there is a one-year requirement for landscaping and if the landscape screening is 20 a condition of the Conditional Use Permit, then the property would need to maintain that 21 screening for a longer period of time. 22 23 Commissioner Volkenant asked where the access drive to the restaurant was. Mr. Hellegers 24 stated the access is the same as Festival Foods. Commissioner Volkenant stated that 25 intersection can get busy and asked if there would be any signage or traffic mitigation. Mr. 26 Hellegers stated it wasn't a concern to City staff during the review process. Commissioner 27 Volkenant stated the design could create a bottleneck at the Quinn Street entrance. Mr. 28 Hellegers stated he will revisit the design with the Engineering Department. 29 30 Motion: Chairperson Godfrey assumed a motion to open the Public Hearing at 7:20 p.m. 31 The motion carried by unanimous consent. 32 33 Don Jackson, 2182 137' Street, came forward and stated he lives directly across the street 34 from the proposal. He appreciated the mitigation of headlights through landscaping. Mr. 35 Jackson wanted to know how tall the trees would be, how well maintained will they be. He 36 currently gets light coming in from Andover Station. He asked for data about how long 37 people will be sitting in the drive thru waiting for their food. He is concerned about noise 38 mitigation. He gets noise from Bunker Lake Road that interferes with his usage of the back 39 yard. Mr. Jackson is concerned about the traffic on Quinn and the entrance to Andover Regular Andover Planning and Zoning Commission Meeting Minutes — November 22, 2022 Page 3 1 Station. He asked if the City would install a four-way stop. Mr. Jackson asked why the 2 City wouldn't consider a small business instead of a franchise. 3 4 Chris Moe, on behalf of the property group, came forward and stated they have an 5 investment in the community and purchased the land to control the use of it. Mr. Moe stated 6 he had conversations with City staff and understands the community wanted more 7 restaurants. Mr. Moe understands Mr. Jackson's concerns; however, it is a commercially 8 zoned property. He explained the drive thru is a pickup window, not an ordering lane. 9 10 Commissioner Shafto asked what people do when their order is not ready. Mr. Moe stated 11 there are numbered stalls where people can park, and Chipotle staff will bring it out when 12 it's ready. 13 14 Commissioner VanderLaan asked for a map showing the houses on the north side of 15 Bunker. Mr. Jackson stated his house is the house directly across from the drive thru. He 16 can see into his dining room from the property. He asked them to consider not having a 17 drive thru and using numbered spaces or in store pickup. 18 19 Commissioner Hudson asked if there was a possibility of flipping the building and having 20 the cars approach the drive thru from the south. Mr. Moe stated they would need approval 21 from Festival Foods. He indicated Festival did not want additional traffic going through 22 their parking area. 23 24 Mr. Hellegers read the comment received by email. Meredith Wiens, 1406 140th Avenue 25 NW, stated she has a traffic concern at Quinn and Andover Station. She asked for a four 26 way stop to help make the intersection safer. 27 28 Motion: Chairperson Godfrey assumed a motion to close the Public Hearing at 7:34 p.m. 29 The motion carried by unanimous consent. 30 31 Commissioner Loehlein stated he can support the Conditional Use Permit. He recognized 32 that there will be light shining on someone's home no matter which way the traffic goes. 33 He encouraged the applicant to come up with an aggressive screening effort. 34 35 Commissioner VanderLaan stated she has been impacted by a new development and 36 headlights shining into her house. She understands Mr. Jackson's concerns and she has 37 been working with the City and developer on a solution. Commissioner VanderLaan stated 38 this will be creating an uncomfortable situation for those residents. She stated she will vote 39 against this use and feels the City needs to be more sensitive towards residents. Regular Andover Planning and Zoning Commission Meeting Minutes —November 22, 2022 Page 4 1 2 Chairperson Godfrey asked staff to explain the process of when the landscaping plan will 3 be reviewed and approved by the City. Mr. Hellegers explained the site plan is the current 4 plan. The ARC recommended additional screening on the north end of the drive thru. He 5 stated the Commission could add a condition for additional screening and landscaping. 6 Staff are comfortable with the language in the draft resolution. Mr. Hellegers recommended 7 coniferous plantings at least 4 feet high to mitigate headlight glare. 8 9 Commissioner Shafto stated he can support the CUP, but the head light glare needs to be 10 taken seriously regardless of a drive thru and would like the entire north side to be 11 landscaped. 12 13 Chairperson Godfrey asked how the project impacts the trail. Mr. Hellegers stated the trail 14 will be straightened out and keep a 10 -foot separation between the trail and the curb. 15 Chairperson Godfrey asked if it would diminish the usability of the trail. Mr. Hellegers 16 stated there will be no negative effect on the trail. Chairperson Godfrey asked who pays 17 for the trail adjustment. Mr. Hellegers explained it is the responsibility of the developer. 18 19 Chairperson Godfrey stated the CUP will run with the property and if Chipotle sold the 20 building, it could go from a pickup window to a full-service drive thru. Mr. Hellegers 21 confirmed she was correct. Chairperson Godfrey stated screening is important on the north 22 end and the condition will remain with the property. 23 24 Commissioner VanderLaan asked if the language should be changed to pickup window 25 instead of drive thru window. Chairperson Godfrey stated the terminology in City Code 26 refers to this usage as a drive thru window. 27 28 Motion: by Loehlein, seconded by Hudson, to recommend approval of a Conditional Use 29 Permit Amendment for a drive thru window located at PID#: 34-32-24-21-0154 - 2184 30 Bunker Lake Boulevard - Andover Station 2016, LLP. Motion carries 4 ayes, 2 nays 31 (Shafto and VanderLaan), and 1 absent (Koehler). 32 33 OTHER BUSINESS 34 35 City Planner Hellegers updated the Commission on actions of the City Council. 36 37 Commissioner Volkenant asked Mr. Hellegers about the additional resolution in the 38 meeting packet. Mr. Hellegers stated the resolutions brought to the Commission are options 39 for the Commission to consider. He explained the packet included approval and denial Regular Andover Planning and Zoning Commission Meeting Minutes — November 22, 2022 Page 5 1 resolutions as well as a resolution clearing the record from the previous CUP. Chairperson 2 Godfrey stated the Commission recommends an action and the City Council would approve 3 or deny the Resolution. 4 5 ADJOURNMENT 6 7 Motion: Chairperson Godfrey assumed a motion to adjourn the meeting at 7:50 p.m. 8 Motion carried by unanimous consent. 9 10 11 Respectfully Submitted, 12 13 Shari Kunza, Recording Secretary 14 TimeSaver Off Site Secretarial, Inc. 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER. MINNESOTA 55304. (763) 755-5100 FAX (763) 755-8923 • WWW.ANDOVERMN.GOV TO: Planning and Zoning Commissioners FROM: Joe Janish, Community Development Director SUBJECT: PUBLIC HEARING: Consider a Conditional Use Permit (CUP) Amendment to amend the Petersen Farms Planned Unit Development to incorporate the third phase of the Petersen Farms development which will be known as Legacy at Petersen Farms. (Applicant — JD Andover Holdings) DATE: December 13, 2022 The Planning and Zoning Commission is asked to consider a Conditional Use Permit Amendment (CUPA)/Planned Unit Development (PUD) Amendment for the third phase of the Petersen Farms development known as "Legacy at Petersen Farms". This request will modify the original PUD and PUD Amendments that occurred on December 18, 2018 and August 25, 2020. As originally written, changes to the "Master Plan" and each preliminary plat require an amendment to the PUD. The attached drawings are to be reviewed as a "PUD Sketch" indicating how this and future phases would develop. The PUD is requested by Landform, on behalf of JD Andover Holdings, who has a purchase agreement for the property. The PUD narrative submitted by the developer is attached for your review. Visual Comparison of 2020 Master Plan and 2022 Master Plan: 2020 Master Plan 2022 Proposed Master Plan I The two red roadway segments are proposed to be removed, along with lot lines adjusting to accommodate the fewer roadway segments. Additional details between the two plans can be found throughout this report. As the draft resolution of approval is prepared, approval of the Preliminary Plat would be included within the PUD provided it is approved within 1 year and consistent with the PUD amendment. Tonight's request does not change "Phase 2" or "Phase 1" requirements. If the City Council denies the requested amendment the applicant will still maintain the approvals already received. DISCUSSION According to City Code 13-3 Planned Unit Development, the purpose of a PUD is to encourage more efficient allocation of density and intensity of land use where such arrangement is desirable and feasible by providing the means of greater creativity and flexibility in environmental design than provided under strict application of the standards set in code. Attached for your review is City Code 13-3. City Code 13-3-9 regulates the findings that are required for a PUD to be approved and 13-3-11 identifies desirable PUD design standards that are sought in any PUD proposal. As part of the attached PUD Narrative, the applicant addresses the design qualities they believe the city seeks when granting for a PUD proposal. City Code 13-3-9 states the following required findings for the Council to consider when approving a PUD (italicized responses are from the applicant's narrative): A. The proposed development is not in conflict with the goals of the Comprehensive Plan for the City. The proposed project is guided RR Rural Residential. This comprehensive plan land use is consistent with the surrounding land uses which are all RR Rural Residential. The proposed development will be consistent with the goals of the comprehensive plan. 2018 Comprehensive Plan Goals that may be relevant which are found in Chapter 1: Foundation of the Comprehensive Plan (see attachment for additional goals). Overarching Goals, Objectives and Policies Goal 1: Maintain and enhance the quality of life in Andover Land Use Goals, Objectives and Policies Goal 4: Allow residential growth while maintaining the quality of natural resources and amenities. Goal: Reduce maintenance and energy costs for public facilities and infrastructure. Housing Goals, Objectives and Policies Goal: Provide a variety of housing types to accommodate the life cycle needs of all residents. Transportation Goals, Objectives and Policies Goal: Minimize impacts of the transportation system on the natural environment. B. The proposed development is designed in such a manner as to forma desirable and unified environment within its own boundaries. We are proposing to create custom home sites to allow for flexibility for the buyer and a more attractive neighborhood in Andover. Each lot will be custom graded to allow for construction of the individual homes in a manner that meets the needs of the homeowner and allows them to design a site that works with the natural features of the lot. This approach will allow flexibility in the placement of single family homes on each lot while preserving the natural environment. The low - impact qualities of this development will lead to a desirable and unified environment. The current phase is consistent with both prior phases inform and approach to development. C. The proposed development demonstrates how each modified or waived requirement contributes to achieving the purpose of PUD. The requested flexibilities identified below contribute to achieving the purpose of a PUD, specifically: • Minimizing the lot size reduces disturbance of extensive wetlands and removal of wooded wetland areas will preserve natural features and allow for a pedestrian trail connection and dedication of open space within the development. Additionally, secondary impact risks to large established wetland complexes will be reduced. • Constructing a cul-de-sac greater than 500 feet in length allows for the site to utilize existing topography and avoid further wetland, and tree impacts, reduce earthwork disturbance, consistent with the low -impact design principles. • Allowing lots that are 100 feet in width where 160 feet is typically required on a cul- de-sac is to keep with the lot width approved as part of the first phase. The reduced lot width still allows for the minimum lot size and upland lot area to be achieved, meeting the intent for the development to arrange lots to preserve trees, minimize wetland impacts and preserve natural features. D. The PUD is of composition, and arrangement that its construction, marketing, and operation are feasible as a complete unit without dependence upon any subsequent unit. The PUD proposal includes our development plan that shows how the overall property and adjacent large lot residential properties could be developed, visualizing how future development could be planned for. Each phase of the development would contribute to the overall development but would be independent of the previous and future phases. • The City Council will need to determine if the developer's proposal satisfactorily meets these required findings. Shoreland Management A lake classified as unnamed recreational lake 87W, exists within the development area. The applicant has provided an 11 x17 map titled "PUD Development Plan — Shoreland Density." As part of the Shoreland Ordinance, the applicant is required to verify the proposed density by creating a tier system of 267 feet. Density is then compared to City Code within these tiers. The Shoreland Ordinance also allows for a density increase if a developer provides a larger setback (125 feet vs. 100 feet from the waterbody Ordinary High Water (OHW)) by placing vegetation around the recreational lake. The applicant has again proposed utilizing the Home Owners Association (HOA) to monitor the vegetation around the lake. The applicant provided the chart and map below showing Shoreland Overlay Density Data. This chart includes the acreage within each 267 -foot tier based on total acres, non -developable acres, base density (what is allowed without an increase), bonus density (what is allowed with the increase due to larger 10 setback and vegetation requirements) and finally the number of proposed lots by the developer within each tier. Tonight's proposal has a reduction of 3 lots within the shoreland overlay vs. the last reviewed PUD Master Plan. Tier 1 Total Area (Acres) 31.3 Unsuitable Area (Acres) 7.7 Suitable Area (Acres) 236 Base Density (slots) _ 9.4 Bonus Baas Deny (A Iota) Proposed Lots 14.1 9 2 31.6 10.3 21.3 B.5 17.0 - 12 _. 