HomeMy WebLinkAbout10C - Prior Lk Ponds Prelim Pla
CITY COUNCIL AGENDA REPORT
MEETING DATE:
AGENDA #:
PREPARED BY:
REVIEWED BY:
DISCUSSION:
JULY 7, 2003
10C
CYNTHIA KIRCHOFF, AICP, PLANNER
JANE KANSIER, PLANNING COORDINATOR
CONSIDER APPROVAL OF A PRELIMINARY PLAT AND
CONDITIONAL USE PERMIT FOR PRIOR LAKE PONDS (Case File
#03- 24 & 25)
Historv: Farmington Development, Inc. is requesting approval of a
preliminary plat to subdivide 5.72 acres into 12 lots for 11 townhomes
and conditional use permit for a cluster town home development on
property located at 3810 154th Street (CSAH 82) and zoned R-1, Low
Density Residential for Prior Lake Pond Addition, which is located
east of Wensmann 3rd Addition and south of Regal Crest.
AGENDA ITEM:
Phvsical Site Characteristics:
Area: The property is 5.72 acres in area. The net area of this site,
less the 2.55 acre wetland, is 3.17 acres.
Existina Conditions: A single family dwelling and detached
accessory structure are present on the site. A large wetland extends
north and south along the west property line.
Topoaraphv: Site topography ranges from 954' at the northeastern
corner to 918' at the southwestern corner of the property.
Veaetation: Significant vegetation delineates the eastern edge of the
wetland and the southern and eastern property lines. Identified
significant species include spruce and ash. The project is subject to
the Tree Preservation requirements of the Zoning Ordinance. The
tree inventory submitted with the preliminary plat identifies 468 caliper
inches of trees on the property.
Wetland: A 2.55 acre wetland is present on the site. The
development does not propose to impact or alter the wetland.
Access: Access to the site is from CSAH 82 to the south and the
future extension of Majestic Lane to the north.
16200 Eri~q~ e~~~W1\B~~~~i,o~}gy fJ;~~~ M1fJWJ~<6'tk~:ff2~<a r7Pq%~~952) 447-4230 / Fax (952) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
2020 Comprehensive Plan Desianation: This property is
designated for Urban Low to Medium Density Residential (R-L/MD)
uses on the 2020 Comprehensive Plan Land Use Map, which
provides for densities up to 10 units per acre. Zoning associated with
this land use designation is R-1 (Low Density Residential).
MUSA: The entire site is located within the current MUSA boundary.
Zonina: The site is zoned R-1. Cluster housing is a conditional use
in the R-1 Use District. Based upon the minimum lot area, the R-1
district permits a maximum density of 3.6 units per acre.
Adiacent Existina Uses. land Use. and Zonina:
North
South
East
Existing Use Land Use
Desi nation
R-UMD
West
R-UMD
Zoning
Desi nation
R-1 (Low Density
Residential
R-1 (Low Density
Residential
R-1 (Low Density
Residential
R-1 (Low Density
Residential
R-UMD
R-UMD
PROPOSAL:
The applicant proposes to subdivide the property into 12 lots, 11 of
which are for attached single family dwellings. The property is zoned
R-1, which allows attached dwelling units as a single structure with a
conditional use permit provided the density does not exceed that of
the applicable zoning district.
Preliminarv Plat:
lots: The preliminary plat consists of 12 lots, 11 of which are for the
attached town homes. Each of the 11 lots platted for the attached
units are 32 feet in width, 90 feet in depth, and 2,880 square feet in
area. In the R-1 use district, the minimum lot area is 12,000 square
feet and the minimum lot width is 86 feet. However, this project is a
cluster townhome development, so net density, rather than lot area
and width, is utilized.
Lot 12 (common lot) is 4.5 acres, however, that includes the existing
wetland. Water bodies cannot be included to determine lot area.
Also, a drainage and utility easement is shown over portions of Lot 12.
It shall be extended over all of Lot 12 because of its status as an
"outlot."
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Density: The plan proposes 11 units on 5.72 acres. Density is based
on 3.17 buildable acres (net acres), which excludes the existing
wetland. The overall density proposed in this plan is 3.47 units per
acre. The proposed density is consistent with the 3.63 units per acre
permitted in the R-1 Use District.
Setbacks: In the R-1 Use District, the minimum front and rear yard
setbacks are 25 feet. Side yard setbacks are required to be a
minimum of 10 feet. The plans list the front yard and rear setbacks as
30 feet. These setbacks are incorrect. However, the proposed front
yard setbacks exceed 60 feet to accommodate walkout dwelling
styles, so listed setbacks are not an issue.
Lot Coveraae: The R-1 district allows a maximum building coverage
of 30 percent. The plans do not indicate the proposed building
coverage, but staff calculated it to be approximately 9.5 percent.
Also, based upon the zoning map, it appears as though Lots 1-3 are
within the boundaries of the shoreland overlay district, and thus
subject to the maximum 30 percent impervious surface coverage.
The applicant will have to demonstrate that buildings and driveways
do not exceed 30 percent of the site area.
Wetland: A 2.55 acre wetland is located on the westem portion of the
site. The subdivision ordinance requires the maintenance of a buffer
strip, which is measured from the ordinary high water level of the
wetland. The buffer strip may be a minimum of 20 feet in depth, but
must average 30 feet.
The plans indicate a 30 foot buffer strip but it is measured from the
edge of the delineated wetland, not the ordinary high water level. The
plans must be revised to comply with this requirement. Grading is
proposed in the wetland buffer for the construction of a NURP pond.
The ordinance permits the placement, maintenance, repair or
replacement of utility and drainage systems so long as adverse
impacts on the buffer strip have been avoided or minimized to the
extent possible. However, area graded in the buffer strip shall be
seeded or planted with native wetland vegetation, where possible or in
accordance with the standards for buffer strip vegetation in the Public
Works Design Manual.
The subdivision ordinance also requires a 30 foot building setback
from the 100 yearftood elevation of the wetland. The building wetland
setbacks are not indicated on the plan, however, based upon the
location of the lots, the structures will meet the required setback.
