HomeMy WebLinkAboutMay 14, 2001
REGULAR PLANNING COMMISSION AGENDA
MONDAY, MAY 14, 2001
Fire Station - City Council Chambers
6:30 p.m.
1. Call Meeting to Order:
2. Roll Call:
3. Approval of Minutes:
4. Public Hearings:
A. Case File #01-012 Consider a Zoning Ordinance Amendment to permit accessory
structures on Island developments.
B. Case Files #01-026 & 01-027 Consider an application for a Preliminary Plat to be
known as Park Nicollet Addition and a Senior Care Overlay District for a
development to be known as Crystal Care.
5. Old Business:
6. New Business:
A. Case File #01-031 Consider the vacation of the drainage and utility easement
platted on Outlot V, The Wilds.
B. Case File #01-032 Consider the vacation of the platted alley and drainage and
utility easement in Block 9, Prior Lake Original Plat.
7. Announcements and Correspondence:
8. Adjournment:
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16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (952) 447-4230 / Fax (952) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
PLANNING COMMISSION MINUTES
MONDAY, APRIL 23, 2001
1. Call to Order:
Chairman V onhof called the April 23, 200 l, Planning Commission meeting to order at
6:30 p.m. Those present were Commissioners Atwood, Criego, Lemke, Stamson and
Vonhof, Planning Coordinator Jane Kansier, City Engineer Sue McDermott, Zoning
Administrator Steve Horsman and Recording Secretary Connie Carlson.
2. Roll Call:
Atwood
Criego
Lemke
Stamson
Vonhof
Present
Present
Present
Present
Present
3. Approval of Minutes:
The Minutes from the April 9, 2001, Planning Commission meeting were approved as
presented.
Commissioner V onhof read the Public Hearing Statement and opened the meeting.
4. Public Hearings:
A. Case File #01-017 - (continued) Mark Crouse is requesting variances for
impervious surface and the ordinary high water mark for the construction of a deck
on the property located at 15507 Calmut Avenue.
Planning Coordinator Jane Kansier stated the applicant requested the Commissioners
continue the matter to May 29, 2001. Staff had no objection to the request.
MOTION BY ATWOOD, SECOND BY LEMKE, TO CONTINUE THE MATTER TO
THE MAY 29, 2001 PLANNING COMMISSION MEETING.
Kansier said the applicant signed a 60-Day Waiver.
Vote indicated ayes by all. MOTION CARRIED.
B. Case File #01-028 - The City of Prior Lake is requesting a Conditional Use
Permit to allow a public service structure consisting of a City well and a wellhouse
for the property located north of CSAH 82, south of Wilds Parkway and south of
the existing City booster station at 15248 Wilds Parkway.
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Planning Commission Minutes
April 23, 200]
Planning Coordinator Jane Kansier presented the Planning Report dated April 23, 2001
on file in the office of the City Planning Department.
The City of Prior Lake has filed an application for a Conditional Use Permit (CUP) to
allow the construction of a public service structure on the property located 15250 Wilds
Parkway. This site is zoned R-1 (Low Density Residential). The proposed development
includes a 623 square foot pumphouse, which will house the well pump and other
mechanical and electrical equipment for City Well #6. Well #6 is located on this site,
directly south of proposed pumphouse, and is currently under construction. The proposed
building will be constructed to resemble the existing booster station. The pumphouse is
located southeast of the existing booster station, 50' from the closest property line and
85' from Wilds Parkway. The existing driveway to this lot will be reconfigured to
provide access to both the booster station and the pumphouse. Three significant trees
will be removed for the new driveway configuration. These trees will be relocated to the
east side of the site.
Staff recommends approval of the conditional use permit request, subject to the following
condition:
1. Revise the landscaping plan to provide the required plantings along the south, east
and west boundaries.
2. The building must be located as shown on the approved plans.
Comments from the public:
There were no comments from the public.
Comments from the Commissioners:
Atwood:
· Supported as written in the staff report.
Stamson:
· All conditions have been met.
· Supported the request.
Lemke:
· Concurred.
V onhof:
· Questioned the lighting. Kansier responded.
· Questioned if the building had an alarm system. Kansier said it did not.
· Good idea to make the pumphouses attractive.
· Supported.
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Planning Commission Minutes
April 23, 2001
MOTION BY CRIEGO, SECOND BY STAMSON, TO RECOMMEND CITY
COUNCIL APPROVE THE CONDITIONAL USE PERMIT SUBJECT TO THE
LISTED CONDITIONS IN THE PLANNING REPORT.
Vote taken indicated ayes by all. MOTION CARRIED.
This will go before the City Council on May 7,2001.
5. Old Business:
6. New Business:
7. Announcements and Correspondence:
City Council granted the Advisory boards $60.00 per diem.
The second planning commission meeting in May is scheduled for Tuesday, May 29,
2001.
8. Adjournment:
The meeting adjourned at 6:41 p.m.
Connie Carlson
Recording Secretary
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-- ..--- -.--------------------- -- ----- -
PLANNING REPORT
PRESENTER:
PUBLIC HEARING:
DATE:
4A
CONTINUED PUBLIC HEARING TO CONSIDER AN
AMENDMENT TO THE ZONING ORDINANCE TO
ALLOW ACCESSORY STRUCTURES ON ISLAND
LOTS (Case File #01-012)
STEVE HORSMAN, ZONING ADMINISTRATOR
l YES NO
MAY 14, 2001
AGENDA ITEM:
SUBJECT:
INTRODUCTION:
The purpose of this public hearing is to consider an amendment to the Zoning
Ordinance that would allow an accessory structure to be located on general
development lake island lots that meet the minimum required area. This
amendment was initiated by the Planning Commission at the public hearing on
February 12, 2001. On that date, the Planning Commission considered an
appeal to the Planning staff's interpretation of the Zoning Ordinance. The
appellant contended the provisions of ordinance section allowed accessory
structures on the island. However, the Staff concluded the ordinance prohibited
accessory structures on island lots.
The Commission adopted Resolution 01-04PC upholding the Planning staffs'
interpretation of Zoning Ordinance Section 1104.309, which does not permit
accessory structures on the island. However, the Commission directed staff to
research the issue and prepare language for an ordinance amendment for
consideration.
DISCUSSION:
On February 26, 2001, the Planning Commission considered a proposed
language for an ordinance amendment. The Commission directed staff to
schedule a public hearing for this amendment.
On April 9, 2001, the Planning Commission held a public hearing on the
proposed amendment. The original proposal limited the size of an accessory
structure to 300 feet. The Commission discussed proposed options for the
amendment and heard testimony from a "Twin Isles" property owner. The
Commission then directed staff to revise the draft ordinance amendment with
1:\01 files\01 ordamend\zoning\twnisl 01-012\pcreport3.doc
16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (952) 447-4230 / Fax (952) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
conditions to allow limited accessory structures on island development
(Attachment 1 Draft Ordinance).
ANAL YSIS:
At the direction of the Planning Commission, the staff has prepared the following
language for the proposed draft ordinance:
(10) One detached accessory structure is permitted per lot on qeneral
development lakes subject to the issuance of a buildinq permit and the
followinq conditions:
~ The lot must meet the minimum area and dimensional requirements
listed in Section 1104.309, and
~ The structure shall comply with required yard setbacks as stated in
Section 1102.800 (8), and
~ The structure shall not occupy an area qreater than the principal
structure (seasonal cabin) or 576 square feet, whichever is less, and
~ The maximum heiqht of the structure shall not exceed 15 feet, and,
~ The structure shall be setback a minimum of 100 feet from the
ordinary hiqh water mark (OHWM), and
~ The structure shall not be desiqned or used for human habitation and
shall not contain water supply or sewaqe treatment facilities.
However, the structure may contain an electrical system, with the
proper permits; and,
~ The structure shall be compatible in desiqn and materials with the
principal structure (seasonal cabin), and
~ If the structure is located below the requlatory flood plain elevation it
shall be built in compliance with the applicable flood proofing
requirements of the buildinq code and Section 1105 of this Ordinance,
as required; and,
~ The structure shall be attached to a permanent foundation so as to be
immovable from its approved location.