3 33.0 11.6 21.1 8.6 25.7 9 4 27.6 4.3 23.3 9.3 27.9 15 Total 1234 33.8 89.5 35.8 94.8 45 *Bonus Base Density. To Oualtir • Structure setbacks from the 0HWI must be at least 50% greater than Me minimum setback. or, • The impact on Me waterbady is reduced an equinlere amc nt through vegetative management topogrephy, a additional acceptable means, and Me set acit o at least 25% greater than the minimum setback. Due to the Shoreland Overlay District, additional responsibilities are required of the developer. These include a mandatory Home Owners Association (HOA) and City Code provides requirements of the HOA. Developer created these requirements as part of the existing HOA. The HOA will be extended to include this phase of development. Phase 3 only includes the open space with riparian rights. The lots that will be available for home construction in Phase 3 will not be riparian lots. However, homes within 1,000 feet will be restricted by shoreland requirements (i.e. building height restriction of 35 feet, and lot coverage restriction of 25 percent) 5 5 Residential Planned Unit Developments (PUDs) within a shoreland area requires a property owner association agreement (for residential PUDs) with mandatory membership, and addresses the following within City Code 13-4-9 F: 1. Maintenance and Design Criteria; To meet Section 13-4-9(F) of the city code requiring maintenance and administration, we have defined a district and incorporated restrictions for the shoreland overlay within a first amendment to the Homeowners Association (HOA) declaration recorded with the initial phase. These restrictions preserve the open space areas through; restricted uses in the shore impact zone areas and requiring approvals for alterations in those areas, permanent easements over wetlands, wetland buffers and foodplains, and dedication ofparkland to the city The HOA restriction will require approval by the HOA's Architectural Control Committee similar to the process set forth in Phase 1 governing the steep slopes and bluff areas. This has been effectively managed in Phase 1 as building permits are first required to be reviewed and approved by the HOA for compliance with this criteria prior to being submitted to the City accompanied by an HOA approval letter. The specific language governing these activities can be seen in the original Declaration and in Section 10 of the attached HOA Amendment document specifically addressing the Shoreland requirements of "Lake Lots ". 2. Open Space Requirements: Planned Unit Developments must contain open space; To meet Section 13-4-9(F) of the city code Open Space Requirements, and as an offset to the requested flexibility, the proposed layout dedicates nearly 50 acres of upland area comprising roughly half of the shoreland of this lake as dedicated open space. The net effect of this approach is a more effective allocation of the density to the east side, and a relatively similar impact to the lake in terms of units abutting the shoreland. The dedicated open space will ensure access between the southern portions of the project and Martin's Meadows Open Space ensuring access and enjoyment of the lake for the broader community. This open space includes thefollowing: Preservation of at least seventy percent (70%) of the shore impact zone area will remain in its existing natural state. An upland open space area that preserves at the western portion of unnamed lake #2-87W as shown on PUD Development Plan. This area is expected to contain passive uses and remain in its natural state with hiking/walking trails connecting neighborhoods north and south of this area. 3. Erosion Control And Storm Water Management; and To meet Section 13-4-9(F) of the city code Open Space Requirements Erosion Control and Storm Water Management, the proposed layout and engineering specifications call for Low Impact Designs, and natural stormwater management system consisting of natural treatment swales and infiltration basins. Erosion and sedimentation control will be managed through proven measures reviewed, approved, and inspected by City and Watershed agencies. 4. Centralization And Design Of Facilities. To meet Section 13-4-9(F) of city code Centralization and Design of Facilities, the layout calls for the use of individual wells and individual septic systems. Publicly owned water and sewer services are not available in this area, nor are they anticipated. The current design provides two areas of 5, 000 square feet for potential septic drain fields that have been reviewed, tested, and selected by a Minnesota Licensed Septic Professional. These locations were selected as they are the most suitable areas for standard systems. Individual systems will be the responsibility of the individual lot owners who shall be responsible for inspection, maintenance, and replacement of these systems. A centralized system is not available in this area and other communities have experienced issues resulting in a loss of responsibility by individual users to maintain centralized systems. The applicant has indicated the development will meet all other shoreland standards including: • 125 -foot setback from the recreational lake with additional vegetative management to ensure a lessened impact on the lake. • 25% max impervious coverage. • 25 -foot max building height. • 50% open space preservation within the Shoreland Overlay area. This is calculated on the exhibit labeled "shoreland Overlay Open Space" which shows that 51% of the area located within the shoreland overlay is "open space". This is a reduction of 1 % from past approvals but still meets the 50% requirement. Lot Standards Tonight's request continues to utilize the standards established within the original PUD. The PUD minimum lot size is 1.5 acres, minimum lot width of 100 feet. Overall gross density for the development remains below .40 units per acre. Lot Size/Gross Density Lot Width Lot Depth CITY CODE REQUIREMENTS 2.5 acres/0.4 units per acre 300 feet 150 feet SHORELAND REQUIREMENTS 2.5 acres/0.4 units per acre 300 feet 150 feet PUD REQUIREMENTS 1.5 acres/0.32 units per acre 100 +150 feet Each lot will meet the City Code minimum requirement of 8,600 square feet of buildable area. The standard R-1 requirement allows for 3,600 square feet for a home location and two areas totaling 5,000 square feet to allow for septic systems. The applicant originally proposed providing an additional 34,960 square feet of "usable" area that does not include bluffs and wetlands, making the PUD "usable" minimum 1 acre (43,560 square feet) vs. the standard 8,600 square feet. This "one acre" would be the area of the lot that does not include bluffs and wetlands. Phase 3 also has a challenge with floodplain as introduced in Phase 2 Meadows at Petersen Farms. The definition of "usable" as used in Phase 1 Preserve at Petersen Farms did not address floodplain. While 41 lots within Phase 2 Meadows at Petersen Farms met the "one acre" of `usable" space; when floodplain was introduced as a reduction, five lots fell below the "one acre" requirement. Phase 3 Legacy at Petersen Farms has 2 lots that fall below the "one acre" requirement. The developer obtained approval within Phase 2 to allow for lots under "one acre" due to flood plain and is seeking to have 2 lots less than one acre due to flood plain in Phase 3. As the narrative and the map below points out; using the 100 -year back-to-back event would reduce two lots of the 33 lots below the "one acre". Please keep in mind that these areas are still owned and maintained by the property owner, who can still utilize the areas for recreation. Phase 3 — Lots under "1 -acre" LOTS I15. &CLN LOi MFA CALCS URAlD Floodplain typically is defined as "lands having a 1 % chance of flooding" many refer to this as 100 -year storm event/flood. This particular development also experiences a "landlocked" basin. Due to the landlocked basin the floodplain elevation does include a "back-to-back 100 -yr event' (two 100 -year storms in a row). This increases the area impacted by the floodplain. The City of Andover also requires the floodplain (both events) to be encompassed by drainage and utility easements. The drainage and utility easements will create limitations on what individuals can do with the property, however provided no other restrictions, they can still maintain and use the property. Setbacks The applicant will continue with a front yard setback of 30 feet vs. 40 feet. Street Improvements The applicant will continue with the approved flexibility with street construction standards, which has been reviewed in the past by staff, Planning and Zoning Commission and City Council. uRu FRa+ �mre�ax� wuxo�RFATOMB TGM FVRTowErwo TOMWTo CAMS) MRES) ARFA (ACPEB� u+ or s.n +.+s sH 1 on 1 W +m LOTS I15. &CLN LOi MFA CALCS URAlD Floodplain typically is defined as "lands having a 1 % chance of flooding" many refer to this as 100 -year storm event/flood. This particular development also experiences a "landlocked" basin. Due to the landlocked basin the floodplain elevation does include a "back-to-back 100 -yr event' (two 100 -year storms in a row). This increases the area impacted by the floodplain. The City of Andover also requires the floodplain (both events) to be encompassed by drainage and utility easements. The drainage and utility easements will create limitations on what individuals can do with the property, however provided no other restrictions, they can still maintain and use the property. Setbacks The applicant will continue with a front yard setback of 30 feet vs. 40 feet. Street Improvements The applicant will continue with the approved flexibility with street construction standards, which has been reviewed in the past by staff, Planning and Zoning Commission and City Council. City Standard PUD Right of Way width 60 feet 50 feet / 60 feet Rural Street Pavement width 26 - 31 feet 27 feet Rural Street Pavement width including Curb 31 feet 30 feet (no ditches) County Road Intersections) All County Road Intersections will need to be reviewed by the Anoka County Highway Department. Discussions occurred regarding intersection improvements along 71 Avenue and access points as shown on the PUD Development Plan. Anoka County Highway Department is looking at potential improvements to 7' Avenue and potential funding sources. A. The 1701 Avenue NW access point would provide for tum lanes as noted in past reviews by Anoka County Highway Department; however Anoka County Highway Department will have to review the location and determine needed improvements at time of the access location being officially proposed. At this time the Future 170' Avenue NW cul de sac exceeds the 500 foot maximum cul de sac length. The fire department is requesting an emergency access be provided for this cul de sac due to the length. The applicant is asking that the cul de sac be permitted without an emergency access. B. This access point is for a possible roundabout access at County Road 7 and 165' Avenue. If this intersection improvement does not occur within a specified time then it is possible to have a right in and right out at the existing farm site access point (C) according to Anoka County Highway Department. Three exhibits (EX.1, EX.2 & EX.3) were submitted for alternative alignments for potential future connection of Oneida Street to a potential future roundabout at 7' Avenue. EX.1 meets the statutory 35 mph design, but cuts through an existing delineated wetland. EX.2 avoids the existing wetland, however only meets a 30 mph design. EX.3 also avoids the existing wetland and meets the 35 mph statutory speed limit. Staffs recommendation is to provide an alignment avoiding and/or minimizing wetland impacts and meeting the 35 mph statutory speed limit (EX.3), with the understanding that losing lots is not desirable. Staff can work through detailed design with the developer during the preliminary plat reviews on this subject with the caveat that some revisions to lot and/or plat boundary lines on the south end of Oneida Street may be required compared to what is identified in the PUD amendment. Lqr* 10 SII l l ♦••�� �I � �ti i 0 •• 1 1 _ �I/a■ 'It v Lqr* 10 I ♦ � ��\\� n 1 " ��I� W ■II -77 11 C. This is currently a driveway access to the farmsite. This will also serve as a temporary emergency access for a set time period, or could become a permanent right in right out access for the development if access point B does not occur within a set time period. While functioning as an emergency access a gate will be installed at the edge of the temporary cul de sac. D. This access point will be an emergency access to the permanent cul de sac. This emergency access point will have gates as approved by the Fire and Engineering Departments to restrict non- emergency vehicle access. 11 ■ ;tl I ♦ � ��\\� n 1 " ��I� W ■II -77 11 C. This is currently a driveway access to the farmsite. This will also serve as a temporary emergency access for a set time period, or could become a permanent right in right out access for the development if access point B does not occur within a set time period. While functioning as an emergency access a gate will be installed at the edge of the temporary cul de sac. D. This access point will be an emergency access to the permanent cul de sac. This emergency access point will have gates as approved by the Fire and Engineering Departments to restrict non- emergency vehicle access. 