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HomeMy WebLinkAboutCUP 00-010 ADDITIONAL MA TERIAL/PLANS AVAILABLE IN LARGE SCALE. . I SEE THE PLANNING DEPARTMENT FOR ASSISTANCE AT (952) 447-9810. o-tz>nP~ ()O ~o ll) YEAR: ~ .._~~~ · 'Sct-~ ~ (~p~ '1/il/o0 D ~Cts~T'iv4-- W~). L~ i(17(OO) ; J ~~~. ct1J1ie1 ~-(Lf -qt .. .. . o ~ .f-'~~9(\ur~C~ ~\ ~ &(q f ;l?; I) S-ctL p~ ~ (-;)-[)-OO . @ @ L; _ :.. .~.::._~.____... i i:' .1 ., .28- IIIII myo~ Planning Case File No. -f{) - 0 to Property Identification No. r Lake LICATION JS..D d;).-06(,-($ 16200 Eagle Creek Avenue S.E./.Prior Lake, Minnesota 55372-1714/ Phone (612) 447-4230, Fax (612) 447-4245 Type of Application: Brief description of proposed project (attach additional -0 Rezoning, from (present zonini) sheets/narrative if desired to (proposed ZOQini) o Amendment to City Code, Compo Plan or City Ordinance o Subdivision of Land o Administrative Subdivision I Conditional Use Pennit o Variance o Other: Applicable Ordinance Section(s): Applies . .... Address: . . (". . .... ...... .... ......1 . .... Home Phone: :0, ~".. _ . Work hone:" . .. ..... .. iIJJiIf'I!![ Property Owner(s) [If different from Applicants]: Address: Home Phone: Work Phone: Type of Ownership: Fee L Contract for Deed _ Purchase Agreement ~ Legal Description of Property (Attach a cop if there is not enough space on this sheet): To the best of my knowledge t e information provided in this application and other material submitted is' correct. In ve read the relevant sections of the Prior Lake Ordinance and procedural guidelines, and understand that wil not be processed until deemed complete by the Planning Director or assignee. /.. 2.,,1'. ~ ?J Date t litJM,"'i~ 5"d2.-...t'tJ/y5\ t. '-c. IS SPACE TO BE FILLED IN BY THE PLANNING DIRECTOR OR DESIGNEE /. z,y., I/JO Date PLANNING COMMISSION CITY COUNCIL APPROVED APPROVED DENIED DENIED DATE OF HEARING DATE OF HEARING CONDITIONS: Signature of Planning Director or Designee lu-app2.doc Date ~_~.. _ #,.;:;_......;40.__~........... _."_..~ __................;..,;,'-'..'.._.~____..-.;;..;........",~~..~~........ ___. ..,-~_"""::,, ' ... .._. ~r:...;-..~'--"' ... ..""'_'_ ~-<:.:' ,,'."'-..._' ....#'.- CITY OF PRIOR LAKE 16200 EAGLE CREEK AVE SE PRIOR LAKE, MN 55372 (612)447-4230, FAX (612) 447-4245 .......:_' is ..... _ . ~. ~.'. ;,.;;: ...:-~ .._,.' --",_ ,.:.;...,. .,.... -' ,~', ... -.. .. .... ~ ...,..~.'.. RECEIPT # 36166 DATE: I-Zg'0/) for the purpose of 0- dollars $ 350 (y)) , /r- I I' i"(' ~. 11/' I I .1,'" A II ~ ~(iVl I / , , ~ ,_..-1 V i I~{vr V &1'~/<h 1 .' /I nil .,! T L/ yUl.J.--i Iv /- / /) V " ',- AFFORDABLE HOUSING SOLUTIONS, LLC 8621 BASSWOOD ROAD UNIT 25 EDEN PRAIRIE. MN ~ PAY TO THE ~ ORDER OF ! ~I g g . 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CD en -:::rCD cg 0 0 iii' CO 9!. ~ ~ ~3 o' CD :::l 0" S' :J en ~CD en ('") ::e co =--:::r g~ -:::r CD -. 3 o a. :=; o 9:!,. o' :J en o -.. :T CD 0" ~. :J co r ~ ij ~ z.. ~. ~ 70 ! ~ ).. ~ \' ! Q Z. r . Ol :J en en -0 r -0 co ~ ~ ~ a. ~ g. s: 3' Ol () CD :J Ol Ol :J a. CD ..., en 0 a.ro o' Ol :J ~ en CJl CD Ol en Ol N Ol en Ol :J a. o o 3 3 o :J Ol ..., CD Ol en ~~ t': 1 - - I ~ r c. '1 ~ _ . _ r l>l ~!i' ~ ~ J g \ \ ~~ r.-.!. !; i 0):> o = Ol ::::""0 o C :JO" en::: o 0"-1 C-:::r 6: CD -.co :J CD en :J CD o ..., :JfE.. -en -:::r _. CD N en _CD ~ ..., ro ro Cii coo o 9:!,. o' :J Ol :J a. c en CD o -.. ;0 m o c ;0 m o z "T1 o ;0 ~ :t> -f o Z \ \ \\ ro :J ..., Ol :J o ro Ol :J a. CD x iii' Ol :J '< -0 -. o -0 o en CD a. :J o :J ..., CD en a: CD :J - ~ a. ..., <' ro en Ol :J a. ::e Ol ~ ::e Ol '< ~~ ~ ~ i t\ J r- o C") :t> -f o Z "*" > , \ en c OJ ~ ::t m o ASSENT OF APPLICANT File 0 -0 As Approved by Resolution #00-58 The undersigned hereby assents to the following: 1. I have read the conclusions and conditions of said Resolution, and I am familiar with their contents and with the content of the exhibits. 2. I fully accept all ofthe terms and conditions of said Resolution. 