This revised language limits the size of an accessory structure to 576 square feet, or the
size of the principal structure on the lot, whichever is less. It also requires a minimum
setback of 100 feet from the ordinary-high-water mark.
Whether or not an accessory structure should be allowed on island lots is a
policy issue. The unique circumstances pertaining to island lots warrant
limitations on the number and size of structures and on the amount of impeNious
surface. However, the current ordinance only provides for seasonal cabin
structures on the islands and equipment storage appears to be an issue without
an accessory structure. It does not seem unreasonable to allow limited
accessory structures; however the size of these structures should be determined
as a policy issue.
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Page 2
Hydrologist Pat Lynch with the Department of Natural Resources submitted
comments for this report [Attachment 2 - DNR Comments]. In essence, the DNR
would not oppose adoption of the ordinance amendment as proposed.
The staff has no objection to the proposed ordinance amendment.
ALTERNATIVES:
1. Recommend the City Council approve the amendment as proposed, or with
changes specified by the Planning Commission.
2. Recommend the Council deny the proposed amendment.
3. Table or continue discussion of the item for specific purpose.
RECOMMENDATION:
The staff recommends alternative #1.
ACTION REQUIRED:
A motion and second recommending approval of the proposed amendment.
REPORT ATTACHMENTS:
1. Draft Ordinance
2. DNR Comments
3. Planning Commission Minutes from April 9, 2001
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Page 3
ATTACHMENT 1
CITY OF PRIOR LAKE
ORDINANCE NO. 01- XX
AN ORDINANCE AMENDING SECTION 1104.309 OF THE PRIOR LAKE CITY
CODE
The City Council ofthe City of Prior Lake does hereby ordain that:
Section 1104.309 of the Prior Lake City Code is hereby amended as follows:
(10) One detached accessory structure is permitted per lot on qeneral
development lakes subiect to the issuance of a buildinq permit and the
followinq conditions:
~ The lot must meet the minimum area and dimensional requirements
listed in Section 1104.309, and
~ The structure shall comply with required yard setbacks as stated in
Section 1102.800 (8), and
~ The structure shall not occupy an area qreater than the principal
structure (seasonal cabin) or 576 square feet, whichever is less, and
~ The maximum heiqht of the structure shall not exceed 15 feet, and
~ The structure shall be setback a minimum of 100 feet from the
ordinary hiqh water mark (OHWM), and
~ The structure shall not be desiqned or used for human habitation and
shall not contain water supply or sewaqe treatment facilities.
However, the structure may contain an electrical system, with the
proper permits, and
~ The structure shall be compatible in desiqn and materials with the
principal structure (seasonal cabin), and
~ If the structure is located below the requlatory flood plain elevation it
shall be built in compliance with the applicable flood proofinq
requirements of the buildinQ code and Section 1105 of this Ordinance,
and
~ The structure shall be attached to a permanent foundation so as to be
immovable from its approved location.
This ordinance shall become effective from and after its passage and publication.
Passed by the City Council of the City of Prior Lake this _ day of
,2001.
ATTEST:
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PAGE 1
City Manager
Mayor
Published in the Prior Lake American on the _ day of
Drafted By:
City of Prior Lake Planning Department
16200 Eagle Creek Avenue
Prior Lake, MN 55372
1:\01 files\01 ordamend\zoning\twnisl 01-012\draftord2.doc
, 2001.
PAGE 2
Steve Horsman
From:
Sent:
To:
Subject:
Pat Lynch [pat.lynch@dnr.state.mn.us]
Friday, May 04, 2001 9:54 AM
Shorsman@cityofpriorlake.com
Proposed Zoning Ordinance Amendment, Accessory Structure on Island
I got your fax regarding the hearing before the Planning Commission to consider a zoning
amendment to allow an accessory structure on islands. I looked at this when you were
first crafting the draft language some time ago. DNR has no problem with the proposed
amendments, provided the standards for size and setback and floodplain compliance as
proposed are adopted. Thanks again for the opportunity to review.
Pat Lynch
DNR South Metro Area Hydrologist
phone 651.772.7917
fax 651.772.7977
pat.lynch@dnr.state.mn.us
ATTACHMENT 2
1
Planning Commission Meeting
April 9, 2001
credit a developer gets for different types of land. When the area to the north
develops it will create some potential for trail connections.
. Any issues with parkland abutting up to commercial development? Kansier said
there are no problems.
MOTION BY CRIEGO, SECOND BY STAMSON, FOR A VARIANCE ON TIDS
PARCEL FOR CUL-DE-SAC STREETS A AND B AS PRESENTED BY THE
APPLICANT.
V ote taken indicated ayes by all. MOTION CARRIED.
MOTION BY CRIEGO, SECOND BY ATWOOD, TO APPROVE THE
CONDITIONAL USE PERMIT TO GO BEFORE CITY COUNCIL BASED ON THE
RECOMMENDATIONS OUTLINED BY THE STAFF 1 THROUGH 10 INCLUDING
OUTLOT A BECOMING PART OF THE PARK AREA, AS WELL AS PARK PLAN
B PROPOSED BY THE APPLICANT.
Vote taken indicated ayes by all. MOTION CARRIED.
MOTION BY CRIEGO, SECOND BY ATWOOD, TO RECOMMEND APPROVAL
OF THE PRELIMINARY PLAT WITH THE PROVISIONS OUTLINED BY THE
PLANNING COMMISSION AS WELL AS THE SAME CONDITIONS AS
APPROVED IN THE CONDITIONAL USE PERMIT.
V ote taken indicated ayes by all. MOTION CARRIED.
The earliest it would go before the City Council would be May 7, 2001.
B. Case File #01-012 A Zoning Ordinance Amendment to permit accessory
structures on Island developments.
Zoning Administrator Steve Horsman presented the Planning Report dated April 9, 2001,
on file in the office of the Planning Department.
The purpose of this public hearing is to consider an amendment to the Zoning Ordinance
that would allow accessory structures to be located on general development lake island
lots. This amendment was initiated by the Planning Commission at the public hearing on
February 12,2001. On that date, the Planning Commission considered an appeal to the
Planning stafP s interpretation of the Zoning Ordinance. The appellant contended the
provisions of the ordinance allowed accessory structures on islands. The Staff, however,
concluded the ordinance prohibited accessory structures on islands.
The Commission adopted Resolution 01-04PC upholding the Planning staffs'
interpretation of the Zoning Ordinance that does not permit accessory structures on the
islands. However, the Commission directed staff to research the issue and prepare
language for an ordinance amendment for consideration. Currently, the ordinance on
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Planning Commission Meeting
April 9, 2001
island development does not allow for accessory structures because accessory structures
are considered a "Use" and "Accessory Uses" are not a listed permitted use under this
ordinance section.
Hydrologist Pat Lynch with the Department of Natural Resources submitted comments in
his letter dated March 29, 2001. Lynch stated the DNR would not oppose adoption of the
proposed amendment.
Criego:
. What happens when the cabin is smaller than 300 feet? Would the proposal still
remain at 300 feet for the accessory structure? Horsman said it has not been
addressed in this amendment.
. What size lot can this be put on? Horsman said Condition #4 states the minimum
lot size on Twin Island is 15,000 square feet or two contiguous side-by-side
lakeshore lots, whichever is less. This would also apply to the accessory
structure.
. What happens with the common roadway on Twin Island? Horsman said it does
permit lots separated by a private roadway to have accessory structures.
Stamson:
. Questioned the lot sizes on Twin Island.
. The average lot may not meet the requirement, but several lots are side-by-side
and contiguous and owned by the same property owner.
Comments from the public:
John and Linda Meyer, 3313 Twin Island Circle (Prior Lake address), thanked
Commissioners and staff members for their time and suggestion for going forward with
this topic. Meyer addressed some of the above issues including access to the island.