11 12 While not an improvement related to this particular development, but a county transportation system improvement, Anoka County Highway Department is working to obtain funding for a roundabout at 71 Avenue and 165' Avenue NW as identified above. At this time, Anoka County is waiting for formal approval by the Metropolitan Council. Once funding is approved, this improvement would be expected in 2026/2027. This will be an Anoka County Highway Department improvement. Northwest Cul De Sac As shown, this is a temporary cul de sac with a future connection continuing in the northerly direction. However, during review by city staff, the soils for the future connection have raised concern related to the 12 13 future connection being feasibly constructed. While market conditions determine what is financially feasible, staff has requested this cul de sac be designed to permanent standards (93 feet vs. 80 feet). If this connection is not able to be made it is still possible for the northwestern portion of the development to occur, but it would only involve a connection at 170" Avenue NW without a secondary access. Other Street Connections Additional Access to Phase 1. As a condition of the last amendment, a condition the following condition was included as part of approval: Developer shall address to the satisfaction of staff, a secondary access to the Phase 1 Preserve at Petersen Farms. The developer has attempted to pursue the acquisition of the property to the south of Phase 1, however has not been able to acquire the property at this time. Utilities Each of the lots will be served by individual septic systems and private wells vs. a centralized system. Individual systems require the property owner to maintain, repair and replace the system. Parks and Open Space During review of previous phases of development, the City Council directed that a 46 -acre lot near the lake on the site should be dedicated to the City for open space purposes containing a trail connection. The rationale was that the open space area would help to meet development review criteria and contribute to a higher quality, more efficient and unified development. The PUD Development Plan shows 31 acres of open space between this and future phases (approximately 11 acres in this phase, and 20 acres in future phases). During the October 20, 2022 Park & Recreation Commission meeting the Commission did not express concerns with a reduction of open space in making their recommendation of cash -in -lieu of land to the City Council. This change will be evaluated by the City Council as part of their review. ShaelandOveday Item Developmeld Gross Developable Area 1393 aures Net Developable Area 941 acres Own Space Area 71 ayes (:. O Number of Lob 45 ? percent Open Space In Shaeland Overlay District CC j � 5tH Legend 51% Own space - walerbody. sboreland sedlaa wetlands, wetland bufferdedicated parkropen space railCmnenan to open space Q Padmg for Maltm Meadows i ase L__Ph \ 3 >s 11 y r 13 14 The open space/natural park area no longer has street frontage and only provides for an easement to gain access. This may cause "issues" as people may park in front of homes while utilizing the open space/natural park area. The Park & Recreation Commission reviewed the proposed development and did not express concerns with not having street frontage along the open space in making their recommendation to the City Council. This layout will be evaluated by the City Council as part of their review. Information has been provided to the developer indicating that as part of the PUD the "Open Space" would be deeded to the City of Andover. The Park & Recreation Commission reviewed the proposed development and recommended the open space be owned and maintained by the homeowners association while still preserving public use. The City Council will consider the recommendation of the Park & Recreation Commission and make a final decision on park dedication requirements. Restrictions will need to be put into place to restrict the uses and development of the "open space" parcel and how this area would be preserved. During the review by Park and Recreation Commissioners it was discussed to allow for benches along the wood chipped trail segment. During the Park & Recreation Commission meeting, it was discussed that as part of future phases of development a survey should be conducted of the property owners in the Petersen Farms developments (including all phases) to see if they would be interested in having a park as part of the development. It was noted that a park could be considered near the proposed community space on the southern end of the development pending the results of that survey. Other Standards With a PUD, all standards apply as typical, unless otherwise specified in the PUD request. The applicant is asking for deviations from the minimum standards as it relates to: The construction of a cul de sac longer than 500 feet; discussion related to the Minimum Net Land Area, revising the current PUD to include this third phase of the project, not utilizing a centralized septic system in the shoreland overlay. HOMEOWNERS ASSOCIATION (HOA) The applicant will extend the current HOA to maintain any common areas, monuments, along with enforcement of certain "uses" on the properties. These "uses" have been noted as not allowing for ATV use except for normal domestic chores, and additional outside storage. The HOA would be the entity that is responsible for the enforcement of the items listed as being restricted. It should also be noted that as individuals purchase property within the development, the buyer receives a copy of the HOA rules and requirements and title companies generally require acknowledgment of the document. That means the buyer will be aware of what the HOA will expect as it relates to any restrictions. This notice of HOA regulations carries forward to second and future buyers of the property as well. PLANNING AND ZONING COMMISSION ACTION The Planning and Zoning Commission is requested to hold a Public Hearing and consider a recommendation to the Andover City Council. CITY COUNCIL ACTION This item is expected to be before the City Council on December 20, 2022 at their regular meeting. The City Council would consider City Code 13-3-9 required findings during the discussion of tonight's request whether it be for approval or denial of the request: 1. The proposed PUD is not in conflict with the goals of the Comprehensive Plan for the City; 2. The proposed development is designed in such a manner as to form a desirable and unified 14 15 environment within its own boundaries; 3. The proposed development demonstrates how each modified or waived requirement contributes to achieving the purpose of a PUD; 4. The PUD is of composition, and arrangement that its construction, marketing, and operation are feasible as a complete unit without dependence upon any subsequent unit. Attachments Draft Resolution of Denial .16 Draft Resolution of Approval .17 Applicants Narrative .22 City Engineer Letter .34 Site Location Area Map. .35 Public Hearing Notification Area .36 City Code 13-3 Planned Unit Development (PUD) .37 City Code 13-4-9 Shoreland Management Planned Unit Developments .41 Lots 4&5, Block 1 Lot Area Calcs- UPLAND .50 PUD Development Plan — Phase 3. .51 PUD Development Plan - Shoreland Density .52 PUD Development Plan — Shoreland Open Space. .53 CC: • Jason Osberg, Metrowide Development, 15356 Yukon St. NW, Andover, MN 55304 • Keith Petersen, 3084 Kahlberg Ct NE, St. Michael, MN 55376 • Darren Lazan, Landform Professional Services, LLC — Electronic only • Kevin Shay, Landform Professional Services, LLC —Electronic only W 16 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R A RESOLUTION DENYING THE CONDITIONAL USE PERMIT AMENDMENT/ PLANNED UNIT DEVELOPMENT AMENDMENT REQUESTED BY LANDFORM, ON BEHALF OF JD ANDOVER HOLDINGS, AS SHOWN AS PUD DEVELOPMENT PLAN PHASE 3 LEGACY AT PETERSEN FARMS DATED 11.23.2022, LEGALLY DESCRIBED AS: PID 07-32-24-34-0004, 07-32-24-24-0001,07-32-24-23-0002, 07-32-24-32-0002,07-32-24-33- 0001, 07-32-24-34-0003; and, Meadows at Petersen Farms Outlots A and B, Meadows at Petersen Farms Lots 1-10 Block 1, Meadows at Petersen Farms Lots 1-13 Block 2, Meadows at Petersen Farms Lots 1-21 Block 3, and Meadows at Petersen Farms Lots land 2 Block 4; and, Preserve at Petersen Farms Outlots A, B, and C, Preserve at Petersen Farms Lots 1-8 Block 1, Preserve at Petersen Farms Lots 1-14 Block 2, and Preserve at Petersen Farms Lots 1 and 2 Block 3. WHEREAS, Landform, on behalf of JD Andover Holdings has requested a Conditional Use Permit for an Amendment to the Planned Unit Development (PUD) for Legacy at Petersen Farms, and; WHEREAS, the Planning and Zoning Commission has reviewed the request and has determined that said request does not meet the criteria of City Code and would have a detrimental effect upon the health, safety, general welfare, values of property and scenic views in the surrounding area, and; WHEREAS, the Planning and Zoning Commission has reviewed the request and has determined that said request does not meet the criteria of City Code; as the proposed PUD is in conflict with the goals of the Comprehensive Plan for the City; and; WHEREAS, the Planning and Zoning Commission recommends to the City Council the approval of the Conditional Use Permit request with conditions, and; NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover does agree with the Planning and Zoning Commission and hereby denies the Conditional Use Permit Amendment/ Planned Unit Development Amendment for LEGACY AT PETERSEN FARMS DATED 11.23.2022 on the above legally described property due to the following findings: 1. 2. 3. Adopted by the City Council of the City of Andover on this _ day of 2022. CITY OF ANDOVER ATTEST: Michelle Harmer, Deputy City Clerk Sheri Bukkila, Mayor 16 17 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R A RESOLUTION APPROVING THE CONDITIONAL USE PERMIT AMENDMENT / PLANNED UNIT DEVELOPMENT AMENDMENT REQUESTED BY LANDFORM, ON BEHALF OF JD ANDOVER HOLDINGS, AS SHOWN AS PUD DEVELOPMENT PLAN PHASE 3 LEGACY AT PETERSEN FARMS DATED 11.23.2022, LEGALLY DESCRIBED AS: PID 07-32-24-34-0004, 07-32-24-24-0001, 07-32-24-23-0002, 07-32-24-32-0002, 07-32-24-33- 0001, 07-32-24-34-0003; and, Meadows at Petersen Farms Outlets A and B, Meadows at Petersen Farms Lots 1-10 Block 1, Meadows at Petersen Farms Lots 1-13 Block 2, Meadows at Petersen Farms Lots 1-21 Block 3, and Meadows at Petersen Farms Lots land 2 Block 4; and, Preserve at Petersen Farms Outlets A, B, and C, Preserve at Petersen Farms Lots 1-8 Block 1, Preserve at Petersen Farms Lots 1-14 Block 2, and Preserve at Petersen Farms Lots 1 and 2 Block 3. WHEREAS, Landform, on behalf of JD Andover Holdings has requested a Conditional Use Permit for an Amendment to the Planned Unit Development (PUD) for Legacy at Petersen Farms, and; WHEREAS, the Planning and Zoning Commission has reviewed the request and has determined that said request does meet the criteria of City Code and would not have a detrimental effect upon the health, safety, general welfare, values of property and scenic views in the surrounding area, and; WHEREAS, the Planning and Zoning Commission has reviewed the request and determined that said request does meet the criteria of City Code and 13-3-9 and 13-4-9; as the proposed PUD is not in conflict. WHEREAS, the Planning Zoning Commission further determined the Planned Unit Development project does not conflict with Land Use Goals, Objectives and Policies Goal 4 to allow residential growth while maintaining the quality of natural resources and amenities. WHEREAS, the Planning and Zoning Commission recommends to the City Council the approval of the Conditional Use Permit/Planned Unit Development Amendment request, and; WHEREAS, the City Council of Andover has reviewed the request including all materials available at the time of review, and has determined that said request does meet the criteria of City Code because: 1. The proposed development is not in conflict with the goals of the Comprehensive Plan for the City. The proposed CUP/PUD request is in alignment with the Comprehensive Plan as it meets the following goals: Overarching Goals, Objectives and Policies, Goal 1: Maintain and enhance the quality of life in Andover. The proposed project has been designed to minimize impacts to wetlands and bluffs. The applicant is providing larger usable space for each lot, which is a minimum of 43,560 square feet vs. the R-1 requirement of 8,600 square feet. In the case of the 2 lots that do not meet the 43,560 as identified as Lots 4 and 5 Block 1 Legacy at Petersen Farms the area is still usable even though it contains floodplain. Land Use Goals, Objectives and Policies, Goal 4: Allow residential growth while 17 IN maintaining the quality of natural resources and amenities. The proposed project will utilize Low Impact Development (LID) features such as infiltration ditches, and smaller roadways. The applicant will continue to work through the development process minimizing tree removal on the property and reduce the amount of destabilization of the soil. Goal: Reduce maintenance and energy costs for public facilities and infrastructure. As part of the LID development, the roadway will be narrower creating less cost for future replacement. The development will have minimal stormwater hard infrastructure reducing the cities costs of long-term maintenance. Housing Goals, Objectives and Policies Goal: Provide a variety of housing types to accommodate the life cycle needs of all residents. While lots will be under the 2.5 acre R -I standard, each lot will have at least 43,560 squarefeet of "usable" property. Transportation Goals, Objectives and Policies Goal: Minimize impacts of the transportation system on the natural environment. The lots under 2.5 acres will allow for the placement of the road in a location that minimizes the "cuts" and "fills" on the property. The placement of the roadway will allow the lots to be laid out in a manner that minimizes the removal of the trees on the property at the time of development. The master plan calls for additional connections to adjacent roadways allowing for additional access to this development and others. 2. The proposed development is designed in such a manner as to forma desirable and unified environment within its own boundaries. The applicant is proposing to create custom home sites to allowforflexibility for the buyer and a more attractive neighborhood in Andover. Each lot will be custom graded to allow for construction ofthe individual homes in a manner that meets the needs ofthe homeowner and allows them to design a site that works with the natural features of the lot. This approach will allow flexibility in the placement of single-family homes on each lot while preserving the natural environment. The low -impact qualities of this development will lead to a desirable and unified environment. The current phase is consistent with both prior phases inform and approach to development. 3. The proposed development demonstrates how each modified or waived requirement contributes to achieving the purpose of PUD. • Minimizing the lot size reduces disturbance of extensive wetlands and removal of wooded wetland areas will preserve natural features and allow for a pedestrian trail connection and dedication of open space within the development. Additionally, secondary impact risks to large established wetland complexes will be reduced. • Constructing a cul-de-sac greater than 500 feet in length allows for the site to utilize existing topography and avoid further wetland, and tree impacts, reduce earthwork disturbance, consistent with the low -impact design principles. • Allowing lots that are 100 feet in width where 160 feet is typically required on a cul- de-sac is to keep with the lot width approved as part of the first phase. The reduced lot width still allows for the minimum lot size and upland lot area to be achieved, iC meeting the intent for the development to arrange lots to preserve trees, minimize wetland impacts and preserve natural features. 