3. I understand Section 1108.200 of the Prior Lake Ordinance Code provides as follows: 1108.211 Revocation and Cancellation of a Conditional Use Permit. A Conditional Use Permit may be revoked and canceled if the Zoning Administrator determines that the holder of an existing Conditional Use Permit has violated any of the conditions or requirements imposed as a condition to approval of the Conditional Use Permit, or has violated any other applicable laws, ordinances, or enforceable regulation. 1108.212 After One Year. No Construction Required. All Conditional Use Permits shall be revoked and canceled if 1 year has elapsed from the date of the adoption of the resolution granting the Conditional Use Permit and the holder of the Conditional Use Permit has failed to make substantial use of the premises according to the provisions contained in the Permit. 1108.213 After One Year. New Construction Required. All Conditional Use Permits shall be revoked and canceled after 1 year has elapsed from the date of the adoption of the resolution granting the Conditional Use Permit if a new structure or alteration or substantial repair of an existing building is required by the Conditional Use Permit and the holder has failed to complete the work, unless a valid building permit authorizing such work has been issued and work is progressing in an orderly way. 1108.416 Upon Occurrence of Certain Events. If the holder of a Conditional Use Permit fails to make actual use of vacant land, or land and structures which were existing when the Conditional Use Permit was issued and no new structure, alteration or substantial repair to existing buildings was required; or if a new structure was required by the Conditional Use Permit and no building permit has been obtained, the Conditional Use Permit shall be deemed revoked and canceled upon the occurrence of any of the following events: L:\OOFILES\OOCUP\OO-OIO\assent form.DOC 1 16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (952) 447-4230 / Fax (952) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER (1) A change in the Use District for such lands is made by amendment to the Zoning Ordinance by the City Council. (2) Eminent domain proceedings have been initiated to take all or any part of the premises described in the Conditional Use Permit. (3) The use described in the Conditional Use Permit becomes an illegal activity under the laws of the United States of America or the State of Minnesota. (4) Title to all or part of land described in such Conditional Use Permit is forfeited to the State of Minnesota for nonpayment of taxes. (5) The person to whom the Conditional Use Permit was issued files a written statement in which that person states that the Conditional Use Permit has been abandoned. The statement shall describe the land involved or state the resolution number under which the Conditional Use Permit was granted. (6) The premises for which the Conditional Use Permit was issued are used by the person to whom the Conditional Use Permit was issued in a manner inconsistent with the provisions of such Conditional Use Permit. 4. I understand the granting by the City of this Resolution is in reliance on the representations that I will fully comply with all ofthe terms and conditions of said Resolution. I understand and agree upon notice of non-compliance with any term or condition, I shall immediately cease conducting activities pursuant to the notice or will take all actions necessary to accomplish full compliance with said notice and conditions of the Resolution. .Tune 2 ~ . 2001 DATE BY TIONS, UQQ{ LLC Corner of Toronto & Tower Str. Prior Lake, Minnesota 55372 ADDRESS OF PROPERTY L:\OOFILES\OOCUP\OO-OlO\assent form. DOC 2 .~ ..:;F.rc .~"-.. 