There are a total of 64 lots. Meyers own Lots 43, 44, 45, 62 and 64. They would like to
store vehicles and equipment in a garage on the island. It will make the neighborhood
more appealing. Year-round residency is not permitted on the island. It is not secure or
pretty to have storage outside. Accessory structures will enhance the beauty of the area.
Allowing owners to store grills, lawn equipment, etc., is important. Meyer explained his
proposed garage would be 7% of the impervious surface lot area. Meyer also felt their
property is unique because their lots are interior and at the highest elevation no one will
be able to see the garage. The lots are 26 feet higher than the ordinary high water mark.
The proposed garage is 24 by 24 square feet. Meyer felt the size of the garage should not
be larger than the resident's primary structure. Suggested a detached private garage
should not exceed 25% of the lot area, whichever is less.
The public hearing was closed.
Comments from the Commissioners:
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Planning Commission Meeting
Apn'l9.2001
Atwood:
. It is hard to know. Pelt a 300-foot accessory structure was reasonable.
. The amendment was well done and addressed our concerns.
Stamson:
. This issue was discussed at length over a couple of meetings; the general
consensus was not to promote garage-type structures on the island. Mr. Meyer's
circumstances were not unreasonable but did not square with the rest of the island
and what it would create.
. At this point, there has never been any accessory structures allowed on the island,
or any great clamoring for them. It came about because of Meyer's issues.
Through the Commissioners' discussions it was felt it would be reasonable to
have some type of structure. The island community did not initiate the issue.
. Largely what is before the Commission is what was discussed and agreed upon.
. Would like to see the 100- foot setback or setback from the primary structure
whichever is greater. It is not a water-oriented structure; it is simply a storage
structure.
. The rest of the language is what had been discussed in previous meetings.
Criego:
. Agreed with lOO foot setback and would make that a condition. The structures
should not be visible.
. Questioned the drain field and wells. Horsman said you can't go over the drain
field.
. Rye said under the current regulations it would be difficult to meet the
requirements to put in a new drain field for sanitary systems. Maybe for a gray
water system. The County rules on that. The City does not have the information
for gray water. Depends on the amount of water coming out of the structure.
. A well has to be put in or use the common well.
. There is not a lot of room for accessory structures.
. Mr. Meyer is unique owning 5 lots on the island.
. Three Hundred feet is adequate for the average property owner.
. Should the accessory structure be measured by the size of the lot?
. Kansier said you could make the size a percentage of the lot area. It will be
restricted by the amount of impervious surface (30%). Administratively it is
easier to pick a number.
. Vehicles should not be stored on the islands. The garage is not for auto use.
. Most cabins and out buildings are hidden in the summer. In the winter they stand
out.
. Why do we want to change this ordinance? Most residents on the island have
accessory structures and it makes sense to have something there. It should be
legalized. Okay with 300 square feet for storage area.
. Ownership should have some play into the size of the building.
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Planning Commission Meeting
April 9. 2001
Lemke:
· Meyer's situation is unique with 5 lots. His proposal does not seem unreasonable.
· The garage is 7% of the coverage of the lot. His size is not unreasonable.
· Which is better aesthetically, a well-designed garage or docks covered with tarps?
· What about limiting the garage to no more than a percentage of the principal
structure?
· Can something be drafted to allow Mr. Meyer to build his 500+ foot garage? No
one else has his situation.
· What about a variance request? Rye said it would be a hardship criteria issue.
Criego:
· There are other islands to consider. If the language was made a percentage, it
might solve everyone's problem.
Stamson:
· Concern for others constructing garages. It will make a big impact on the island.
The City is introducing something to the island that was not there.
· Questioned the DNR rules. Their maximum square footage is 400. Rye explained
the slopes and setbacks. The DNR has to approve it any change.
· Questioned DNR's accessory structures on the lake compared to water-oriented
structures. Kansier said if it is not on an island, it is just like any other lot. They
are limited in impervious surface and a maximum detached structure size with
minimum ground floor area. The DNR does distinguish between island and non-
island structures. All the runoff from islands will run into the lake. Riparian lots
have at least some runoff directed away from the lake. As the ordinance is
written, the DNR and City do not allow accessory structures on islands.
Criego:
· Questioned lot size and impervious surface.
· Kansier explained the gray water conditions and setbacks. Standards have to be
met.
· Basically it is only residents with larger lots who can build accessory structures.
· Surprised there are not more island owners present to discuss this matter.
Lemke:
· This issue should be revisited and let the DNR comment on this. They seemed
happy with structures up to 400 feet.
Stamson:
· That is DNR's existing rule. They do not allow general accessory structures. The
City has a more restricted standard than DNR's water-oriented structures so they
are okay with it. Now all of a sudden if we expand it to something they don't
allow at all, it will be a different scenario.
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Planning Commission Meeting
April 9. 2001
Atwood:
. Questioned staff mentioning it would be easier administratively with a number.
Kansier explained when someone calls and asks what kind of accessory structure
they can have on an island lot, staff can say a maximum of 300 square feet. If it' s
a percentage then we say how big is this lot? Percentages are harder to deal with.
But it is workable.
. Horsman said there is limited island development. Percentages would probably
work.
. Rye said if there is going to be a sliding scale is should be based on the primary
structure, not the size of the lot.
Stamson:
. Weare discussing an island with a platted road that is rarely used. There have
been no previous requests for this type of building. Now it's going from one
extreme to another based on one request.
. Weare introducing or promoting vehicles where there never has been traffic.
. Large structures are not needed on the island.
. The use is not appropriate for the islands.
. There has only been one request.
Lemke:
. Meyer's request does not seem unreasonable given the size of the lot.
Stamson:
. Not arguing the structure, arguing the use. It is not appropriate on an island. It is
an awful big step to take without other input other than one request for it.
The Commissioners agreed on the lOa-foot setback from the ordinary water line.
The property owners on Twin Island were notified of the ordinance. It was not specific
to size of accessory structures.
MOTION BY LEMKE, SECOND BY CRIEGO, TO CONTINUE THE MATTER
DIRECTING STAFF TO PREP ARE AN ORDINANCE TO ALLOW ACCESSORY
STRUCTURES NOT TO EXCEED THE PRINCIPAL STRUCTURE SIZE AND IN NO
CASE EXCEED 576 SQUARE FEET; A 100 FOOT SETBACK NOT CLOSER THAN
THE PRINCIPAL STRUCTURE AS WELL AS ALL THE OTHER ISLAND
REQUIREMENTS.
Criego:
. Weare solving problems for multiple islanders not just one.
V ote taken indicated ayes by Criego, Atwood and Lemke, nay by Stamson. MOTION
CARRIED.
Atwood requested staff to notify the island residents.
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.
Planning Commission Meeting
April 9, 2001
Criego:
· Encourage island residents to come fOlWard and give the Commission input.
C. Case File # 01-014 Shepherd of the Lake Church is requesting a zone
change for the property located in Section 22, Township 115 North, Range 22 West,
Scott County.
Planning Coordinator Jane Kansier presented the Planning Report dated April 9, 2001, on
file in the office of the City Planner.
Shepherd of the Lake Lutheran Church has filed an application for a zone change on the
property located north of CSAH 42 and east and west of McKenna Road, about 118 mile
west of CSAH 21. The proposal is to rezone the property from the A (Agricultural)
district to the R-4 (High Density Residential) District.
Staff felt the proposed R-4 district is consistent with the Comprehensive Plan Land Use
designation. The R-4 district allows residential development with densities up to 30 units
per acre. In this case, the applicant is proposing to develop the entire site as a faith based
community, consisting of religious worship, senior housing, community recreation and
social space, education, daycare and a conference center. The first phase of this
development will consist of a church building. There is no timeline for the development
of future phases.
Lemke:
· Question on extension of services. Kansier explained the process and the
developer's contract.
