HomeMy WebLinkAboutJuly 24, 2000
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REGULAR PLANNING COMMISSION AGENDA
MONDAY, JULY 24, 2000
Fire Station - City Council Chambers
6:30 p.m.
1. Call Meeting to Order:
2. Roll Call:
3. Approval of Minutes:
4. Presentation:
A. Downtown Redevelopment Guide Draft discussion.
5. Public Hearings:
A. Case #00-002 & #00-003 (continued) David Bell & Freedom Development & Consulting are
requesting an amendment to the approved plan for the Priorwood Planned Unit Development
(PUD 82-12) and for a preliminary plat to be known as Creekside Estates for the property located
at the intersection of Five Hawks Avenue and Priorwood Street.
B. Case #00-052 Joseph and Molly Cade are requesting a variance form the minimum setback to the
top of bluff and bluff impact zone for the property located at 6444 150th Street.
C. Case #00-043, #00-044 and #00-045 Wensmann Realty is requesting a Rezoning from the R-l
district to the R-2 district, a Preliminary PUD Plan and a Preliminary Plat, consisting of 60.93
acres to be subdivided into 54 single family lots and 122 townhome lots and 2 common area lots.
D. Case #00-038 Consider an Amendment to the Zoning Ordinance creating an overlay district for
the development of senior care facilities.
6. Old Business:
A. Case File #00-046 Consider an Amendment to Section 1101.501 of the Zoning Ordinance
relating to the combination of nonconforming lots divided by a private street but under single
ownership.
B. Comprehensive Plan discussion.
7. New Business:
8. Announcements and Correspondence:
9. Adjournment:
L ,IOOFILES lOOP LCD M MIOOPCAG ENIAG 072400. DOC
16200 Eagle Creek Ave. S.E.. Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQLJ/\L OPPORTL:NITY E\IPLOYER
PLANNING COMMISSION MINUTES
MONDAY, JULY 10,2000
1. Call to Order:
The July 10, 2000, Planning Commission meeting was called to order by Acting
Chairman V oOOof at 6:35 p.m. Those present were Commissioners Atwood, Criego,
Stamson and V oOOof, Planning Director Don Rye, Assistant City Engineer Sue
McDermott, Zoning Administrator Steve Horsman and Recording Secretary Connie
Carlson.
2. Roll Call:
V oOOof
Criego
Atwood
Stamson
Present
Present
Present
Present
3. Approval of Minutes:
First paragraph change to read" the meeting was called to order by Chairman Vonhof'.
The Minutes from the June 26, 2000, Planning Commission meeting were approved as
corrected.
V oOOof read the public hearing statement and opened the first hearing.
4. Public Hearings:
A. Case #00-048 Andrew and Renee Siebenaler are requesting a variance to
permit less than the minimum building separation of 15 feet between all structures
on the nonconforming lot and on the adjoining lot for the construction of a deck for
the property located at 3842 Pershing Street SW.
Zoning Administrator Steve Horsman presented the Planning Report dated July 10, 2000,
on file in the office of the Planning Department.
The Planning Department received a variance application from Andrew & Renee
Siebenaler proposing to construct a deck attached to an existing single family home. The
following variance is being requested:
. A 6.66 foot variance to permit an 8.34 foot structure separation instead of the required
minimum 15 foot separation between structures on the nonconforming lot and on the
adjoining lot.
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Planning Commission Minutes
July 10. 2000
The adjacent property owners at 3852 Pershing Street (Lot 35) applied for and were
granted setback variances for an addition on July 12, 1999, per Resolution #99-016 dated
June 16, 1999. The approved variance permitted a side yard setback of 5.82 feet for the
new addition along their C!;Hnmon property line. When the addition was constructed a
deck landing and stairs were placed into the required setback area. This was done in
violation of the granted variance resolution. The deck is in violation of City Ordinance-
Nonconforming lots may have side yards of not less than 5 feet. Therefon~~:t.h~ need for
a variance in this case was created because of the proximity of the neighB?t~iH~gal deck
structure.
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Staff concluded the requested variance for a puilding separation 6f:J,kss thartl:?:.between
the deck additions along the adjoining east property line me~.W:!8~~~l,lfdship 2H~me.' This
provides for a minimum building setback along the east pF9"peftYlihe of 5.71 andl.((
variance of6.66 feet to permit a building separation of~;$'4 fee!~nstead of the requ~.'15
feet per City Ord. 1101.502(8). Approval of a varia.P8.i.~~ouldngtp'e subject to the~}
conditions created by an adjacent property owner irlVi&l~~~g? or\(jitY9rdinance and an
approved Variance. .................... .......
Stamson: Clarification - If the steps on t4gJffi}9I:ng of the neighbqfi;:.:9f.Ck were not
present, would the variance be necessary .::.H(%~~s~sponded th~~~jViis correct.
Comments by the public:
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Applicants Andrew and R.~n~eSIe~@,haler, 3842,::pershing Street, presented before and
after pictures of their h9n1t~: Siebe~~t~rs explairt~.!Ww their neighbors' construction
prohibits access to t~wmhome.HH..
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Comments by the ComlHi~~hi.hers:.
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~ri~!i%f~~~!j'~eet :~!t.tomes is to provide a safety net for any fire. This
.:!.~.~ situation asking.(qia hazara between homes. The applicant is justified in asking
(rQt~xariance caused~y their neighbor's illegal construction.
. In ftiY9Ipf the variaIl9~:
. Aggres$!y~ly go aft'''the neighbor to remove the steps.
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Stamson: )}
. First reactioifis that this would not need a variance if the neighbor did not illegally
construct the stairs.
. Would rather see the City aggressively remove the neighbor's stairs.
Atwood:
. The variance is needed - do not delay the applicant.
. The applicant's letter supports her feelings.
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Planning Commission Minutes
July 10. 2000
Vonhof:
The variance criteria have been met.
MOTION BY CRIEGO,. SECOND BY ATWOOD, TO APPROVE RESOLUTION
00-008PC GRANTING A 6.66 FOOT VARIANCE TO PERMIT AN 8.34 FOOT
STRUCTURE SEPARATION INSTEAD OF THE REQUIRED MINIMUM 15
FOOT SEPARATION BETWEEN STRUCTURES ON THE NONCONFORMING
LOT AND ON THE ADJOINING LOT. ....................................
Vote taken indicated ayes by all. MOTION CARRIED.
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B. Case #00-049 Alvin E. Miller has requested a var!!ms~t9 vehicui'~ij~Rfess
lower than 907.9 feet, the minimum required 2 feet be~p~flieregulatory flo6ij:<
protection elevation.:....
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Zoning Administrator Steve Horsman presented theFPht@Mng R&,piMitgated July 10, 2000
on file in the office ofthe Planning Department. HHHH 'H" H..
The Planning Department received a vari~Rff.!:pplication froml\lY1!1:}>1i11er for the
construction of a single family dwelling w~~paij~Qht4garage. T1i~:'Jonowing variance is
being requested: A variance of 4.9 feet to p~pnifa:%~lj18Hillr ac.pess to be 903.0 feet
rather than the required 907.9 feet, 2 feet belg>>, th~:Re'gtila~9iPlood Protection
Elevation (RFPE) of909.9 fey:h ..H HH. .....H
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The City Engineering .Q~p~rtment ~~~ reviewedt~~:y.ariance request and responded that
Flint Road is a publ~pr9fdway, rai,~~rig the road \yjfrld affect a lift station located across
the street from thispfo~rtY~ an.qMfgB~H[~M~}~feconstructing neighboring driveways on
the street. HnnnnHnH
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Patrick L.yppHw1tH]~@pepartirt~n~2t~atural Resources submitted written comments on
this r~gJMst. The DNt{i~~Feved iq~)11~ particular case, because the entire length of road
wop14;need to be raised~!gpificaIiny, this would not be practical for the individual
larltloYmf?r. The DNR isiqt opposed to the requested variance with the recommendation
that a pt~F:9t developed.#qaddress access to the property by the owner and emergency
vehicles dUfffigtimes qptIooding.
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Planning Commission Minutes
July 10. 2000
Atwood asked for clarification on the electrical easement. Horsman responded.
Criego questioned the lake. setback. Horsman explained the setback averaging at 52 feet.
Comments from the public:
Applicant Alvin Miller, 15276 Flint Road SE, said his objective had be~g::~mHedby the
DNR. It is impractical to raise the road. The other side of the road is.y:g4~ve10ped.
Supported the DNR recommendation. ...... .
Comments from the Commissioners:
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Stamson:
. The variance hardship criteria has been met. ........::..:.
. What has been suggested by staff is consistent WitH:p.t!y~o~~Siffi~tions.
. Support the request with staffs conditions.' ....
Criego and Atwood:
. Agreed.
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Concurred with Stamson, thy,hro;9;.~h1P criteria'h~d been mef
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Vote.:~~n indicated1yi~:p.y all. lOTION CARRIED.
d::::;::'::s!.se #00-050 & ~il-051 Shamrock Development is requesting rezoning
from PtJg::~793 to R-l ~p;a a preliminary plat to be known as The Wilds 5th
Addition.
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Planning Directq;::'Oon Rye presented the Planning Report dated July 10, 2000, on file in
the office of the Planning Department.
Shamrock Development has applied for a zone change and a preliminary plat for property
located on the north side of County Road 82 and west of Wilds Parkway_ A portion of the
property is currently in the Wilds PUD. The remainder is a large single family lot which
is zoned R-l. The applicant is requesting the zoning on the parcel in the Wilds be
changed from PUD to R-1 Low Density Residential. They are also seeking approval ofa
preliminary plat consisting of 39 lots.
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Planning Commission Minutes
July 10.2000
ZONE CHANGE:
The applicant is requesting a zone change on a portion of the site from PUD to R-I,
Low/Medium density residential. The criteria for granting a zone change include the
following:
1. There was a mistake in the original zoning.
2. Conditions have changed significantly since the current zoning was adopted.
3. The Comprehensive Plan has been amended. ...
Any of these criteria may be used to evaluate a request for rezoning.
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This case is somewhat unique in that part of the site is zoned P~..~hd parFl~..4Pned R-I.
Normally, it is desirable to have the same zoning on a deve19pm~pt,:9fthis na14;~jp order
to have consistent regulations over the site. The ComprehxuSiVePlan designatioH8n~Jhr
site did not change from the 2010 Plan to the 2020 Pla1.1(iAs nots:.~ previously, the "1~tds
PUD will be the subject of a request to amend the pYmky deldip;~}he subject property
from that PUD. It seems reasonable the subject propeHY~B9uld,p~i9Bed R-l in it's
entirety.
PRELIMINARY PLAT: .........................,......... ..,.,...,.:.:.::......::..:.:.:..
Several conditions need to be met before~#,M~p~~ttU?proval. TheSi~H~:
1. The lot areas above the 100 year flood&!rvatiB~9~~Bd8:~e.petermined for those lots
abutting the ponds and wetlands. \::.::(} H:.}
2. The comments of the En&ffi~PHg DepartiV~Hf need to.ijereflected in the approved
preliminary plat.::~::\:~:~:~..\::::
3. The need for tree re,pJa6ement ti~~ds to be ddB~:pnrnted.
4. Lot line easemel}~~:n~ed to be~9bwn..}
5. A copy of the cdVe~t~.to 9y!~9Qrq~9n~peproperty need to be submitted.
6. The width and area oN~~B~merlotsHeealo be adjusted to meet ordinance
requirem~p.t~,.::...
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Crieg9~~ked for c1arlij9~~jon on t~iMdjoining property and new development with
W~B~wann Homes. Ryei~plaindfthe background and amendment.
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Comme'~~:from the pu~lic:
Comments from the Commissioners:
Stamson:
· In regard to the zoning change from a PUD to RI - It is appropriate and consistent
with the Comprehensive Plan and the surrounding area. It makes sense to remove
that portion from the PUD.
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Planning Commission Minutes
July 10.2000
. Preliminary Plat - Initial intention was apprehensive to approve the permitted plat
without seeing the changes. Staffrecommended removing the cul-de-sac. But it has
been worked out.
. Staffs other conditions are appropriate.
. Rye commented the cul-de-sac issue was worked out with the engineering
department.
Atwood :::)))':''':
. Concurred with Stamson, staffs conditions are reasonable and hi;l.;Y~:p'~en met by the
applicant.
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Criego:
. Concurred with the request for zoning change.
zoned Rl.
. It is a good addition to the community.
It mak~g~~;s~'to have the e~tit~.~a
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V onhof:
. Agreed with the Commissioners' comw~nts on both issueS::~~ the 6 conditions.
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Vote taken indicated ayes bYAttt;:.::'MQTION C~ED.
