Item Coversheet

11.A.4.


Shakopee City Council
JuneĀ 20, 2017


FROM:Kyle Sobota, Senior Planner
TO:Mayor and Council Members
Subject:

Rezoning, Planned Unit Development Amendment, Conditional Use Permit, and Final Plat of West Vierling Acres Third Addition for Amcon Construction 

Policy/Action Requested:

Adopt Resolution No. 7905, which approves the Final Plat of West Vierling Acres Third Addition, a conditional use permit for an over-height structure, and a Planned Unit Development (PUD) Amendment to allow development of a 133-unit apartment building.  

 

Adopt Ordinance No. 965, which rezones the property from R-3 Multiple Family Residential to R-4, High Density Residential.

Recommendation:
Approve the action as requested.
Discussion:

Dennis Cornelius of Amcon Construction has applied for the rezoning of property from R-3, Multiple-Family Residential to R-4, High Density Residential, a Planned Unit Development Amendment, Conditional Use Permit for over-height structure, and a final plat to construct a 133-unit market rate apartment building.  

 

Zoning Discussion:

On June 21, 2016 the City Council approved the rezoning of this site to R-3, Multiple-Family Residential and the re-guiding of the site to High Density Residential, along with the re-zoning to B-1, Highway Business for the remainder of the site for commercial uses. 

 

On August 16, 2016 the City Coucnil approved the West Vierling Acres Planned Unit Development (PUD), which is anchored by a Hy-Vee store and the development of a 100-unit apartment building on this site.

 

The R-3 zone allows a maximum residential density of 14 units / acre. When this lot was created, Hy-Vee sized this lot to allow the development of a 100 unit apartment building at exactly the maximum of 14-units / acre. Because of the change in the design of the building and the number of units, a PUD Amendment and rezoning is required. The property is guided for high density residential development, as the R-3 zone is considered high density residential by the current comprehensive plan.

 

The density of the current proposal is 18.6 units / acre, which is well under the maximum density in the R-4 zone for this site at 28 units / acre. Since this property is part of a PUD, the City Council may choose to limit the number of units allowed to be developed on this site, regardless of what the zoning district allows. At the proposed density, staff supports re-zoning of the property.

 

 

 

 

The applicant has constructed a similar building in Blaine called "The Parkway Off Central" www.theparkwayoffcentral.com . The Parkway Off Central has a similar building design and elevation to this proposal, but has an outdoor pool. The website lists rents for the building in Blaine of:

 

  • $950 - $995 for a studio
  • $1,250 - $1,575 for a 1-Bedroom
  • $1,675 - $1,925 for a 2-Bedroom

Rents for this development have not been determined yet, and may not be identical to the project in Blaine, but are provided as a reference to a project recently opened by this developer with a similar building design to this proposal.

 

PUD Discussion:

Earlier this year the applicant applied for a PUD concept review for the development of a 130-unit apartment building. Both the Planning Commission and City Council reviewed the concept and provided feedback to the applicant. Concerns from commissioners, residents and the City Council were mostly related to landscaping and screening on the site and the extension of Harvest Lane.

 

Since the PUD concept review, the applicant has revised the floorplan by removing the three 3-bedroom units, in favor of additional one bedroom and studio units. The applicant made the change based on additional research on the Shakopee apartment market conditions. The footprint of the building is not impacted by this change, but the unit count increased from 130 to 133. The proposed unit count is:

 

  • 13 Studio Units
  • 72 One-Bedroom Units
  • 48 Two-Bedroom Units

 

The proposed plan has 120 indoor parking spaces and 149 outdoor parking spaces, for a parking ratio of 2.02 stalls per unit. City Code requires 2.15 spaces / unit for this site, which equates to 1.49 spaces / bedroom.

 

The applicant has additional space for proof of parking, increasing the available area for landscaping. Staff is comfortable with the applicant's proposal, and would even encourage a further reduction in parking spaces based on the unit mix of the building, which would allow for additional berming and landscaping.

 

The current plan shows a berm height of 4-5' between the northern part of the parking lot and 24 trees in this area. In the area adjacent to the stormwater pond, 29 trees are proposed to be planted to screen the Freedom Townhomes. During the original PUD review, there was significant discussion at the City Council about the landscaping between the grocery store and the apartment site, with a berm being recommended. The grades of the grocery store site are currently below the proposed apartment building due to accommodating the indoor parking. The current proposal is for 5' evergreen trees to be planted adjacent to the grocery store site and on the eastern berm. Staff is recommending that 7'-8' evergreens be planted in this area because of the grade difference. Staff also recommends larger evergreens on the eastern berm adjacent to the parking lot to provide more immediate screening to the adjacent residential lots. As proposed, the number of trees meets City Code requirements, but additional species of trees will be required to meet diversity requirements.