Comments from the public:
Steve Erickson, BWBR Architects, said the first issue was to have the Comprehensive
Plan amended. The next process is that the rezoning is consistent with the
Comprehensive Plan and uses. The applicant's estimation is that the process is moving
along at the appropriate pace. The only other issue is the schedule for water extension on
the site. In the event, the construction on County Road 42 does not coincide with the
Church's schedule of the construction, they would accelerate their plan and enter into a
developer's agreement with the City. They will continue ahead with plans for the
property but have no definitive schedule for breaking ground.
The public hearing was closed.
Comments from the Commissioners:
Lemke:
· The request is valid and should be rezoned.
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. .
PLANNING REPORT
PRESENTER:
PUBLIC HEARING:
DATE:
4B
CONSIDER A REQUEST FOR APPROVAL OF A
PRELIMINARY PLAT AND A SENIOR CARE
OVERLAY DISTRICT FOR THE PROPERTY
LOCATED SOUTH OF THE PARK NICOLLET
CLINIC
JANE KANSIER, PLANNING COORDINATOR
X YES NO-N/A
--
MAY 14, 2001
AGENDA ITEM:
SUBJECT:
INTRODUCTION:
Crystal Care, LLC and Park Nicollet Health Systems have filed an application to develop
the property located south ofTH 13, west of Franklin Trail, and directly south of the Park
Nicollet clinic. The request includes the following:
. Approve a Preliminary Plat for 11.60 acres;
. Approve a Senior Care Overlay District for the development of a 60-unit assisted
living facility.
The proposal calls for the subdivision of the existing 11.60 acre parcel into 4 lots. Lot 1,
Block 1, is the existing site of the Park Nicollet clinic. Lot 2, Block 2, is the proposed
site of the assisted living facility. The remaining lots will develop at a future date.
Crystal Care, LLC, is the developer of the assisted living facility project. Park Nicollet
Health Systems, the current property owner, will develop the remaining commercial lots.
SITE CHARACTERISTICS:
Total Site Area: The total site consists of 11.60 acres.
Zonin2: This property is zoned C-4 (General Business).
Comprehensive Plan Desi2nation: This property is designated for Low to Medium
Density Residential uses on the 2020 Comprehensive Plan Land Use Map. The property
also meets the criteria for the extension of the MUSA.
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16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (952) 447-4230 / Fax (952) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
. .
Adjacent Land Use, Zonine and Comprehensive Plan Desienation: To the north of
this property is a gas station and a car sales lot, zoned C-4, and designated for
Community Retail Shopping uses. Also to the north is the former site of TJ. Towing,
now vacant land, zoned C-4 and planned for commercial uses. To the west of this
property is the Hollywood Bar and Restaurant, zoned C-4 and planned for Community
Retail Shopping uses. To the east is high density residential housing, zoned R-4 and
planned for High Density Residential uses.
Access: This property is accessed from Franklin Trail. Franklin Trail was originally a
County road, but the County is in the process ofturning this road back to the City.
Utilities: Sewer and water services can be extended to serve this property from the
existing utilities located in the entrance road to the Park Nicollet clinic.
PRELIMINARY PLAT
Lots: The preliminary plat consists of 4 lots for single commercial development. The
lots range in size from 1.00 acre to 4.32 acres. All of the lots meet the minimum lot area
and frontage requirements.
Streets: This plan proposes one new public street, identified as "Ring Road" on the
preliminary plat. This street is the northeasterly leg of the proposed ring road that will
extend from Franklin Trail to Duluth Avenue and eventually to TH 13 at the County
Market site. This section of the street is 1,085' long, and extends from Franklin Trail to
the west property boundary. It is designed with a 70' wide right-of-way and a 42' wide
surface. The ring road will serve as a collector street for this area.
Sidewalks/Trails: The plan does not provide any sidewalks or trails.
Parks: This plan does not include any parks. Parkland dedication requirements will be
satisfied by a cash dedication in lieu of land. The estimated cash dedication, based on the
original development contract for the Park Nicollet clinic, is $25,844.00 (7.28 acres @
$3,550.00/acre).
Storm Sewer: The City is in the process of working with this developer to establish a
regional storm water pond at the comer of Panama Avenue and Tower Street. This pond
will be designed to accommodate runoff from this site, as well as from the ring road
construction area. Development on this site will still be required to provide infiltration
basins on each lot, as required by the Watershed District rules.
Tree Replacement: The applicant has submitted an inventory identifying 195 caliper
inches of significant trees on the site. Based on the grading plan, the proposal removes
41.5% for grading purposes. The Zoning Ordinance allows removal of 25% of the
significant caliper inches. Any removal above the 25% must be replaced at a rate of W'
1:\01 files\O 1 subdivisions\prelim plat\crystal care\pc report.doc
Page 2
.
caliper inch per 1 inch removed. In this case, 16.13 caliper inches, or 7 trees (2.5 caliper
inches each) must be replaced.
SENIOR CARE OVERLAY DISTRICT
The applicants are requesting approval of a Senior Care Overlay district under the
provisions of Section 11 06A of the Zoning Ordinance. These uses are permitted in the C-
4 district. The proposed assisted living facility will be located on Lot 2, Block 2 of the
plat. The attached narrative describes this proposal in some detaiL
Density: The plan proposes 60 units on a total of 3.58 acres. The maximum density
permitted for this use is 30 units per acre. The overall density proposed in this plan is
16.76 units per acre.
Buildine Style: The proposed plan calls for 3-story building, consisting of 52,517 square
feet of floor area. The south wing of the building, which is devoted to memory care, is a
single story structure. The design proposes exterior materials consisting of stucco and
vinyl lap siding. The proposed color scheme is consistent with the color scheme on the
Park Nicollet clinic. There is also a detached garage located on this site, providing 10
parking stalls. No building elevations have been submitted for this garage.
Setbacks: The proposal meets the minimum setback requirements of the C-4 district.
The 3' wide overhangs on the building do encroach into the required side yard setback on
the north and the east.
Heieht: The proposed building height does not exceed 35 feet.
Architectural Materials: The Zoning Ordinance requires a minimum of 60% of the
exterior of a building consist of Class I materials, such as glass, brick or stucco. In this
case, the proposed building will consist of 80% of Class I materials (stucco and glass).
Parkine: Parking for elderly housing is required at a rate of 0.5 spaces per unit. This
development requires a minimum of 30 parking spaces. The proposal provides 41 surface
spaces and 10 spaces within the garage.
Landscapine: Section 1107.1900 lists the landscaping requirements for this
development. Perimeter landscaping for this development is required at a rate of 1 tree
per unit or 1 tree per 40' feet of perimeter, whichever is greater. In this case, a minimum
of 60 trees must be provided. The developer has submitted a landscaping plan that
exceeds the landscaping requirements. This plan also includes replacement trees. The
plan, however, does not indicate whether an irrigation system will be provided. A
registered landscape architect must also sign the plan.
Siens: This site plan includes one freestanding monument sign, located at the north
entrance to the site. This sign is consistent with the sign requirements of the Zoning
Ordinance.
1:\01 files\OI subdivisions\prelim plat\crystal care\pc report. doc
Page 3
...
Lighting: Parking lot lighting will be provided using 10' high light standards. The
lighting plan submitted indicates the lighting will not exceed 0.5 footcandles at the
property line.
Proximity to Support Facilities: The Zoning Ordinance requires that an applicant for a
Senior Care Overlay District demonstrate that the proposed site is readily accessible to
health care facilities, retail shopping, religious institutions, public transportation or other
supporting facilities. In this case, the proposed site is accessible to both the Park Nicollet
clinic and Fairview clinic. The narrative also notes the site's proximity to downtown
Prior Lake, City Hall and the public library.
Modifications/Incentives: The Zoning Ordinance also allows the City Council to
consider certain incentives for Senior Care Overlay Districts, including, among other
things, increases in building height, decreased setbacks, increases in floor area ratios,
modification of landscaping requirements, and fee waivers. The City Council has the
sole discretion to determine which incentives shall be granted. In this case, the applicant
has requested the Council provide some financial assistance to facilitate this project. The
City Council has agreed to consider an application for economic development incentives.