'Y'-~->'~:. . ~ ~ Iu- \~ STATE BANK OF LONG LAKE 19G1 w. WAVZATA BLVD. . P.O. SOX 636 LONG LAI<r:, MINNESCfJA ~. !:I521473-'1347' FAX: 952/473-0282 IRREVOCABLE LETTER OF C~ED'T Nn, 060801 June 8,2001 City of Prior Lake 16200 Cagle Creek Avenue I"rior Lake, MN 55372w17H:i Dear Sir or Mad;;Jm: We hereby Issue, 101 the account elf Robert ~karsten and in your favor, our Irrevocable Letter of Credit in the amount of $38,320.00, available to you by your draft drawn on sight on the undersigned bank. "ne draft must: a) Sear the cleu$e, "Drewn under Ltllltll' of Credl! No. 013080', dated June 8, 2001, of State Bank of Long Lake; b) S. sisned by tho M&lYCJr or City Manager of the City uf Prior Lake. c) Be presented for payrnent at 1904 W. WClyzata Blvd., Long Lake, MN, on or before 4:00 p,m., December 31, 2a03. ThiEl Irrevocable Letter of Credit sets fud" in rull our understanding Which shall not in any way be modified, amended, amplified, or limited by reference to any document, Instrument, or agreement, whether or not referred to herein. This Irrevocable Latter of Credit is lIot assignable::. TI'.i::; i:; not a Notation Letter of Credit. More than one draw may be made under the Irrevocable Letter of Credit. Thi:s Irrevocable Leltflr or Credit shall be governed by the most recent revision of the Uniform Customs and Practice for Documentary Credits, Intematloll81 Chamber of Commerce Publication NO. 400. We hereby agree that a draft drawn under and in t;ornpliance with this Letter of Gredlt shall be duly honored upon presentatIon. ~'j'ul9 SERVICE B^N~ . '-.- CondnuouG Bnnlcing 8111ee 190:, FDiCi ~ STATE BANK OF LONG LAKE 1964 w. WAYlATA BLVD. · P.O. BOX 636 LONG LAKE, MINNESOTA 55356-0636 · 952/473-7347. FAX: 952/473-0282 IRREVOCABLE LETTER OF CREDIT No. 062601 June 6, 2001 City of Prior Lake 16200 Eagle Creek Avenue Prior Lake, MN 55372-1715 Dear Sir or Madam: We hereby issue, for the account of Robert Skarsten and in your favor, our Irrevocable Letter of Credit in the amount of $30,000.00, available to you by your draft drawn on sight on the undersigned bank. The draft must: a) Bear the clause, "Drawn under Letter of Credit No. 062601, dated June 26, 2001, of State Bank of Long Lake; b) Be signed by the Mayor or City Manager of the City of Prior Lake. c) Be presented for payment at 1964 W. Wayzata Blvd., Long Lake, MN, on or before 4:00 p.m., June 26, 2003. This Irrevocable Letter of Credit sets forth in full our understanding which shall not in any way be modified, amended, amplified, or limited by reference to any document, instrument, or agreement, whether or not referred to herein. This Irrevocable Letter of Credit is not assignable. This is not a Notation Letter of Credit. More than one draw may be made under the Irrevocable Letter of Credit. This Irrevocable Letter of Credit shall be governed by the most recent revision of the Uniform Customs and Practice for Documentary Credits, International Chamber of Commerce Publication No. 400. We hereby agree that a draft drawn under and in compliance with this Letter of Credit shall be duly honored upon presentation. Continuous Banking since 1905 .tRdI 4epMt1w l-...cI to '100.000 FDII _llIPOSItllnU.4MClICOlII'ClIIAhCWt ..... ., j ~:) ....:.. ,,- ~" ":..... ' .., ,,::,.~.l>-1' o' J ~.&dv1 NO. 1426 P. 2 ~ ~\~ -'--MAV. 30. 200( 11: 36AM CONTRACT FOR OVERSIZING OF STORM SEWER STONEGATE APARTMENTS. CITY PROJECT #00-34 This Contract is made this 220d day of January, 2001 by and between the City of Prior Lake (hereinafter "City"), a Minnesota Municipal Corporation, and Affordable Housing Solutions, LLC, a Minnesota Limited Liability Corporation (hereinafter "Owner"). WITNESSETH: WHEREAS, on July 17,2000, the City Council passed Resolution 00.58 approving the Conditional Use Permit for Affordable Housing Solutions, Inc. subject to conditions as outlined said resolution which is incorporated herein as Exhibit A; and WHEREAS, the Conditional Use Permit (paragraph 4.a.ii) requires the Owner to construct a storm sewer along Tower Street; and WHEREAS, the City desires Owner to oversize the construction of the storm sewer so that the pipe is large enough to serve the total drainage area of 8.5 acres; and WHEREAS, upon completion, inspection and acceptance by the City, the storm sewer constructed by Owner will become part of the municipal storm sewer sYStem. NOW THEREFORE, based on the mutual promises and covenants set forth herein, the sufficiency of which is not disputed, the City and Owner agree as follows: 1 ) Purpose. The puxpose of this Contract is to set out the understanding between the City and Owner with respect to the construction of a storm sewer (hereinafter "Improvement") on Owner's property and the public right-of-way. This Contract describes the Owner's responsibilities with respect to the method of construction, the City's requirements pertaining to size and location of the Improvement, inspection of the Improvement by the City, as-built drawings, hold harmless and indemnification and City reimbursement to Owner for the cost to oversize the Improvement. 