4. The PUD is of composition, and arrangement that its construction, marketing, and operation are feasible as a complete unit without dependence upon any subsequent unit. The PUD proposal includes a development plan that shows how the overall property and adjacent large lot residential properties could be developed, visualizing how future development could be planned for. Each phase of the development would contribute to the overall development but would be independent of the previous and future phases. Residential Planned Unit Developments (PUDs) within a shoreland area requires a property owner association agreement (for residential PUDs) with mandatory membership, and addresses the following within City Code 13-4-9 F: 1. Maintenance and Design Criteria; To meet Section 13-4-9(F) of the city code requiring maintenance and administration, we have defined a district and incorporated restrictions for the shoreland overlay within a first amendment to the Homeowners Association (HOA) declaration recorded with the initial phase. These restrictions preserve the open space areas through; restricted uses in the shore impact zone areas and requiring approvals for alterations in those areas, permanent easements over wetlands, wetland buffers and floodplain, and dedication of open space, The HOA restriction will require approval by the HOA's Architectural Control Committee similar to the process set forth in Phase 1 governing the steep slopes and bluff areas. This has been effectively managed in Phase 1 as building permits are first required to be reviewed and approved by the HOA for compliance with this criteria prior to being submitted to the City accompanied by an HOA approval letter. The specific language governing these activities can be seen in the original Declaration and in Section 10 of the attached HOA Amendment document specifically addressing the Shoreland requirements of "Lake Lots ". 2. Open Space Requirements: Planned Unit Developments must contain open space; To meet Section 13-4-9(F) of the city code Open Space Requirements, and as an offset to the requested flexibility, the proposed layout dedicates nearly 31 acres, comprising roughly half of the shoreland of this lake as dedicated open space. This dedication of open space is used to meet the open space requirements for the shoreland and while it has shifted in size from the original PUD concept the upland area available for passive recreation uses has not changed. The shift in size is from shifting the lot lines further into the lake and surrounding wetlands. 19 20 These areas are not usable and do not impact the viability of the open space but are used to hit minimum lot size requirements. The net effect of this approach is a more effective allocation of the density to the east side, and a relatively similar impact to the lake in terms of units abutting the shoreland. The dedicated open space will ensure access between the southern portions of the project and Martin's Meadows Open Space ensuring access and enjoyment of the lake for the broader community. This open space includes the following: • Preservation of at least seventy percent (70%) of the shore impact zone area will remain in its existing natural state. • An upland open space area that preserves at the western portion of unnamed lake #2-87W as shown on PUD Development Plan. This area is expected to contain passive uses and remain in its natural state with hiking/walking trails connecting neighborhoods north and south of this area. 3. Erosion Control And Storm Water Management, and 3. Erosion Control And Storm Water Magagement; and To meet Section 13-4-9(F) of the city code Open Space Requirements Erosion Control and Storm Water Management, the proposed layout and engineering specifications call for Low Impact Designs, and natural stormwater management system consisting of natural treatment swales and infiltration basins. Erosion and sedimentation control will be managed through proven measures reviewed, approved, and inspected by City and Watershed agencies. 4. Centralization And Design Of Facilities. To meet Section 13-4-9(F) of city code Centralization and Design of Facilities, the layout calls for the use of individual wells and individual septic systems. Publicly owned water and sewer services are not available in this area, nor are they anticipated. The current design provides areas of S, 000 square feet for potential septic drain fields that have been reviewed, tested, and selected by a Minnesota Licensed Septic Professional. These locations were selected as they are the most suitable areas for standard systems. Individual systems will be the responsibility of the individual lot owners who shall be responsible for inspection, maintenance, and replacement of these systems. A centralized system is not available in this area and other communities have experienced issues resulting in a loss of responsibility by individual users to maintain centralized systems. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby agrees with the recommendation of the Planning and Zoning Commission and approves the Conditional Use Permit Amendment/Planned Unit Development Amendment request on the above legally described property for PUD DEVELOPMENT PLAN PHASE 3 LEGACY AT PETERSEN FARMS DATED 11.23.2022 with the following conditions: 1. Approval of Legacy at Petersen Farms Preliminary Plat shall be incorporated as part of this PUD provided it is approved by the Andover City Council within 1 year and consistent with 20 21 this PUD amendment. 2. Lot width shall not be less than 100 feet at the front yard setback. 3. Master Plan shall be now amended to represent Phase 3. 4. The developer shall amend this PUD to include any Future Phase changes. 5. Lot size shall not be less than 1.50 acres in size. 6. Each lot shall have a minimum of 1 acre of property that is not bluff or wetland. 7. Lots 4 & 5 Block 1 shall be permitted to be under 1 acre due to the unique challenges that floodplain have caused within Phase 3. 8. The overall density for the entire Master Planned Development shall not exceed .40 units per acre. 9. Developer shall provide a 50' ROW with additional drainage and utility easements for roadways within Phase 3. 10. Future MSA designated route shall meet MSA requirements (Navajo Street NW/Inca Street NW). 11. Developer shall be responsible for meeting Anoka County Highway Departments comments. 12. Developer shall be responsible for meeting the Lower Rum River Watershed Management Organization comments. 13. Local roadways shall be "Low Impact Development" in nature (27' asphalt width, with 18 - inch ribbon curb on both sides). 14. Developer shall adhere to platting process and meet requirements and items identified through that process. 15. Roadways shall be extended to the edge of the plat. 16. Developer shall address to the satisfaction of staff, comments in Engineers Letter dated November 29, 2022. 17. Developer shall meet all requirements of Andover City Code 13-4-F with the exception of centralized septic and water. 18. Applicant shall restrict the approximately 11 -acre open space lot (proposed as part of this phase) to only a trail and park benches or as agreed to by the Andover City Council. Future phases of open space shall also be restricted. 19. All other terms and conditions in the original approval, and past amendment shall be valid, unless specifically addressed within this resolution. Adopted by the City Council of the City of Andover on this day of 2022. CITY OF ANDOVER ATTEST: Michelle Harmer, Deputy City Clerk Sheri Bukkila, Mayor 21 SUBMITTED TO City of Andover 1685 Crosstown Boulevard NW Andover, MN 55304 4`NG MEMO P y m • Hens a ••0000 slo PREPARED BY Landform Professional Services, LLC 105 51" Ave S, Suite 513 Minneapolis, MN 55401 2t anerarm•, 5<�sbip.«n ana vm io nnisn•are reesmPiumce marx•artaner�vmresvonai senmez, ue TABLE Of CONTENTS Introduction..................................................................................................................................................1 PUDAmendment..........................................................................................................................................1 Summary....................................................................................................................................................... 9 ContactInformation....................................................................................................................................10 t3 23 2.y Introduction On behalf of JD Andover Holdings, LLC, Landform is pleased to submit this application for approval of a PUD amendment to The Petersen Farms Planned•Unit Development (PUD). This amendment will facilitate platting and construction of The Legacy at Petersen Farms the 3rd phase of the multi -phased PUD development. Our initial phases — The Preserve at Petersen Farms (1st phase) and The Meadows at Petersen Farms (2nd phase) — have been incredibly well-received, with nearly all 70 nearby lots sold and closed. 15 builders have invested over $50 million in the community with several builder models contemplating future sales. Building on the successful and well-received low -impact design philosophy of Prior phases, the next phase will again be designed and developed by JD Andover Holdings, a project entity managed by Metrowide Development and Landform Development Partners, LLC. This phase consists of 33 lots complying with the underlying PUD guidelines and continuing the effort to develop the 400 -acre master plan previously approved by Council. Immediate interest in The Legacy has been strong, with indications that home values will be similar to the first and second phase bringing the community's tax base improvement to nearly $100 million in new homes. The development team and the Petersen Family are long-time Andover residents excited about the continued improvements proposed for this site and to our community. We look forward to working with staff, parks commission, planning commission and council on another successful phase. PUD Amendment The development plan is shown for conceptual purposes, and includes numerous parcels (approximately 411.40 gross acres) of land on the agricultural farm located at 165th Avenue NW and Roanoke Street NW. The land has historically been used as a family farm. (All, or portions of the parcels with PID # 07-32-24-24-0001, 07-32-24-23- 0002, 07-32-24-32-0002, 07-32-24-33-0001, 07-32-24-34-0003), and, previously platted parcels in Meadows at Petersen Farms Outlots A and B, Lots 1-10 Block 1, Lots 1-13 Block 2, Lots 1-21 Block 3 and Lots 1 and 2 Block 4; and, Preserve at Petersen Farms Outlots A, B and C, Lots 1-8 Block 1, Lots 1-14 Block 2, Lots 1 and 2 Block 3). The parcels consist of a completed Phase 1 and 2 (Preserve and Meadows, respectively), together with agricultural fields, woodlands and large wetlands. The public streets have been located to minimize the disturbance of the existing trees, bluff lines and topography for the proposed lots. We are proposing to create custom home sites to allow flexibility for the builder and buyer. Each lot will be custom graded to allow for construction of the individual homes in a manner that meets the needs of the homeowner and allows them to design a site that works with the natural features of the lot. Accordingly, and as with The Preserve (1s' phase), the grading plan and tree preservation plan for the individual lots would be developed and approved by staff at the time of building permit. A separate grading and tree preservation plan for the new streets will be provided with the preliminary plat. This approach will allow flexibility in the placement of single-family homes on each lot while preserving the natural environment. The proposed property has a current land use designation of Rural Residential and is currently zoned R-1 Single Family Rural. The Legacy at Petersen Farms, Andover, MN Revised November 23, 2022 LDP17002.003 1 2'/ PUD Findings We are requesting approval of an amendment to the previously approved PUD development application. In Andover, a PUD is an acceptable path to entitlement of a project subject to the standards of Section 13 of the Andover City Code. Our plan shows compliance with the Section 13-3-9 standards. Specifically: 1. The proposed development is not in conflict with the goals of the Comprehensive Plan of the city. The proposed project is guided RR Rural Residential. This comprehensive plan land use is consistent with the surrounding land uses which are all RR Rural Residential. The proposed development will be consistent with the goals of the comprehensive plan. 2. The proposed development is designed in such a manner as to forma desirable and unified environment within its own boundaries. We are proposing to create custom home sites to allow for flexibility for the buyer and a more attractive neighborhood in Andover. Each lot will be custom graded to allow for construction of the individual homes in a manner that meets the needs of the homeowner and allows them to design a site that works with the natural features of the lot. This approach will allow flexibility in the placement of single-family homes on each lot while preserving the natural environment. The low -impact qualities of this development will lead to a desirable and unified environment. The current phase is consistent with both prior phases in form and approach to development. 3. The proposed development demonstrates how each modified or waived requirement contributes to achieving the purpose of a PUD. The requested flexibilities identified below contribute to achieving the purpose of a PUD, specifically: • Minimizing the lot size reduces disturbance of extensive wetlands and removal of wooded wetland areas will preserve natural features and allow for a pedestrian trail connection and dedication of open space within the development. Additionally, secondary impact risks to large established wetland complexes will be reduced. • Constructing a cul-de-sac greater than 500 feet in length allows for the site to utilize existing topography and avoid further wetland, and tree impacts, reduce earthwork disturbance, consistent with the low -impact design principles. • Allowing lots that are 100 feet in width where 160 feet is typically required on a cul-de-sac is to keep with the lot width approved as part of the first phase. The reduced lot width still allows for the minimum lot size and upland lot area to be achieved, meeting the intent for the development to arrange lots to preserve trees, minimize wetland impacts and preserve natural features. The requested flexibility and how it contributes to the PUD design qualities are also discussed in detail in the next section of this narrative. 