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HomeMy WebLinkAbout2022.10.03 RESO 2022 - 66 PUD for Downtown HugoRESOLUTION 2022-66 APPROVING PUD GENERAL PLAN FOR DENNIS PROPERTIES, LLC, FOR "DOWNTOWN HUGO" ON PROPERTY LOCATED SOUTH OF 147TH STREET NORTH AND EAST OF HIGHWAY 61 (FOREST BOULEVARD NORTH) WHEREAS, Dennis Properties, LLC, has requested approval of a PUD general plan to allow the development of approximately 5 commercial buildings totaling on a 4.2 acre property legally described as follows: (See Attached) WHEREAS, the Planning Commission has reviewed the PUD general plan at a duly called Public Hearing and recommends approval, and; NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUGO, MINNESOTA, that it should and hereby does approve the request by Dennis Properties, LLC, subject to the following findings and conditions: 1.A PUD general plan is approved to allow the development of a restaurant and 4 commercial buildings. The development shall be constructed in accordance with the applications and plans received by the City on October 22, 2021, November 8, 2021, November 11, 2021, November 24, 2021, February 2, 2022, and March 18, 2022, except as amended by this resolution.2.Approval is contingent upon City Council approval of the requested PUD General Plan and preliminary plat.3.The PUD general plan is approved based on the following finding and that the proposed project is consistent with the City's Comprehensive Plan:a.The property was previously occupied with residential homes and commercial buildings, had impervious surface that exceeds the shoreland ordinance standards and had no treatment for run off into the lake. With this development stormwater management rules will be met including treatment for water quality.b.The construction of buildings on the site will not negatively impact Egg Lake. Based on review of the stormwater management plan, the proposed development will result in a 77% reduction in total phosphorous loading from the site to Egg Lake.c.There is a net improvement with development when phosphorous loads are considered and the existing habitat value of the uplands.d.The amount of impervious surface with the development does not exceed the pre-demolition condition.e.The promenade in the center of the development includes landscaping that exceeds ordinance standards and views to Egg Lake.f.The building design and materials exceed ordinance standards for commercial development. Resolution 2022-66 Page 2 g. The property is contaminated with asbestos and lead. The hazardous waste is proposed to be cleaned up with the development of the property and taken to a hazardous waste site. This will remove the hazards for getting into Egg Lake and the soils. h. The development has a creative layout and creates a traditional downtown atmosphere. The development improved the economic value of the community, while providing public access to an underutilized natural resource and preserving the wetland function on site. i. The development preserves and enhances the economic value and natural environment values and provides for thoughtful use of water and related land resources. j. The Central Business (C-1) zoning district anticipates intense commercial uses that will have increased impervious surface (up to 90%) and buildings that are close together to create a downtown atmosphere. The property is also in the Shoreland Overlay District of Egg Lake. Requiring the applicant to comply with the shoreland setback would have the effect of them only being able to use half of the property for redevelopment. Without the flexibility the applicant could only use approximately half of their property for redevelopment, therefore the property could not be put into reasonable use. The proposed use of the property is reasonable. k. The property is unique in that it is a narrow piece of land between Egg Lake and Highway 61. The strict application of the zoning code would limit the development the property. The site was previously developed with parking lots that do not comply with the shoreland setback, as well as other City zoning regulations. The applicants request is to redevelop and improve the condition of the property. 1. Placement of any structure on the property would be visible from Egg Lake. m. The property was previously occupied with residential homes and commercial buildings and had impervious surface that did not meet the shoreland ordinance standards. The character of the area will not be altered by the granting of the variance. n. The spirit and intent of the shoreland ordinance is primarily to keep the buildings and parking lots a reasonable distance from the lakes to protect them from pollution. The buildings do meet the required building setback for the shoreland district. The applicant is providing stormwater treatment which will reduce the runoff into the lake and improve water quality of the lake. It's in staff opinion that the granting of the variance would be keeping with the spirit and intent of the ordinance. 