The only modification to ordinance requirements identified by staff is an increased
encroachment into the side yard setback. The Zoning Ordinance allows 2' overhangs;
this proposal includes 3'-5' overhangs.
Restrictive Covenants: The Zoning Ordinance also requires the applicant to record
restrictive covenants on the property stating the type and care to be provided and limiting
occupancy to the facility to no more than 20% of residents under the age of 55. The
applicant has not submitted a draft of these covenants at this time.
ANALYSIS:
Preliminary Plat: The preliminary plat generally complies with the requirements of the
Zoning and Subdivision Ordinances. The primary issue relating the preliminary plat is
storm water management. The City is working with the developer and the Watershed
District to design a regional pond that will accommodate the runoff from this site. The
developer has also applied for a permit from the Watershed District. The remaining
engineering issues can be addressed at the final plat stage.
Another issue pertaining to the approval of this plat is the existing Park Nicollet sign
located on Franklin Trail. Once this plat is approved, that sign will be located on public
right-of-way. When the Park Nicollet building was built, the Park Nicollet Health
Systems entered into a development agreement with the City. One of the provisions of
that agreement stated the developer would enter into an agreement for the private use of
public property to maintain a sign at this intersection. However, that agreement identified
a sign location different from the location of the existing sign. In order to maintain the
sign, Park Nicollet Health Systems must relocate the sign and enter into a "Private Use of
1:\01 tiles\O 1 subdivisions\prelim plat\crystal care\pc report.doc
Page 4
Public Property Agreement" with the City. This issue can also be addressed at the final
plat stage.
The Scott County Highway Department has also recommended the developer submit a
traffic study for this development. The staff does not believe a complete traffic study is
necessary; however, the developer should submit an estimate of the existing traffic from
the clinic and an estimate of the traffic that will be generated will be by the assisted living
facility.
Senior Care Overlay District: The proposed Senior Care Overlay District complies with
the provisions of the Zoning Ordinance. There are some minor issues that can be
addressed prior to final approval.
Staff Recommendation: The staff recommends approval of the proposed preliminary
plat and Senior Care Overlay District subject to the following conditions:
Preliminary Plat:
1. The developer must obtain a Watershed District permit prior to any work on the site.
2. The developer must address the following Engineering Department comments:
a. Provide the stage-storage-discharge tables and routing calculations through the
infiltration basins. The data will be used for design of the storm sewer and
regional pond.
b. All grading for the infiltration basin is to be accomplished on the site. The plan
shows grading on adjacent Lot 1.
c. Add a hydrant at the end of the 8" main per the Public Works Design Manual.
d. Address the reconstruction of the existing section of the ring road. This portion of
the road must be completed with an overlay after it is widened.
e. If the typical section shown on sheet 1 of the plans is for the parking lot area, it
does not meet minimum pavement sections requirements outlined in the Public
Works Design Manual.
3. Provide an estimate of the traffic generated by the existing clinic and an estimate of
the traffic that will be generated by the assisted living facility with the final plat
application.
4. The developer must address the issue of the existing sign at Franklin Trail. This sign
must either be removed or relocated and the developer must enter into a "Private Use
of Public Property Agreement" with the City prior to approval of the final plat.
Senior Care Overlay District:
1. A registered landscape architect must sign the landscape plan.
2. The developer must submit an irrigation plan for the site.
3. The developer must submit restrictive covenants for this use for review and approval
by the City Attorney.
1:\01 files\O 1 subdivisions\preJim plat\crystal care\pc report.doc
Page 5
4. The Final Plat and Development Contract must be approved by the City Council.
5. 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 Senior Care Overlay
District record. The second set will be returned to the developer for their files.
PLANNING COMMISSION RECOMMENDATION:
At this time, the Planning Commission should make a recommendation on the proposed
Preliminary Plat and Senior Care Overlay District.
AL TERNATIVES:
1. Recommend approval of the Preliminary Plat and the Senior Care Overlay District as
proposed or subject to conditions noted by the Commission.
2. Recommend denial of the request on the basis the proposal is not consistent with the
provisions of the Zoning and Subdivision Ordinance.
3. Table this item to a date specific, and provide the developer with direction on the
issues that have been discussed.
RECOMMENDATION:
The Planning staff recommends Alternative #1.
ACTION REQUIRED:
A motion and second recommending approval of the following requests:
· Approval of a Preliminary Plat for to be known as park Nicollet Addition.
· Approval of a Senior Care Overlay District for an assisted living facility to be known
as Crystal Care.
EXHIBITS:
1. Location Map
2. Reduced Copy of Preliminary Plat Plans and Senior Care Overlay District Plans
3. Developer's Narrative
4. Engineering Comments
5. Scott County Engineer Comments
6. Finance Director Comments
7. Watershed District Comments
1:\01 files\O 1 subdivisions\prelim plat\crystal care\pc report.doc
Page 6
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ClJdstal
~are, LLC
A Clear Vision in Senior Living
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! APR I 2 2001 :: i : j
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NARRATIVE DESCRIPTION
ASSISTED LIVING COMMUNITY
LOT 2. BLOCK 2. PARK NICOLLET ADDITION
A. Satistvinq the Senior Overlav Criteria
The Project is a very complementary use for the neighborhood and meets the
criteria for the Senior Overlay District. The Project is adjacent to the Park
Nicollet Medical Clinic. The Project's front elevation squares up with the front
elevation of Park Nicollet. The materials and color scheme of the Assisted Living
Community are selected to complement those of the Clinic. Residents of the
Assisted Living Community will be able to use the medical and dental services
offered at Park Nicollet. The two uses are ideally compatible and together form a
senior living campus that should quickly become a community asset.
The market study prepared for HUD demonstrates a need for assisted living in
this community and the larger, outlying market. The Project provides options to
seniors and their families and serves as a continuum with other senior housing
that exists and is proposed for Prior Lake. The Project gives seniors the
opportunity to participate in a community and receive the care and dignity that
both they and family members expect.
The Project is readily accessible to health care facilities, not only Park Nicol/et
but also the Fairview Clinic, which is located less than a mile away on Highway
13. The Project is less than one-half mile to downtown retail and services. The
library, city hal/ and religious institutions are convenient to the site. The Project
van is available for both scheduled activities and individual resident requests.
Overall, the Project serves as a good transitional use between the multi- and
single-family residences to the south and east and the more commercial uses
oriented to Highway 13. The Assisted Living Community has a relatively low
impact relative to schools and roads. The Project plays a significant role in the
Ring Road development and the improvement of this neighborhood.
5200 willson Road, Suite 150, Edina, MN 55424
Tpl. n 12.R'36_2790 Fax: 612.836.2794 E-mail: crvstalcareilc@aoLcom_
B. Proiect Summary
1. Type of Project
The project is assisted living housing with services, including a wing dedicated to
Alzheimer's care residents and other seniors challenged by dementia ("Memory
Care"). The units are rented. Monthly charges include room and boarding as
well as services and programs. Assisted living is a special combination of
housing, personalized supportive services and health care designed to assist
seniors (age 55 and older) who need help with activities of daily living.
Services include 24-hour on-site caregivers, a complete dietary program
providing three nutritious, family-style meals daily, scheduled activities, social
and spiritual opportunities, assistance with activities of daily living, medicine
administration, wellness and exercise programs, housekeeping and
transportation.
The Project consists of two components, a 3-level Assisted Living Community
and the attached 1-level Memory Care Community. The Assisted Living
Community consists of 40 dwelling units. The Memory Care Community consists
of 20 dwelling units.
2. Profile of Residents
The Assisted Living resident profile consists exclusively of elderly persons
requiring assistance with three or more Activities of Daily Living, "ADL". The
primary ADL are meals, self-administration medication reminders, toileting,
bathing and laundry. These residents do not require an acute care environment
such as a nursing home.