MOTION BY CRIEq~;:::SECOND::!ly ATWod~r:wO RECOMMEND APPROVAL
OF THE PRELlM~~X PLAIifQg. THE WWDS 5TH ADDITION WITH THE SIX
CONDITIONS ST A TEn::IOC..~$APFili ...............:
Stamson s~~9:mip$f~rence w6;i!9,,:~e ~p not pass at this point and take a minute to look at
the re-4rl,il-.Wtng. Ryg:~ilq:it wasfa:itl,y:B6mmon to approve a preliminary plat with
con4!~~ohs. The understii9ing is.:yBihing will go forward until the changes and
c9ti~9t~9ns are made. T~i:..fhanges are not significant.
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EngineeF:~'9* Polta, Piggter Engineer presented the new layout with the changes. Two
lots were eHmmf.lted t.9;:~bcommodate all the appropriate setbacks.
Vote taken indic.~tes ayes by all. MOTION CARRIED.
D. Case #00-002 & #00-003 David Bell & Freedom Development & Consulting
are requesting an amendment to the approved plan for the Priorwood Planned Unit
Development (PUD 82-12) and for a preliminary plat to be known as Creekside
Estates for the property located at the intersection of Five Hawks Avenue and
Priorwood Street.
Planning Director Don Rye presented the Planning Report dated July 10,2000 on file in
the office ofthe Planning Director.
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Planning Commission Minutes
July 10. 2000
Eagle Creek Villas, LLC, and Freedom Development and Consulting have filed
applications for the development of the property located at the northwest quadrant of the
intersection of Five Hawk~ Avenue and Priorwood Street, directly north of Five Hawks
School. The applications include a request to rezone approximately 45,000 square feet of
property described as Lots 2, 3 and 4, Holly Court from the R-3 District to the R-4
District, amend the approved plan for PUD 82-12 to include the Holly COll.!fPH?perty and
to develop the site with 1 02 units of senior housing, and a request for appt6vat6fa
preliminary plat for this site, consisting of 12.7 acres to be subdivideclm~p. 3 lots and one
outlot.
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Staff felt there were several outstanding key issues that rema,~BwH~:this propB~!t.
including the following:
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1. The location of wetlands must be identified on a,Ugt!he lotsigpis delineation.ttffects
the lot area, the density calculation and the bui1dirlg~~~~:~~i:'m),
2. Provide preliminary plans for the trail connection betWe#ijp?rth and south Five
Hawks A venue, including the pedest~~~~~dge..{
3. The PUD plan and the preliminary pla~rnq~~:J?KI~vised so thel~dlng plan,
landscaping plan and site plan are consi~~~nf~'~~]:~~~~:tr
4. The building location on Lot 2 must be r~:h~Kd'so thEtb9~ldlng does not encroach into
the drainage and utilit~.2~~mM~~~~ on HolI~ijkourt.
5. The plans should be..f~Vised to.;!et all ordi~pc~requirements, including building
setbacks, parkingJqt.setbacks,ppilding mateq@.;s;building height, landscaping, and
lighting. If the.4eV~tfm.~r pr9P9~~~.m9qiu.Sfli!lBns to these requirements, a list of the
requested modificati6h!'irogSt'bestfbnutt@along with the reasoning behind these
requests. ........
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6. Ide~~~ytHEror;e#,:~i!:;e on th~.~~8]plan.
7. g~6Vlde covenantstqripoth 01J.;t1bt A and the congregate housing building.
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Duetg~hy number of out~t~nding issues with both the PUD plan and the preliminary plat,
staff fett:~~w.as reasonabJ~.:to continue this item. This would allow the developer the time
to addresstbese issues.:)
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By letter datedJ~!y)i~ 2000, Clint and Nadine Bristol stated their opposition to the
proposal. .....
Comments from the public:
David Bell, Freedom Development & Consulting, gave an overview of the project
including some of the following issues:
. The reduction of units from 168 to 102 units.
. There will be open space by the Roanoke Street area.
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Planning Commission Minutes
July 10. 2000
. The zoning change is to zone property that was outside the PUD approved in the
1980's.
. The developer will removing 29% of the trees, well under the 50% allowed under the
City's tree preservation ordinance.
. Underground parking will help retain the green space.
. There have been modifications made to the setbacks.
. Clustering the buildings will retain the green space but will require soW;~:RM~!~ing
setbacks. /::::::::H...... .......
. The Class I building requirements are met per staffs condition. ..:::::::::):::::::::::::::\:::::
. The retention pond has been removed and the building moveQ4~;flhe'sQnt4 to be out
of the wetland area.
. The open space has been identified by language. ..:::::::::.::.....:....:: ....:::::::::::::: .:.
. Bell will be addressing and providing the covenants:!!#.ter discussions with staff;':'::)
. The biggest issue is going to the Council and ma!f~::~ure the:~9pstruction approy~T is
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. Bell asked the Commission to consider approving thg:~tmJ#~~iio;{\vith the conditions.
Tom Sylvester, 4031 Roanoke Street, saig:M':jpl the assuranceBt:mr:}~p between the
creek being dedicated to the school, he w:Q.~ldtq~YtJ~o problem W1lq.::the development.
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Donald Fehr, 4344 Priorwood Street, felt it\Y~s irpp8rtant::~ft:.Port Mr. Bell in his latest
effort. It is a good effort to sa.y~:th:~ trees and:):w~d~md and]f:~duce the number of units.
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Don Monnens, 4378 Pri.gfWood, w~~'foncerned:'i,th.}he creek flowing through his back
yard as the pond is ri.~j,P;g: Monnel}~questioned nq'tar the building would be from the
~~~~::~~ler~:~c~::~~!t'~~~lg~(~lii~i@~~:t~:;~ t~:~~~re~~~i:~~ ~~:i~:~~sed
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Louise KQoikitr\4i338.:,priorwoddsaidshe was concerned for the east side of the
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developpieiit. She qTi~~P9ned if m~::~ree line was going to stay and where the drainage
wouJtfhe going on the413.@l.,nit building. Bell responded to her questions. Kooiker
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qHest~9n@d if the senior hg1!sing designation could be changed at any time. Rye
resportdi,9Jl:1e original prgposal was for assisted living. The current proposal would be
just senioi{~~yjp.g with ~9V1e services. Bell said the home health care will be provided by
private andp~R~!f e1];~~~ies.
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Criego asked Mp;?Bell to explain the water flow on the east building. Bell explained 25
to 30 feet of the east side would flow to the east. Otherwise catch basins are in place to
control the runoff. Bell stated they could put gutters on that side of the building.
Grant Heinz, 16493 Five Hawks, wanted to know how many trees were going to be cut
down on Five Hawks Avenue. Bell said the majority of the trees on the site have been
graded. A total of29%, probably around 125 trees would be removed but they are also
planting 150 trees. Heinz said he likes to hear the birds in the morning and enjoys the
wildlife. Criego asked Heinz to identify his home in relation to the project. Bell
estimated the distance to be between 150 and 200 feet away with a creek in between.
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Planning Commission Minutes
July la, 2000
Heinz said his concerns were for the erosion of the area, tree removal, trails, home
ownership and was generally against the project.
Jerry Kooiker, 4338 Priorwood Street, was concerned the pond is filling up with silt.
Kooiker felt the project would have a negative impact on the pond and wanted to make
sure the drainage was in place.
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Atwood commented on her nearby ponds. McDermott explained the N.U;f{;P:IMnd
maintenance program the City is working on.
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Bob Jones, 4266 Priorwood, said Mr. Bell addressed a lot of conc~ts ancft~~9f.~' Jones
had one more concern with the traffic count. Bell responded,Jq~Ji~lfic studYw-~~one
by a third party and explained the counts. Bell said a stop$igifW3U1d be installed:~ttb~>
. . . . . . . . . . . . . . . . . . . . . . .
end of Five Hawks. Jones felt Five Hawks Street was I)p:tfn very good condition a~~]iad
a lot of parking problems. He would like to see tra~fi8~~~hts wHUtpe reconstructidfiof
the County Road. HHHHH . .H .
.......... ..... .....
.......... ..... ....
. . . . . . . . . . . . . . . . . .
.......... ..... ..
.......... ..... .
.......... .....
Leon Wegener, 4328 Priorwood Street, indicated in the origiriiY.wesentation Mr. Bell
said the north building would be assistedJ~Y~ngJ. now it has beeii9g~lJg~d to a "for sale"
building. Wegener felt the senior campuspf6jit;:hl:l,~been incons!~ti~ht.
.................
.................
.................
.................
.................
.... ..................
.... ...................
..... .....................
..... ........................
Pete Lebens, 4172 Cates Street, said all the sW!oHpdlngte~~~~nts are concerned for the
development. H..H
..... ...
...... ......... ....
...... ......... .....
...... ........ .....
Amanda Kern, 4171 C*~sStreet, q!~$tioned the:.9I~p.age ponds and the impact of runoff.
McDermott said the:q~y~~oper is f.r:9uired to give.: Bl1culations showing he can control the
runoff within his pt6pdfli):Yld t.P.!1:MW!n~qk~2X#6nstructing a pond on the north side.
The City looks very closay:.ll~.l~~afanahave~sked for additional information.
.......... ..........
.............. ..........
................. ..........
.................... ..........
Tim Henp~p.g;:164t.~.l:\pJany, stit~gb~rwas concerned for the material that will flow into
the cry~k..McDermott:t~~pondedl~i(:1evelopers put up silt fences, most of the water will
gojB~9the sedimentatid*=R~sins.::
.... .......... .......
.." .......... .......
.. .........., .....-.
. ........... ......
........... ......
.......... ......
Gene EqQ~~pn, 4056 Roioke Street, stated everyone has been patient with the project
and thanke~~~l:l,ff and th.,ideveloper for listening.
......
..
.......... ......
Comments froh!:~~~{ Commissioners:
Criego:
. Considerable improvements made over the last plan.
. Thanked Mr. Bell for listening to the community. Bell addressed many of the
concerns.
. The number of units per building is fine.
. Concerned for runoff into the wetlands and will look closely at that issue.
. The traffic study and recommended stop signs will be helpful.
. Commend Mr. Bell for giving the acreage to the School District.
1 :\OOfiles\OOplcomm\OOpcmin\mn071 OOO.doc
9
Planning Commission Minutes
July 10,2000
Stamson:
. Agreed with Criego, the developer addressed concerns of the Commission and
neighborhood.
. This development is a big plus for the community.
. With every development plan there is a give and take. This is a better plan for saving
the trees.
. Agreed with the concerns staff noted.
...... "::::::;:;:;:;:;::::-,
Atwood:
. .
....... ..........
.................. ....................
. This is a good development, not perfect, but pretty close. It i!f.p,~ighborHQQAJriendly.
. It makes sense to amend the PUD.::::.:.::::::/:\::::.:.::}' '::::::.: .':'.
. As long as it does not affect the date going to City CgW1CiI- would like to havi(m~)
time to look over the plans submitted tonight.... ':.. . ..
Questioned if the irrigation plan 'been added. a:~ll::~i~q:they _m~ways planne~r on all
three buildings being irrigated. The plans will be stibW~!:s:qiWith4he construction. It
could be a condition of approval.
.
V onhof: ..:;:;:;:;.:....:.:::::::::;:;.;.:::::::::::::..... ..::::::,::::::::.,
. Agreed with Commissioners this propo~f1fr&fieQ~Mqt~oncerq~\)fthe neighbors. It
b fit ................................. .....
ene 1 s everyone. ".::::.:.:. ..:.:.:.:.' '" ....::::::::::::::::?~}:;:;:~:~:~:~::::::::.
. Supported the proposed re?;9n~pg.'::::\()':')
. Would like to see the sp~BHib:~~:nges entJi;~p into the record for the preliminary plat.
Criego:
· ~~~~o:~~ ;~~~!,I'.t.;J;::!'~gilif.fif:te~;~::~~I~c~~~~~:~~s~h~~~~~id
~~:::.~~;::~0:::~~i:::t~~~h. RYi:::~~id the school put woodchip trails off Five Hawks
. Wj:tlj;::tK~ devel~~{~~:.~9pating.8:;:lt;:~facres to the school, he questioned if the park
.diidication fee could\be.:waived?Rye said it would be up to the City Council.
....... ......................
.. ..........
. ..........
V onho(~t:::.. ::.:..
. Underti.~grdinanc@;;the City cannot accept wetlands as park dedication.
.......... .
":':';':':-:-:':':';'. ..:.:.:.:.:.'
.........., ......
Mike GundlaciF~~gg:ested an amendment to the Council.