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Streets: As part of the subdivision, the developer is proposing to
construct a temporary cul-de-sac to serve the 11 units. The dedicated
right-of-way is 55 feet and the street width is proposed to be 26 feet.
However, upon development of the property to the east, the street will
be extended to the existing Majestic Lane, located in the Regal Crest
plat, to the north. As part of the development contract, the applicant
will be required to submit funds that will be held in escrow for the
future construction of the street to the property line.
Access to Adiacent Property: The applicant has prepared an ultimate
grading plan indicating the existing Majestic Lane will connect to the
proposed cul-de-sac or alignment through the property to the east,
which is not part of this development proposal.
CSAH 82: CSAH 82 is in the planning stages of a County
reconstruction project for 2004. The proposed Majestic Lane access
onto CSAH 82 is in an acceptable location. The subject development
will have full access until CSAH 82 is reconstructed. At that time,
Majestic Lane will become a right in/right out only. An access permit
will be required for the proposed road, and a right turn lane will be
required as part of this plat. However, due to the imminent
reconstruction of CSAH 82, Scott County recommends the City collect
the cost for this improvement from the applicant and hold funds in
escrow.
Gradina: Grading is proposed to accommodate the construction of
Majestic Lane and the NURP pond. In order to accommodate the
street, as located by the City and Scott County, the applicant is
showing a 25 foot grading easement on the property to the east. The
applicant must provide documentation of the easement prior to the
issuance of a grading permit.
Sanitary Sewer: Sanitary sewer will be extended from the existing
utilities located in CSAH 82.
Water Main: Water service will be extended from the existing line in
CSAH 82 to serve this site.
Storm Sewer: The proposed storm sewer system will direct runoff to
a NURP pond located adjacent to the existing wetland.
Tree Preservation/Mitiaation: According to the tree preservation
plan, there are 468 caliper inches of trees on the property. Section
1107.2106 of the Zoning Ordinance allows up to 25 percent of the
significant caliper inches to be removed for road and utility purposes,
and up to 25 percent for building pads and driveways. In this case,
the proposed subdivision removes 240 caliper inches (or 51 percent).
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However, the tree preservation plan includes species in the inventory
that are not considered "significant" by the ordinance, such as willow,
Box Elder and elm trees. These species should be deleted from the
inventory. Also, the total caliper inches to be removed for road and
utility purposes and building pads should be calculated separately for
staff review.
A tree inventory is required to be in map and tabular form. The
proposed tree preservation plan meets those requirements, however,
the table lists most of the tress as a range of inches, not a specific
size. The ordinance requires the tree inventory to include the size,
species, and condition of all significant trees, and a list of all
significant trees that will be removed due to development of the site.
The tabular listing indicates that 58 of the 64 inventoried spruce
species are "to be relocated or removed." However, the landscape
plan indicates that 33 spruce trees are to be "relocated." The tree
preservation plan and landscape plan must be consistent. With the
proposed tree preservation plan, staff is unable to determine whether
mitigation is necessary as a result of proposed tree removal. Also, 6
spruce trees located along the east property line are shown as
preserved. Four of these trees are located in the future extension of
Majestic Lane, so they should be either relocated or removed. The
tree preservation plan, including the tabular listing and map, must be
revised to be consistent with ordinance requirements, so that
mitigation can be properly determined.
If mitigation is necessary, the developer will be required to provide
security (e.g., letter of credit) for any replacement trees required as
part of the development contract.
Landscapina: Section 1107.1900 of the Zoning Ordinance specifies
minimum landscaping for multi-family residential projects that have 3
or more dwelling units per building, so this project would be subject to
these requirements. For residential projects, the ordinance requires
the greater of the following: 1 tree per unit or 1 tree per 40 feet of site
perimeter. Calculations based upon perimeter would require 50 trees.
The ordinance also requires entry plantings, which should include
trees and shrubs. There is no minimum for this requirement.
The landscape plan proposes 33 deciduous canopy or coniferous
trees, which include "relocated" spruce and ash trees. Based upon
ordinance requirements, 50 trees would be required for this
development. Thus, the proposal is deficient 17 trees. The plan also
indicates 10 shrubs along CSAH 82, which could be applied towards
the entry planting requirements.
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The landscape plan shall be revised to include a minimum of 50 trees,
in addition to proposed entry plantings, to satisfy minimum landscape
requirements. Species should be appropriate for the site, based upon
existing vegetation and the list of acceptable species included in the
tree preservation ordinance.
The developer will be required to provide security (e.g., letter of credit)
for required landscape plantings as part of the development contract.
Roadway Noise Attenuation: As part of their comments, Scott County
noted that noise issues will arise as traffic levels increase on CSAH
82, and that noise attenuation is the responsibility of the developer
and the City. The landscape plan indicates relocated spruce trees
and shrubs along CSAH 82 to act as a buffer. However, it is
recommended that the shrubs be clustered together and utilized for
the required entry plantings, so they cannot be used for noise
attenuation. The relocated spruce trees, placed appropriately, can be
utilized to address Scott County's concerns.
Parks: Section 1004.1000 of the Subdivision Ordinance requires 10
percent of the net area of the site to be dedicated for parkland. The
plans do not propose to dedicate parkland and the City does not
anticipate a park within this development, so the developer will be
required to pay a park dedication fee, which is currently $2,670.00 per
unit.
SidewalkslTrails: A sidewalk is not proposed in conjunction with this
development. However, staff recommends that a 5 foot wide sidewalk
be constructed to connect to the existing sidewalk in Regal Crest.
Sians: A signage plan was not submitted with the application. For
residential subdivision identification, the Zoning Ordinance permits a
maximum of two signs, not to exceed 50 square feet of sign area per
side with a maximum of two sides at each principle entrance to the
development. Since a drainage and utility easement will extend over
Lot 12, the common area, the applicant should submit a specific site
plan indicating the location of signage for preliminary approval. Any
signage will require a sign permit.
Liahtina: A street lighting plan was not submitted with the
application.
Phasina: A phasing plan was not submitted for this project.