2) Recitals. The Recitals set forth above are incorporated herein as if fully set forth herein. 3) Contrad Documents. This Contract consists of the following documents, each of which is specifically incorporated herein by reference as if fully set forth or attached (collectively referred to as "Contract Documents"). a. TIlis Contract including Exhibits A, B, C~ D, E. and F. b. Site Survey dated December 15, 1999, prepared by Rehder & Associates, Inc. O;\PROJECTS\2000\34STONE\CONTRACT.doc 1 MAY. 30. 2001 11: 36AM NO. 1426 P. 3 ,'" <00 , - ~(::- '. ,. ... -.? . ,~ c. Plans (Exhibit C) and Specifications dated January 12,2001, prepared by Rehder & Associates, Inc. d. City Public Works Design Manual 4) Location. The Improvement will be constrUcted in the right-of-way as shown on the Exhibit C. 5) Oversi%in~. The Conditional Use Permit requires that the Improvement should be oversized for the benefit of the entire 8.5 acre drainage area in which the property shown on Exhibit B (Boundary and Topographic Survey for Stonegate Apartments dated December 19, 1999) is located. Oversizing is the construction of an Improvement to City specifications that exceeds the size of an improvement that would otherwt....e be required by the Owner. The calculation of the City's share of the cost to oversize the Improvement is attached as Exhibit E. The City shall pay its share not to exceed $35,200 within thirty (30) days of acceptance of the Improvement by the City Engineer. If the City Engineer determines additional work as a result of oversizing is required and provides written authorization to the Owner to proceed with said additional work, the City shall reimburse the Owner for the costs associated with the additional work. 6) Irrevocable Letter of Credit. As required by Exhibit A. Condition 4.f., an Irrevocable Letter of Credit (ILOC) is required if the Owner applies for a building permit prior to construction of the Improvement. The ILOC must be in an amount equal to 125% ofthe estimated cost of the storm sewer improvements. The ILOC ('"Security") shall be in the form attached hereto as Exhibit F, from a bank. authorized to do business in Minnesota and that has an office in the Minneapolis - Saint Paul Metropolitan area for 538,320.00 (Improvement cost of $30,655.00 X 1.25). The ILOC shall be for a term ending December 31,2001. The ILOC will be released upon receipt of the warranty bond described in paragraph 10 of this contract. The city may draw down the ILOC, without notice, for any violation of the terms of this Contract or if the ILOC is allowed to lapse prior to the end of the required term. If the required Improvements are not completed at least thirty (30) days prior to the expiration of the ILOC, the City may also draw down the ILOC. If the Security is drawn down. the' proceeds shall be used to cure the default. 7) Construction of Improvement. The Improvement shall be installed in accordance with the City Public Works Design Manual and any other applicable City ordinances. The Owner shall construct the Improvement in accordance with the Contract Doc.uments submitted to and approved by the City. Construction of the Improvement shall not commence until May 15, 2001. Construction of the Improvement shall be completed within three weeks of the commencement and in no instance shall extend past September 15, 2001- The City Engineer may extend the time of completion as necessary due to adverse weather conditions or other matter beyond the reasonable control of the Owner. 8) As-builts. Upon completion of the Improvement and inspection thereof and prior to acceptance by the City or issuance of a Final Certificate of Occupancy for G:\PROJECrS\2000\34STON~'\CONTRACT.doc 2 MAY. 30. 