MOTION BY CRlEGO, SECOND BY STAMSON, TO TABLE THE ITEMS TO
JULY 24, 2000, AFTER HAVING AN OPPORTUNITY TO SEE THE NEW
INFORMATION AND ADDRESS ISSUES RAISED DURING THIS MEETING AND
THE STAFF REPORT.
Vonhofreopened the public hearing to be continued July 24,2000.
Vote taken indicated ayes by all. MOTION CARRIED.
1:\00files\00plcomm\00pcmin\mn071000.doc
10
Planning Commission Minutes
July 10.2000
A recess was called at 8:40 p.m. The meeting reconvened at 8:48 p.m.
5. Old Business:
The EDA workshop with the City Council has been rescheduled to Tuesday, July 11,
2000, at 5:30 p.m.
Mark Cramer resigned and a Notice has been placed in the Prior
position.
Research the chairperson position.
6. New Business:
7. Announcements and Correspondence:
8. Adjournment:
The meeting adjourned at 8:54 p.m.
Don Rye
Director of
1 :\OOfiles\OOplcomm\OOpcmin \mnO?1 OOO.doc
II
AGENDA ITEM:
SUBJECT:
PRESENTER:
PUBLIC HEARING:
DATE:
INTRODUCTION:
PLANNING REPORT
SA
CONTINUED PUBLIC HEARING TO CONSIDER A
ZONE CHANGE REQUEST BY EAGLE CREEK
VILLAS, LLC, AND FREEDOM DEVELOPMENT AND
CONSUL TING FOR PROPERTY DESCRIBED AS
LOTS 2, 3, & 4, BLOCK 2, HOLLY COURT, AN
AMENDMENT TO PUD 82-12 AND A PRELIMINARY
PLAT FOR THE PROPERTY LOCATED IN SECTION
2, TOWNSHIP 114, RANGE 22
JANE KANSIER, PLANNING COORDINATOR
X YES NO-N/A
--
JULY 24, 2000
The Planning Commission held a public hearing to consider this item on July 10, 2000.
The Commission continued the hearing to July 24, 2000, to allow the developer to
address several issues raised in the staff report.
After discussing these issues with the staff, the developer is not able to submit the
necessary information for this meeting. He has therefore requested this item be continued
to the August 14, 2000, Planning Commission meeting.
ACTION REQUIRED:
A motion and second to continue this item to August 14,2000.
1:\OOfiles\OOpuds\creek2\creekpc2.doc Page 1
16200 Eagle Creek Ave. S.E.. Prior Lake. Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
A:\ EQUAL OPPORTUNITY EMPLOYER
"
AGENDA ITEM:
SUBJECT:
SITE:
PRESENTER:
REVIEWED BY:
PUBLIC HEARING:
DATE:
INTRODUCTION:
PLANNING REPORT
5B
CONSIDER A VARIANCE TO BLUFF SETBACK, FOR
JOSEPH & MOLLY CADE, Case File #00-052
6444 150th STREET SE
STEVEN HORSMAN, ZONING ADMINISTRATOR
JANE KANSIER, PLANNING COORDINATOR
_X_ YES NO
JULY 24, 2000
The Planning Department received a variance application for the construction of
a porch and deck addition to an existing single family dwelling on the property
located at 6444 150th Street (Exhibit A Survey Of Proposed Conditions). The
lot is a legal nonconforming lot of record because there is an existing structure
on the lot which was originally built in a bluff setback zone before setbacks were
established. The following variance has been requested by the applicant:
A 25 foot variance to the bluff setback to permit a porch and deck
addition to be setback at the top of bluff rather than at the minimum 25
foot setback.
DISCUSSION:
The subject property is located within the R-1 (Low Density Residential) and the
Shoreland (SO) Districts. The lot is riparian with a top of bluff determination at
the 936 foot elevation contour along the west lot line and the 940 elevation
contour along the east lot line. The lot is approximately 104 feet wide and 301
feet deep for an area of 31,056.5 square feet to the 904 foot elevation. The
original house was built into the bluff in 1976 (Exhibit B Survey of Existing
Conditions). As determined, the top of bluff runs diagonally through the existing
structures.
The existing deck is approximately 12 feet deep by 68 feet wide with a 12 foot by
12 foot roofed screened porch on the east end (porch not on survey but verified
by field inspection). An existing concrete patio is directly below the deck and
porch, along the entire back of house at the basement walkout level. The deck
setback to the 904' ordinary high water mark (OHWM) is 110.23 feet.
16200 Eagle Creek Ave. S.E.. Prior Lake. Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
The proposed 4 season porch addition is approximately 12 feet wide and 14 feet
deep and the proposed deck dimensions very with a maximum depth of 26 feet
at the point and spear heading back to 14 feet deep by 38 feet wide with an 18
foot walkway that connects to a spiral stair case. In addition, the lower level
patio is proposed to be increased to accommodate a ground level deck with hot
tub (Exhibit C Porch, Deck & Patio Plans). The proposed setback from the
deck to the 904' OHWM is 101.46 feet. As proposed the new deck structure
encroaches approximately 8.77 feet deeper into the bluff impact zone.
The proposed plans include a total impervious surface area of 7,146 square feet
for a 23% hard surface coverage area, and is within the acceptable 30% allowed
by Ordinance 1104.306 (Exhibit D Impervious Surface Calculations).
On April 4, 2000, the Engineering Department issued an excavating/filling permit
for landscape improvements to the bluff area that included removing old steps
and landscape timbers and replacing them with stone steps and boulder
retaining walls.
The applicants have provided an engineer's report on the proposed additions
location in relation to the bluff impact zone (Exhibit E Barr Eng. Letter).
The Department of Natural Resources has submitted comments on this request
(Exhibit F DNR Letter). In essence, the Department of Natural Resources is not
opposed to the replacement of existing conditions utilizing the existing footings,
but opposes the proposed addition.
VARIANCE HARDSHIP STANDARDS
1. Where by reason of narrowness, shallowness, or shape of a lot, or
where by reason of exceptional topographical or water conditions or
other extraordinary and exceptional conditions of such lot, the strict
application of the terms of this Ordinance would result in peculiar and
practical difficulties or exceptional or undue hardship upon the owner
of such lot in developing or using such lot in a manner customary and
legally permissible within the Use District in which said lot is located.
The bluff setback variance could be minimized by permitting replacement of
the existing porch/deck conditions. Therefor, the variance as requested for
the proposed addition does not meet the hardship standards.
2. Conditions applying to the structure or land in question are peculiar to
the property or immediately adjoining property, and do not apply,
generally, to other land or structures in the Use District in which the
land is located.
L:\OOFI LES\OOV AR\OO-052\V ARRPT .DOC
Page 2
The bluff restrictions were adopted into the City's Zoning Ordinance after the
construction of the original structure. The bluff is also a unique condition of
the property and neighborhood, but is not exclusive to this neighborhood or
lot.
3. The granting of the proposed Variance is necessary for the preservation
and enjoyment of a substantial property right of the owner.
The granting of the bluff setback variance can be reduced by redesigning the
proposed structure eliminating the additional 8.77 foot encroachment into the
bluff impact zone.
4. The granting of the proposed Variance will not impair an adequate
supply of light and air to the adjacent property, unreasonably increase
the congestion in the public streets, increase the danger of fire, or
endanger the public safety.
The granting of the bluff setback variance for replacement of the existing
porch and deck should not impair adequate light and air to adjacent
properties nor endanger the public safety. However, approval of the
proposed addition could be detrimental the adjacent properties, as the
encroachment is further than the existing structure and disturbance of the
bluff will occur.
5. The granting of the Variance will not unreasonably impact on the
character and development of the neighborhood, unreasonably
diminish or impair established property values in the surrounding area,
or in any other way impair the health safety, and comfort of the area.
The setback variance to the bluff as proposed will have an impact on the
natural topography of the lot. Replacement of the existing conditions will
have a lesser impact.
6. The granting of the proposed Variance will not be contrary to the intent
of this Ordinance and the Comprehensive Plan.
The granting of the setback variance for existing replacement is not contrary
to the ordinance as long as all other ordinance criteria are met such as
impervious surface and the OHWM setback.
7. The granting of the Variance will not merely serve as a convenience to
the applicant but is necessary to alleviate a demonstrable undue
hardship or difficulty.
The variance to the bluff is not necessary as proposed, as the existing
structure could be replaced with less of an impact on the bluff.
L:\OOFI LES\OOV AR\OO-052\V ARRPT. DOC
Page 3
8. The hardship results from the application of the provisions of this
Ordinance to the affected property and does not result from actions of
the owners of the property.
The increased bluff encroachment variance is a result of actions by the
property owner and could be eliminated upon redesign of the structure.
9. Increased development or construction costs or economic hardship
alone shall not be grounds for granting a Variance.
Financial considerations are not the grounds for the granting of this variance.
RECOMMENDATION:
Staff feels the hardship criteria with respect to the replacement of the existing
porch and deck into the bluff setback have been meet. The requested bluff
setback variance can be reduced to minimize the affect of the addition by
replacement of the existing footprint. The staff therefore recommends denial of
the requested variance as proposed on Exhibit A but recommends approval of a
bluff setback variance permitting replacement of the existing deck and porch
additions.
If the Planning Commission feels a variance to the bluff setback is appropriate,
this item should be continued to a date specific to allow the applicant to redesign
the structure, and revise the accompanying survey.
ALTERNATIVES:
1. Approve the variances requested by the applicant, or approve any variances
the Planning Commission deems appropriate in the circumstances.
2. Table or continue discussion of the item for specific purpose.
3. Deny the application because the Planning Commission finds a lack of
demonstrated hardship under the zoning code criteria. In this case, the
Planning Commission should direct staff to prepare a resolution with findings
denying the variance requests.
ACTION REQUIRED:
A Motion and second adopting Resolution 00-10PC denying the setback
variance to the top of bluff as proposed by the applicant.
L:\OOFILES\OOV AR\OO-052\V ARRPT. DOC
Page 4
RESOLUTION OO-OlOPC
A RESOLUTION DENYING A 25 FOOT VARIANCE TO PERMIT A 0 FOOT
BLUFF SETBACK INSTEAD OF THE REQUIRED 25 FOOT BLUFF SETBACK
BE IT RESOLVED BY the Board of Adjustment of the City of Prior Lake, Minnesota;
FINDINGS
1. Joseph R. & Molly Cade have applied for variances from the Zoning Ordinance in
order to permit the construction of a deck and porch addition to an existing single
family dwelling on property located in the R-1 (Low Density Residential) District and
the SD (Shoreland) District at the following location, to wit;
6444 150th Street SE, legally described as follows: The east 100 feet of the
west 300 feet of tract H, registered land survey No. 76, files of the Registrar of
Titles, Scott County, Minnesota, according to the recorded plat thereof.
2. The Board of Adjustment has reviewed the application for variances as contained in
Case #00-052PC and held hearings thereon on July 24, 2000.
3. The Board of Adjustment has considered the effect of the proposed variance upon the
health, safety, and welfare of the community, the existing and anticipated traffic
conditions, light and air, danger of fire, risk to the public safety, the effect on property
values in the surrounding area and the effect of the proposed variance on the
Comprehensive Plan.
4. Because of conditions on the subject property and on the surrounding property, the
proposed variance will result in the impairment of an adequate supply of light and air
to adjacent properties, unreasonably increase congestion in the public streets, increase
the danger of fire, and danger to the public safety, unreasonably diminish or impair
health, safety, comfort, morals or in any other respect be contrary to the Zoning
Ordinance and Comprehensive Plan.
5. The proposed deck and porch addition increases the existing encroachment into a
bluff impact. The applicant has control over the house design and shape, such that
the hardship created has been created by the applicant. Reasonable use of the
property exists with a smaller building footprint.
6. While there is a bluff on the lot, there is no justifiable hardship caused by the bluff as
reasonable use of the property exists without the granting of the variance.
I:\template\variance\denyres.doc 1
16200 Eagle Creek Ave. S.E.. Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
A\' EQUAL OPPORTUNITY EMPLOYER
7. The granting of the variance, as originally requested, is not necessary for the
preservation and enjoyment of a substantial property right of the applicant. The
variance will serve m~rely as a convenience to the applicant, and is not necessary to
alleviate demonstrable hardship. The factors above allow for an alternative structure
to be permitted with a reduced variance or none at all.
8. The contents of Planning Case #00-052PC are hereby entered into and made a part of
the public record and the record of decision for this case.
CONCLUSION
Based upon the Findings set forth above, the Board of Adjustment hereby denies the
following variance for a future deck and porch addition to a single family dwelling (as
shown in attached Exhibit A);
1. A 25 foot Variance to permit a 0 foot structure setback from a bluff instead of the
required 25 foot bluff setback.