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Cluster Housina:
Cluster housing is defined as "dwelling units attached in a single
structure, each having a separate private outdoor entrance. Dwelling
units may be located on individual lots or on a lot in common. Density
shall not exceed that of the applicable zoning district. Characteristics
may include a larger building mass and scale and larger
concentrations of paved surfaces than single family detached
dwellings." The application includes 2, 4 unit buildings and 1, 3-unit
building.
Section 1102.403(1) b. of the Zoning Ordinance requires that an
application for a cluster housing project shall demonstrate that a
superior development would result by clustering. The presence of a
superior development shall be determined by reference to the
following criteria:
1. The presence and preservation of topographic features, woods,
and trees, water bodies and streams, and other physical and
ecological conditions;
2. Suitable provisions for permanently retaining and maintaining the
amenities and opens space;
3. Locating and clustering the buildings to preserve and enhance
existing natural features and scenic views, aesthetically pleasing
building forms and materials, addition of landscaping to screen
development, recognition of existing development and public facilities,
and consistency with City goals and plans for the areas.
The most significant natural feature on this property is the wetland,
and the proposed development does not impact the wetland. Many of
the existing spruce trees are proposed to be relocated on the
property. In order to justify the approval of cluster development, the
applicant should exceed minimum landscape requirements, however.
The Zoning Ordinance specifies that cluster housing developments
shall (1) have no more than four dwelling units in a single building; (2)
maintain the density allowed in an "R-1" Single Family Residential
Use District; and (3) maintain 600 square feet of usable open space
for each dwelling unit. The proposal includes 2, 4 unit buildings and
1, 3 unit building and maintains 3.47 units per acre, which is
consistent with the maximum density of 3.63 units allowed in the R-1
use district. The plans do not indicate the amount of open space.
Based upon the number of units, 6,600 square feet should be
dedicated for open space.
Architectural Desian Standards: Section 1107.2202 of the zoning
ordinance requires minimum material standards for multiple family
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residential projects of 3 or more dwelling units per building.
Specifically, at least 60 percent of each building face visible from off-
site must be constructed with Class I materials. Wood or vinyl siding
and prefinished metal are considered Class I materials on residential
buildings containing 4 or fewer dwelling units.
The dwelling elevation plans indicate siding is planned on all
elevations with cultured stone accents on the front elevations. All
units are proposed to be walkout ramblers with 10 foot by 12 foot
decks. Proposed materials are consistent with ordinance
requirements.
Issues:
Preliminary Plat:
The applicant proposes to subdivide the property into 12 lots, 11 of
which are for attached single family dwellings. The overall layout of
the plat is appropriate given the access constraints to CSAH 82 and
the existing location Majestic Lane in the Regal Crest plat; however,
there are two issues with the proposal:
./ Proposed tree preservation should be revised to be consistent
with ordinance requirements. That is, consider only significant trees
and include exact caliper inches, not a range. Also, the tree
preservation and landscape plan should be consistent.
./ Proposed landscaping does not comply with minimum ordinance
requirements and should be revised to include a minimum of 50 trees,
which may include relocated trees.
Since the property abuts a county road, Scott County has jurisdiction
over the access and any roadway improvements. As a result of the
plat, the existing driveway must be eliminated and the new access
constructed for the subject development and the parcel to the east.
Also, the developer will be asked to construct a right tum lane. The
applicant will be required to submit funds to the City to be held in
escrow, because the necessity is a direct result of the development of
the site. Since Majestic Lane will only be constructed as a temporary
cul-de-sac at this time, the City will require the developer to provide
funds to be placed in an escrow account to complete the extension of
Majestic Lane to the east property line at the time the parcel to the
east develops.
Revised plans should also address the minimum 6,600 square feet of
required open space for a cluster development and the maximum 30
percent impervious surface coverage allowed due to the site's location
in the shoreland overlay district. Furthermore, the plans should
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indicate the wetland setback and proposed revegetation of the
wetland buffer due to the grading for the NURP pond.
Conditional Use Permit:
Section 1108.200 of the zoning ordinance sets forth the following
criteria for the review of a conditional use permit.
(1) The use is consistent with and supportive of the goals and
policies of the Comprehensive Plan.
The Comprehensive Plan seeks to provide opportunities for a variety
of affordable high quality housing and maintain a choice of and
encourage development of quality residential environments. The
proposal is an 11 unit townhome development, which is consistent
with the policy to "develop and maintain regulations that permit a mix
of housing types, sizes and price ranges to be provided throughout
the City."
(2) The use will not be detrimental to the health, safety, morals
and general welfare of the community as a whole.
A cluster townhome development will not be detrimental to the health,
safety, morals, and general welfare of the community, provided it
complies with conditions of approval.
(3) The use is consistent with the intent and purpose of the
Zoning Ordinance and the Use District in which the Conditional
Use is located.
The subject site is zoned R-1. The purpose of the R-1 use district is
to provide areas where the emphasis is on single family residential
development and for other uses that are compatible with the overall
low-density of these areas. The proposed units are attached single
family dwellings, and the density is consistent with low-density
development.
(4) The use will not have undue adverse impacts on
governmental facilities, services, or improvements which are
either existing or proposed.
The proposed townhome development will not have undue adverse
impacts on services. As part of development approval, the applicant
will be required to fund a right turn lane on CSAH 82.
(5) The use will not have undue adverse impacts on the use and
enjoyment of properties in close proximity to the conditional use.
Attached single family dwellings will not have an undue adverse
impact on the use and enjoyment of adjacent properties because the
properties to the west and north are also attached single family units.
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(6) The use is subject to the design and other requirements of
site and landscape plans prepared by or under the direction of a
professional landscape architect, or civil engineer registered in
the State of Minnesota, approved by the City Council and
incorporated as part of the conditions imposed on the use by the
City Council.
The plans have been prepared under the supervision of a civil
engineer registered in Minnesota.