2001 11: 36AM NO. 1426 P. 4 ,- . .-~ . - . . -: ..~ ,.- - ;- the Property, the Owner shall provide a compete set of as-built elevations in a fonn prescribed by and acceptable to the City Engineer. 9) Li~eDse. The Owner hereby grants the City. its agents, employees, officers and contractors a non-revocable license to enter onto Owner's Property to perform all work and inspections deemed appropriate by the City in connection with the COJlstruction and maintenance of the Improvement. 10) Warranty. The Owner warrants the Improvement against poor material and faulty workmanship. The warranty period shall commence on the date the City Engineer issues written acceptance of the Improvement. The warranty period for the Improvement is two (2) years. Upon completion of the Improvement and prior to the City's issuance of a fmal Certificate of Occupancy for the Property, the Owner shall provide the City with a warranty or maintenance bond, in a form acceptable to the City Engineer, in the amount of $38,320.00, which nwnber represents one hlmdred twenty-five percent (125%) of the cost of the Improvement. The warranty or maintenance bond shall remain in effect during the warranty period. 11) Prompt Payment to Subcontraetors Required. The provisions of Minnesota Statute Section 471.425, Subd. 4a, attached as Exhibit G are incorporated by reference as if fully set forth herein. 12) Indemnification. Owner shall indemnifY, defend, and hold the City, its Council, agents, employees, attorneys and representatives harmless against and in respect of any and all claims, demands. actions, suites, proceedings, liens, losses, costs, expenses, obligations, liabilities, damages, recoveries, and deficiencies, including interest, penalties, and attorney's fees, that the City incurs or sutters, which arise out of, result from or relate to the construction of the Improvement and this Contract. 13) Street Maintenance. Owner shall be responsible for all street maintenance until final written acceptance by the City of the Improvement. Warning signs and detour signs, if determined to be necessary by the City Engineer, shall be placed when hazards develop in streets to prevent the public from traveling on same and directing attention to detours. If and when streets become impassable, such streets shall be barricaded and closed. For the purpose of this paragraph, "street maintenance" does not include snow plowing or normal sweeping. 14) Third Party Recourse. under this Contract. Third parties shall have no recourse against the City 15) Validity. if any portion, section, subsection, sentence, clause, paragraph, Or phase (collectively "Provisions") of this Contract is for any reason held invalid by a court of competent jurisdiction, such decision shall not affect the validity of the remaining Provisions of this Contract. G;\PROJECTS\~OO0\34 STONF.\CONrnACT.doc 3 .-\ ":' MAY. 30. 2001 11: 37AM - . NO. 1426 P. 5 '" - .; ~ ..~ 16) Waiver. The action or inaction of the City shall not constitute a waiver or amendment to the provisions of this Contract. To be binding, amendments or waivers shall be in writing, signed by the parties and approved by resolution of the City Council. The City's failure to promptly take legal action to enforce this Contract shall not be considered or constitute a waiver or release of any legal or equitable right of the City. 17) Recordin2". The O\Vller, at hislher sole expense, shall record this Contract against the title to the property within ten (10) days of the City Council's approval of the Contract. The Owner shall provide the City with a recorded copy of the Contract. 