Adopted by the Board of Adjustment on July 24, 2000.
Thomas E. V oOOof, Commission Chair
ATTEST:
Donald R. Rye, Planning Director
I: \template\ variance\denyres.doc
2
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EXHIBlT .0. .IMPER.V.'IOUS WOR.KSHEET
CITY OF PRIOR LAKE
.. '. Impervious Surface Calculations' .,.. " . ':. .
". . .0:0. be ~ubmitted wIth B~ilding PennitAppIiCltion)', .' .
For Ail Prop<<:~esLocate.d in the Shoreiand District (SD).
The Maximum Impervious Surface Coverage Perriiitted hi 30 Percent.
Property Address 6#4- -' l5""tJ 71f 5~
IA~ 71) ,
Lot Area I ~6 ," If'' ~' Sq. Feet x 30% -' ........~..... 13/6, tjt;"
*****~**** *************************************************************
LENGTIl
WIDTH
SQ. FEET
HOUSE
x
=
X... -
ATIACHED GAR.A..GE
x
=
TOTAL PRINCIPLE STRUcrURE--.._...
2/ f) /
DETACHED BLDGS
(Garage/Shed)
. . ," . - ,-e. ..... X:.' , '
X
TOTAL DETACHED BUILDINGS....................... NIJ
~RlVEW i;i)P.A VED AREAS X
(g.ob8..~ ~41la If RIt) Pt2.IV-A1ISPfZ,..,elS~1) x.
~~arkingAreasj)l47 + lfJ'Ilo
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=
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=
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TOTAL P A YED AREAS........_.............................
4f,7~
0.TI~ORCHESIDECKS
(Open Decks ~.. min. opening- between
boards. with a pervious surface below,
are not considc:n:dlo be impervious)
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TOTAL OTHER......_._~................._......__.... HI'}
TOTAL IlVIPERVIOUS SURFACE
~VER.. ... L
Prepared By ,z;:.. -;2 r
Company ~L~ ~...'.
I 7 I 4(0 l
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Date 7 -/ tP - U'tf/t:J .
Phone #: 4J2-~t?o
Barr Engineering Company
4700 West 77th Street. Minneapolis, MN 55435-4803
Phone: 952-832-2600 . Fax: 952-832-2601
BARR
Minneapolis, MN . Hibbing, MN . Duluth, MN . Ann Arbor, MI . Jefferson City, MO
June 20, 2000
Mr. Joseph R. Cade
6444 IS0th Street
Prior Lake, Minnesota
Dear Mr. Cade,
This letter report concerns the impact of the proposed deck and three-season porch on your property at
6444 IS0th Street, Prior Lake, Minnesota with respect to the stability of the bluff slope in accordance with
the zoning ordinance subsection 1104.30S. Philip B. Solseng, Barr Engineering Co. reviewed the property
on Saturday, June 17,2000 and the plans were received and reviewed on Monday, June 19,2000. The
following is a summary of the findings.
The existing deck and concrete patio will be removed and replaced with a new deck and 3-season porch.
The existing deck and patio are above the bluff but within the bluff setback (as defined by Zoning
Ordinance 1104.303 and 1104.304) and on a relatively flat area in back of the house. The proposed
addition will be the same. A landscaping plan by Yardscapes dated January 2S, 2000 and updated March 4,
2000 shows a retaining wall along the bluff slope where the slope is steeper than about 30 percent. The
proposed deck and 3-season porch are shown to be generally greater than about fifteen feet away the
retaining wall. The west side of the house is an exception where a small retaining wall is proposed along a
slope of about 18 percent and the distance is greater than about five feet away from the footing. A
discussion with Mr. David Kophmann from Yardscapes, who performed more extensive excavation for the
landscaping than could be visually observed, reported that the soil was a hard sandy clay, most probably a
sandy clay till.
A plan prepared by Chris Doehrmann Architect Inc. dated May 19,2000 shows the plan and elevations of
the proposed deck and 3-season porch. The deck and 3-season porch are proposed to use 6x6 timber posts
on 24-inch diameter concrete footings for a foundation. You mentioned that there have been no reported
incidents of instability on the bluff. Therefore, based upon the Yardscapes landscaping plan, the Chris
Doehrmann plan, discussion with Mr. David Kophmann, and visual observations of the property, the
proposed deck and 3-season porch will not impose loads or cause an adverse impact on the structural
stability of the slope.
The landscaping plan by Yardscapes shows proposed drainage contours that are essentially unchanged from
the existing drainage condition. The concrete areas shown on the plan by Chris Doehrmann Architect Inc.
are slightly larger than the existing condition but will not affect drainage more than the existing condition.
Therefore, the drainage from the site and adjacent properties is essential unchanged and will not impact the
quality of runoff, downstream properties, wetlands or bodies of water and will not result in erosion or
sedimentation any more than currently exists.
I trust this letter report is satisfactory and provides the necessary documentation for meeting the
irements of the Zoning Ordinance with regard to construction on the above referenced property.
EXHIBIT E ENG. LETTER
/) cO
tP
7f1
jV~
SENT BY: DNR METRO;
7-18- 0 1 :18PMj 6127727573 ;>
6124474245j
#1 j 1
EXHIBIT F DNR LETTER
Minn~sota Department of Natural Resources
Metro WIHcrs - 1200 W..trner Road, 51. Paul, MN 55106-6793
Telephon~: (651) 772-7910 ....ax: (651) 772-7977
July 18, 2000
Skve Horsman, ZOlling Administrator
City of Prior Lake
16200 Eagle Crl'.ek A venue SE
Prior Lake, Minnesnf.U 55372-1714
RE: Bluff Sethack Variant.:e Request, 6444 150lh Street, Prior Lake
Dear Mr. Horsman:
[ have reviewcU the m(lfcrials you sent relative to the request rUT a bluff setback variance for conslrudic}\)
of a porch, deck, <lnd patio addition at an ex isting residential stnJcture located at ti444 150110 Street, and
offer the following comments for consideration.
Il appears the exisLing home was constmctcd in lo the bluff itsdr, presumably prior lo bluff setback
regulations_ DN R is concerned about maintaining both the structural and visual integriry of bluffs. Past
bluff failure on Prior Lake only reiIlrun.:~s [hose concerns. The proposal rnr a de<.:k., patio, and porch does
not allcmpl to minimize encroachment in to the bluff setback.
The DNR does not support the proposed bluff setback variance as prcsented in the materials YOll
submiUed. If there is an existing deck on the structure, DNR would not oppose replacement on the
l:x.isl.ing footprinL. utilizing existing footings. This would eliminate additional impacts to the bluff' and
bluff irnpacl zone_
DNR COil tends it would be difficult to successfully argue hardship as detlned by Minnesota Statutes,
Chapter 462.
Th.mk you again for the opportunity to review and comment on the proposed v ari am: e.. If you have any
questions, please call me at ti51-772-7917.
\~ereIY,
\'~.r~~- ._-
Patrick J. Lynch~-
Area Hydrologist
DNR IllfllrlWllion: 651 29(1-6157 . 1-88lS-M\')-o:;\()7 . rl"'I":(151 2<J(,..i4X4. I-KO(J-hiJ-.Wll)
,\" L.lJ""r Opl',.rluIlIIY ElllpIIIY'"
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Pnl\l~d 1I11 Rl~l:YI~kll P:,llh:1 ( '1.IIIl~lIUlll~ ~\
MllllllHlrrl of I no/i. PII.'" ('lIl1~.IIII1L.1 '''':;t.,II:
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.'
AGENDA ITEM:
SUBJECT:
PRESENTER:
PUBLIC HEARING:
DATE:
INTRODUCTION:
PLANNING REPORT
5C
CONSIDER A REQUEST FOR APPROVAL OF AN
AMENDMENT TO THE WILDS PUD, A REZONING
FROM PUD TO R-1 AND FROM R-1 TO R-2, A
PLANNED UNIT DEVELOPMENT PRELIMINARY
PLAN AND A PRELIMINARY PLAT TO BE KNOWN
AS WENSMANN 1ST ADDITION
JANE KANSIER, PLANNING COORDINATOR
X YES NO-N/A
--
JULY 24, 2000
Wensmann Realty, Inc., has applied for approval of a development to be known as
Wensmann 1st Addition on the property located north of CSAH 82, approximately 1/4
mile west of CSAH 21 and east of Wilds Parkway. The application includes the
following requests:
. An amendment to The Wilds PUD Plan to relocate a park from the northeast comer of
the intersection of CSAH 82 and Wilds Parkway to the south side of Wilds Parkway,
west of the booster station;
. Rezone approximately 7 acres from The Wilds PUD to the R-l (Low Density
Residential) and R-2 (Low to Medium Density Residential) districts;
. Rezone approximately 28 acres from the R-l district to the R-2 district;
. Approve a Planned Unit Development Preliminary Plan;
. Approve a Preliminary Plat.
The proposal calls for a mixed use development consisting of a total of 178 dwelling
units on 52.43 net acres, for a total density of 3.4 units per acre. The proposed
development includes 56 single family dwellings, 116 dwelling units in 29 four-unit
buildings, and 6 dwelling units in 3 three-unit buildings. The development also includes
private open space.
Wensmann Realty, Inc. is the developer of this project. The application has also been
signed by the current property owners, including Martha Hoover, Thomas and Patricia
1:\OOfil~\OOspbdiv\pre.l1I~\wt;Qsman 1 \w~ns I RC,doc Pag.e I
16200 Eagle UeeK Ave. ::>.t.., !-'rior LaKe,lYlinnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
,l\N EQU,I\L OPPORTUNITY EMPLOYER
~
1'.
McLean, Shamrock Development, Michael and Sue Brattland, Thomas and Karen Hoff
and Timothy and Mary Bothof.
BACKGROUND:
Approximately 7 acres of the development site is currently included in The Wilds PUD
plan, and platted as Outlot C, The Wilds 4th Addition. The approved PUD plan shows
single family homes along Wilds Parkway and a 2.5 acre neighborhood park at the
intersection of Wilds Parkway and CSAH 82 on this site. While this site has been
graded, there has been no construction on the property. There is a development entry
sign located at the southwest comer of the site.
The remaining 54 acres of the proposed development site is unplatted, but has been
subdivided into seven large parcels. There are two single family homes located on two of
these parcels. These homes are accessed via Foxtail Trail, a private street off of CSAH
82.
When the City adopted the 2010 Comprehensive Plan in June, 1996, this site was
included in the Metropolitan Urban Service Area (MUSA) and designated for Low to
Medium Residential uses on the Land Use Plan map. In November, 1996, the City
Council approved the rezoning of approximately 27 acres of the site from the C-l
(Conservation) and A-I (Agricultural) districts to the R-l district. In 1999, when the City
adopted the current Zoning Ordinance and Zoning Map, the C-l district was eliminated.
The remainder of the site was zoned R-l, consistent with the Comprehensive Plan
designation. The 2020 Comprehensive Plan, approved in November, 1999, retained the
Low to Medium Density Residential designation.
PHYSICAL SITE CHARACTERISTICS:
Total Site Area: The total site consists of 60.93 acres. The net area of this site, less
County road right-of-way and wetlands, is 52.43 acres.
Topography: This site has a varied topography, with elevations ranging from 980' MSL
at its highest point to 916' MSL at the lowest point. The higher points of the site are
located in the northeast and southwest comers of the site. The site generally drains
towards the 6 acre wetland located in the center of the site. The area north of Foxtail
Trail generally drains to the north. The property also contains areas with -slopes
exceeding 20 percent, primarily surrounding the wetland.
Vegetation: This site is a combination of woodland and pastureland. There are several
stands of significant trees, especially around the wetland and in the northeast portion of
the site. The project is subject to the Tree Preservation requirements of the Zoning
Ordinance. The applicant has submitted an inventory of the significant trees on the site,
which identifies more than 11,000 caliper inches of significant trees. The Tree
Preservation Ordinance allows removal of 25% of the total caliper inches for grading and
utilities, and removal of an additional 25% of the total caliper inches for building pads
1:\OOfiles\OOsubdiv\preplat\wensman 1 \wens 1 pc.doc
Page 2
without tree replacement. Removal of additional caliper inches requires replacement at a
rate of 1/2 caliper inch for each caliper inch removed. Initial calculations indicate tree
replacement is required.
Wetlands: There are two wetlands located within this site, with a total area of 6.21
acres. The plans indicate 18,820 square feet of wetland will be filled to allow the
construction of 2 building pads and a stormwater detention pond. This area will be
mitigated on site in accordance with the Wetland Conservation Act.
Access: Access to the site is from CSAH 82 on the south side of the site and Wilds
Parkway on the west side of the property.