4. The PUD is of composition, and arrangement that its construction, marketing, and operation are feasible as a complete unit without dependence upon any subsequent unit. The PUD proposal includes our development plan that shows how the overall properly and adjacent large lot residential properties could be developed, visualizing how future development could be planned for. Each phase of the development would contribute to the overall development but would be independent of the previous and future phases. The Legacy at Petersen Farms, Andover, MN LDP17002.003 Revised November 23, 2022 2 L5 Z!5 PUD Flexibility We are requesting City approval for amendments to the currently approved plan, as well as typical flexibility to allow deviation to standard zoning requirements as applied in the original PUD and first phase of the project. Amendments: Revising the Current PUD to include the third phase of the project, The Legacy at Petersen Farms (3rd phase). As prescribed in the current PUD, each time a preliminary plat is approved within the limits of the PUD, the PUD must be amended to include and address details specific to that plat. Accordingly, we are requesting the City Council approve an amendment to the PUD to include the preliminary plat of Legacy at Petersen Farms. Flexibility: Maximum Permanent Cul -de -Sac Length and minimum lot size. As with the initial phase, we are seeking PUD flexibility similar to that granted under the current PUD for permanent cul-de-sacs greater than 500 feet in length for 170th Avenue, and to allow lots on a cul-de-sac that are less than minimum 160 -foot lot width. Minimum Net Land Area (NLA). With this phase we are requesting flexibility under the PUD to allow two lots providing less than 1 -acre Net Land Area (NLA) as shown on the attached Exhibits. NIA is a self-imposed restriction defined in the PUD as Gross Lot Area minus wetlands and bluff areas. While current code provides for a minimum of 8,600 square feet of upland area, as part of the PUD we more than tripled that minimum to 1 -acre, or 43,560 square feet. Currently all lots proposed in Phase 3 meet the 1 -acre minimum Net Land Area as defined in the phase 1 approvals (Preserve) (Gross parcel area minus wetlands and defined bluffs). However, Phase 2 (Meadows) introduced the new challenge of removing the expanded (FP B) floodplain from the calculation for what should be considered "usable" under the Net Land Area calculation. Removing all portions of the expanded floodplain puts two lots short of the 1 -acre minimum. Considering the greatest impact (the back-to-back event) leaves NLA ranging from 0.75 acres to 0.99 acres. Using the more typical single 100 -yr event reduces that impact to leave no lots short of the required NLA. While these portions of the NLA are included in the easement area, they are usable in almost every aspect of a "yard' as they are generally very flat, can be used for active recreation, gardening, and even light structures as allowed in the shoreland ordinance. It should be noted that the likelihood of a rain event causing ponding in the expanded floodplain is considered to be greater than a 100 -yr occurrence. We respectfully request flexibility in the determination of the NLA for these lots given the incredibly infrequent occurrences of flood events. It should be noted that all habitable structures are well above the back-to-back event and associated drain fields are outside these limits in all cases. This issue applies only to yards. As with the original PUD, and as amended previously, our PUD proposal will allow for a more efficient allocation of lots, greatly reduce grading and wetland impacts, and will minimize removal of wooded wetlands. Section 13-3-11 of the Zoning Code outlines nine design qualities that the City desires in PUDs. Our plan is consistent with these requirements, specifically: 1. Achieves efficiency in the provision of streets and utilities and preserves area to achieve the elements of design qualities described in this chapter. The Legacy at Petersen Farms, Andover, MN LDP17002.003 Revised November 23, 2022 3 U0 Our proposed plan will achieve development efficiency and allow for low -impact design by preserving trees and reducing wetland impacts. Our linear cluster development allows preservation of natural features and provides creative design elements. 2. Provides convenient and safe access for vehicles and pedestrians and all types of activity that are anticipated to be a part of the proposed development. The proposed development is not anticipated to generate substantial traffic volumes and proposed roadways will be sufficient for the anticipated traffic that will be generated from residents within the subdivision and potential visitors. Pedestrian trail connections will be provided across the wetlands between Phase 1 and the remainder of the PUD Plan. 3. Provides a buffer between different uses, adjacent properties, roadways, between backyards of back-to- back lots. Adequate buffers between different uses are provided in the development plan. The development is clustered in a linear fashion and the lots will be buffered from existing and future development. The existing vegetation will screen this project form adjacent properties and additional screening can be provided where necessary. 4. Preserves existing stands of trees and/or significant trees. Allowing longer cul-de-sacs will reduce impacts on wooded and open wetlands. Additionally, the proposed design includes utilizing ditches as part of the low impact stormwater management practices, which will allow a greater number of trees to be preserved because extensive ponding (which requires tree removal) required to meet stormwater design standards is substantially reduced. 5. Provides considerable landscaping treatments that complement the overall design and contribute toward an overall landscaping theme. Each custom-built lot will allow residents to provide landscaping that is consistent with City Code and will be reviewed at the time of building permit. Additionally, as part of the storm water management plan, individual lots may provide bio swale gardens (rain gardens) adjacent to the driveway. This landscaping will be designed to provide consistency along the street. 6. Preserves significant usable space on individual lots or through the provision of open space within the development. A linear cluster development preserves significant open space and natural features within the development and our lot layout provides significant open space on each of the lots. The open spaces can be utilized for the needs of the community. The proposed open spaces will provide connections to the existing Martin Meadows Park to utilize the existing trail system within the park, and between Phases 1 and 2 of the PUD Plan. 7. Provides an attractive streetscape through the use of undulating topography, landscaping, decorative street lighting, decorative mailbox groupings, retaining walls, boulders, fencing, area identification signs, etc. Given the natural amenities of this site and the proposed improvements, the proposed landscape improvements within the development will provide a high-quality design which includes a monument area identification sign and the use of the existing topography. 8. The proposed structures within the development demonstrate quality architectural design and the use of high-quality building materials for unique design and detailing. The Legacy at Petersen Farms, Andover, MN LDP17002.003 Revised November 23, 2022 4 Z7 27 Given the natural amenities of this site and the proposed improvements, the proposed homes within the development will provide a high-quality design similar to those constructed in Phase 1 and 2. 9. The lasting quality of the development will be ensured by design, maintenance and use guidelines established through an owners' association. (Ord. 298, 8-4-2004) A homeowner's association will be established for the proposed development for the purpose of managing stormwater improvements and common elements. Lot Standards Phase 1 of Petersen Farms was approved for a Planned Unit Development (PUD) on June 19, 2018. This approval set the following minimums; lot size of 1.5 acres, net land area of 1 acre and lot width of 100 feet. On December 4, 2018 City Council extended these PUD minimums to the remaining property as part of a long-term master plan to develop the entire farm. A summary table of the lot sizes and lot widths at the setback are shown on the current plans. Plans for The Legacy have been designed to allow lot sizes that are consistent with those of the adjacent residential properties. The gross density of this phase is 0.44 units per acre because the majority of the density for the development falls within the boundary of the current phase with greater natural amenities in previous and future phases. The entire development maintains a density below the allowed 0.4 gross units per acre. With the flexibility to not include Floodplain B, all parcels have a minimum of 1 -acre net land area. The shoreland overlay district imposes additional density restrictions by allowing a specific number of lots within each tier of a shoreland overlay based on the net land area within a given tier. An exhibit labeled "PUD Development Plan — Shoreland Density' provides a map of the shoreland tiers along with the calculations for each tier to determine the base density. A bonus to the base density is allowed if you qualify with the following, "The impact on the waterbody is reduced an equivalent amount through vegetative management, topography, or additional acceptable means, and the setback is at least 25% greater than the minimum setback." We will be utilizing the bonus density to have additional lots within the fourth tier and employing the additional measures required to ensure the impact on the waterbody is reduced. For the purposes of this development, minimum lot standards were developed to include a "Net Land Area" calculation. This was a self-imposed standard specifically defined as the gross lot area minus wetlands and bluff areas as defined as those slopes having a slope in excess of 18% for longer than 50 feet. This was applied throughout the first phase of the development. The Meadows introduced a new aspect to this standard which is that portions of the project are affected by 100 -year floodplain, as well as certain conditions that require a back-to-back 100 -year analysis. We have carried this practice forward into The Legacy phase and similar to phase 2 this has an impact on two lots in this phase that we will be seeking PUD flexibility. The public streets have been located to minimize the disturbance of the existing trees and minimize required grading for the new streets. Complete grading and tree preservation plans for the new streets was provided with the Preliminary Plat Application, and is currently under review. The Legacy at Petersen Farms, Andover, MN LDP17002.003 Revised November 23, 2022 5 is 28 Tabulated Lot Area calculations are shown on sheet C0.2 and C0.3 of the full Plan set. Street Improvements PUD flexibility was received to construct the local streets with a 50 -foot ROW width with an expanded front drainage and utility easement to contain drainage and private utilities as required. The plans show a 27 -foot wide two-way street with 184nch ribbon curb on both sides for a total width of 30 feet. This low impact design was previously approved as a condition for the PUD approval and reviewed by public works and fire for acceptable service. To mitigate a rural street section in a reduced ROW, we are continuing with a wider drainage and utility easement adjacent to the right-of-way, which will provide adequate space for utilities and drainage. We are proposing a street design for a rural section that includes ditches for low -impact stormwater management. This design typically reduces the area of disturbance and number of trees removed because traditional large ponding facilities are not required to achieve stormwater requirements. This was utilized on the first and second phases of Petersen Farms, but was best observed in phase one. Given that the current phase will be constructed prior to the County Road improvements, we are providing emergency fire accesses which access the cul-de-sacs for Oneida Street and Makah Street. This will provide a second access for fire for each of these streets. Each access will have gates installed on both ends that will block the access from being used by daily traffic. The gates and accesses will be managed by the City and used for emergency fire access. There are three proposed roadway connections in the future phases of Petersen Farms: First, the extension of Navaho Street at the northern limits will serve 7 future lots and terminate in a temporary cul-de- sac. This road could eventually connect through adjacent property to Inca Street in The Meadows providing additional ingress/egress to existing and proposed phases. Inca was previously designated as an MSA route with wider right-of-way and slightly heavier paving sections. Second, a connection to Highway 7 (Oneida) will be made at some future point. Ideally, this connection would occur after Anoka County constructs a future round -about at the southwest corner of our plat. This future connection would be made directly to a fourth leg of that new round -about. In the event that improvement is not made within the next twenty years, we have provided an alternate connection to the east -west leg of Highway 7 where the existing farm road currently connect. Additional improvements to Highway 7 would likely be needed for this connection, and escrows will be established as part of the development agreement concurrent with approvals for the current phase. Finally, a new connection to Highway 7, and a potential connection to the current phase, is shown in the future development in the northwest corner of the property. In prior concepts, this roadway was anticipated to connect back to roadways in Phase 3. Further preliminary geotechnical investigation revealed the feasibility of this connection would be questionable, and pose significant impacts to natural amenities. As a result, we are currently showing 170th as a single road serving roughly eight lots and terminating in a permanent cul-de-sac. We have also proposed an optional connection to the south (dashed), but construction conditions in this optional area are also questionable, so we have designated that only as a potential connection. Each phase stands on its own with more feasible connections elsewhere, so no