4. The developer shall comply with all conditions in the resolution for the preliminary plat(Resolution#2022-67) 5. The developer shall comply with all conditions in the City Engineer's letter dated September 1, 2022. Resolution 2022-66 Page 3 6. The developer shall comply with all items in the MnDOT letter dated September 9, 2022. All access points require a permit to be issued from MnDOT. 7. The applicant shall obtain all necessary local, state, and federal permits. 8. The docks shall be reviewed and approved by the MnDNR and the Technical Evaluation Panel (TEP). 9. PUD flexibility is granted to allow flexibility on the following: a. Shoreland regulations a. Allow structures to be 0 feet from the OHW of Egg Lake, where 75 feet is required by ordinance. b. Allow the maximum building height to be 27 feet where, 25 feet is required by ordinance. c. Allow the maximum impervious surface to be 46%, where 25 is required by ordinance. b. Parking regulations a. Allow a reduction in parking, but uses shall to be reviewed with each phase of development. c. Rear setback regulations a. Allow a rear yard setback of 0 feet, where 30 feet is required by ordinance. 10. The preliminary phasing plan is generally approved per plans dated March 18, 2022. Any major revisions to the phasing plan shall require PUD amendment. Minor modifications shall be reviewed and approved by staff. a. Phase 1 shall include: i. An approximately 6,888 square foot restaurant building. ii. All improvements shown in the phase 1 plan, including boardwalks. b. Phase 2 shall include: i. All improvements shown in the phase 2 plan, including and boardwalks. 11. Each phase be required to apply for PUD final plan, and other applicable applications, to be reviewed and approved by the City Council. 12. The building setbacks and impervious surface requirements for the development are as follows: Front Setback 10 feet min) Side Setback 0 feet min Resolution 2022-66 Page 4 Rear Setback 0 feet min) Lot 46% Impervious max 13. The developer shall have a commercial property owners association created to maintain the common areas, including parking, lighting, landscaping, and boardwalks. The association documents shall be reviewed and approved by staff. 14. Prior to final plat approval, the applicant must comply with the following conditions: Architecture a. Mechanical equipment for the commercial uses must be screened as shown on the plans. b. The developer shall submit a design palette (including material samples) for the entire project for City review and approval. The palette shall include colors for siding, shakes, shutters, shingles, brick and stone. Building colors and materials shall be harmonious throughout the development. c. Commercial building materials and architectural details shall be as shown on the plans. Architectural design guidelines shall be reviewed and approved by the City. Final plans must be submitted for review and approval by the City. d. A master sign plan must be submitted for review and approval by the City. The applicant must submit revised sign criteria to better regulate tenant signage according to the City's requirements. Parks and Trails e. The developer shall continue working with staff on a public access easement for the boardwalk area and connections to future trails as shown in the comprehensive plan. Streets,Access, and Parking f. The developer shall dedicate 8 feet of right-of-way to the City for Highway 61. g. The developer shall obtain any required permits from MnDOT for public improvement in the right-of-way. h. Cross access, shared parking, and maintenance agreements shall be recorded with the final plat for the shared private drives and parking. Resolution 2022-66 Page 5 i. An access easement shall be dedicated to the properties to the north and south for shared access as the properties redevelop. j. Staff will monitor the tenants within the development to ensure that adequate parking is provided as tenants are finalized. The parking space requirement will be reviewed and approved by the City for each phase of the PUD. k. The operations and maintenance plan for the permeable pavement shall be followed and completed. A stormwater maintenance agreement will be required for the permeable pavement. 1. The developer shall continue to work the design of the turning radius and geometrics of the parking and loading area on the north side of the property and it shall be reviewed and approved by staff. ADOPTED by the City Council this 3rd day of October,2022. omWeidt, Mayor ATTEST: Michele Lindau, City Clerk Shores of Oneka Lake All that part of the Northeast Quarter (NE%), lying East of Minnesota Highway No. 61 of Section No. 17, Township 31 North, Range 21 West, Washington County, Minnesota AND The East Half of the East Half of the East Half of the Northeast Quarter (E % of E % of E %of NE 1/4) of Section Number 17 (17), in Township Number Thirty-one (31) North of Range Twenty- one (21) West, containing Twenty (20) acres, more or less, according to the United States Survey thereof except the South rod thereof. AND Government Lot Six (6) in Section Sixteen (16), in Township Thirty-one (31) North, of Range Twenty-one (21) West, excepting therefrom the South One (1) rod thereof. Downtown Hugo That part of Lots 5, 7, 8, 9, 10, 11, 12, 13, 14, 15, and 16 all in COUNTY AUDITORS PLAT NO. 7, Washington County, Minnesota