Agenda - Council - 05/10/2005 - Laserfiche WebLink

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CASE #: q REQUEST FOR PRELIMINARY PLAT AND SITE PLAN APPROVAL OF RUM RIVER ESTATES; CASE OF NATIONAL GROWTH By: Megan Wald, Associate Planner Background: National Growth has applied for preliminary plat and site plan review to develop a residential Planned Unit Development (PUD) subdivision on the property generally located north of Potassium Street .and south of 157th Lane. The following items are enclosed for your information: a) Site location map b) Preliminary Plat/Site Plan c) Drat~t Planning Commission meeting minutes dated April 7, 2005 d) Letter dated April 6, 2005 from Sarah Pickhardt e) Staff Review Letter dated April 1, 2005, revised May 6, 2005 ~) Proposed preliminary plat resolution Observations: The subject property is 10 acres in size and zoned R-1 Single Family. City Code restricts density to three milts per acre or up to four units per acre through a PUD. The City Council will be reviewirig the Applicant's request to rezone the property from R-1 to PUD subsequent to this case. The request for a rezoning relates to the utilization of townhomes within the development and to address deviations from City Code related to setbacks and cul-de-sac length. The revised preliminary plat is proposing to develop 23 detachedtownhome units for a net density of 3.3 units per acre. It should be noted that when the Planning Commission revised the development at their regular meeting in April, the plat showed the development of 24 units. The plan was revised in order to accommodate a future public street connection to the south, Which resulted in the loss' of one unit. City Code requires developments utilizing townhomes within the R-1 district to be reviewed under the R-.2 standards. The development is meeting or exceeding the standards established in the R-2 district with the exception of the structure to structure setback. City Code establishes a 20 foot setback from structure to structure and the site plan is proposing a 15 foot setback. The preliminary plat is proposing to gain access from Potassium Street. The proposed public street is 1,005 feet in length, which exceeds the 600 foot cul-de-sac length restriction established in City Code. The proposed deviation will need to be approved.as part of the acceptance of the PUD rezoning. Tim City Attorney has determined that Potassium Street is a public street by virtue of it having been used and kept in repair for at least six years and thus pursuant to Minn. Stat. 160.05 is deemed dedicated to the public. However, Minn. Stat. 160.05 does not provide for the width of a dedicated street, but rather its width, is dictated by the area actually maintained by the City and used by the public. Steven Graf/under of Henningson & Snoxell attorneys at law, has been retained by several of the neighbors that l iv~; off of Potassium Street to address the width and location of the public street. City Staff and the City -257-