deficiencies would be created without that connection. Due to the termination of the 170th extension to the east occurring in an area surrounded by wetlands and natural areas (similar to those in Phases 1 and 2), no secondary emergency access is proposed for this roadway. We feel this is consistent with prior approvals, and any form of gated access similar to [our southern connection] would be costly for both it's original The Legacy at Petersen Farms, Andover, MN Revised November 23, 2022 LDP17002.003 g 29 L9 construction and ongoing maintenance/future reconstruction by the city. It would also result in substantial infrastructure and maintenance activity in a natural open space area which is inconsistent with the intent of the development. We feel the limited number of homes on this roadway make this an acceptable solution, consistent with prior approvals. In conclusion, we are asking for flexibility on maximum length on a permanent cul-de-sac due to the unique geographical character of the site, limited access to highway 7, and the limited number of homes they serve. The city ordinance for max cul-de-sac length is the same for both urban and rural areas of the city. The intent of the ordinance is to limit the number of homes that would be isolated should an event/incident block the roadway. In urban areas there could be as many as twelve homes on a compliant cul-de-sac, but in rural areas, the minimum lot width and lot sizes make that number of homes far less. In the current case of Oneida Street only four homes are served. For the future 170th Avenue we are proposing only eight new homes served. We respectfully request the same flexibility in the current Phase and future phases. Future Community Space Like prior phases, and outside of the current plat limits, we are proposing a designated "Community Space" over the existing farmstead buildings. Ownership of this area currently remains with the Petersen Family through this phase, and will likely be developed in a future phase. The family currently uses this area, and facilities, for ongoing farming operations. In a future phase, we are requesting the flexibility for building in this area to be brought to current building codes and remain as a potential asset to the community (HOA) for resident storage, park space, meeting space, community gardens, and historical reference. That designation remains unchanged in this PUD Amendment. Open Space We are proposing roughly half of the large open space area from prior approvals be platted and designated with this current phase. The remaining area will be platted with the adjacent future phase. We have continued to express willingness to deed this land to the city, or retain it under HOA ownership for private use/maintenance. This was addressed at the most recent Parks Commission where their recommendation was to accept cash -in -lieu vs. land. Should that recommendation be accepted by the council, we would place it in a conservancy easement and HOA ownership after platting. Should the city choose to accept this area as park dedication, we would request a similar easement and covenants be placed on the land to preserve the passive intent of the overall design. With this phase, we will construct a wood chip trail to the northern limits of the plat. This is similar to those in prior phases and throughout the Martins Meadows open space. The future phase open space dedication would complete the connection back to Martins Meadows, and public parking, creating a 3 -mile loop through the Petersen Farms development and Martin's Meadows. The natural elements of this open space and the wood -chip trail system are critical to the character established throughout Petersen Farms, and the Martin's Meadows open space. Landscaping and Tree Preservation The site consists of agricultural fields, woodlands and large wetlands. A tree preservation plan for the new streets has been prepared that minimizes the disturbance of existing trees. The Legacy at Petersen Farms, Andover, MN LDP17002.003 Revised November 23, 2022 7 30 30 We have provided a landscape plan that provides a seed mix for all disturbed areas during street construction and a separate seed mix for the infiltration basins. Because each lot will be custom graded to allow for construction of the individual homes in a manner that meets the needs of the homeowner, we are proposing a list canopy trees for city approval that includes common hackberry, swamp white oak, boulevard linden, American elm, balsam fir, eastern red cedar, and white spruce. As each lot is developed the builder will be required to plant three trees from the approved species list to be placed on the lot, with some exceptions granted on heavily wooded lots. This approach will provide for greater flexibility and allow for each site to incorporate trees that complement the natural environment. Stormwater Management We are proposing a low -impact stormwater design as part of the rural street section. The low -impact stormwater design treats and manages stormwater through a series of Best Management Practices (BMP's) in a natural treatment conveyance through rural ditches, ditch weirs and distributed infiltration basins. We have submitted to the Lower Rum River Watershed Management Organization (LRRWMO) concurrent with our City submittals. Shoreland Overlay The established PUD flexibility allows the homes to be clustered on suitable areas for development allowing natural areas to be preserved. As design evolved from concept to final, and grading more closely examined, the configuration of the street layout was revised. This revision resulted in an increase of nine lots on the shoreland overlay density tiering exhibit. With the more detailed design and increased efficiency it was possible to increase the lot count and maintain the shoreland standards. The density increase is located entirely in the 4th tier of the shoreland and located as far as possible from the lakeshore, meeting the intent of the ordinance to push residential units away from the lake. The development will meet the shoreland standards including: 125 -foot structure setback from the recreational lake with additional vegetative management to ensure a lessened impact on the lake. 25% max impervious coverage. 25 -foot max building height. 50% open space preservation within the Shoreland Overlay area. This is detailed on the exhibit labeled "Shoreland Overlay Open Space". To meet Section 13-4-9(F) of the city code requiring maintenance and administration, we have defined a district and incorporated restrictions for the shoreland overlay within an amendment to the Homeowners Association (HOA) declaration recorded with the initial phase. These restrictions preserve the open space areas through; restricted uses in the shore impact zone areas and requiring approvals for alterations in those areas, permanent easements over wetlands, wetland buffers and floodplains, and dedication of parkland to the city The HOA restriction will require approval by the HOA's Architectural Control Committee similar to the process set forth in Phase 1 governing the steep slopes and bluff areas. This has been effectively managed in Phase 1 as building permits are first required to be reviewed and approved by the HOA for compliance with this criteria, prior to The Legacy at Petersen Farms, Andover, MN LDP17002.003 Revised November 23, 2022 8 31 31 being submitted to the City accompanied by an HOA approval letter. The specific language governing these activities can be seen in the original Declaration and in Section 10 of the attached HOA Amendment document specifically addressing the Shoreland requirements of "Lake Lots". To meet Section 13-4-9(F) of the city code Open Space Requirements, and as an offset to the requested flexibility, the proposed layout dedicates nearly 31 acres, comprising roughly half of the shoreland of this lake as dedicated open space. This dedication of open space is used to meet the open space requirements for the shoreland and while it has shifted in size from the original PUD concept the upland area available for passive recreation uses has not changed. The shift in size is from shifting the lot lines further into the lake and surrounding wetlands. These areas are not usable and do not impact the viability of the open space but are used to hit minimum lot size requirements. The net effect of this approach is a more effective allocation of the density to the east side, and a relatively similar impact to the lake in terms of units abutting the shoreland. The dedicated open space will ensure access between the southern portions of the project and Martin's Meadows Open Space ensuring access and enjoyment of the lake for the broader community. This open space includes the following: Preservation of at least seventy percent (70%) of the shore impact zone area will remain in its existing natural state. An upland open space area that preserves at the western portion of unnamed lake #2-87W as shown on PUD Development Plan. This area is expected to contain passive uses and remain in its natural state with hiking/walking trails connecting neighborhoods north and south of this area. To meet Section 13-4-9(F) of the city code Open Space Requirements Erosion Control and Storm Water Management, the proposed layout and engineering specifications call for Low Impact Designs, and natural stormwater management system consisting of natural treatment swales and infiltration basins. Erosion and sedimentation control will be managed through proven measures reviewed, approved, and inspected by City and Watershed agencies. To meet Section 13-4-9(F) of city code Centralization and Design of Facilities, the layout calls for the use of individual wells and individual septic systems. Publicly owned water and sewer services are not available in this area, nor are they anticipated. The current design provides an area of 5,000 square feet for potential septic drain fields that have been reviewed, tested, and selected by a Minnesota Licensed Septic Professional. These locations were selected as they are the most suitable areas for standard systems. Individual systems will be the responsibility of the individual lot owners who shall be responsible for inspection, maintenance, and replacement of these systems. A centralized system is not available in this area and other communities have experienced issues resulting in a loss of responsibility by individual users to maintain centralized systems. Summary We respectfully request approval of the planned unit development amendment for Petersen Farms located adjacent to 165th Avenue NW and County Road 7. The Legacy at Petersen Farms, Andover, MN Revised November 23, 2022 LDP17002.003 9 3Z 3Z Contact Information This document was prepared by: Kevin Shay Landform 105 South Fifth Avenue, Suite 513 Minneapolis, MN 55401 Any additional questions regarding this application can be directed to Darren Lazan at dlazan()landform.net or 612.638.0250. The Legacy at Petersen Farms, Andover, MN LDP17002.003 Revised November 23, 2022 10 33 33 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 . (763) 755-5100 FAX (763) 755-8923 . WWW.ANDOVERMN.GOV MEMORANDUM TO: Joe Janish, Community Development Director FROM: David Berkowitz, Director of Public Works/City Engineer Jason Law, Assistant City Engineer DATE: November 29, 2022 REFERENCE: Legacy at Petersen Farms/PUD Review #3 The following comments are regarding Review #3 of the Revised PUD Submittal: 1. (Review #1) The developer shall provide an escrow and roadway, trail and drainage and utility easement for future connection of the southwesterly cul de sac (Oneida Street) onto 7th Avenue. This would likely be constructed at a future date once improvements are made to the 7th Avenue / 165th Avenue intersection. Kept for tracking purposes. The developer acknowledged this item, and engineers' estimate will be prepared to be reviewed by City. Escrow to be provided with plat. 2. (Review #2) The 170th Avenue cul de sac depicted in future phases (both exhibits) exceeds the 500' maximum allowed per City Code. The Fire Department is requesting an emergency vehicle access be provided to this dead end cul de sac. Developer requesting PUD flexibility to not require a secondary emergency vehicle access for the 170th Avenue cul de sac. Pending comment from City Council. 3. (Review #2) Street, Drainage, Trail, and Utility easements would need to be provided for both alternative connection points from Oneida Street (southwest cul de sac) to 7th Avenue. Once a permanent connection is made to 7th Avenue, the City would vacate easements for the option not constructed. Kept for tracking purposes. 4. Three exhibits (EXA, EX.2 & EX.3) were submitted for alternative alignments for potential future connection of Oneida Street to a potential future roundabout at 7th Avenue. EX.1 meets the statutory 35 mph design, but cuts through an existing delineated wetland. EX.2 avoids the existing wetland, however only meets a 30 mph design. EX.3 also avoids the existing wetland and meets the 35 mph statutory speed limit. Staff's recommendation is to provide an alignment avoiding and/or minimizing wetland impacts and meeting the 35 mph statutory speed limit (EX.3), with the understanding that losing lots is not desirable. Staff can work through detailed design with the developer during the preliminary plat reviews on this subject with the caveat that some revisions to lot and/or plat boundary lines on the south end of Oneida Street may be required compared to what is identified in the PUD amendment. 5. In EXA EX.2 & EX.3 add "Street" to each easement description and revise the easterly secondary driveway alignment option in red (using existing farm access location) to meet 35 mph statutory design requirements with 480' minimum centerline radii with 2.5% cross slope. 6. Additional comments pending further review. Note: It is a requirement that the Developer respond to each of these items in writing (get digital copy from City and type responses below original comment) when re -submitting the revised plat to the City. If you have any questions, feel free to contact Jason Law, Assistant City Engineer at (763) 767-5130 or David Berkowitz, Director of Public Works/City Engineer at (763) 767-5133. 