(7) The use is subject to drainage and utility plans prepared by a
professional civil engineer registered in the State of Minnesota
which illustrate locations of city water, city sewer, fire hydrants,
manholes, power, telephone and cable lines, natural gas mains,
and other service facilities. The plans shall be included as part
of the conditions set forth in the CUP approved by the City
Council.
The plans have been prepared under the supervision of a civil
engineer registered in Minnesota.
(8) The use is subject to such other additional conditions
which the City Council may find necessary to protect the general
welfare, public safety and neighborhood character. Such
additional conditions may be imposed in those situations where
the other dimensional standards, performance standards,
conditions or requirements in this Ordinance are insufficient to
achieve the objectives contained in subsection 1108.202. In
these circumstances, the City Council may impose restrictions
and conditions on the CUP which are more stringent than those
set forth in the Ordinance and which are consistent with the
general conditions above. The additional conditions shall be set
forth in the CUP approved by the City Council.
The permit shall be subject to the conditions approved by the City
Council.
CONCLUSION:
Overall, the preliminary plat and conditional use permit applications
will comply with relevant ordinance provisions and City standards
provided all the conditions of approval are met. One of the major
issues pertaining to this development is how the property to the east
will develop if this proposal is approved as submitted. Staff has
worked with the developer to locate CSAH 82 access close to the
common interior property line so as to benefit the property to the east.
Scott County will not allow access on CSAH 21 for that property. As a
result, the proposed Majestic Lane provides access to both parcels.
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FISCAL IMPACT:
ALTERNATIVES:
RECOMMENDATION:
Budaet ImDact: There is no direct budget impact involved in this
request.
The City Council has the following alternatives:
1. Approve the Preliminary Plat and Conditional Use Permit subject
to conditions.
2. Deny the Preliminary Plat and Conditional Use Permit requests.
3. Table to a date specific, and provide the developer with direction
on the issues that have been discussed.
4. Other specific action as directed by the City Council.
The Planning staff recommends Alternative #1, subject to the
following conditions:
1. The applicant shall obtain a permit from Prior Lake-Spring
Lake Watershed District prior to approval of a grading permit.
2. The applicant shall address all engineering comments as
outlined in the memorandum from the Assistant City Engineer
dated June 16, 2003, and comments from WSB & Associates, Inc.
as outlined in a memorandum dated June 18, 2003.
3. The applicant shall enter into a development contract with
the City.
4. The applicant shall escrow funds to construct the extension
of Majestic Lane and a 5 foot sidewalk to the property line at the
time the parcel to the east develops.
5. The applicant shall escrow funds to provide for the
construction of a right turn lane on CSAH 82.
6. The applicant shall obtain permits from Scott County for
access and utility construction.
7. The applicant shall submit documentation of a grading
easement on the property to the east prior to the issuance of a
grading permit.
8. An average 30 foot buffer strip shall be maintained around
the perimeter of the wetland, measured from the ordinary high
water level. Disturbed areas within the buffer shall be
revegetated with native wetland plantings where feasible.
9. Wetland buffer monuments shall be installed as required by
the City and Prior Lake-Spring Lake Watershed District.
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10. All structures shall meet the 30 foot wetland setback.
11. A drainage and utility easement shall extend over Lot 12.
12. The tree preservation plan, including the tabular listing and
map, must be revised to be consistent with ordinance
requirements, so that mitigation can be properly determined.
13. The landscape plan shall be revised to include a minimum of
50 trees, in addition to proposed entry plantings, to satisfy
minimum planting requirements in the Zoning Ordinance.
Species should be appropriate for the site, based upon existing
vegetation and the list of acceptable species included in the tree
preservation ordinance.
14. The development shall comply with the maximum 30 percent
impervious surface coverage standard.
15. The development shall be subject to park dedication fees of
$2,670.00 per unit to be paid with the development contract.
16. The applicant shall demonstrate that 600 square feet of open
space has been provided per unit.
17. A 5 foot wide trail shall be constructed along the west side of
Majestic Lane to provide a connection to the existing trail in
Regal Crest.
18. A demolition permit shall be required prior to the demolition
of the existing structures on the site.
19. All signage shall require a sign permit. A site plan shall be
submitted for review prior to sign permit application, should
signage placed within the drainage and utility easement.
20. The applicant shall submit homeowner association
documents for review.
21. The applicant shall obtain required permits from all
applicable governmental agencies prior to final plat approval.
22. The final plat shall be submitted within 12 months of City
Council approval.
EXHIBITS:
1. Preliminary Plat Resolution 03-XX
2. Conditional Use Permit Resolution 03-XX
3. Location Map
4. Aerial Photo
5. Peliminary Plat and Plans
6. Townhome Plans
7. Engineering Department Memorandum dated June 16, 2003
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8. WSB & Associates, Inc. Memorandum dated June 18, 2003
9. Finance Director Memorandum dated May 6, 2003
10. Scott County Public Works letter dated May 19, 2003
11. Prior Lake-Spring L ke Watershed District comments dated
une 1 , 20
REVIEWED BY:
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EXHBIT 1
RESOLUTION 03-XX
RESOLUTION OF THE PRIOR LAKE CITY COUNCIL APPROVING THE PRELIMINARY PLAT OF
"PRIOR LAKE POND ADDITION" SUBJECT TO THE CONDITIONS OUTLINED HEREIN.
MOTION BY:
SECOND BY:
WHEREAS: The Prior Lake Planning Commission conducted a public hearing on June 23, 2003, to
consider an application from Farmington Development for the preliminary plat of Prior
Lake Pond Addition; and
WHEREAS: Notice of the public hearing on said preliminary plat has been duly published and posted
in accordance with the applicable Minnesota Statutes and Prior Lake Ordinances; and
WHEREAS: All persons interested in this issue were afforded the opportunity to present their views
and objections related to the preliminary plat of Prior Lake Pond Addition for the record
at the public hearing conducted by the Planning Commission; and
WHEREAS: The Planning Commission and City Council have reviewed the preliminary plat
according to the applicable provisions of the Prior Lake Zoning and Subdivision
Ordinances and found said preliminary plat to be consistent with the provisions of said
ordinances; and
WHEREAS The Prior Lake City Council considered an application for preliminary plat approval of
Prior Lake Pond Addition on July 7,2003; and
WHEREAS: The City Council has the authority to impose reasonable conditions on a preliminary
plat.