18) Insurance. Owner, at its sole cost and expense, shall take out and maintain or cause to be taken out and be maintained, until the expiration of the warranty period on, the Improvement, public liability and property damage insurance covering personal injury, including death, and claims for property damage which may arise out of Owner's work or the work of its subcontractors or by one directly or indirectly employed by any of them. Limits for bodily injury and death shall not be less than $1,000,000 for one person and $2,000,000 for each occurrence; or a combination single policy of $1,000,000 or more. The City shall be named as an additional insured on the policy, and the Owner shall file with the City a Certificate of Insurance, evidencing coverage, prior to the City issuing a Final Certificate of Occupancy. The certificate shall provide that the City must be given (30) days advllIlcc written notice of the insurance providers intent to cancel or not renew the in~u.rance. 19) Assie-nment. The Owner may not assign this Contract without the prior written approval of the City Council. 20) Interpretation. This Contract shall be interpreted in accordance with the governed by the laws of the State of Minnesota. The words herein and hereof and words of similar import, without reference to any particular section or subdivision, refer to this Contract as a whole rather than to any particular section or subdivision hereof. Titlcs in this Contract are insertcd for convenience or reference only and shall be disregarded in constructing or interpreting any of its provisions. 21) Entiretv. This Contract shall be governed by the laws of the State of Minnesota. G:\PROJECfS\2000\34STONE\CONTRACI',doc 4 MAY. 3 O. 2001 11: 37 AM NO. 1426 P. 6 0:.- ., ...-" .j -' .- -;: ',.. = CITY OF PRIOR LAKE By: . ..,.....'.. By: Reviewed for Form and Execution: BY:~~?~~ Suesan Lea Pace City Attorney OWNERS(~):=~ a BY:~ ? ., Its: . ~x ltillIlXXXXXXXXXxxxxxxxxxxx:x.xxxx STATE OF MINNESOTA) )ss COUNTY OF SCOTT ) The foregoing instrument was acknowledged before me this l.7n.Jday of ku'::;f . 2001t by Wesley M. Mader and Frank Boyles, the Mayor and City Mana r of City of Prior Lake, a Minnesota municipal corporation, on its behalf. ICEllY MEYER NOTARY PUBUc-MINNESOTA ~ ~ ExpiIlS.Ian. 31. 2005 G;\I'ROJECTS\2000\34STONE\CONTRACT.doc 5 MAY. 30. 2001 11:37AM ... (-+ ,'- NO. 1426 P. 7 ~ "; '"", STATE OF MINNESOTA) )ss COUNTY OF SCOTT ) The foregoing ins oment was acknowledged before me this L2. gcJ.:aY q;. JI.!I= ,2001, by b ~ S:l'ldtxxJC(:lCXXXXXXXX . the -1l-l> \ W'~I ~ of '. , corporation. on its behal - ~ Notary Public (I), Ii BRYCE D. HUEMOEU.ER ; NOTARY PUBlIC. MINNESOTA My CarIIn1IssIan ElpIra 141--2DOS This instrumen~ was drafted by: The City of Prior Lake 16200 Eagle Creek Avenue SE Prior Lake, MN 55372 (952) 447-42.30 r ~ Doc. No. A 497381 OFFICE OF THE COUNTY RECCRDER SCOTT COUNTY. MINNESOTA C'ArIiIied Filed and/or Recan:Jed on 02-28-2001 at 11:00 Receipt n& Pat a..-k.lIlIn, County Recorder 01 by 0~. Deputy Fee: $37.50 Q:\PROJECTS\2000\34STONB\CONTIlACT.doo 6 Resolution and Minutes '- P L .'J-{ ~~u 0 n,1-L:1A!l-A:O:- ~~ ~ \, .1 CD ,', r~W:H;i:~1 riV 31,)1(00 ill\.AfU~1 , ~ 4/11{OD (VL~^L(::CU<t) CiL &/5/tP IW~ c/~?II 1,0-0 ~tfht.J...~ l l!.- f /1 7/ 'DO f/M.rl tA,/:;:lJ ~4L-~{u\0 00 ,~,.~g' fM~ 0(-07 L:\TEMPLA TE\FILEINFO.DOC J "' -r-- '/ PLANNING COMMISSION MINUTES MONDAY, FEBRUARY 28, 2000 1. Call to Order: The February 28, 2000, Planning Commission meeting was called to order by Chairman Cramer at 6:30 p.m. Those present were Commissioners Atwood, Cramer, Criego, Stamson and Vonhof, Planning Director Don Rye, Planning Coordinator Jane Kansier, Planner Jenni Tovar, Zoning Administrator Steve Horsman and Recording Secretary Connie Carlson. 2. Roll Call: V onhof Criego Cramer Stamson Atwood Present Present Present Present Present 3. Approval of Minutes: The Minutes from the January 24, 2000, Planning Commission meeting were approved as presented. 