2020 Comprehensive Plan Designation: This property is designated for Urban Low to
Medium Density Residential uses on the 2020 Comprehensive Plan Land Use Map. The
entire site is located within the current MUSA boundary.
Zoning: Approximately 7 acres of the site is zoned PUD, and 54 acres is located within
the R-l district. The applicant is requesting approximately 24 acres of the site be zoned
R-l, and approximately 34 acres of the site be zoned R-2. The R-l district permits a
maximum density of 3.6 units per acre, while the R-2 district permits a density of 7.2
units per acre.
Shoreland District: The southeast comer of this property is also located within the
Shoreland District for Prior Lake, which is classified as a General Development lake.
The proposed lots within the Shoreland District are townhouse lots. The allowable
number of units in this case is based on a tier system, with the number of units increasing
as the distance from the lake increases. The maximum number of units on the portion of
the site within the Shoreland District is 54 units. This proposal includes 43 units within
this area. The impervious surface of the site located within the Shore land District may
not exceed 30 percent.
PROPOSED PLAN
Density: The plan proposes 178 units on a total of 60.93 acres. Density is based on the
buildable acres of the site, or in this case on 52.43 net acres. The overall density
proposed in this plan is 3.4 units per acre. The proposed density in the R-l district is 2.29
units per acre, and the proposed density in the R-2 district is 4.4 units per acre.
Lots: The preliminary plat consists of 56 single family lots and 122 lots for the
townhouse units. There is also one lot for the common open space. The proposal also
includes three outlots. Outlot A is located in the northwest comer of this site, and is
intended as an access to the property to the north. Outlot B is a remnant parcel located in
the northeast comer of the site. Outlot C is located in the southwest comer of the site and
is the location of the entry monument for The Wilds development.
l:\OOfiles\OOsubdiv\preplat\wensman 1 \wens I pc.doc
Page 3
The minimum lot area and frontage requirements for a single family lot in the R-l district
are 12,000 square feet and 86 feet at the front building line. Comer lots require 14,400
square feet and 103 feet of width at the front building line. While the average single
family lot size is around 20,000 square feet, there are several lots which do not meet the
minimum lot width. These are Lots 4,5,6, 15, 16, and 17, Block 2, and Lots 5, 6 and 7,
Block 4. There are also a number of comer lots that do not meet the minimum lot area
and/or frontage requirements. These are Lots 1,9 and 12, Block 2, and Lot 11, Block 5.
The existing homes on this site are located on Lot 3, Block 2 and on Lot 1, Block 4.
These lots are 40,970 square feet and 35,335 square feet in area.
Building Styles: The proposed plan calls for a townhouse style development consisting
of 3- and 4-unit buildings. Sample floor plans of these buildings are attached to this
report. The plan includes 2 three-unit buildings and 29 four-unit buildings. The
townhouses are split entry or two-story walkouts with attached double garages and decks.
The exterior materials are vinyl siding with a brick face.
The developer has also provided a variety of styles of single family homes similar in
design and size to other single family homes in Prior Lake.
Setbacks: The plan proposes a 25' setback from the front property line, a minimum 25'
rear yard setback, and a minimum 20' building separation (foundation to foundation)
between the townhouses. The plan proposes the conventional R-l setbacks for the single
family dwellings with the exception of a 30' front yard setback from Wilds Parkway.
The plan also notes a 30' setback from any wetland.
The proposed setbacks are generally consistent with the Zoning Ordinance requirements.
The PUD provisions requires the minimum setback between buildings be at least 1/2 the
sum of the building heights. The developer must verify whether or not the proposed 20'
separation meets this requirement. The Subdivision Ordinance also requires that all
building pads be located at least 30' from the 100 year flood elevation of any wetland or
NURP pond. This must also be verified on the plans.
Lot Coverage: Both the R-l and the R-2 district allow a maximum ground floor area of
0.30. The ground floor area proposed in this plan is 0.19 for the R-l district and 0.12 for
the R-2 district.
Useable Open Space: The R-l and R-2 districts also require 600 square feet of use able
open space per unit for cluster developments. Although this proposal is a PUD, it must
also comply with that requirement. The proposed common area provides open space for
this development; however, there are no calculations to indicate the proposal meets the
minimum requirements. Useable open space is defined as "a required ground area or
terrace on a lot which is graded, developed, landscaped and equipped and intended and
maintained for either active or passive recreation or both, available and accessible to and
usable by all person occupying a dwelling unit or a rooming unit on the lot and their
1:\OOfiles\OOsubdiv\preplal\wensman 1 \wens 1 pc.doc
Page 4
guests. Usable open space has a minimum dimension of 30 feet. Roofs, driveways and
parking areas do not constitute usable open space. "
Parking: The proposal provides at least 2 spaces per dwelling unit, which is consistent
with the minimum Zoning Ordinance requirements. Each the units have two car garages,
which provides the minimum parking requirement. The plan also provides 51 off-street
parking spaces in the townhouse area for guest parking. The proposed private streets will
not provide anyon-street parking.
Landscaping: Section 11 07.1900 lists the landscaping requirements for this
development. There are two different types of landscaping required for this development.
First of all, perimeter landscaping is required for the townhouse portion of the
development with buildings consisting of 3 or more units at a rate of 1 tree per unit or 1
tree per 40' feet of perimeter, whichever is greater. In addition, 2 front yard trees are
required for each single family lot. Out calculations indicate a total of 265 trees are
required for this site.
The developer has submitted a landscaping plan that identifies landscaping for both the
single family and the townhouse portion of the development. The landscaping plan does
not provide the proper number of trees for the development. Furthermore, the plan is not
consistent with ordinance requirements for size and species of the plantings. The
ordinance requires at least 25% of the trees must be deciduous and 25% coniferous to
maintain a mix of plant types. The ordinance also requires at least 20% of the plants
must exceed the minimum sizes of 2 1/2 caliper inches for deciduous and 6' for
coniferous. This requires deciduous trees be at least 3 1/2 caliper inches and coniferous
trees be at least 8' high. The plan also does not indicate whether an irrigation system will
be provided.
Tree Replacement: As noted above, the applicant has submitted an inventory
identifying 9,399 caliper inches of significant trees on the site. Based on the developer's
calculations, the proposal removes 8.4% for road and utility purposes and 56.1 % for
building pads and driveways. The plan, however, did not include several of the
significant trees in the caliper inches. Staff calculations indicate a total of 11,049 caliper
inches of significant trees. The plan does not indicate whether these additional trees will
be saved or removed.
In any case, it appears some tree replacement will be required. Since replacement is
required at a rate of 1/2 caliper inch to 1 caliper inch removed, at least 500 trees at 2 1/2
caliper inches per tree will be required for replacement.
The landscaping plan identifies 316 trees for the required tree replacement. It does not
indicate how the remaining requirement will be satisfied.
Signs: This site plan identifies 3 project monument signs located at the main entrances to
the development. The Zoning Ordinance allows a maximum of two signs, not larger than
1 :\OOfiles\OOsubdiv\preplat\wensman 1 \wens 1 pc.doc
Page 5
50 square feet, at each of the major entries to the development. No sign detail has been
provided to determine the size and locations of the proposed signs.
Lighting: Street lights will be provided on the public streets. The developer also plans
to provide street lights on the private streets.
Streets: This plan proposes a combination of public and private streets. The public
streets are identified on the plans as Street "A", Street "C", Street "D", Street "F" and
Street "G". These streets primarily serve the single family portion of the development.
The private streets serve the townhomes, and will be maintained by a homeowner's
association. These streets are described below.
Public Streets: There are five new public streets proposed in this development. The
major street is shown as Street "A" which extends 2,400' from CSAH 82 to Wilds
Parkway, along the general alignment of Foxtail Trail. This street is designed with aSS'
wide right-of-way, a 32' wide surface and sidewalk along the northeast side of the street.
The second street is Street "C", which is located on the north side of Street "A" and
extends 975' to its intersection with Street "G". This street is designed as a local
residential street with a 50' wide right-of-way and a 32' wide surface. Street "C"
provides access to approximately 12 single family lots.
Street "G" is a 330' long north/south street located on the east side of the plat. It provides
access to six of the single family lots and, more importantly, to the adjacent properties.
This street is also designed with a 50' wide right-of-way and a 32' wide surface.
Street "D" is a 300' long cul-de-sac located on the north side of Street "A", providing
access to 8 single family lots. Street "F" is a 200' long cul-de-sac located on the south
side of Street "C" and providing access to 7 single family lots. Both cul-de-sacs have a
50' wide right-of-way and a 32' wide surface.
Private Streets: The eight private streets are designed to serve the townhouse portion of
the development. Street "B" is the longest of these streets, and connects Street "A and
Wilds Parkway. This street is 1,150' long and provides access to 14 of the townhouse
buildings. It is designed with a 32' wide surface.
The remaining private streets function more as driveways providing access to 2, 3 and 4
buildings. These are also designed with a 32' wide surface.
Section 1006.206 lists the design criteria for private streets as follows:
Private streets shall not be approved, except that private streets may be permitted in
planned unit developments that have homeowner associations approved by the City.
Those private streets shall be platted as outlots, and shall be designed and constructed in
accordance with this Section; provided, the street pavement may be contained within the
outlot and the balance of the street right-oi-way may be contained within adjacent
l:\OOfiles\OOsubdiv\preplat\wensman 1 \wens 1 pc.doc
Page 6
easements, provided that the combined width of outlots and easements shall not be less
than the right-ol-way, pavement width and easement requirements for public streets.
This requirement may be modified as part of the approval of a planned unit development
if, in the sole opinion of the City, such modifications preserve the intent of the ordinance.
The preliminary plat does not identify easements, so we cannot determine whether the
private streets meet this requirement.
Sidewalks/Trails: The plan proposes a sidewalk on the north side of Street "A". To
provide additional trail connections, sidewalk should also be provided on Street "C" and
on Street "G".
Parks: This plan does not include any parkland dedication. The staff, however, believes
there should be some parkland within this development. The staff suggests Lots 70-73,
Block 5, along with most of Lot 12, Block 5, be dedicated as park. This would provide
some upland, as well as preserve the trees and slopes along the north side of the wetland.
This land provides an opportunity to create a trail system around the pond, and the
beginning of a trail corridor from Prior Lake, through the Jeffers property and north along
the creek, eventually connecting with the Minnesota River. The parkland dedication
requirements of the Subdivision Ordinance require a land dedication, cash in lieu of land,
or some combination. In this case, land dedication requirement is 6.09 acres. Since the
area suggested by staff consists of pond and wetlands, only a portion of this land will
qualify for parkland dedication. If that area is less than the required 6.09 acres, the City
will accept a combination of cash and land dedication for this development.
Sanitary Sewer and Water Main: Sanitary sewer and water main will be extended
from the existing utilities located in CSAH 82 and Wilds Parkway. There is also a
sanitary sewer line running through this property. The extension of these lines is
primarily within the proposed street right-of-ways. The developer has also extended to
the services to the property located on the east. The sewer and water lines must also be
extended to serve the property on the north side of this site.
Storm Sewer: The plan proposes a series of NURP ponds and storm sewers to handle
the storm water runoff on this site. The City Engineering staff is reviewing the
stormwater calculations to ensure the ponds are adequately sized to manage the runoff.
Traffic Impact Report: The developer has submitted an elementary traffic study for this
development. This study indicates the proposed development will add a total of 1,157
daily trips to the adjacent streets. The study does not indicate the disbursement of these
trips. A copy of the TIR is attached to this report.
Phasing: This project is proposed to be completed in two phases beginning in 2000.
The first phase consists of all of the single family homes and 56 of the townhouse units.
The second phase includes 66 townhouse units.
1:\OOfiles\OOsubdiv\preplat\wensman 1 \wens 1 pc.doc
Page 7
ANALYSIS:
Amendment to The Wilds pun Plan: The proposed amendment to The Wilds PUD Plan
involves the relocation of a neighborhood park from the northeast comer of CSAH 82 and
Wilds Parkway to a site on the south side of Wilds Parkway, just west of the booster
station. This amendment trades a 2.5 acre park site for a 4.5 acre park site. The proposed
site is more centrally located in The Wilds development, and a better location in terms of
traffic and aesthetics. The new location will also fit well with the development of the
property to the south of The Wilds.
Rezoning from The Wilds pun to R-l and R-2: Outlot C, The Wilds 4th Addition, is
approximately 7 acres in area and is currently zoned PUD. If the above amendment to the
PUD is approved, the developer is requesting this area be zoned R-l and R-2.
