Site Information
Applicant: D.R. Horton, Inc. - Minnesota
Property Owner: D.R. Horton, Inc. - Minnesota
Location: South of Hwy. 169, west of Marystown Rd. (17th Avenue extended)
Current Zoning: R-1B, R-2, & B-1 Zones

Adjacent Zoning: North: Hwy. 169
South: Urban Residential (R-1B) Zone
East: Highway Business (B-1) Zone/ Urban Residential (R-1B) Zone
West: Highway Business (B-1) Zone
Current Comp. Plan: Commercial, Medium Density & Single Family Residential
Lot Size: 76.6 Acres

D.R. Horton, Inc. - Minnesota has made application to Rezone property to R-1B, R-2, R-4 & B-1; Reguide property to Single Family, Medium Density & High Density Residential, and Commercial; Establish a PUD Overlay District for the proposed mixed use development, and approve the Preliminary Plat of Windermere. The subject property is approximately 77 acres, and is located south of Hwy. 169, west of Marystown Rd., directly west and north/west of 17th Avenue.

Presently, the property is guided as single-family & medium density residential and commercial, and is zoned R-1B, R-2, and B-1. The proposed project area introduces an R-4 (high density residential) element to the project, but overall there are a number of similarities to the previous project that D.R. Horton had submitted in 2008, which was never developed. Attached to this report is the applicant’s concept plan for this development that shows 197 residential lots, seven (7) commercial lots for future development, and one (1) lot for future multi-family development. Planning staff notes that the 13 single family lots proposed in the southwest segment of this project are acknowledged as future lots, and can not be final platted until such time that development occurs to the south and west of that property. Regarding the multi-family lot, the R-4 zoning district was adopted by the City Council in December of 2015, which would allow (with a density allowance) 14-28 units/acre. No project is proposed for this site at this time, and it will be platted as an outlot until future development proposals are submitted, as will the B-1 commercial outlots.

This property was part of the West End Study Area, which staff, the public, the Planning Commission and the City Council have reviewed and approved. The submitted Windermere project generally follows the approved plan, particularly concerning the location of commercial, multiple family and single family parcels. The road and trail alignments have been adjusted from the West End Study because of grades, in an effort to bring roads and trails/walks into compliance with City and County design standards, particularly regarding allowed slopes.

Elements of the project that the applicant is asking for specific approval (as part of the PUD) include the following:
1. 7 ½ foot minimum side yard setbacks in single family lots, were 10 feet is the minimum requirement.
2. Density of 10.5 units/acre in the townhome segments, where a maximum of 8 units/acre is the City Code requirement.
3. 7 unit townhome buildings, where 6 units is the maximum allowed by City Code.
4. 20-foot minimum front yard setbacks in the townhome lots, where 35 feet is the minimum requirement.
5. Any combination of 20 feet between townhome buildings (total), where 10 feet is the minimum side yard setback.
6. Right-of-ways and public streets widths less than the minimum requirements.
7. Street grades that exceed the maximum slope requirements.
8. Encroachment into the Bluff Impact Zone.

Considerations:
The City Council may grant a zoning ordinance amendment when it finds that one or more of the following criteria exists:

1. The original zoning ordinance is in error.
2. Significant changes in goals in community goals and policies have taken place.
3. Significant changes in city-wide or neighborhood development patterns have occurred.
4. The comprehensive plan requires another provision.

Staff believes revising the zoning for this property meets more than one of the criteria. As part of the West End Study, planning staff, the city's consultant, and the City Council all found that additional commercial areas are needed in this area and that city-wide goals have changed since the last comprehensive plan. This parcel was selected as a site for additional commercial & multi-family residential development. Additionally, there was support for an extensive trail network that will make use of the exceptional natural resources of this area that will establish a framework for connectivity between the residential neigborhoods and the commercial properties.

Staff, the applicant and outside agencies have spent considerable time reviewing and discussing this submittal. Several review agencies (City Engineering, Natural Resources, Parks & Recreation, SPUC, Scott County, and MnDOT) have provided comments and the applicant is working with the agencies to address their comments. The 8 (eight) elements that the developer is asking for approval as part of the PUD (noted above) do not create a hardship on the City and County long range plans for this area nor create a hardship on the specific neighborhoods of this development; therefore, there is support for granting approval of their requests.