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PRIOR
LAKE, MINNESOTA:
A. The above recitals are incorporated herein as if fully set forth.
B. The preliminary plat of Prior Lake Pond Addition is approved subject to the following conditions:
1. The applicant shall obtain a permit from Prior Lake-Spring Lake Watershed District prior to approval of
a grading permit.
2. The applicant shall address all engineering comments as outlined in the memorandum from the
Assistant City Engineer dated June 16, 2003, and in the memorandum from WSB & Associates, Inc.
dated June 18, 2003.
3. The applicant shall enter into a development contract with the City.
4. The applicant shall escrow funds to construct the extension of Majestic Lane and a 5 foot sidewalk to
the property line at the time the parcel to the east develops.
16200 Eagle Creek Ave. S.E.iPrior Lake, Minnesota 55372-1714 / Ph. (952) 447-4230 / Fax (952) 447-4245
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AN EQUAL OPPORTUNITY EMPLOYER
5. The applicant shall escrow funds to provide for the construction of a right turn lane on CSAH 82.
6. The applicant shall obtain permits from Scott County for access and utility construction.
7. The applicant shall submit documentation of a grading easement on the property to the east prior to the
issuance of a grading permit.
8. An average 30 foot buffer strip shall be maintained around the perimeter of the wetland, measured from
the ordinary high water level. Disturbed areas within the buffer shall be revegetated with native wetland
plantings where feasible.
9. Wetland buffer monuments shall be installed as required by the City and Prior Lake-Spring Lake
Watershed District.
10. All structures shall meet the 30 foot wetland setback.
11. A drainage and utility easement shall extend over Lot 12.
12. The tree preservation plan, including the tabular listing and map, must be revised to be consistent with
ordinance requirements, so that mitigation can be properly determined.
13. The development shall comply with the maximum 30 percent impervious surface coverage standard.
14. The development shall be subject to park dedication fees of $2,670.00 per unit to be paid with the
development contract.
15. A 5 foot wide trail shall be constructed along the west side of Majestic Lane to provide a connection to
the existing trail in Regal Crest.
16. A demolition permit shall be required prior to the demolition of the existing structures on the site.
17. The applicant shall obtain required permits from all applicable governmental agencies prior to final plat
approval.
18. The final plat shall be submitted within 12 months of City Council approval.
Passed and adopted this 7th day of July, 2003.
Haugen Haugen
Blomberg Blomberg
LeMair LeMair
Petersen Petersen
Zieska Zieska
YES NO
{Seal} Frank Boyles, City Manager
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EXHIBIT 2
CONDITIONAL USE PERMIT
RESOLUTION 03-XX
APPROVING A CONDITIONAL USE PERMIT FOR A CLUSTER TOWN HOME DEVELOPMENT TO
BE KNOWN AS "PRIOR LAKE POND ADDITION"
MOTION BY:
SECOND BY:
WHEREAS, The Prior Lake Planning Commission conducted a public hearing on June 23, 2003, to
consider an application from Farmington Development for a cluster townhome
development, which is a Conditional Use in the R-1 use district; and,
WHEREAS, Notice of the public hearing on said Conditional Use Permit has been duly published in
accordance with the applicable Prior Lake Ordinances; and
WHEREAS, The Planning Commission proceeded to hear all persons interested in this issue and
persons interested were afforded the opportunity to present their views and objections
related to the Conditional Use Permit; and
WHEREAS, The City Council considered the application for a Conditional Use Permit at its regular
meeting on July 7, 2003; and
WHEREAS, The Planning Commission and City Council find the Conditional Use Permit in harmony
with both existing and proposed development in the area surrounding the project; and
WHEREAS, The Planning Commission and City Council find the proposed Conditional Use Permit is
compatible with the stated purposes and intent of the Zoning Ordinance as they relate
to Conditional Use Permits, and further, that the proposed cluster townhome
development meets the criteria for approval as contained in Section 1102.403 (1) of the
Zoning Ordinance.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF PRIOR LAKE:
A. The recitals set forth above are incorporated herein.
B. The City Council hereby adopts the following findings:
(1) The use is consistent with and supportive of the goals and policies of the Comprehensive
Plan.
The Comprehensive Plan seeks to provide opportunities for a variety of affordable high quality
housing and maintain a choice of and encourage development of quality residential environments.
The proposal is an 11 unit town home development, which is consistent with the policy to "develop
and maintain regulations that permit a mix of housing types, sizes and price ranges to be provided
throughout the City."
1:\03 files\03 subdivisions\03 prelim plat\prior lake ponds\cup resolution.doc Page 1
16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (952) 447-4230 / Fax (952) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
(2) The use will not be detrimental to the health, safety, morals and general welfare of the
community as a whole.
A cluster townhome development will not be detrimental to the health, safety, morals, and general
welfare of the community, provided it complies with conditions of approval.
(3) The use is consistent with the intent and purpose of the Zoning Ordinance and the Use
District in which the Conditional Use is located.
The subject site is zoned R-1. The purpose of the R-1 use district is to provide areas where the
emphasis is on single family residential development and for other uses that are compatible with the
overall low-density of these areas. The proposed units are attached single family dwellings, and the
density is consistent with low-density development.
(4) The use will not have undue adverse impacts on governmental facilities, services, or
improvements which are either existing or proposed.
The proposed town home development will not have undue adverse impacts on services. As part of
development approval, the applicant will be required to fund a right turn lane on CSAH 82.
(5) The use will not have undue adverse impacts on the use and enjoyment of properties in
close proximity to the conditional use.
Attached single family dwellings will not have an undue adverse impact on the use and enjoyment
of adjacent properties because the properties to the west and north are also attached single family
units.
(6) The use is subject to the design and other requirements of site and landscape plans
prepared by or under the direction of a professional landscape architect, or civil engineer
registered in the State of Minnesota, approved by the City Council and incorporated as part
of the conditions imposed on the use by the City Council.