The Memory Care resident profile consists of seniors afflicted with Alzheimer's
disease or other dementia. Alzheimer's/dementia seniors require, in addition to
assistance with daily living activities, a special environment and care program
that provides reasonable freedom, appropriate security, attentive care, special
programming and dignity. The Memory Care Community is designed for mild- to
moderate- Alzheimer's residents. When a resident shows violent behavior that
cannot be managed by medication, or requires two-person transfers, or needs to
be fed, the disease has progressed to a severe stage. At this point the resident
requires an acute setting with a more complete nursing staff. When a resident's
disease progresses to the severe stage our housing director would counsel the
family to relocate the resident to a more appropriate setting (e.g. nursing home).
2
Memory Care (the south building) consists of 20 dwelling units, each with one
resident per building. Unit mix and room sizes:
Assisted Living (3 levels) 40 Units:
23 Studios (kitchen & bath w/ shower) 498 square feet
15 One-BRs (kitchen & bath w/ shower) 595 square feet
2 Two-BR (kitchen & 2 baths w/ shower) 932 square feet
40 Units
Memory Care (1 level) 20 Units:
17 Studios (w/ bath) 263 square feet
3 Luxury Studios (w/ bath) 351 square feet
20 Units
The Assisted Living dwelling units each have a kitchen consisting of a sink,
stovetop/oven, and refrigerator. Each Assisted Living unit has a "three-quarter"
bath, consisting of a shower, a toilet, and a sink. The Memory Care dwelling
units each have a "three-quarter" bath as well. The Memory Care units have
space for optional microwave and optional under-counter refrigerator. All rooms
are furnished with bed(s), closet(s) with drawers, bed table, chair, and window
treatments.
4) Other Proposed Spaces
Assisted Livinq - First Floor
. Family Consultation/Media Room: This room, accessed off the
main lobby, is for family consultations and video presentations. It is
available for staff training and resident recreation, as available.
. Staff Restrooms: A set of lavatories for staff is available off the
staff hallway connecting Assisted Living and Memory Care
. Kitchen: The commercial-grade kitchen is centrally located and
designed to efficiently serve both the Assisted Living and the
Memory Care dining rooms.
Assisted Livinq - Second Floor
. Beauty/Barber: The hair salon, located on the second floor off the
elevator lobby, is available to all residents. A third-party
professional operates the salon.
. RN Office
. Media Center
. Elevator Lobby
.~
3
Assisted Livino - Third Floor
· Staff Area: The staff break room, located on the third floor off the
elevator, has lockers, showers, lunch table and vending machines.
. Activity Room/Chapel
. Staff Office
Memory Care
. Reception Desk
. Staff Office
. RN Office & Medical Supply
. Storage
5. Community and Resident Spaces
The project consists of 52,517 square feet (excluding the garages). The dwelling
units total 27,767 square feet. This, results in 24,750 square feet of common
area, consisting of hallways, lavatories, stairwells, elevator lobbies and shaft, and
the common spaces described below.
a) DininglKitchenlStorage
Kitchen: The commercial-grade kitchen is centrally located and designed to
efficiently serve both the Assisted Living and the Memory Care dining rooms.
The kitchen includes chefs office, a walk-in freezer, walk-in cooler, dry storage,
ice machine, cooking line with burners and ovens, food prep line, beverage line,
dishwashing line, and steam tables. Direct access is available to the Memory
Care dining room. Access to the Assisted Living dining room is via the staff hall.
Dinino: The Memory Care Dining Room is adjacent to the Kitchen and the
Reception Desk/Lobby area. It has windows along the east elevation. The
Assisted Living dining area consists of a Dining Room and a Cafe; total seating
capacity is 52. The Cafe includes a service bar and will be available all day for
casual dining/snacks. The Dining Room has windows along the east elevation
with access to the patio.
Storaoe: The detached garages located east of the residential building have
the capacity to store resident items. The garages also have designated
maintenance storage. Storage rooms are also located on every floor and wing of
the building.
b) Lounges
Assisted Livino, First Floor:
. Lobby (w/ fireplace)
. Family/Media Room
· Cafe (w/ food and beverage service bar)
. Patio
. Solarium
'.
4
Assisted Livinq, Second Floor:
. Sitting Area (overlooking first floor lobby)
. Media Center (with computer lab)
Assisted Livina, Third Floor
. Activity Room/Chapel
. CardfTV Room
Memory Care
. Memory Care Lobby
. Reception Station
. Staff Office
. RN Office & Medical Supply
c) Activity Spaces and Other Proposed Spaces
Activities and programs will be ongoing throughout the various common rooms.
The Activity Room/Chapel on the third floor is generously proportioned -
approximately 940 square feet. This space wm accommodate a variety of
functions, including lectures, concerts, and spiritual services. The elevator is
conveniently located adjacent to the Activity Room/Chapel.
Activities and programs will also occur in the community and resident spaces
outlined above in Section A (5).
d) Garages
The detached garages around the back of the project consist of 3,074 square
feet. There are 10 single-car garage stalls and a grounds storage area. Few if
any residents store cars at the project. One of the stalls is used for the project
van. Other available stalls are used for resident and project storage.
6. Major design features
The building is influenced by Prairie School design considerations. The low-
pitched asphalt shingle roof features extended eaves. The planter box along the
front elevation and three-story columned entrance are cultured ledge stone. The
ledge stone motif is extended to project signage, hearth, Activity/Chapel, and
detailed throughout. A tempered glass storefront extends the entrance
component of the building, allowing light into the front hallway, which will feature
an interior ledge stone planter.
Exterior materials are stucco at the first and second stories, with vinyl lap siding
at the third story. The project is part of a senior housing and health care campus.
As such, the building's color scheme matches the Park Nicollet Medical Clinic,
directly opposite the project.
The two-story Lobby with central hearth creates an openness and warmth. The
third-story Activity/Chapel Room, situated above the lobby, continues the ledge
5
stone motif. The common spaces are functional and, we believe, appropriately
sized.
The residential hallways are relatively short, with staggered suite entrances to
break-up the wall. The Memory Care floor plan allows circular walking patterns
below a vaulted sky-lit ceiling. The Activity Area or "Playhouse" is a well-
conceived space that serves the particular needs of the Alzheimer's individual.
The Memory Care Courtyard, situated off the porch, features an attractive privacy
fence and provides a functional as well as therapeutic purpose. Gardening by
residents occurs in the Courtyard as well as the Assisted Living patio off the
Dining Room.
Deliveries are at the rear of the building, via a drive along the south of the
property. Box trucks and other service vehicles are removed from pedestrian
traffic oriented to the front of the project. Service entry is through the kitchen.
Deliveries for upper levels are accessed through the Staff Hall and Service
Elevator Lobby, thereby reducing any disruption to residents.
The project design is attractive and functional
.
6
DATE: April 30, 2001
TO: Jane Kansier, Planning Coordinator
FROM: Sue McDermott, City Engineer r
RE: Crystal Care (Project #01-36)
The Engineering Department has reviewed the preliminary plan for the subject
project and we have the following comments:
1. Provide the stage-storage-discharge tables and routing calculations through the
infiltration basins. This data will be used for design of the storm sewer and
regional pond.
2. All grading for the infiltration basin is to be accomplished on site. The plan shows
grading on adjacent lot 2.
3. Add a hydrant at the end of the 8" main per the Public Works Design Manual.
,
.., 4. Provide a typic~1 ~eGtiol, fe. tilt:: I UC::ldWdY dlld--PS'll'elTt€ffi !ecttel'l'-cles~ft. Address
the reconstruction of the existing section of the ring road. This portion of the road
must be completed with an overlay after it is widened.
5. Is the typical section shown on sheet 1 of the plans for the parking lot area? If so,
it does not meet minimum pavement section requirements outlined in the Public
Works Design Manual.
..
G:\PROJECTS\200 1 \36crysta\care\review3 .DOC
SCOTT COUNTY
PUBLIC WORKS DIVISION
HIGHWAY DEPARTMENT
600 COUNTRY TRAIL EAST
JORDAN, MN 55352-9339
(952) 496-8346
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tiLV _ 2 2001 \i'i i]
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\ -"Fax: (952) 496-8365
BRADLEY J. LARSON
PUBLIC WORKS DIRECTOR!