341 34 4 PUBLIC HEARING NOTICE AREA 3(� R. CHAPTER 3 PLANNED UNIT DEVELOPMENT (PUD) SECTION: 13-3-1: Purpose 13-3-2: Utilization of PUD 13-3-3: PUD Concept Review 13-3-4: Uses 13-3-5: Density 13-3-6: Zoning And Subdivision Standards And Requirements 13-3-7: Approval Process 13-3-8: Fees And Costs 13-3-9: Findings Required 13-3-10: Revisions And Amendments 13-3-11: Desirable PUD Design Qualities 13-3-12: Approval Of Planned Unit Development 13-3-1: PURPOSE: The purpose of a PUD is to encourage more efficient allocation of density and intensity of land use where such arrangement is desirable and feasible by providing the means for greater creativity and flexibility in environmental design than provided under the strict application of this code. It must be demonstrated to the satisfaction of the City Council that a higher quality development will result than could be otherwise achieved through strict application of this code. (Ord. 298, 8-4-2004) 13-3-2: UTILIZATION OF PUD: Planned Unit Development (PUD) regulations may be allowed by the City Council to be applied and/or utilized for all developments including the following: townhomes, single- and two-family homes (both urban and rural), apartment projects, multiuse structures, commercial developments, industrial developments, mixed residential and commercial developments and similar projects. (Ord. 298, 8-4-2004) 13-3-3: PUD CONCEPT REVIEW: Any person or persons who may apply for a PUD may request a concept review with respect to land which may be subject to a PUD. The purpose of a PUD concept review is to afford such persons an opportunity, without incurring substantial expense, to have the general feasibility of a PUD proposal considered. PUD concept reviews shall follow the sketch plan procedures provided in Section 11-2-1 of this code. (Ord. 298, 8-4-2004) 13-3-4: USES: Planned Unit Developments shall be required to conform to the permitted and conditional uses set forth in Title 12 of this code pertaining to the applicable zoning district. (Ord. 298, 8-4-2004) 37 37 13-3-5: DENSITY: The density of residential developments shall be required to conform to the applicable land use district. (Ord. 298, 8-4-2004) 13-3-6: ZONING AND SUBDIVISION STANDARDS AND REQUIREMENTS: All standards and provisions relating to an original zoning district shall apply, unless otherwise approved as a part of the PUD. All standards may be modified or waived provided the applicant demonstrates harmony with the purpose of the PUD and the findings described in Section 13-3- 9 of this chapter. (Ord. 298, 8-4-2004) 13-3-7: APPROVAL PROCESS: An applicant for a PUD shall submit in the application all of the material required by this chapter. Each PUD requested must adhere to the following process: A. Permitted and conditional uses shall follow the Conditional Use Permit procedures provided in Section 12-14-6 of this code to establish the development standards for the PUD. These uses shall also complete the commercial site plan process once the Planned Unit Development has been approved. (Amd. 2/20/07, Ord. 341) B. Applications involving the subdivision of land shall complete a preliminary and final plat under the procedures provided in Title 11, "Subdivision Regulations", of this code. (Ord. 298, 8-4-2004) 13-3-8: FEES AND COSTS: Applications for a PUD shall be filed at the office of the City Planner along with a nonrefundable application fee for the approval process specified in Sections 13-3-3 and 13-3-7 of this chapter in the amount established by the City Council to defray administrative costs. (Ord. 298, 8-4-2004) 13-3-9: FINDINGS REQUIRED: In order for a PUD to be approved, the City shall find that the following are present: A. The proposed development is not in conflict with the goals of the Comprehensive Plan of the city. B. The proposed development is designed in such a manner as to form a desirable and unified environment within its own boundaries. C. The proposed development demonstrates how each modified or waived requirement contributes to achieving the purpose of a PUD. D. The PUD is of composition, and arrangement that its construction, marketing, and operation are feasible as a complete unit without dependence upon any subsequent unit. (Ord. 298, 8-4-2004) W W 13-3-10: REVISIONS AND AMENDMENTS: Administrative approval of incidental changes in the PUD may be authorized by the City Planner upon review and approval by ARC. Such administrative approvals shall not substantially alter the character of the approved PUD and shall be limited to landscaping (not including quantity reduction), color schemes (not including materials), association documents, fencing, entrance monuments and decks. Changes in uses or development/design standards must be submitted for a full public hearing review process. (Amended Ord. 314, 10-4-2005) 13-3-11: DESIRABLE PUD DESIGN QUALITIES: The following design qualities will be sought in any PUD: A. Achieves efficiency in the provision of streets and utilities and preserves area to achieve the elements of design qualities described in this chapter. B. Provides convenient and safe access for vehicles and pedestrians and all types of activity that are anticipated to be a part of the proposed development. C. Provides a buffer between different uses, adjacent properties, roadways, between backyards of back-to-back lots. D. Preserves existing stands of trees and/or significant trees. E. Provides considerable landscaping treatments that complement the overall design and contribute toward an overall landscaping theme. F. Preserves significant usable space on individual lots or through the provision of open space within the development. G. Provides an attractive streetscape through the use of undulating topography, landscaping, decorative street lighting, decorative mailbox groupings, retaining walls, boulders, fencing, area identification signs, etc. H. The proposed structures within the development demonstrate quality architectural design and the use of high quality building materials for unique design and detailing. The lasting quality of the development will be ensured by design, maintenance and use guidelines established through an owners' association. (Ord. 298, 8-4-2004) 13-3-12: APPROVAL OF PLANNED UNIT DEVELOPMENT: The developer must demonstrate that the amenities and qualities of the Planned Unit 39 39 Development are beneficial and in the public interest to allow the development to be approved. A substantial amount of the design qualities identified in Section 13-3-11 of this chapter shall be found to be present in order to approve a PUD. The amount of amenities and type of qualities that constitute an acceptable PUD are at the sole discretion of the City Council to determine. (Ord. 298, 8-4-2004) 13:3-13: REDEVELOPMENT PUDs: A property owner may apply for a redevelopment PUD for their property, if the property meets the criteria outlined in this section. Such redevelopment PUDs shall only be used for lot splits. PUDs on all other subdivisions shall follow the normal PUD requirements laid out in this chapter. All provisions of City Code chapter 13-3 shall apply to redevelopment PUDs except for section 13-3-11. A redevelopment PUD may be permitted if the subject property meets the following standards: A. The existing principal structure on the property is at least 30 years old, or does not meet current building codes, or has a blighting effect on the surrounding neighborhood, and will be removed as part of the redevelopment of the property. B. The houses built on the new lots would be similar in size and architectural design to those in the surrounding neighborhood. Architectural plans must be included in the application for a redevelopment PUD and approved by the Council. (Amd. 2/20/07, Ord. 341) Wl] t/0 13-4-9: PLANNED UNIT DEVELOPMENTS (PUDS)': A. Types Of PUDs Permissible: Planned Unit Developments (PUDs) are allowed for new projects on undeveloped land, redevelopment of previously built sites, or conversions of existing buildings and land. The land use districts in which they are an allowable use are identified in the land use district descriptions in Subsection 13-4-513 of this chapter and per Title 12, Chapter 12 of this code. B. Processing PUDs: Planned Unit Developments must be processed as a conditional use. The expansion to an existing commercial PUD involving six (6) or less new dwelling units or sites since the date this chapter was 1 See also chapter 3 of this title. 41 ill adopted is permissible, provided an Amended Conditional Use Permit is granted and the total project density does not exceed the allowable densities calculated in the project density evaluation procedures in Subsection E of this section. The provisions of Title 12, Chapter 12 and Section 12-15-6 of this code shall apply. Approval cannot occur until the Environmental Review Process (EAW/EIS) is complete. C. Application For PUD: The applicant for a PUD must submit the following documents (in addition to the requirements as specified in Title 11 and Title 12, chapter 12 of this code) prior to final action being taken on the application request: 1. A site plan and/or plat for the project showing location of property boundaries, surface water features, existing and proposed structures and other facilities, land alteration, sewage treatment and water supply systems (where public systems will not be provided), and topographic contours at ten foot (10') intervals or less. When a PUD is a combined commercial and residential development, the site plan/plat must indicate and distinguish which buildings and portions of the project are residential, commercial, or a combination of the two (2). 2. A property owner association agreement (for residential PUDs) with mandatory membership, all in accordance with the requirements of Subsection F of this section. 3. Deed restriction, covenants, permanent easement, or other instruments that: a. Properly address future vegetative and topographic alterations, construction of additional buildings, beaching of watercraft, and construction of commercial buildings in residential PUDs; and b. Ensure the long-term preservation and maintenance of open space in accordance with the criteria and analysis specified in Subsection F of this section. 4. When necessary, a master plan/drawing describing the project and the floor plan for all commercial structures to be occupied. 5. Those additional documents as requested by the Planning and Zoning Commission and City Council that are necessary to explain how the PUD will be designed and will function. D. Site Suitable Area Evaluation: Proposed new or expansions to existing Planned Unit Developments must be evaluated using the following procedures and standards to determine the suitable area for the dwelling unit/dwelling site density evaluation in Subsection yL 142. E of this section. 1. The project parcel must be divided into tiers by locating one or more lines approximately parallel to a line that identifies the ordinary high water level at the following intervals, proceeding landward: SHORELAND TIER DIMENSIONS Unsewered Sewered (Feet) (Feet) General development lakes First tier 200 200 Second and additional tiers 267 200 Recreational development lakes 267 267 Natural environment lakes 400 320 All river classes 300 300 2. The suitable area within each tier is next calculated by excluding from the tier area all wetlands, bluffs, or land below the ordinary high water level of public waters. This suitable area and the proposed project are then subjected to either the residential or commercial Planned Unit Development density evaluation steps to arrive at an allowable number of dwelling units or sites. E. Residential And Commercial PUD Density Evaluation: The procedures for determining the base density of a PUD and density increase multipliers are as follows: allowable densities may be transferred from any tier to any other tier further from the water body, but must not be transferred to any other tier closer. 1. Commercial PUD Base Density Evaluation: The suitable area within each tier is divided by the single residential lot size standard for lakes or, for rivers, the single residential lot width standard times the tier depth, unless the City Council has specified an alternative minimum lot size for rivers which shall then be used to yield a base density of dwelling units or sites for each tier. Proposed location and numbers of dwelling units or sites for the residential Planned Unit Developments are then compared with the tier, density, and suitability analysis herein and the design criteria in Subsection F of this section. 2. Commercial PUD Base Density Evaluation: a. Determine the average inside living area size of dwelling units or sites within each tier, including both existing and proposed units and sites. Computation of inside living area sizes need not 143 143 include decks, patios, stoops, steps, garages, or porches and basements, unless they are habitable space. b. Select the appropriate floor area ratio from the following table: *Average Unit Floor Area (Sq. Ft. 200 300 400 500 600 700 800 •11 1,000 1,100 1,200 1,300 1,400 1,500 Sewered General Development Lakes: First Tier On Unsewered General Development Lakes; Urban, Agricultural, Tributary River Segments 0.040 0.048 0.056 0.065 0.072 0.082 0.091 0.099 '1 1 0.116 0.125 0.133 0.142 0.150 Second And Additional Tiers On Unsewered General Development Lakes; Recreational Development Lakes; Transition And Forested River Segments 0.020 0.024 0.028 0.032 0.038 0.042 0.046 0.050 0.054 0.058 0.064 0.068 0.072 0.075 Natural Environment Lakes And Remote River Segments 0.010 0.012 0.014 0.016 0.019 0.021 0.023 0.025 WiY� 0.029 0.032 0.034 0.036 0.038 *For average unit floor areas less than shown, use the floor area ratios listed for 200 square feet. For areas greater than shown, use the ratios listed for 1,500 square feet. For recreational camping areas, use the ratios listed at 400 square feet. Manufactured home sites in recreational camping areas shall use a ratio equal to the size of the manufactured home or, if unknown, the ratio listed for 1,000 square feet. c. Multiply the suitable area within each tier by the floor area ratio to yield total floor area for each tier allowed to be used for dwelling units or sites. 4'{ yy d. Divide the total floor area by tier computed in Subsection E2c of this section by the average inside living area size determined in Subsection E2a of this section. This yields a base number of dwelling units and sites for each tier. e. Proposed locations and numbers of dwelling units or sites for the commercial Planned Unit Development are then compared with the tier, density and suitability analysis herein and the design criteria in Subsection F of this section. 