Section 1108.600 of the Zoning Ordinance identifies the following policies for
amendments to the Official Zoning Map:
. The area, as presently zoned, is inconsistent with the policies and goals of the
Comprehensive Plan, or the land was originally zoned erroneously due to a technical
or administrative error, or
. The area for which rezoning is requested has changed or is changing to such a
degree that it is in the public interest to rezone so as to encourage redevelopment of
the area, or
. The permitted uses allowed within the proposed Use District will be appropriate on
the subject property and compatible with adjacent properties and the neighborhood.
The property is designated as R-L/MD (Low to Medium Density Residential) on the 2020
Comprehensive Plan Land Use Map. Both the R-l and R-2 districts are consistent with
this designation. The PUD plan identified this site as single family lots. This proposal
also includes single family lots, as well as townhouses. The overall density is consistent
with the original PUD plan, and with the Comprehensive Plan.
Rezoning from R-l to R-2: Approximately 54 acres of the total 60.93 acre site is
currently zoned R-l. The developer is requesting a portion of this site also be zoned R-2.
The total R-2 area is proposed at 34.22 acres. The criteria for a rezoning are cited in the
above paragraph. This property is also designated as R-L/MD on the 2020
Comprehensive Plan Land Use Map. The proposed R-2 district is consistent with this
designation.
In both rezoning requests, the applicant must supply a specific legal description
identifying the area to be rezoned to the R-2 district.
pun Preliminary Plan: The PUD must be reviewed based on the criteria found in
Section 1106.100 and 1106.300 of the Zoning Ordinance. Section 1106.100 discusses the
purpose of a PUD. These criteria are discussed below.
I: \OOfiles \005 u bd i v\prep Iat\ wensman I \ wens I pc. doc
Page 8
(1) Greater utilization of new technologies in building design, materials, construction
and land development.
The developer has attempted to design the buildings so they fit the land, rather than
force the land to fit the building design. The developer is also requesting approval to
custom grade the more difficult single family lots in order to save more trees and
preserve more slopes.
(2) Higher standards of site and building design.
The density of this site is clustered around the wetland, and is located closer to the
major roads adjacent to the site. The utilization of private streets in the townhouse
portion of the development allows the preservation of the wetlands and some of the
slopes and trees on this site.
(3) More efficient and effective use of streets, utilities, and public facilities to support
high quality land use development at a lesser cost.
Maintenance of private streets, including plowing and future repairs, is done by the
homeowners association. This reduces City costs in providing services to these
homes.
(4) Enhanced incorporation of recreational, public and open space components in the
development which may be made more useable and be more suitably located than
would otherwise be provided under conventional development procedures.
As proposed, the developer provides a trail connection along the public street. With
the park dedication and trail connections suggested by the staff, the creation of the
public trail system around the pond provides an amenity which can be utilized by
both the future and the existing neighborhood.
(5) Provides a flexible approach to development which allows modifications to the strict
application of regulations within the various Use Districts that are in harmony with
the purpose and intent of the City's Comprehensive Plan and Zoning Ordinance.
The use of the PUD allows the higher density to be clustered around the pond and
adjacent to the major roads. The density and variety of housing units is consistent
with the Comprehensive Plan goals to provide a variety of housing styles.
(6) Encourages a more creative and efficient use of land.
The PUD allows the higher density areas to be clustered, and preserves open space.
(7) Preserves and enhances desirable site characteristics including flora and fauna,
scenic views, screening and buffering, and access.
1:\OOfiles\OOsubdiv\preplat\wensman 1 \wens 1 pc.doc
Page 9
The townhouse units are sited to take advantage of the natural views of the wetlands.
(8) Allows the development to operate in concert with a Redevelopment Plan in certain
areas of the City and' to insure the redevelopment goals and objectives within the
Redevelopment District will be achieved.
This criteria is not applicable.
(9) Provides for flexibility in design and construction of the development in cases where
large tracts of land are under single ownership or control and where the users) has
the potential to significantly affect adjacent or nearby properties.
The use of the PUD allows the clustering of the homes and the use of private streets.
(10)Encourages the developer to convey property to the public, over and above required
dedications, by allowing a portion of the density to be transferred to other parts of
the site.
The park and trail dedication suggested by staff will help facilitate the creation of a
trail corridor along the natural areas on this site and on adjacent sites.
Section 1106.300 states the quality of building and site design proposed by the PUD will
enhance the aesthetics of the site and implement relevant goals and policies of the
Comprehensive Plan. In addition, the following criteria shall be satisfied:
(1) The design shall consider the whole of the project and shall create a unified
environment within the boundaries of the project by insuring architectural
compatibility of all structures, efficient vehicular and pedestrian circulation,
aesthetically pleasing landscape and site features, and efficient use and design of
utilities.
The design creates a unified environment. The extension of the existing streets and
provision of trails and sidewalks allows for efficient movement of traffic. Revision of
the landscaping plan to meet the requirements of the Zoning Ordinance will also
enhance this area.
(2) The design of a PUD shall optimize compatibility between the project and
surrounding land uses, both existing and proposed and shall minimize the potential
adverse impacts of the PUD on surrounding land uses and the potential adverse
effects of the surrounding land uses on the PUD.
The use of the PUD will allow the extension of the single family homes adjacent to
the existing residences, and the clustering of the townhouse units.
I:\OOfiles\OOsubdiv\preplat\wensman I \wens I pc.doc
Page 10
(3) If a project for which PUD treatment has been requested involves construction over a
period of time in two or more phases, the applicant shall demonstrate that each phase
is capable of addressing and meeting each of the criteria independent of the other
phases.
Each 0 the individual phases includes landscaping and road extensions.
(4) Approval of a PUD may permit the placement of more than one building on a lot.
This is not applicable.
(5) A PUD in a Residential Use District shall conform to the requirements of that Use
District unless modified by the following or other provisions of this Ordinance.
a. The tract of land for which a project is proposed shall have not less than 200 feet
offrontage on a public right-of-way.
b. No building shall be nearer than its building height to any property line when the
property abutting the subject property is in an "R-l" or "R-2" Use District.
c. No building within the project shall be nearer to another building than YJ the sum
of the building heights of the two buildings, except for parking ramps which may
be directly connected to another building.
d. Private roadways within the project site may not be used in calculating required
off-street parking spaces.
The modification requested by the developer include the following:
· The use of private streets
This modification is permitted under the PUD provisions at the discretion of the Council.
Several of the single family lots do not meet the minimum lot area and width
requirements. These lots must be modified.
Preliminary Plat: The primary issue relating the preliminary plat is the dedication of
parkland. The staff has suggested 4 single family lots and the common area which
includes the wetland be dedicated for park purposes. This parkland, along with sidewalks
on several of the streets, will provide a park and trail system consistent with the goals of
the Comprehensive Plan.
A second issue is the extension of streets and utilities to serve the adjacent property. The
developer has extended services and streets to the property to the east. However, Outlot
A should be dedicated as a public street, and sewer and water services should be extended
in this right-of-way to serve the property to the north.
Staff Recommendation: There are several outstanding issues which must be addressed.
The staff has discussed these issues with the developer, and the developer is preparing
plans which address the major items. None of the issues are so major that the project
1:\OOfiles\OOsubdiv\preplat\wensman I \wens I pc.doc
Page II
cannot go forward. The staff therefore recommends approval, subject to the following
conditions:
1. The developer must provide specific legal descriptions for the areas to be rezoned
from PUD to R-l, from PUD to R-2 and from R-l to R-2.
2. Dedicate Outlot A as right-of-way and extend sewer and water service to the north
property boundary in this right-of-way. Profile sheets for the street and utilities must
be provided.
3. Dedicate Lots 12, 70, 71, 72 and 73, Block 5, as parkland. Provide a calculation to
determine the acreage of this area that qualifies for parkland dedication.
4. Revise the lots to meet minimum lot area and width requirements. In addition, net lot
area for those lots with wetlands and NURP ponds must be provided. Net lot area
must meet minimum area requirements.
5. The tree inventory and preservation plan must be revised to include the significant
trees that were not included in the original inventory. It must be revised to identify
the caliper inches to be removed, and the tree replacement required.
6. Revise the landscaping plan to meet the requirements of Section 1107.1900. The
landscaping plan must also identify the necessary replacement trees.
7. Provide an irrigation plan.
8. Provide sidewalk on one side of Street "C" and Street "G".
9. Provide street names for both the public and private streets.
10. Update the Traffic Impact Report to include all of the proposed units.
11. Provide sign elevations and greater detail on the location of the proposed monument
sIgns.
12. Identify the private streets as outlots on the preliminary and final plat.
13. Provide calculations about the useable open space for the townhouse development.
14. Verify the 100 year flood elevations for the wetlands and NURP ponds and provide a
30' setback from this elevation for all structures.
PLANNING COMMISSION RECOMMENDATION:
At this time, the Planning Commission should make a recommendation on the proposed
PUD Amendment, Rezoning, PUD Preliminary Plan and Preliminary Plat.
ALTERNATIVES:
1. Recommend approval of the Amendment to The Wilds PUD Plan, the Rezoning from
PUD and R-l to R-2, the PUD Preliminary Plan and the Preliminary Plat subject to
the above conditions.
1:\OOfiles\OOsubdiv\prep1at\wensman 1 \wens 1 pc.doc
Page 12
2. Table this item to a date specific, and provide the developer with direction on the
issues which have been discussed.
3. Recommend denial of the request.
4. Other specific action as directed by the Planning Commission
RECOMMENDATION:
The Planning staff recommends Alternative #1.
ACTION REQUIRED:
A motion and second recommending approval of the following requests:
· An amendment to The Wilds PUD Plan to relocate a park from the northeast comer of
the intersection of CSAH 82 and Wilds Parkway to the south side of Wilds Parkway,
west of the booster station;
· Rezoning approximately 7 acres from The Wilds PUD to the R-l (Low Density
Residential) and R-2 (Low to Medium Density Residential) districts;
· Rezoning approximately 28 acres from the R-l district to the R-2 district;
· Approval of a Planned Unit Development Preliminary Plan to be known as
Wensmann 1st Addition subject to the above conditions;
· Approval of a Preliminary Plat to be known as Wensmann's 1st Addition, subject to
the above conditions.
EXHIBITS:
1. Reduced Copy ofPUD and Preliminary Plat Plans
2. Developer's Narrative
3. Engineering Comments
4. Finance Director Comments
5. TIR
1 :\OOfiles\OOsubdiv\preplat\wensman 1 \wens 1 pc.doc
Page 13
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Wensmann 1 st Addition
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Preliminary Plat/ PUD
Wensmann 1st Addition
Prior Lake, Minnesota
May 19, 2000
Revised July 6, 2000
APPLICANT:
Wensmann Realty, Inc
1895 Plaza Drive
Eagan, MN 55122
651-406-4400
651-406-4400 (fax)
Contact:
Kelly Murray
Terry Wensmann
1. Proposed Subdivision
The proposed subdivision, located north of Scott County Road 82 and east of Wilds Parkway consists
of approximately 61 acres currently owned by six different property owners.
2. History
Approximately 7 acres of the proposed plat have been platted as Outlot C, of the Wilds 4th Addition
PUD. Part of this proposal is to amend the Wilds PUD to move the location of the park further to the
west. The balance of the 54 acres are acreage parcels with meets and bounds descriptions. They are
also known as parcels A, B, c, D, E, F, G, and H of Alvem Acres. The current Declaration of Alvem
Acres will be dissolved prior to the filing of a final plat. Two residences are existing' on the
development. One residence is located on parcel D and the other parcel is located on parcel C. Both
homesiteswill remain upon final platting.
3. Development Design
The subdivision is a mixture oflow-medium density townhomes, and single family homes. Following
the previous PUD agreement for the Wilds, single family homes line Wilds Parkway as it flows north.
Single family homes also line Foxtail Trail through the existing neighborhood, then transitions to Low-
Medium Density townhomes. An interior private street for the townhomes is proposed. By using a
private street design, we are able to create off-street parking stalls for guest parking because it will be
maintained by a private contractor, not by public works. Funds to maintain the public street are
included in the association dues. Breakdown of these reserve and operating funds are included in this
package. Community monuments and private street signage will assist in deterring public traffic flow
through the townhome community. They will be located on the common area lots of the association.
On the east side of the property, private drives that service more than one building were created to
keep individual drives off the public street where possible. Buildings are oriented to maximize views
for all.