4. Public Hearings: Commissioner Cramer read the public hearing statement. A. Case #00-010 Affordable Housing Solutions is requesting a Conditional Use Permit for Stonegate, a 43 unit multiple family dwelling, for the property located in the southeast corner of Tower Street and Toronto Avenue. Planner Jenni Tovar presented the staffreport dated February 28,2000, on file in the office ofthe Planning Department. On January 23,2000, a Conditional Use Permit application was received to allow a multi- family dwelling on the property located at the southeast comer of Tower Street and Toronto Avenue. The proposed building will have 43 units with underground parking. No variances are needed. Staff has reviewed the application, and there are a number of items to be addressed affecting the site plan and grading of the site. Rather than presenting a plan with such changes recommended, the applicant has asked the item be continued to March 13,2000, addressing these issues prior to Planning Commission reVIew. There were no public comments. L:\OOFILES\OOPLCOMM\OOPCMIN\MN022800.DOC 1 Planning Commission Minutes February 28, 2000 MOTION BY VONHOF, SECOND BY STAMSON, TO CONTINUE THE PUBLIC HEARING TO MARCH 13,2000. Vote taken indicated ayes by all. MOTION CARRIED. B. Case #00-007 Faith Evangelical Lutheran Church is requesting an amendment to Section 1107.808 ofthe Zoning Ordinance relating to institutional signs. Planner Jenni Tovar presented the staffreport dated February 28,2000, on file in the office of the Planning Department. The applicant, Faith Evangelical Lutheran Church, is requesting an amendment to the Zoning Ordinance to allow institutional signs greater than six (6) feet in height and to allow illuminated signs within residential zoning districts. Institutional signs and illuminated signs are differentiated within the ordinance. Illuminated signs are permitted only within Commercial and Industrial Use Districts. Institutional signs are defined as signs which identify the name and other characteristics of a public or semi-public institution on the property where the sign is located. A public or semi-public use could include schools, public buildings, libraries, religious institutions, parks, etc. Comments from Scott County Highway Department and MnDOT were regarding the specification of Highway 13 and the glare to motorists. Staff recommended the Council approve the amendment as proposed, or with changes specified by the Planning Commission. Comments from the public: Corey McDonald, on behalf of Faith Evangelical Lutheran Church Sign Committee, said they would like to see an 8 foot limit. The speed limit is 45 mph on Highway 13 and it is important to have a safe sign with good visibility. Winter months with snow would make it harder to see the sign and therefore McDonald felt it should be raised 1 1/2 to 2 feet. Mr. McDonald presented the proposed sign. The total sign would be 7 1/2 feet in height. McDonald also noted the number of signs along Highway 13 and felt it was important to blend in with the area. Karl Tremmel (representing the Church) would like to have a sign that is easy to read and depicts the information of the Church services without having to slow down. Tremmel said it was a nice looking sign and would blend in with the surrounding area. He did not see any public distraction. It would be a good impression for Prior Lake coming from the south. Mike Nelson (representing the Church) explained they spent a lot of time on the Church Council and meetings trying get a nice looking sign to fit the ordinances. 1:\OOfiles\OOplcomm\OOpcmin\nm022800.doc 2 ~' PLANNING COMMISSION MINUTES MONDAY, MARCH 13,2000 1. Call to Order: The March 13, 2000, Planning Commission meeting was called to order by Chairman Cramer at 6:30 p.m. Those present were Commissioners Atwood, Cramer, Criego, Stamson and Vonhof, Planning Director Don Rye, Planning Coordinator Jane Kansier, Planner Jenni Tovar, Zoning Administrator Steve Horsman, Assistant City Engineer Sue McDermott and Recording Secretary Connie Carlson. 2. Roll Call: V onhof Criego Cramer Atwood Stamson Present Present Present Present Present 3. Approval of Minutes: The Minutes from the February 28,2000, Planning Commission meeting were approved as presented. 