 

The applicant is also requesting a setback reduction to the southern lot line to allow the building to be shifted farther southwest on the lot. The R-4 zone has 50' specific setback to arterial roadways. Shifting the building further south allows for additional greenspace and landscaping to screen the surrounding existing land uses. The purpose of the 50' setback to allow for an adequate buffer between buildings and roadways for greenspace and landscaping. For this specific site, the lot line is 135' away from the traffic lane for the off-ramp. Staff believes a 165' separation from roadway is adequate spacing. The applicant is also proposing to add trees in the area between the building and the southern lot line.

 

The applicant is also proposing outdoor amenity areas away from the existing residential, these include a rooftop patio, and outdoor patio at ground level. Staff supports these amenities and their locations.

 

Conditional Use Permit Discussion:

The applicant is also seeking a conditional use permit for an over-height structure. The applicant is proposing a 46' tall building, where 45' is allowed. The applicant is seeking an additional foot because of grades for the parking level, and also to allow for 9' ceilings in units. The applicant is proposing a flat-roof building. The original PUD proposal for a 100-unit apartment building featured a pitched roof with a height of 47' at the mid-point of the roof, which was taller than this proposal. The applicant has provided a shadow study. Shadows from the building will not be cast on adjacent residential lots at the specified times in the shadow study.

 

Plat Discussion:

This lot is currently an outlot and requires a final plat to  be buildable. The applicant is not proposing any changes to the number of lots, or changes to the existing right-of-way of the extension of Harvest Lane. The northern lot to be owned by the developer, which is Outlot B of the first addition will be used for stormwater ponding. The Final Plat will need to be renamed to West Vierling Acres Third Addition, because the 2nd Addition (Hometown Bank lot) has now been recorded.

 

The temporary cul-de-sac for Harvest Lane located on the two adjacent single family lots would be removed by the developer and turf would be established. A pedestrian connection is required to be extended on the south and west side of Harvest Lane, and also from the apartment patio to the pedestrian access at the Hy-Vee store. The current proposed design must be adjusted to provide a better connection to the Hy-Vee sidewalk near the Hy-Vee drive thru.

 

Questions at the neighborhood meeting were raised about the extension of Harvest Lane to Vierling Drive. The initial traffic study for this development contemplated an access at Harvest Lane for this development. The City's Comprehensive Plan and zoning ordinance encourages street connectivity and limiting over-length cul-de-sacs. Harvest Lane was dedicated to the city with the intent of the extension for this development, instead of remaining as an over-length cul-de-sac.

 

The Orchard Park subdivision was platted with the intent of Harvest Lane being extended with a connection to Vierling Drive, as public street access to Adams Street would not be permitted because of the proximity to the Highway 169 interchange. All of Orchard Park gains access to Vierling Drive at the same location. Lots at the western end of Harvest Lane currently must travel 1/3 of a mile to exit the development at Vierling Drive, or the equivalent of 5 city blocks. The proposed extension of Harvest Lane is approximately 550' (less than 2 blocks) and allows the residents of Orchard Park the ability for closer public access to the Hy-Vee development, Lions Park, and Tahpah Park by means of a sidewalk and public roadway. The 90-degree curved roadway design limits the speed of vehicles traveling on the extension of Harvest Lane.

 

The proposed site does not have any available land for park dedication, so the applicant must pay the park dedication fee, which is set by the city fee schedule based on the number of dwelling units.

 

Planning Commission Recommendation:

At the June 8th Planning Commission meeting, the commission reviewed this request and gave a positive recommendation of the development of the site by a vote of 6-0.

 

Staff and the Planning Commission recommend that the City Council approve this request, subject to conditions set by the Planning Department, Parks and Recreation Shakopee Public Utilities, City Engineering Department, and Natural Resources.

Budget Impact:
N/A
ATTACHMENTS:
Description
Location / Aerial Photo
Applicant Narrative
Building Elevations / Shadow Study
Site Plan
Landscape Plan
Grading Plan
First Floor and Garage Plan
2nd & 3rd Floor Plan
4th Floor Plan
Final Plat
Engineering Memo
Natural Resources Memo
SPUC Memo
MVTA Memo
Ordinance No. 965
Resolution