4. Architectural Design
Townhomes within the development will consist of split-entry and two-story designs. Where grade
dictates, two-story walk-out basements will be used to minimize impact to slopes. This design allows
the building to be constructed with the existing slope of the land, rather than cutting and filling to
create a flat pad. Extended foundations and 9' basements can be utilized to blend with the natural
slope. Proposed townhomes will be marketing in the range of $150,000 - 190,000. Creating a sense
of community is essential to our marketing. Use of similar materials and colors within the two
townhome areas will distinguish each area, even if the plans are the same. Natural boulders in the area
will be used for monuments, berming and landscaping. Cedar framed, rural mailboxes will be
clustered in groups of four or eight, with newspaper boxes below to keep a uniformed street
appearance.
Single family homes in the development will be in the $325,000 - $425,000 which is consistent with
the current Wilds development. Standard plans are included as part of this package. Two-story plans
have an average square footage of 2772 on the two main floors, and rambler plans have an average of
square feet of 1750 on the main floor.
5. Parks and Trails
Based upon discussions we have had with the Park and Rec department, a regional trail is along
County Road 82 that connects Wilds Parkway. Land dedication for a neighborhood park is not being
requested due to the close proximity of the park that is being re-Iocated within the Wilds PUD.
Sidewalk along the North-East side of Fox Tail Trail will serve to connect with the existing trail
system. Passive recreation areas in the center of the development surrounding the wetlands will serve
the townhome community.
6. Site Amenities
The site has a significant portion covered with mature tree growth. We are requesting to custom grade
each 10tIoc~ted within the mature growth area to preserve as many trees as possible. Based on the tree
preservation ordinance, we will be required to replace approximately. The site also has three
significant wetlands that serve as focal points for the homes that are oriented around them. By using
private streets on the west side of the development, we were able to increase the distance from the
slopes and wetlands an additional 18' minimizing the impact to the natural features. The proposed
development also accommodates the existing single-family homes. Both existing homes will have at
least 35,000 sq. ft lots when subdivided, and the newly created single-family lots are generously sized.
They average 22,242 sq ft. The townhomes are consistent with 2,830 sq ft each, not including
common areas.
7. Street Lighting
The development will follow the normal spacing guidelines required by the City of Prior Lake along
the public street, with additional lights at intersections. Within the private drives and private streets,
lighting will also be installed using the city guidelines. However, the homeowner association is
responsible for the street light costs. (refer to proposed budget) Plans will be provided by Minnesota
Valley Electric for approval by city staff.
8. Re-Zoning
Approximately 7 acres are currently zoned PUD from the Wild PUD. We are requesting re-zoning
from PUD to R-l (single Family areas) and R-2 (townhome areas). Parcel "D" and Parcel "E" are
currently zoned R-l which is consistent with our proposed plat. Parcel's "A", "B", "H", "G" and "F"
are currently zoned R-I, with a request to change to R-2.
-'
Wensmann 1 st Addition
Preliminary Plat PUD Request
June 9, 2000
Revised July 6, 2000
Purpose of PUD Request
During the planning phase we detennined early on that aspects of this proposed development could not be
achieved with straight ordinance submission/CUP. We feel that by utilizing the PUD process, developer
requirements and project enhancements, and public benefits could be achieved.
I. Land Development.
Our first area of concern during the planning process was the impact on steep slopes and wetlands. By
utilizing private streets Idrives in the townhome areas located both sides of the development, we were
able to reduce the impact on the slopes by as much as 18'. In addition the setback from the wetlands to
the proposed building pads has also been increased by 18'. Streets will be constructed and designed
using the same standards public streets require.
2. Building Design.
As a developerlbuilder with a staff architect, we are able to design buildings that "fit" the land, rather
than force the land to the building design. In areas where building pads are located on slopes of 20%
or more, we will be utilizing extended foundations and walkout designs to better match the slope of the
land. In some cases, the walkout levels would be to decks rather than yards. This technique has been
used in our Glynwater Development located just south of this property. We are also requesting as part
of this PUD process to custom grade each single family lot in order to preserve as many trees as
possible. By treating each lot individually, we will be able to remove only the trees needed to
accommodate the structure, not oversizing to accommodate average home plans.
3. Efficient Street Use.
Without compromising design standards, private streets will be owned and maintained by a
homeowners association. Not only will the street department not be required to plow these areas,
public works will not be responsible for repairs either. The current budget set for the association will
have a minimum reserve fund of $552.00 per unit deposited in a replacement reserve fund per year.
With 122 homes, this is $67,344 per year set aside for future townhome and street repairs. In
addition, on the east side of the development, by using private streets we are able to keep many of the
driveways off the public street and cluster access points as much as possible. We are also able to
create "bump out" guest parking stalls for off-street parking that will be plowed and maintained by the
association. These parking areas that are a nightmare for public works are an added benefit under this
PUD request.
4. Recreational Aspects.
Sidewalk connections to trails along 82 and Wilds Parkway will facilitate pedestrian uses. The large
common area in the center of the development shall be utilized by all members of the association for
their enjoyment. By increasing the building setbacks using private streets we have allowed more
room for residents to walk around the natural wetland. Homes have been positioned to take advantage
of the natural views and amenities. Transitioning wi!h townhomes from Co Rd 82 to the single family
homes to the north is also consistent with what has been developed in our Glynwater Development
directly across Co Rd 82.
5. Land Use
The site has challenging features. Wetlands, and slopes take up a large portion of the open areas.
However, the flatter grades are significantly tree covered. We have clustered the housing as much as
possible, using minimum setbacks to place as many homes as possible in the areas not affected by
slopes, wetlands and trees. Our plan shows a mutually beneficial partnership with the existing
property owners. We have designed the development to maintain their current homesites, enabling
them to stay, yet facilitating development both north and east through the road designs.
6. Project Phasing.
The proposed preliminary plat will be constructed in two phases. Phase I will include approximately
the entire west Y2 of the property, with Phase 2 the east half. During this phasing, the existing gravel
road will be maintained to preserve access to the east side. This will keep the traffic flowing to Wilds
Parkway until a permanent access to Co Rd 82 at Foxtail Trail can be constructed. Approximately Y2
of the housing is also split between Phase I and 2. We are intending to final plat the entire
development as one plat, just phasing the utility and street construction.
7. Modification of District Regulations.
Weare requesting the use of private rather than public streets as part of this application. They are
located only in the townhome areas. We are not aware of any other design features that would require
a modification at this time.
In closing, we feel that the benefits achieved using the PUD process are proven and request approval.
Wensmann Realty, Inc.
Kelly Murray
.' . ~ . .-.---..--
Revised 7-7-00
Preliminary
Engineering Project Summary
for
Wensmann 1st Addition
.
ill
Prior Lake
I. Description of Project
The site is approximately 64 acres located north of Scott County Road 82 east of Wilds
Parkway and west of FoxTail Trail, in the City of Prior Lake. The subject site is in the SW
1/4 of the NW 1/4 and the SE 1/4 of the NE 1/4 of Section 34, Township 115, Range 22,
Scott County, Minnesota. The proposed project will include the grading, utility and street
construction for 58 single family homes and 122 townhomes.
II. Project Manager
The project manager and project engineer shall be responsible for various aspects of the
construction and are as follows:
Proiect Manager
Terry Wensmann
Wensmann Homes
1895 Plaza Drive
Eagan, MN 5122
651-406-4400
Proiect Engineer
Nicholas Polta
Pioneer Engineering
2422 Enterprise Drive
Mendota Heights. Mn 55124
651-681-1914
ill. Existing Site Conditions
The site is hilly and sporadically wooded with dense areas of maples, basswoods and
evergreens. The site had previously been a series of 6 large lots ranging in size from 6-12
acres and approximately 8 acres of undeveloped land within the Wilds PUD. One of the large
lots has a homestead that will be incorporated into the development.
The site drains to a large wetland in the center of the development draining ultimately to Prior
Lake, and to the north offsite to Jeffers Pond
The surrounding land uses are residential to the south, west and east. The north of the site is
undeveloped.
IV. Soils and Slopes
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DATE:
TO:
June 21, 2000
FROM:
Jane Kansier, Planning Coordinator
Sue McDermott, Assistant City Engineer r
Wensmann First Addition (Project #40-00)
RE:
The Engineering Department has reviewed the preliminary plat submittal for the subject
project and have the following comments:
Plat
1. In accordance with the City's subdivision ordinance 6-6-2 (K): "Roadways and street
intersections shall have right-of-way radii of not less than twenty-five feet (25')."
Plans
1. Include an overall utility plan.
2. Show water and sewer services on the plans.
3. Add gate valves at the intersection of Street A north of Street D and Street A east of
Street D.
4. Add a hydrant on Street E between lots 16 and 17.
5. Move the median on Street E out of the Wilds Parkway right of way.
6. Put all of Street A on one sheet.
7. Sheet 9, Street A: Show existing sanitary sewer in profile.
8. Show stationing in the profile view (typical all sheets).
9. Show direction of pipe inverts in profile.
10. Eliminate the sanitary pipe between MH 13 and MH 35.
11. The double catchbasins on street A and street C should be separated.
12. Show NWL, HWL of wetlands on all applicable sheets.
13. FES-ll should outlet at the NWL of 911.
14. Add a note to tie last 3 joints at all FES's.
-...
15. Move the pipe between CBMH-132 and CB-135 under the pavement.
16. All manholes shall be numbered and stationed in both plan and profile.
17. Eliminate the storm sewer pipe between CBMH-121 and CBMH-120 and add a pipe
between CBMH-129 to flow to an additional structure in the storm sewer running
along the north side of Street B.
18. Show street and storm profiles on one sheet.
19. Address drainage at the dead end of Street B.
20. Temporary cul-de-sacs will have to be installed on all dead end streets.
21. Sheet 21: Show the intersection of Drake Street on the south side of Co. Rd. 82.
22. Existing manholes that are in proposed areas to be graded will have to be adjusted.
Show this on the plans.
23. Add silt fence on the north side of Street A between approx. Station 4+50 and 9+00.
24. Units 13 through 20 of Block 5 do not meet the 30" setback from the HWL.
25. Wetland delineation needs to be done on property to the southeast.
26. Hydrologic calculations also need to be done on the basin southeast of the Wensmann
site. As this is a landlocked basin, store 2-100 year storms back-to-back.
27. Pond 4 cannot be graded as shown with 3: 1 slopes on the north and west sides. top
should be at the 920.0 contour around the pond.
28. An easement will be needed for pipe outlet from Pond 4 from the adjacent property
owner.
29. CBMH 115 and 116 need to be placed at the street low point.
30. Access needs to be provided to all ponds.
31. There needs to be a more well-defined swale north units 8-5, north of street D.
32. The mitigation area in the larger wetland was installed under a Corps of Engineers
permit for wetland enhancement and can't be used for mitigation credit.
33. Show emergency overflows on the grading plan.
g:\projects\2000\40wens\review I.doc
2
SCOTT COUNTY
PUBLIC WORKS DIVISION
HIGHWAY DEPARTMENT
600 COUNTRY TRAIL EAST
JORDAN, MN 55352-9339
(952) 496-8346
BRADLEY J. LARSON
PUBLIC WORKS DIRECTOR!
COUNTY HIGHWAY ENGINEER
Fax: (952) 496-8365
June 14,2000
Jane Kansier
City of Prior Lake
16200 Eagle Creek Avenue
Prior Lake, MN 55372
RE: Preliminary Plat, Wensmann 1st Addition
CSAH 82 and Wilds Parkway
Dear Jane:
We have reviewed the preliminary plat dated May 11, 2000, as it relates to Highway
Department issues and offer the following comments or concerns:
+ A right turn lane and bypass lane, built to County standards, on CSAH 82 shall be
required for the proposed Street A access.
+ Any change in stormwater entering the County right-of-way shall require detailed
drainage calculations to be submitted to the County Engineer for review and
approval.
+ No berming, landscaping, ponding, or signing shall be allowed in the County right-of-
way.
+ An access permit shall be required for the proposed Street A access to CSAH 82.
+ A utility permit shall be required for any work within the County right-of-way.
Thank you for the opportunity to comment. If you have any questions, please feel free to
contact me.