3. Density Increase Multipliers: a. Increases to the dwelling unit or dwelling site base densities previously determined are allowable if the dimensional standards in Section 13-4-6 of this chapter are met or exceeded and the design criteria in Subsection F of this section are satisfied. The allowable density increases in Subsection E3b of this section will only be allowed if structure setbacks from the ordinary high water level are increased to at least fifty percent (50%) greater than the minimum setback, or the impact on the water body is reduced an equivalent amount through vegetative management, topography, or additional means acceptable to the City Council, and the setback is at least twenty five percent (25%) greater than the minimum setback. b. Allowable dwelling unit or dwelling site density increases of residential or commercial Planned Unit Developments: Density Evaluation Tiers First Second Third Fourth Fifth F. Maintenance And Design Criteria: Maximum Density Increase Within Each Tier (Percent) 50 100 200 200 200 1. Maintenance And Administration Requirements: a. Before final approval of a Planned Unit Development, adequate provisions must be developed for preservation and maintenance in perpetuity of open spaces and for the continued existence and functioning of the development. b. Deed restrictions, covenants, permanent easements, public y5 145 dedication and acceptance, or other equally effective and permanent preservation and maintenance of open space are required. The instruments must include all of the following protections: (1) Commercial uses prohibited (for residential PUDs); (2) Vegetation and topographic alteration other than routine maintenance prohibited; (3) Construction of additional buildings or storage of vehicles and other materials prohibited; and (4) Uncontrolled beaching of watercraft prohibited. c. Unless an equally effective alternative community framework is established, when applicable, all residential Planned Unit Developments must use an owners' association with the following features: (1) Membership must be mandatory for each dwelling unit or site purchaser and any successive purchasers; (2) Each member must pay a pro rata share of the association's expenses, and unpaid assessments can become liens on units or sites; (3) Assessments must be adjustable to accommodate changing conditions; and (4) The association must be responsible for insurance, taxes, and maintenance of all commonly owned property and facilities. 2. Open Space Requirements: Planned Unit Developments must contain open space meeting all of the following criteria: a. At least fifty percent (50%) of the total project area must be preserved as open space; b. Dwelling units or sites, road rights-of-way, or land covered by road surfaces, parking areas, or structures, except water oriented accessory structures or facilities, are developed areas and shall not be included in the computation of minimum open space; c. Open space must include areas with physical characteristics unsuitable for development in their natural state, and areas y(o y(0 containing significant historic sites or unplatted cemeteries; d. Open space may include outdoor recreational facilities for use by owners of dwelling units or sites, by guests staying in commercial dwelling units or sites, and by the general public; e. Open space may include subsurface sewage treatment systems if the use of the space is restricted to avoid adverse impacts on the systems; f. Open space must not include commercial facilities or uses, but may contain water oriented accessory structures or facilities; g. The appearance of open space areas, including topography, vegetation, and allowable uses, must be preserved by use of restrictive deed covenants, permanent easements, public dedication and acceptance, or other equally effective and permanent means; and h. The shore impact zone, based on normal structure setbacks, must be included as open space. For residential PUDs, at least fifty percent (50%) of the shore impact zone area of existing developments or at least seventy percent (70%) of the shore impact zone area of new developments must be preserved in its natural or existing state. For commercial PUDs, at least fifty percent (50%) of the shore impact zone must be preserved in its natural state. 3. Erosion Control And Storm Water Management: Erosion control and storm water management plans must be developed, and the PUD must: a. Be designed, and the construction managed, to minimize the likelihood of serious erosion occurring either during or after construction. This must be accomplished by limiting the amount and length of time of bare ground exposure. Temporary ground covers, sediment entrapment facilities, vegetated buffer strips, or other appropriate techniques must be used to minimize erosion impact on surface water features. Erosion control plans approved by a soil and water conservation district may be required if project size and site physical characteristics warrant; and b. Be designed and constructed to effectively manage reasonable expected quantities and qualities of storm water runoff. Impervious surface coverage within any tier must not exceed twenty five percent (25%) of the tier area; except that for commercial PUDs, thirty five percent (35%) impervious surface coverage may be allowed in the first tier of general development lakes with an y7 '47 approved storm water management plan and consistency with Subsection 13-4-6C of this chapter. 4. Centralization And Design Of Facilities: Centralization and design of facilities and structures must be done according to the following standards: a. Planned Unit Developments must be connected to publicly owned water supply and sewer systems, if available. On site water supply and sewage treatment systems must be centralized and designed and installed to meet or exceed applicable standards or rules of the Minnesota Department of Health and Subsections 13-4- 66 and H of this chapter. On-site sewage treatment systems must be located on the most suitable areas of the development, and sufficient lawn area free of limiting factors must be provided for a replacement soil treatment system for each sewage system; b. Dwelling units or sites must be clustered into one or more groups and located on suitable areas of the development. They must be designed and located to meet or exceed the following dimensional standard for the relevant shoreland classification: setback from the ordinary high water level, elevation above the surface water features, and maximum height. Setbacks from the ordinary high water level must be increased in accordance with Subsection E3 of this section for developments with density increases; c. Shore recreation facilities, including, but not limited to, swimming areas, docks, and watercraft mooring areas and launching ramps, must be centralized and located in areas suitable for them. Evaluation of suitability must include consideration of land slope, water depth, vegetation, soils, depth -to ground water and bedrock, or other relevant factors. The number of spaces provided for continuous beaching, mooring, or docking of watercraft must not exceed one for each allowable dwelling unit or site in the first tier (notwithstanding existing mooring sites in an existing commercially used harbor). Launching ramp facilities, including a small dock for loading and unloading equipment, may be provided for use by occupants of dwelling units or sites located in other tiers; d. Structures, parking areas, and other facilities must be treated to reduce visibility as viewed from public waters and adjacent shorelands by vegetation, topography, increased setbacks, color, or other means acceptable to the City Council, assuming summer, leaf -on conditions. Vegetative and topographic screening must be preserved, if existing, or may be required to be provided; e. Accessory structures and facilities, except water oriented W W accessory structures, must meet the required principal structure setback and must be centralized; and f. Water oriented accessory structures and facilities may be allowed if they meet or exceed design standards contained in Subsection 13-4-613 of this chapter and are centralized. G. Conversions: The City Council may allow existing resorts or other land uses and facilities to be converted to residential Planned Unit Developments if all of the following standards are met: 1. Proposed Conversions: Proposed conversion must be initially evaluated using the same procedures for residential Planned Unit Developments involving all new construction. Inconsistencies between existing features of the development and these standards must be identified. 2. Deficiencies: Deficiencies involving water supply and sewage treatment, structure color, impervious coverage, open space, and shore recreation facilities must be corrected as part of the conversion or as specified in the Conditional Use Permit. 3. Shore And Bluff: Shore and bluff impact zone deficiencies must be evaluated and reasonable improvements made as part of the conversion. These improvements must include, where applicable, the following: a. Removal of extraneous buildings, docks, or other facilities that no longer need to be located in shore or bluff impact zones; b. Remedial measures to correct erosion sites and improve vegetative cover and screening of buildings and other facilities as viewed from the water; and c. If existing dwelling units are located in shore or bluff impact zones, conditions are attached to approvals of conversions that preclude exterior expansions in any dimension or substantial alterations. The conditions must also provide for future relocation of dwelling units, where feasible, to other locations, meeting all setback and elevation requirements when they are rebuilt or replaced. 4. Existing Dwellings Or Sites: Existing dwelling unit or dwelling site densities that exceed standards in Subsection E of this section may be allowed to continue but must not be allowed to be increased, either at the time of conversion or in the future. Efforts must be made during the conversion to limit impacts of high densities by requiring seasonal use, improving vegetative screening, centralizing shore recreation facilities, installing new sewage treatment systems, or other means. (Ord. 108, 9-16.1"y) q9 419 L\•\ \M\ \\\\ \ WETLAND WETLAND 4 UPLAND AREA TO FPB UPLAND AREA FROM TOTAL LOT UPLAND LOT/BLOCK # (ACRES) FPB WETLAND AREA (ACRES) (ACRES) (A 411 0.99 0.16 / RBRPvgPo X" �\ 0.62 1.37 \ \ FB By O L\•\ \M\ \\\\ \ WETLAND WETLAND 4 LOTS 4&5, BLOCK 1 LOT AREA CALCS - 50 50 UPLAND AREA TO FPB UPLAND AREA FROM TOTAL LOT UPLAND LOT/BLOCK # (ACRES) FPB WETLAND AREA (ACRES) (ACRES) (A 411 0.99 0.16 1.15 511 0.75 0.62 1.37 LOTS 4&5, BLOCK 1 LOT AREA CALCS - 50 50 s__ Legend 0 Trail Connection to open space 0 Parking for Martin Meadows 51 Sppace/ Data OuOot f (Complete) (Complete) I Phase 1 Phase 2 FULL I I I"ha 64 acres 100 acres 75 acres Refer to Civil n• I S"Ith"It Cor I 61 acres 119 acres 305 acres Number of Lots 24 lots 46 lots 33 lots 32 lots 135 lots (By Others) Legend 0 Trail Connection to open space 0 Parking for Martin Meadows 51 Development Data (Complete) (Complete) Item Phase 1 Phase 2 Phase 3 Future Phases Total Gross Developable Area 64 acres 100 acres 75 acres 186 acres 425 acres Net Developable Area 40 acres 85 acres 61 acres 119 acres 305 acres Number of Lots 24 lots 46 lots 33 lots 32 lots 135 lots Lot Sizes Minimum: 1.5 acres 1.5 acres 1.5 acres 1.5 acres Maximum: 4.0 acres 5.0 acres 2.7 acres 15.6 acres Average: 2.5 acres 2.0 acres 2.1 acres 8.6 acres 1.0-1.499 acres: 0 lots 0 lots 0 lots 0 lots 0 lots 1.5-1.99 acres: 5 lots 33 lots 27 lots 10 lots 75 lots 2.0-2.49 acres: 6 lots 3 lots 4 lots 8 lots 21 lots 2.5+ acres: 13 lots 10 lots 2 lots 14 lots 39 lots Lot Widths Minimum: 100 feet 100 feet 100 feet 100 feet Maximum: 192 feet 550 feet 368 feet 562 feet Upland Lot Area Minimum: 1.0 acre 1.0 acre* 1.0* acres 1.3 acre Average: 1.6 acres 1.3 acres 1.6 acres 3.2 acres * Flexibility sought through PUD Density Density Average Gross Density (units/acre): 0.38 0.46 0.44 0.17 0.32** Net Density (units/acre): 0.60 0.54 0.54 0.27 0.44 ** Rule allows 0.40 units/acre Gross Density Legend 0 Trail Connection to open space 0 Parking for Martin Meadows 51 52 a 1 1 00 1 OPen Space h r 1 267. Future Typ n� Phases - 1 z 1 i ye, t o Future j Plias^ I Protect oundary 1 ji 125 ryse 4 Open r S ace/ BBtlet e li 3 Future Phase 1 1 Refer to Civil Eng. Exhibits 1.01.3 Southwest Connection Alternatives Exception 1 --—————---——-- — ler Future Round About (By others) .-iii•:c r Unsuitable Suitable Base Lots 14.1 Total Area Area Area Density 25.7 Tier (Acres) (Acres) (Acres) (# lots) 1 23.6 9.4 31.3 7.7 OtrtlotA 2 31.6 10.3 21.3 8.5 (Future " 3 33.0 11.6 21.4 8.6 4 27.6 4.3 23.3 9.3 Total 123.4 33.8 89.5 35.8 Phase 1 'sBlfi AvenU�4 -_ -- 5` e 0 yt%� Project Boundary hase 2 �l 'J d -About Bonus Base Density* Proposed (# lots) Lots 14.1 9 17.0 12 25.7 9 27.9 15 84.8 45 *Bonus Base Density: To Qualify: • Structure setbacks from the OHWL must be at least 50% greater than the minimum setback, or, • The impact on the waterbody is reduced an equivalent amount through vegetative management, topography, or additional acceptable means, and the setback is at least 25% greater than the minimum setback. Legend O Trail Connection to open space Q Parking for Martin Meadows S2 Open p. Item D.. Shoreland Overlay Development Gross Developable Area 139.3 acres Net Developable Area 94.1 acres Open Space Area 71.1 acres Number of Lots 45 Percent Open Space in Shoreland Overlay District 51% 51% Open Space - waterbody, shoreland setback, wetlands, wetland buffers, dedicated park/open space Trail Connection to open space Parking for Martin Meadows From code Section 13-4-9 (F)(2) b. Dwelling units or sites, road rights-of-way, or land covered by road surfaces, parking areas, or structures, except water oriented accessory structures or facilities, are devel- oped areas and shall not be included in the computation of minimum open space; c. Open space must include areas with physical characteristics unsuitable for develop- ment in their natural state, and areas containing significant historic sites or unplatted d. Open space may include outdoor recreational facilities for use by owners of dwell- ing units or sites, by guests staying in commercial dwelling units or sites, and by the general public; e. Open space may include subsurface sewage treatment systems if the use of the space is restricted to avoid adverse impacts on the systems; f. Open space must not include commercial facilities or uses, but may contain water oriented accessory structures or facilities; g. The appearance of open space areas, including topography, vegetation, and allow- able uses, must be preserved by use of restrictive deed covenants, permanent ease- ments, public dedication and acceptance, or other equally effective and permanent means; and h. The shore impact zone, based on normal structure setbacks, must be included as open space. For residential PUDs, at least fifty percent (50%) of the shore impact zone area of existing developments or at least seventy percent (70%) of the shore impact zone area of new developments must be preserved in its natural or existing state. For commercial PUDs, at least fifty percent (50%) of the shore impact zone must be preserved in its natural state. 53