The plans have been prepared under the supervision of a civil engineer registered in Minnesota.
(7) The use is subject to drainage and utility plans prepared by a professional civil engineer
registered in the State of Minnesota which illustrate locations of city water, city sewer, fire
hydrants, manholes, power, telephone and cable lines, natural gas mains, and other service
facilities. The plans shall be included as part of the conditions set forth in the CUP approved
by the City Council.
The plans have been prepared under the supervision of a civil engineer registered in Minnesota.
(8) The use is subject to such other additional conditions which the City Council may find
necessary to protect the general welfare, public safety and neighborhood character. Such
additional conditions may be imposed in those situations where the other dimensional
standards, performance standards, conditions or requirements in this Ordinance are
insufficient to achieve the objectives contained in subsection 1108.202. In these
circumstances, the City Council may impose restrictions and conditions on the CUP which
are more stringent than those set forth in the Ordinance and which are consistent with the
general conditions above. The additional conditions shall be set forth in the CUP approved
by the City Council.
The permit shall be subject to the conditions approved by the City Council.
C. Section 1102.403 (1) lists the specific criteria for a cluster housing development in the R-1 district.
These criteria are discussed below:
(1) No more that four dwelling units are incorporated in a single building;
The proposal includes 2, 4 unit buildings and 1, 3 unit building.
1:\03 files\03 subdivisions\03 prelim plat\prior lake ponds\cup resolution.doc
Page 2
(2) The density of development shall not exceed the density allowed in an "R-1" Single Family
Residential Use District;
The proposed density is 3.47 units per acre, which is consistent with the maximum density of 3.63
units permitted in the R-1 use district.
(3) There shall be 600 square feet of usable open space for each dwelling unit.
The plans do not indicate the amount of open space. Based upon the number of units, 6,600
square feet should be dedicated for open space.
D. The Conditional Use Permit is hereby approved on the property legally described as follows:
The West 593.80 feet of the South 28 rods of the North 72 rods of the Southeast Quarter of the Northeast
Quarter of Section 34, Township 115, Range 22, Scott County, Minnesota. Except that part described as
follows: Beginning at the intersection of the west line of said Southeast Quarter of the Northeast Quarter and
the south line of the north 728.00 feet of said Southeast Quarter of the Northeast Quarter; thence on an
assumed bearing of the North 89 degrees 29 minutes 24 seconds East, along said south line, a distance of
200.00 feet; thence South 37 degrees 51 minutes 36 seconds West, a distance of 318.86 feet, to said west
line; thence North 00 degrees 59 minutes 06 seconds West, along said west line, a distance of 250.00 feet, to
the point of beginning.
E. The Conditional Use Permit for a cluster town home development is hereby approved subject to the
following conditions:
1. The Preliminary Plat for Prior Lake Pond Addition must be approved by the City Council.
2. Upon final approval, the developer must submit two complete sets of full-scale final plans and
reductions of each sheet. These plans will be stamped with the final approval information. One
set will be maintained as the official Conditional Use Permit record. The second set will be
returned to the developer for their files.
3. The landscape plan shall be revised to include a minimum of 50 trees, in addition to proposed
entry plantings, to satisfy minimum planting requirements in the Zoning Ordinance. Species
should be appropriate for the site, based upon existing vegetation and the list of acceptable
species included in the tree preservation ordinance.
4. The applicant shall demonstrate that 600 square feet of open space has been provided per unit.
5. All signage shall require a sign permit. A site plan shall be submitted for review prior to sign
permit application, should signage placed within the drainage and utility easement.
6. The applicant shall submit homeowner association documents for review.
CONCLUSION
Based upon the Findings set forth above, the City Council hereby grants a Conditional Use Permit for
the cluster townhome development to be known as "Prior Lake Pond Addition." The contents of
Planning Case Files #03-024 is hereby entered into and made a part of the public record and the record
of the decision for this case.
1:\03 files\03 subdivisions\03 prelim plat\prior lake ponds\cup resolution.doc
Page 3
Passed and adopted this 7th of July, 2003.
YES NO
Haugen Haugen
Vacant Vacant
Gundlach Gundlach
Petersen Petersen
Zieska Zieska
{Seal} Frank Boyles, City Manager
1:\03 files\03 subdivisions\03 prelim plat\prior lake ponds\cup resolution.doc
Page 4
Location Map for
Prior Lake Pond Addition
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154TH ST NW
154TH ST NW
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EXHIBIT 7
DATE: June 13,2003
TO: Jane Kansier, Planning Coordinator
FROM: Larry Poppler, Assistant City Engineer
CC: Sue McDermott, City Engineer
RE: Prior Lake Pond Addition (City Project #03-36)
The Engineering Department has reviewed the Preliminary Plat for the subject project
and we have the following comments:
General
1. A geotechnical report is needed to verify the street typical section.
2. A profile for street and utilities is needed to analyze street grades and potential
utility conflicts.
3. Provide notes on the plans as required in the "Public Works Design Manual".
4. Specify the type of pipe to be used.
5. Developed parcels shall have their address shown on the plan.
Grading
1. There is grading shown off of the property. Easements will be required. Show
documentation that easements have been obtained. Show easements on the
plans.
2. Show detailed information of the connection of CSAH 82 and Majestic Lane.
Storm WaterlWetland
1. No wetland impacts are proposed as part of this development. However, there is
a large wetland complex within the site. The wetland delineation report needs to
be submitted to the City for review and approval of the delineation.
2. The emergency overflow (EOF) locations and elevations must be added to the
plans for all rear-yard conveyance channels, street saddle points, and storm
sewer catch basins.
3. We are currently reviewing the storm water calculations and will provide
comments Additional comments by Friday June 20th 2003.
.
C: \ WINDOWS\ Temporary Internet Files\OLK6IF 1 \review2 061303.DOC
Watermain
1. Show more detail for the watermain connection on CSAH 82. Provide casing
pipe under CSAH 82 and show roadway edges.
Streets
1. Show street stationing and curve data for horizontal and vertical curvature.
2
EXHIBIT 8
.