COUNTY HIGHWAY ENGINEER
April 25, 2001
Jane Kansier
City of Prior Lake
16200 Eagle Creek Avenue
Prior Lake, MN 55372
RE: Preliminary Plat, Crystal Care
Franklin Trail and TH 13
Dear Jane:
We have reviewed the preliminary plat as it relates to Highway Department issues and
offer the following comments or concerns:
+ We recommend the developer submit a traffic study. The study would determine the
impacts on the nearby roads and intersections that will result from fully developing
all of the lots included in this plat.
Thank you for the opportunity to comment. If you have any questions, please feel free to
contact me.
Craig enson
Transportation Planner
An Equal Opportunity/Safety Aware Employer
INTEROFFICE MEMORANDUM
TO:
FROM:
RE:
DATE:
PLANNING/ENGINEERING
Ralph Teschner, Finance Director
Park Nicollet Addition
(assessment/fee review)
March 29, 2001
Based upon "The Preliminary Agreement for Development Contract", dated May 19, 1997, the 11.60
acre parcel in 2-114-22 identified by (PIN #25 902 042 0) is to be charged the following city
development fees:
Park Nicollet Lot:
Trunk.Sewer & Water Fee
Remaining Lots:
Collector Street Fee
Stormwater Management Fee
Trunk Sewer & Water Fee
Park Dedication Fee
$3500.00/acre
$1500.00/net acre
$6092.00/net acre
$3500.00/net acre
$3550.00/gross acre
The application of applicable City development charges would generate the following costs to the
developer based upon the area descnbed as provided within the site data summary sheet of the
preliminary plat description:
Park Nicollet Lot (Lot 1 Block 1):
Trunk Sewer & Water Chan!e:
4.32 acres @ $3500.00/ac = $15,120.00
Remaining Lots (Lots 1-3 Block 2):
Collector Street Fee:
5.58 acres @ $1500.00/ac = $8,370.00
Storm Water Manaeement Fee:
5.58 acres @ $6092.00/ac = $33,993.00
Trunk Sewer & Water Charee:
5.58 acres @ $3500.00/ac = $19.530.00
Park Dedication Fee:
7.28 acres @ $3550.00/ac = $25.844.00
$87,737.00
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.
16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
-I'\' !/
To: 1) Michael Lewis,Crystal Care fax: 612 8362794
2) Jane Kansier, DRC Coordinator, City of Prior Lake, fax: 9524474245
From: Jim Eggen, PLSL Watershed District Technician
Date faxed: April 25, 2001.
INITIAL REVIEW of
PERMIT APPLICATION
PRIOR LAKE-SPRING LAKE WATERSHED DISTRICT
Permit Application No. 01.12: Senior Living Community
Applicant:
Crystal Care
5200 Willson Rd
Edina, MN 55424
Phone: (952) 83602792
Agent:
Michael Lewis
Same as above.
Location:
Block 2, Lot 2, Park Nicollet Addition, on proposed Ring Road.
Purpose:
60 unit assisted living comrn~nity.
Application dated 4/16/01, received at PLSLWD 4/17/01.
Initial review comments: Application is incomplete for the following reasons:
1. Rate control is required. The existing and proposed rates for the 2, 10 and 100 year
events should be equal. However information 'provided shows these unacceptable
disparities:
Existing (cfs) Proposed (efs)
5.50 2 yr
13.68 10yr
22.45 100 yr
If the plan to use: a regional pond accounts for these disparities, please explain; see
Item 2 below.
2. Applicant is to provide documentation, such as a letter from the City, stating: a) that
the regional pond is planned/funded, b) the construction I in-service schedule and c)
that the pond is sized to include the contribution from the subject senior living project.
3. Include all impervious surface in the runoff considerations (i.e. including the rooftops).
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4. Document the B type soil (e.g. from Soil Survey or borings).
5. Document depth to groundwater and then establish the separation between the
bottoms of infiltration ponds and groundwater. That separation should be at least 4
feet.
6. On constructed depressions (ponds), show how you plan to keep fines from entering
the infiltration basin. The depressions should not drain at grade; rather leave some
dead storage in order to obtain sediment removal before the water flows to any
infiltration facilities.
7. Provide and document infiltration of ~ inch of runoff within 72 hours, using a
combination ofBMPs (see Rule D.3.i.).
8. General comment: These initial review comments are not necessarily all inclusive; the
applicant has the responsibility to address all applicable portions of the rule in order to
provide a complete application to the District.
. .
~
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PLANNING REPORT
PRESENTER:
PUBLIC HEARING:
DATE:
SA
REVIEW REQUEST TO VACATE THE EXISTING
DRAINAGE AND UTILITY EASEMENT LOCATED ON
OUTLOT V, THE WILDS (Case File #01-031)
JANE KANSIER, PLANNING COORDINATOR
YES X NO-N/A
MAY 14, 2001
AGENDA ITEM:
SUBJECT:
INTRODUCTION
Outlot V of The Wilds was originally platted in 1993. A drainage and utility
easement, 30' to 70' wide, was platted through the outlot to accommodate the
sanitary sewer line. Shamrock Development is in the process of replatting this
outlot as The Woods at the Wilds. The existing easement will encroach into the
buildable area of some of the new lots.
As required by State Statute 462.356 Subd.2, the Planning Commission is
required to make a recommendation to the City Council regarding the disposal or
acquisition of public lands as it relates to compliance with the Comprehensive
Plan.
Upon proper notification, State Statute 412.851 allows the Council to vacate
easement or right-ot-way by resolution. The statute also states "no such
vacation shall be made unless it appears to be in the public interest to do so".
DISCUSSION
The Planning Commission must make two determinations. Does the vacation of
the existing easement comply with the Comprehensive Plan and is there a public
need or anticipated future need for the dedicated property?
Comprehensive Plan Review
The Comprehensive Plan does not specifically discuss utility easements, other
than as a function of ensuring access to public utilities. The vacation of this
easement is not inconsistent with any specitic goal or objective of the
Comprehensive Plan. Although there is an existing sewer line at this location,
1:\OIfi1es\Olvacations\OI-031\OI-031 pc report. doc 1
16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (952) 447-4230 / Fax (952) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
the width of the existing easement is excessive. The new plat will dedicate
necessary easements for this area.
Public Need
As noted above, the new plat will dedicate necessary easements for this area
The approval of this vacation would allow the construction of dwellings on the
new lots.
RECOMMENDATION
The intent of the Comprehensive Plan is satisfied by the dedication of necessary
easements with the new subdivision plat. The Planning staff therefore
recommends approval of this request, subject to the condition that the resolution
vacating this easement is not recorded until the final plat is approved.
ALTERNATIVES:
1. Recommend the City Council approve the proposed vacation of the
easement as presented or with changes recommended by the
Commission.
2. Continue the discussion to a date and time certain to allow the staff to
provide additional information specifically requested by the Planning
Commission.
3. Based upon expressed findings of fact, recommend the City Council deny
part or all of the applications based upon inconsistency of the proposal
with specific regulations of the Zoning and Subdivision Ordinances and/or
specific policies of the Comprehensive Plan.
RECOMMENDATION:
The staff recommends Alternative #1.
ACTION REQUIRED:
Motion and second to recommend the City Council approve the vacation of the
easement as requested.
1:\Olfiles\Olvacations\OI-031\01-031 pc report. doc
2
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PLANNING REPORT
AGENDA ITEM:
SUBJECT:
5B
REVIEW REQUEST TO VACATE THE PLATTED
ALLEY AND A 20' WIDE DRAINAGE AND UTILITY
EASEMENT LOCATED IN BLOCK 9, PRIOR LAKE
ORIGINAL PLAT (Case File #01-032)
JANE KANSIER, PLANNING COORDINATOR
_YES X NO-N/A
MAY 14, 2001
PRESENTER:
PUBLIC HEARING:
DATE:
INTRODUCTION
R & K Sales, Inc. has filed a petition to vacate the platted alley and a 20' wide
drainage and utility easement on the property located on the north side of
Dakota Avenue, the west side of Main Avenue and south of Lakefront Park. The
applicant is proposing to develop this property. The proposed building would
encroach onto the platted alley and the easement. The applicant has also filed
an application to combine all of the lots as a part of this development plan.