Sincerely,
-, -;::::-- -::-;::-~;:;--::::--
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Transporta Ion Planner
Email: Brian Sorenson, County 1'ransportation Engineer
All Equal Opportullir,v/Safety Aware Employer
INTEROFFICE MEMORANDUM
TO:
FROM:
RE:
DATE:
PLANNING/ENGINEERING
Ralph Teschner, Finance Director
WENSMANN 1 ST ADDITION - Revised
Preliminwy PIal
(assessment/fee review)
July 13,2000
A 54.5 acre parcel comprising PIN #'s 25-934-004-2,3,5,6 & 8 plus PIN #25-344-011-0 is
proposed to be developed as Wensmann 1st 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:
Collector Street Fee
Stormwater Management Fee
Trunk Sewer & Water Fee
Lateral Sewer & Water Charge
$1500.00/acre
$3180.00/acre
$3500.00/acre
150' @ $60.00/ff
The application of applicable City development charges would generate the following costs to
the developer based upon a net lot area calculation of 39.84 of single family and to\vnhouse units
as provided within the site data summary sheet of the preliminary plat description:
Collector Street Fee:
46.61 acres @ $1500.00/ac == $69,915.00
Storm "Vater Management Fee:
46.61 acres @ $3180/ac = $148,220.00
Trunk Sewer & Water Charge:
46.61 acres @ $3500.00/ac = $163,135.00
Lateral Sewer & Water Charge:
150' @ $60.00/ff= $9,000.00
NOTE: (Includes private street RO\V of 1.72 ac. in acreage calculation)
These charges represent an approximate cost of $2,217.00 per lot for the 176 proposed single
family/townhouse units (excluding 2 existing homes) within Wensmann 1st Addition. 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
H\SPLlTS\ WENSM,\i'lLOiK m
..5-25-2000 5: 1 4PM
FROM PIONEER ENGINEERING 681 9488
P.2
Trip Generation
for
Wensmann 1 ~ Addition
in
City of Prior Lake
The following information is from Trip Generation. tr Addition, Institute of Transportation
Engineers.
Assumptions:
124 Townhome Units
45 Single Family Detached Units
Traffic generation considers the Wensmann l,t Addition independently
1. Average Daily Trips
5.86 trips per townhome unit per day
9.57 trips per single family u.nit per day
(124*5.86) + (45*9.57) = 1157 trips per day attributed to the development
Disbursement
50% trips in = 578.5 trips per day
50% trips out = 578.5 trips per day
2. Peak Hour Morning Traffic - 7-9 A.M.
0.44 trips per townhome unit
0.77 trips per single family unit
(124*0.44) + (45*0.77) = 54.56 + 34.65 = 89.21 trips in peak A.M.
Disbursement
Townhome - 18 % trips in, 82 % trips out
Siogle FamUy unit - 25 % trips in, 75 % trips out
(54.36*0.18) + (34.65*0.25) = 18.48 trips in
(54.36*0.82) + (34.65*0.75) = 70.73 trips out
2. Peak Hour Evening Traftic - 4-6 P.M.
0.54 trips per townhome unit
1.06 trips per single family unit
(124*0.54) + (45*1.02) = 66.96 + 45.90 = 112.86 trip~ in peak PM.
Disbursement
Townhome - 65 % trips in, 35 % trips out
Single Family unit - 64 % trips in, 36 % trips out
(66.96*0.65) + (45.90*0.64) = 72.90 trips in
(66.96*0.35) + (45.90*0.36) = 39.96trips out
PLANNING REPORT
AGENDA ITEM:
SUBJECT:
5D
CONSIDER AN AMENDMENT TO THE ZONING
ORDINANCE CREATING AN OVERLAY DISTRICT
FOR THE DEVELOPMENT OF SENIOR CARE
FACILITIES
PRESENTER:
PUBLIC HEARING:
DATE:
DONALD RYE, PLANNING DIRECTOR
X YES NO-N/A
INTRODUCTION: On two previous occasions, the City Council has discussed the idea
of senior care facilities and their treatment in the zoning ordinance. Because of the special
needs of persons living in such facilities, the Council asked staff to research the issue and
report on the results. Following extensive review of the planning literature, staff
concluded that an overlay district approach in several zoning districts made the most
sense as a way of dealing with the issue. Council concurred and referred the matter to the
Planning Commission for it's review and input.
DISCUSSION: Housing the elderly has become a growth industry in the U.S. As more
people live longer lives, the need for living accommodations suited for the particular
needs of an aging population has become more apparent. The range of facilities being
provided covers a broad spectrum from independent living through facilities offering a
variety of services to residents up to and including nursing homes. The current zoning
ordinance addresses independent senior housing and nursing homes but does deal
adequately with senior care facilities offering an intermediate range of services.
The proposed Senior Care (SC) Overlay district is intended to encourage the development
of senior care facilities in a variety of settings. Rather than simply laying out a set of
regulations, the district sets up incentives which can be applied to a project to the extent
certain locational criteria are met. The more the project meets the criteria, the more
incentives may be applied. The district can be applied in the R-2, R-3, R-4, C-2, C-3 and
C-4 Districts. The density of a project cannot exceed the density of the district in which it
is located. In the Commercial districts, the density cannot exceed 30 units per acre.
The locational criteria include proximity to health care facilities, retail shopping, religious
institutions, public transportation and other supporting services and facilities.
PC072400. DOC
16200 tll!,!le Creek Ave. S.E., Prior Lake. Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
A:-; EQUAL OPPORTUNITY EMPLOYER
AL TERNATIVES:
1. Recommend appro~al of the draft ordinance
2. Recommend approval of the draft ordinance with specific modifications
3. Recommend denial ofthe draft ordinance
4. Continue consideration of the amendment for specific reasons
RECOMMENDATION: Alternative I
ACTION REQUIRED: Motion to recommend that the City Council adopt Alternative I
PC072400.DOC
DR
CITY OF PRIOR LAKE
ORDINANCE NO. 00- XX
AN ORDINANCE AMENDING SECTION 1103 OF THE PRIOR LAKE CITY
CODE
The City Council of the City of Prior Lake does hereby ordain that:
1. The Prior Lake City Code is hereby amended by adding the following new section:
1106A-Senior Care (SC) Overlay District
1106A.100 Purpose and intent- The intent in allowing Senior Care as an overlay district
is to encourage the development of senior care facilities and to facilitate the development
of such facilities. The Senior Care (SC) Overlay District is established for the purpose of
allowing senior care facilities in close proximity to support services and complementary
land uses. It is the intent of this District to provide for flexibility in the siting and
development of such facilities necessary to facilitate the development and construction of
senior care facilities such as assisted living and congregate care developments. It is also
intended to implement the housing goals and policies in the City's Comprehensive Plan.
1106A.200 Definitions
. Assisted living - A residential facility providing a combination of housing, meals,
support services, limited medical care and assistance with activities of daily living.
. Congregate care- A residential facility designed to accommodate independent living
which also provides a variety of support services such as meals, laundry,
housekeeping, transportation and social and recreational activities.
. Senior care facilities- A residential facility where at least 80% of the residents are 55
years of age or older. Services available to residents cover a broad range of activities
from social opportunities to medical care. The term includes assisted living and
congregate care. It does not include nursing homes licensed by the State of
Minnesota.
1106A.300 Permitted uses- Land uses in the SC Overlay District are allowed by
Conditional Use Permit only. These uses are senior care facilities, assisted living and
congregate care.
1106A.400 Application- The SC Overlay District may only be applied in the following
zoning districts: R-2, R-3, R-4, C-2, C-3 and C-4. In residential zoning districts, the
allowable dwelling unit density for a senior care facility may not exceed the allowable
density in the underlying zoning district. In the commercial zoning districts, the
I: \OOti les\OOordamd\zon ing\OO-O 3 8\draftord. doc
PAGE I
maximum dwelling unit density shall not exceed 30 dwelling units per acre. The
development of a senior care facility is subject to all applicable requirements of the
underlying zoning district except as modified according to the provisions of Section
1106A.600.
1106A.500 Criteria for apolication of the Senior Care Overlay District
1106A.501 Proximity to support facilities- The applicant for any senior care project
proposed for development shall demonstrate that the proposed site is readily accessible to
health care facilities, retail shopping, religious institutions, public transportation and other
supporting facilities and activities. The City in it's sole discretion shall determine the
adequacy and availability of such supporting facilities. The degree to which the senior
care facility is in close proximity to these services and facilities will determine the degree
to which incentives for development will be granted.
1106A.502 Incentives- As an inducement to encourage the development of senior care
facilities, the City may consider certain incentives. These incentives include increases in
building height, decreased setbacks, increases in floor area ratios and ground floor area
ratios, modification of landscaping requirements, fee waivers, relaxation of controls on
architectural materials, relaxation of fencing regulations, relaxation of parking lot
landscaping requirements and relaxation of proof of parking requirements. In the initial
application, the applicant should provide a schedule showing which incentives are being
sought and supporting evidence which shows the justification for the incentives,
including an analysis of the degree to which the criteria in Section 1106A.501 have been
met. The City in it's sole discretion will determine which, if any incentives will be
granted to a specific project.
1l06A.600 Modifications In addition to the incentives outlined in Section 1l06A.502,
modifications to the requirements of the underlying zoning district may be approved. Any
modifications requested pursuant to this section shall be identified in the initial
application . Any modifications shall be consistent with the goals and policies of the
Comprehensive Plan and shall be approved only upon a finding that the modification
does not adversely affect surrounding properties. Such modifications shall be approved as
part of the Conditional Use Permit and shall be included in the resolution approving the
Conditional Use Permit and in the development agreement required in section
1106A.700.
1l06A.700 Restrictive Covenant Upon approval of a Conditional Use Permit for a
senior care facility, the applicant shall record a restrictive covenant on the property which
states the type and extent of care to be provided and limiting occupancy of the facility to
no more than 20% of the residents under the age of 55 years.
1106A.800 Administration An application for a senior care facility in the SC Overlay
District shall be processed and administered under the provisions of Section 1108.200 of
this ordinance.
1: \OOfiles \OOordamd\zon ing\OO-03 8\draftord .doc
PAGE 2
I
2. Section 1103.100 is amended to read as follows:
1103.100 OVERLAY DISTRICTS. The provisions of Sections 1103 through 1106A
govern the use of land 'Yithin the Overlay Districts. The Overlay Districts are Use
Districts that encompass one or more underlying Use Districts and that impose additional
requirements above that required by the underlying Use District. The Overlay Districts
include:
1104
1105
1106
1106A
Shoreland
Floodplain
Planned Unit Developments
Senior Care
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
,2000.
ATTEST:
City Manager
Mayor
Published in the Prior Lake American on the _ day of
,2000.
Drafted By:
City of Prior Lake Planning Department
16200 Eagle Creek Avenue
Prior Lake, MN 55372
1: \OOti les\OOordamd\zon ing\OO-O 3 8\draftord .doc
PAGE 3
.'
AGENDA ITEM:
SUBJECT:
SITE:
PRESENTER:
PUBLIC HEARING:
DATE:
PLANNING REPORT
6A
CONSIDER AN AMENDMENT TO SECTION 1101.501
OF THE ZONING ORDINANCE RELATING TO THE
COMBINATION OF NONCONFORMING LOTS
DIVIDED BY A PRIVATE STREET BUT UNDER
SINGLE OWNERSHIP
N/A
DONALD RYE, PLANNING DIRECTOR
YES NO-N/A
JULY 24, 2000
INTRODUCTION: At the July 7 Planning Commission meeting, this issue was
reviewed by the Planning Commission. There was testimony in support of the proposed
amendment. The Planning Commission had some reservations about allowing garages
and detached accessory structures to be located across the private street from the principal
use without some oversight, Consequently, the Commission directed staff to develop
additional language which would provide for Commission review and approval of such
requests
DISCUSSION: The attached language provides for Planning Commission review
following a public hearing. t limits the review to issues related to building materials,
architecture and placement on the site. It does not consider variance hardship criteria as
the review is more in the nature of a site plan review. It also provides for an appeal
process to the City Council if the request is denied.
The Planning Commission should determine if the proposed procedure is acceptable and
make the appropriate recommendation to the City Council/
ALTERNATIVES:
1. Recommend approval of the draft ordinance language
2. Recommend approval of the draft ordinance language with specific modifications
3. Recommend denial of the draft ordinance language
4. Continue the case for a specific reason
RECOMMENDATION: Alternative 1
Document5
16200 EnWe Creek Ave. S.E" Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
,
ACTION REOUIRED: Motion to recommend approval of Alternative 1 to the City
Council
DocumentS
DR
,
DRAFT ORDINANCE AMENDMENT
SECTION 1101.501
. In those cases where a detached accessory structure is to be located on the portion of
the lot which is separated from the principal structure by the private road or driveway
and there are existing residential structures adjacent to or in close proximity to the
proposed structure, the Planning Commission shall hold a public hearing on the
request upon receipt of an application and following the notice requirements for a
variance pursuant to Section 1108.404 of the City Code. In evaluating the application,
the Planning Commission shall not apply the hardship criteria for variances. The
Planning Commission review shall determine whether the design and location of the
detached accessory structure is compatible with the surrounding properties in terms of
architecture, building materials and placement on the lot. If the Planning Commission
denies the application, the applicant shall have the right to appeal the decision to the
City Council pursuant to Section 1109.400 of the City Code.
16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
A"l EQUAL OPPORTUNITY EMPLOYER