WSB
& ~.Jnc.
Memorandum
To:
Sue McDermott, P.E., City Engineer
City of Prior Lake
From:
Andi Moffatt
Derek Knapp, P.E.
WSB & Associates, Inc.
Date:
June 18,2003
Re:
Review of Prior Lake Pond Addition Development
WSB Project No. 1430-32
As requested, we have completed our water resource review of the plans and hydrologic
calculations dated June 6, 2003 and received June 9, 2003 for the Prior Lake Pond
Addition Development. Based on our review, we offer the following comments:
Wetland Review Comments
I. A wetland delineation report dated June 6, 2003 has been submitted for review.
Based on the information in the report and the aerial photos for the site, this
wetland delineation is acceptable.
2. The plans show riprap at the outfall of the storm water pond encroaching into the
wetland. This impact needs to either be removed or minimized to less than 400ft2
of wetland impact. lfless than 400ft2 of wetland will be impacted, a Certificate of
Exemption needs to be completed by the applicant and submitted to the City.
3. The required 30-foot buffer is shown on the plans. However, grading for the
storm water pond is shown within the buffer and this will cause removal of
existing vegetation. Sheet C-5 shows seeding all disturbed areas with MnlDOT
50A. This seed mix needs to be changed for seeding areas within the buffer to
MnlDOT 30B- WF at a rate of 60 lbs/acre, or other suitable buffer mix.
Hvdrolo1!:iclHvdraulic. Water Quality. and Gradin1!: Comments
I. A significant drainage plan modification was made from previously submitted
plans. The previously proposed method of utilizing a Stormceptor sump manhole
for water quality treatment and on-site storm sewer restrictions for rate control
~ .
June 18,2003
Page 2 of2
have been abandoned in favor an on-site NURP-style pond. This modification
eliminated many of our previous concerns.
However, concerns still exist regarding emergency overflow route flows. The
plans, subwatershed figures, and calculations do not include any off-site flows,
especially from the northeast extension of Majestic Lane. These off-site flows
may be significant and should be included in site drainage calculations.
2. The emergency overflow path to the southeast near the south property boundary is
not defined An EOF elevation of 933.52 is shown, but the means of conveying
overflow runoff from the street across the 4: I side slope should be identified.
3. The stormwater calculations utilize SCS Type "A" soils for all undisturbed areas.
It is recommended the developer submit documentation of this soil type (borings,
soils survey, etc.). Artifically low SCS curve numbers for "A" soils could
produce flows less than actual and lead to an under-capacity storm sewer design.
4. CB Labels should be added to the plans and correspond to CB calculations.
5. The pond NWL and HWL should be clearly shown on the plans.
6. The emergency overflow (EOF) location and elevation needs to be added to the
plans for the proposed NURP basin.
7. Silt fence is needed between all graded areas and the NURP pond HWL,
specifically along the entire east and south pond edges.
8. It should be noted by the City that off-site grading is proposed along the east site
boundary .
9. The extension of Majestic Lane appears to create a vertical slope of
approximately 6.4%. The vertical slope of the road should be evaluated with
respect to grade and potential connections from the east.
This concludes our review of these plans. If you have any questions or need additional
information, please feel free to call me at (763)287-7196.
c. Dave Hutton, P.E., WSB
· F:\WPWINl143IJ-31'.06181J3sm-pl pond addn.doc
EXHIBIT 9
INTEROFFICE MEMORANDUM
TO:
FROM:
RE:
DATE:
PLANNINGIENGINEERING
Ralph Teschner, Finance Director
PRIOR LAKE POND ADDITION -
Preliminary
(assessment/fee review)
May 6, 2003
A 5.72 acre parcel comprising PIN #25 934 002 1 is proposed to be developed as Prior Lake
Pond Addition. This area has received no prior assessments for City municipal utilities.
Since utilities are available to the property site, the cost for the extension of services internally
will be the responsibility of the developer. In addition to these improvement costs, the
subdivision will be subject to the following City charges:
Park Dedication
Collector Street Fee
Stormwater Management Fee
Trunk Sewer & Water Fee
$2670.00/unit
$ 1500.00/acre
$2943.00/acre
$3500.00/acre
The application of applicable City development charges would generate the following costs to
the developer based upon a net lot area calculation of 3.60 acres of single family units as
provided within the site data summary sheet of the preliminary plat description:
Cash Park Dedication:
11 units @ $2670.00/unit = $29,370.00
Collector Street Fee:
3.60 acres @ $1500.00/ac = $5,400.00
Storm Water Management Fee:
3.60 acres @ $2943/ac = $10,595.00
Trunk Sewer & Water Charge:
3.60 acres @ $3500.00/ac = $12,600.00
Assuming the initial net lot area of the preliminary plat does not change, the above referenced
storm water, collector street, trunk and lateral sewer and water charges would be determined and
collected within the context of a developer's agreement for the construction of utility
improvements at the time of final plat approval.
There are no other outstanding special assessments currently certified against the property. Also,
the tax status of the property is current with no outstanding delinquencies.
H:\SPLlTSIPriorlakepond. DOC
16200 Eagle Creek Ave. S.E., Prior Lake. Minnesota 55372-1714 / Ph. (952) 447-4230 / Fax (952) 447-4245
.A.N EQUAL OPPORTUNITY EMPLOYER
.
SCOTTT COUNTY PUBLIC WORKS DIVIIE~HIBIT 10
HIGHW A Y DEPARTMENT . 600 COUNTRY TRAIL EAST . JORDAN, MN 55352-9339
(952) 496-8346 . Fax: (952) 496-8365 'www.co.scott.mn.us
LEZLlE A. VERMILLION
PUBLIC WORKS DIRECTOR
BRADLEY J. LARSON
COUNTY HIGHWAY ENGINEER
May 19,2003
Jane Kansier
City of Prior Lake
16200 Eagle Creek Avenue
Prior Lake, MN 55372
RE: Preliminary Plat - Prior Lake Pond Addition
Dear Jane:
We have reviewed the preliminary plat for Prior Lake Pond and offer the following comments:
. CSAH 82 is in the planning stages of a County reconstruction project for 2004. The proposed Majestic Lane
access onto CSAH 82 is in an acceptable location. The development will have full access until CSAH 82 is
reconstructed. At that time, Majestic Lane will become a right in/right out only. An access permit will be
required for the proposed road.