As required by State Statute 462.356 Subd.2, the Planning Commission is
required to make a recommendation to the City Council regarding the disposal or
acquisition of public lands as it relates to compliance with the Comprehensive
Plan.
Upon proper notification, State Statute 412.851 allows the Council to vacate
easement or right-of-way by resolution. The statute also states "no such
vacation shall be made unless it appears to be in the public interest to do so".
DISCUSSION
The Planning Commission must make two determinations. Does the vacation of
the existing easement comply with the Comprehensive Plan and is there a public
need or anticipated future need for the dedicated property?
Comprehensive Plan Review
The Comprehensive Plan does not specifically discuss utility easements, other
than as a function of ensuring access to public utilities. The vacation of this
easement is not inconsistent with any specific goal or objective of the
1:\Olfiles\Olvacations\Ol-032\Ol-032 pc report.doc 1
16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (952) 447-4230 / Fax (952) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
...
Comprehensive Plan. There is an existing sanitary sewer line within the
easement; however, this sewer line will be disconnected and rerouted to serve
the new buildings on the lot.
The platted alley is unimproved and does not provide access to any of the lots at
this site. However, there is a telephone cable located within the easement. The
applicant is working with Integra Telecom to determine when and where this
cable should be relocated. The applicant is also working with Integra Telecom to
develop a maintenance agreement for the cable.
Public Need
The combination and subsequent development of the lots will eliminate the need
for the existing easement and the alley. If approved, however, the vacation of
the easement and the alley should be subject to approval of the lot combination
and approval of a development plan for this site.
RECOMMENDATION
If the lots are combined and redeveloped, there is no need for the existing
easement and the alley. The Planning staff therefore recommends approval of
this request subject to the condition that the resolution vacating this easement
will not be recorded until the combination of the lots is approved and recorded,
and a development plan for this site is approved.
ALTERNATIVES:
1 . Recommend the City Council approve the proposed vacation of the
easement and alley as presented or with changes recommended by the
Commission.
2. Continue the discussion to a date and time certain to allow the staff to
provide additional information specifically requested by the Planning
Commission.
3. Based upon expressed findings of fact, recommend the City Council deny
part or all of the applications based upon inconsistency of the proposal
with specific regulations of the Zoning and Subdivision Ordinances and/or
specific policies of the Comprehensive Plan.
RECOMMENDATION:
The staff recommends Alternative #1.
1:\01 files\O 1 vacations\01-032\0 1-032 pc report. doc
2
ACTION REQUIRED:
Motion and second to recommend the City Council approve the vacation of the
easement and the alley as requested subject to the condition that the resolution
vacating this easement will not be recorded until the combination of the lots is
approved and recorded, and a development plan for this site is approved.
1:\Olfiles\Olvacations\OI-032\OI-032 pc report.doc
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Reason/or Alley & Sewer Easement Vacations:
The request for alley and sewer vacations, are to allow for future consolidation of lots
within Block 9, of the Original Town Plat, City of Prior Lake, Scott County, Minnesota,
with the exception of the Daycare and Conoco properties. The consolidation will proceed
through the Administrative Lot Combination process. Once the lots are consolidated, an
application for a Conditional Use Permit (CUP) will be applied for to request approval of
a Senior Care HousingIRetail project.
1 ~ :--:') --.. -"-----
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Ili~'. i MAY 2 2001 -. J
I /., .
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I have reviewed the attached proposed request (Block 9 Vacation) fO'rutAS fuIlQ\A/il=lg"
'ie.
" '
\
1 " ~;......-'
x: Water City Code Grading
'f. Sewer Storm Water Signs
Zoning Flood Plain County Road Access
Parks Natural Features Legal Issues
Assessment Electric Roads/Access
Policy
Septic System Gas Building Code
Erosion Control Other
Recommendation:
Approval
Denial
~ Conditional Approval
Comments:
I/Ea..1F'"f ~~I e::~I$-r I/J(.,
\1 A;S 7..t::a.a (' ~) f-k.T\ 0E
8'RAN DONI tJ6
~A rJ I TY-fte. Y
5 ft...J ITA (l Y SE\.0D<.. LliUE
c:::; m \J 1<:" F l I..JE~ 'lSfPd<.E
:5EvJFIL ~ V AC.ATIN(C') FJ:\ScME;..!T ~
Signed:
~ ucD~ Date:
5/2/01
Please return any comments by Wednesday, May 2, 2001, to
Jane Kansier, ORe Coordinator
City of Prior Lake
16200 Eagle Creek Avenue SE
Prior Lake, MN 55372
Phone: (612) 447-9812
Fax: (612) 447-4245
1:\01 files\01 vacations\01-032\referral.doc
Page 2
I have reviewed the attached proposed request (Block 9 Lot Combination} for the
following:
Water City Code Grading
Sewer Storm Water Signs
Zoning Flood Plain County Road Access
Parks Natural Features Legal Issues
Assessment Electric Roads/Access
Policy'
Septic System Gas Building Code
Erosion Control X Other TE~
Recommendation:
Approval
Denial
X Conditional Approval
Comments:
wE.. All C.U~\ST l ~ Wo~~, t\H.=o LV \ '\ \-\
'iU\.~n'" S I M~c;.O~ WlTH THE. E."l(I~llV~ EIAISEME.l.JT W~IC.H
H~5. Pr MAu..i iELE. c.Pt~LE t1F au.~ LOc..A-iE.~ 11'\ IT. A5 :S~I.t.:)~
~N TP\~ 'PL~T I
tf'1tegra
TEI.ECOM
Don Barlage
D.S.P. Engineering & Design
4690 Colol1ldo Slreet S.E,
p~O( Lake. MN 55372
Mobije: 16' 21 9' 9-5887
Fax; (952) 226-3758
don.ila~ag8Cllint8gratelscom.com
www.inlegratelecom.com
Direet Di,l: (952) 22&-7064
Signed: ~~~~
Date:
"'--'2.(0 -0 I
Please return any comments by Wednesday, May 2. 2001, to
Jane Kansier, DRC Coordinator
City of Prior Lake
16200 Eagle Creek Avenue SE
Prior Lake, MN 55372
Phone: (612) 447-9812
Fax: (612) 447-4245
1:\01 files\01 adplat\01-033\referral.doc
Page 2
I have reviewed the attached proposed request (Block 9 Vacationl for the following:
Water City Code Grading
Sewer Storm Water Signs
Zoning Flood Plain County Road Access
Parks Natural Features Legal Issues
Assessment Electric Roadsl Access
Policy
Septic System Gas . BuildinQ Code
Erosion Control Other
Recommendation: _ APproval
Denial
. ~ Conditional Approval
Comments:...........- -.--....
~E. Prv...1: C.l1.R~~ -rL'\ WOR~' tu c.:, WI T\-\
""~~~'l S/m~bt\) 01\3 TA-\~ Fll-Cb~c~M'E..~\
ategrn
TELecoM
Direct Dial: (952) 226-7064
4690 Colorado Street S.E.
Prior l..... MN 55372
Mobile: (612) 919-5867
Fax: (952) 226.3758
dOIl.bal1age@lnlegratelecom.COf11
www.integratalecom.com
Don Barlage
a.s.p. Engineering & Design
Signed:
..~~~,
--
Date:
4-l..r.:.-D'
Please return any comments by Wednesday. Mav 2. 2001. to
Jane Kansier, DRC Coordinator
City of Prior Lake
16200 Eagle Creek Avenue SE
Prior Lake, MN 55372
Phone: (612) 447-9812
Fax: (612) 447-4245
1:\01 flles\01 vacations\O 1-032\raferral. doc
Page 2