Discussion:
Site Information
Applicant: CommonBond Communities
Property Owner: D.R. Horton, Inc. - Minnesota
Location: South of Hwy. 169, west of Marystown Rd., north of 17th Avenue
Current Zoning: Medium Density (R-2) Zone
Adjacent Zoning: North: Highway Business (B-1) Zone
South: Medium Density (R-2) Zone
East: Highway Business (B-1) Zone (Proposed)
West: Highway Business (B-1) Zone
Comp. Plan: Medium Density Residential
Lot Size: 3.25 Acres
Introduction
CommonBond Communities has made application to Rezone property to R-4; Reguide property to High Density Residential; a PUD Amendment for an apartment complex, and approve the Preliminary Plat of Windermere East 2nd Addition. The subject property is approximately 3.25 acres, and is located South of Hwy. 169, west of Marystown Rd., north of 17th Avenue.
Attached to this report is the applicant’s concept plan for this development, which conceptually shows 60 apartments on one (1) lot, and an outlot for future commercial development. 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. The proposed density of this project is 18.46 units/acre. The outlot to the north will be further platted as commercial lots in the future.
CommonBond, in existence for over 40 years, builds, owns and operates affordable housing developments throughout the Midwest. They are a long term owner and operator. The project is designed with brick and hardiplank and board. The building design meets or exceeds our multifamily design standards. CommonBond also works to assist their residents with training and assistance on site. They have been successful in locating positions for many of their tenants.
The location in Shakopee will be near to move up housing, parks, trails, schools and employment. In a community like Shakopee, tenants could be teachers, hospital personnel, employees of local grocers, disabled veterans, and retirees.
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. A smaller higher density development was approved originally in the West End plan but when the final plan was approved, the project was replaced with a lower density townhome project. Since that time, D.R. Horton has found less of a potential demand for townhomes and is in the process of reconfiguring the original concept with this development and the BHS proposal also on this agenda.
The project as proposed 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.
The only change they are requested from the city is a lower parking threshold. Based on their extensive experience, they have allowed for adequate parking and also have proof of parking designed to meet the current standard should that be necessary. The proposed parking lot design will meet the new tree and stormwater requirements.
The project will be required to pay Park Dedication of $267,000 as currently configured. It is recommended that those funds go into the proposed park improvements in Windermere.
Comments from the various departments and utilities are attached. The Applicant has agreed to meet any conditions or requirements.
Considerations
In amending a comprehensive plan, cities must follow the same procedure for adoption of a new plan. The planning commission must hold at least one public hearing on the amendment preceded by published notice. Metropolitan Council. Cities in the seven-county metro area must submit all amendments to their comprehensive plans to the Metropolitan Council for review.
Unless otherwise provided by charter or amendments to permit affordable housing development, all amendments to the comprehensive plan must be approved by a two-thirds vote of all of the city council. After a city has adopted a comprehensive plan, all future amendments to the plan must be referred to the planning commission for review and comment.
No plan amendment may be acted upon by the city council until it has received the recommendation of the planning commission, or until 60 days have elapsed from the date an amendment proposed by the city council has been submitted to the planning commission for its recommendation. In submitting review and comment to council, the planning commission serves in a strictly advisory role. The city council ultimately decides on the acceptance, rejection, or revision of the plan, and is not bound by planning commission recommendations.
Unless otherwise provided in a city charter, the city council may, by resolution and by a two-thirds vote of all of its members, adopt and amend the comprehensive plan or a portion of the plan. This means that on a five member council, the comprehensive plan must receive at least four affirmative votes. The one exception is that if the amendment is to permit affordable housing development, a simple majority of all members—or three out of five—is sufficient to amend the comprehensive plan.
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 review, planning staff, the city's consultant, and the City Council all found that city-wide goals have changed since the last comprehensive plan. This parcel was selected as a site for additional multi-family residential development. The change allows Windermere to build out as a mixed use community with a variety of housing types along with commercial development.