. A right turn lane will be required as part of this plat. However, due to the imminent reconstruction ofCSAH 82
we recommend the City collect the cost for this improvement from the developer. The City would put what was
collected towards the installation of a right turn lane when CSAH 82 is reconstructed.
· How will the future road connection between the two Majestic Lane cul-de-sacs be funded? Is the developer
escrowing money for this connection to be accomplished?
· The existing driveway to the property shall be completely removed from the County right-of-way and graded to
match the existing ditch.
. Any work within the County right-of-way shall require a utility permit.
. No ponding, berming, signing, landscaping shall be located within the County right-of-way.
· Noise issues will arise as traffic increased on CSAH 82. Noise attenuation is the responsibility of the City and
developer.
Thank you for the opportunity to comment. If you have any questions, please feel free to contact me.
Sincerely,
~
Craig Jenson
Transportation Planner
"
Ernail: Greg Ilkka, Assistant County Engineer
Sue McDermott, City of Prior Lake
C:\Documents and Settings\Jane\Local Settings\Ternporary Internet Files\OLK4\PLpriorlkpds.doc
Prior Lake Spring Lake Watershed District
\
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r"':EXHIBI"T 11
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To: Grant Jacobson, Farmington Development
Fa.'\:: 952-469-4624
17 June 2002
Copy by fa" to Jane Kansier at City of Prior Lake, 4474245
From: Jim Eggen, PLSLWatershed Dist., 952-447-4166, fax-952-447-4167
Re: Application # 03.08 for Prior Lake Pond Addition
1. Provide a subwatershed map Showing the subwatersheds used in Hydrocad model, for existing
conditions, both on and adjacent to the site
2. Provide a S'..lb .....ate::shed map showing the sub ~'atersheds used in Hydrocad model, for
proposed conditions> both on and adjacent to the site.
3. WiIl the property to the north become a larger contributing sub watershed under proposed
conditions? A comparison of the above two maps should answer this Q.
4. I don't bow that I have yet received a list oflandoYfners within 500 feet of the site. Please
obtain it from a licensed abstractor in the fonn of sticky mailing labels,
5. Provide a back-pitched bench for infiltration. See attached conceptual sketch pro",'jded bY'
Wenck (PLSL WD District engineer). We prefer to see such an area separate from the pood, to
minimize the build-up of fin.es in the infiltration area.
6. Direct stonn ,vater nmofffrom units 8 -11 into the storm water pond, or or.hern'ise provide
treatment for this nmotI For example, can you grade a swale (a.') a north ~1ension from the pond
axea), to intercept this RO and convey it to the pond, rather than Jetting it go directly to the
'wetland ?
7. Prov.ide silt fence around the NWL of the pond.
g. There may be a problem ",jth erosion onrbe sides of the buildings, i.e. a~ong the south ,,:all of
uni,t 1. between units 4 & 5, between units 8 & 9 and along north wall of unrt 11. Ad~ erosIon,
contr~l in these swales, such as cuIYed segmeI?~ of.silt fence, check bal:s, etc. COllSlder multiple
segments of erosion control in these areas, antJClparmg that these may become problem aretlS.
. . d difons Include cO!1.!lli!rable numbers, i.e.
9. Provide a table of eXlstmg and propos~ ~~~d r:moir to wetland. "Outflow from pond" is not
ex;,-ting nmoffto wetland compared to ~ op 1 d? (the existing and proposed sub watershed bl
necessarily comparable t? the ru~offto e wet ~ ective ~n tbjs). Whatever :~s. of campara e
maps requested above, \,,11 pr~l~~S:~~~ ~a! runoff rates Q.o not ~ceed ~1S(~~ 1 cis) are
b . ou give US be sure ,"ue) 0 b ...-..Jlbr small dIfferences, . . .
Dum ers y , 1 D 1 Howev~, SItUlH Dpl11 er~ ~ .,nt re lower than exJstlng
condit~ons"; refer .ton! ~ ~e \o~Ol~t to ie~ that tho 10' IftIJ. t IJO yr evlJ s a
insigOJficant. Mat ~, '" . "
conditions.
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10. The following comments are recycled .from comments previously sent and are still
applicable:
Please pro\oide a summary table of volumes and rates, for both existing and proposed
conditions, the 2, 10 and 100 year events.
Drawing shows some significant grading and future road construction off-site (NE, E and
South). Docs the applicant have easements or other rights for these features? (The
District avoids approving of projects which seem to grant permission to others on third
parties' property).
Plans should account for a larger drainage area then currently shown (and included in the
calculations?). TIlls question seems especially imporL:lItt assuming you will want or need
a more acceptable road and associated area in the NE corner area, especially when the
road is eventually connected to Majestic in tbe adjacent development.
11. Refer to previous comments sent, dated 3-20-03 and 5-7-03.
12. Be sure any info you send to PLSL WU for consideration as part of your permit application is
in writing to PLSL WD. We generally cannot accept info addressed to others or not in writing
(e.g. future right-of-way offNE corner of site - do we know that you have or will have that
easement?).
13. Do you plan that there will be a homeowners association for this project? The District
~prefer that so tha:t we can eventually have the below-mentioned document pennanenlly in
their name rather than yours.
The application remains incomplete and inadequate.
Note that if your project is approved by PLSWLD, there will be several conditions you will need
to meet before the permit is actually issued. These include:
Pay the review fee; yet to be assessed.
Provide security (letter of credit or cash) in the amount of$2,500.
Provide ~ legal description of the buffer strip area. This will be llsed in the "Declaration and
Acc;:e~e of Conservation Easemenf' yet to be drafted by PLSL WD for this project. You are
to sul;mirjt to the County for recording before PLSLWD "ill issue the pennir.
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