4. Public Hearings: Commissioner Cramer read the Public Hearing Statement and opened the first meeting. r-"~ A. Case #00-010 Affordable Housing Solutions is requesting a Conditional Use Permit for Stonegate, a 43 unit multiple family dwelling, for the property located in the southeast corner of Tower Street and Toronto Avenue. Jenni Tovar presented the Planning Report dated March 13,2000, on file in the office of the Planning Department. On January 23,2000 a Conditional Use Permit application was received to allow a Multi- family dwelling on the property located at the southeast comer of Tower Street and Toronto Avenue. The proposed building will have 43 units with underground parking. No variances are needed. The applicant had asked the item be continued to March 13, 2000 to address site plan issues prior to Planning Commission review. On March 2, 2000, the City received a petition protesting the project. Staff suggested a neighborhood meeting be held to answer any development questions and identify neighborhood concerns. On March 7, 2000, the City received a request from the applicant to continue the hearing until March 27,2000 to L:\OOFILES\OOPLCOMM\OOPCMIN\MN03 I 300.DOC 1 "" Planning Commission Minutes March 13, 2000 allow adequate time for a neighborhood meeting. The City also received a waiver to the 60/120 day timeline for a decision on the CUP to be made by the City. MOTION BY VONHOF, SECOND BY CRIEGO, TO CONTINUE THE PUBLIC HEARING TO MARCH 27, 2000. Vote taken indicated ayes by all. MOTION CARRIED. B. Case #99-100 Hillcrest Homes, Inc. is requesting a setback variance to permit side yard setbacks of 9 feet and 6.08 feet to construct a single family dwelling for the property located at 16340 Park Avenue. Steve Horsman, Zoning Administrator presented the Planning Report dated March 13, 2000, on file in the office ofthe Planning Department. On December 17, 1999, the Planning Department received a variance application from Hillcrest Homes, Inc., proposing to construct a single family home with attached garage on an existing substandard lot of record. A public hearing was conducted on January 10, 2000, and after reviewing the variance requests with respect to hardship criteria, the Planning Commission directed staff to draft a resolution approving the setback variances, but denied the variance for the eaves to encroach. On January 24,2000, the Planning Commission adopted Resolution #OO-OlPC denying the eave encroachment, and adopted Resolution 00-03PC, granting setback variances. A revised survey was submitted depicting 6.08 foot and 9 foot side yard setbacks along with the original building permit. The applicant was notified the survey did not match the approved variance per Resolution 00-03PC. On February 23,2000, the applicant submitted a revised variance request. Staff concluded the requested variances did not meet all ofthe required hardship criteria. A legal alternative exists to redesign the structure to meet the setbacks as provided for in Resolution #00-03PC and eliminate the need for the variances requested. Comments from the Public: Jim Albers, 16043 Northwood Road, stood for questions. His understanding was because of the length of the sidewalk, the home will have to be shifted to one foot. The public hearing was closed. Comments from the Commissioners: Stamson: . Questioned staff if the setback measurement is from the eaves or foundation. Kansier responded from the foundation but there is a provision in the ordinance stating how wide the over-hang can be. Specifically, it cannot be less than 5 feet from the lot line. 1:\OOfiles\OOplcomm\OOpcmin\mn031300.doc 2 ~ '/ Planning Commission Minutes March 27,2000 1. A utility easement must be granted as per request of NSP over the south 5 feet of the east 15 feet of Lot 1. Comments from the public: Applicant Bernie Carlson, said his primary concern is to get a building permit to invest in downtown Prior Lake. NSP asked for an easement which he does not believe they need and is waiting to get the results. The hearing was closed to the public. Comments from the Commissioners: Criego: . No problem with request. . Agreed with staff s recommendation. Cramer: . Agreed with staff s assessment. . Indicate if the easement is not required, make sure it is in the recommendation to City Council. V onhof: . Makes sense to combine the small lots. . Agreed with Commissioners' comments and support the request. Atwood: . Agreed with Commissioners' comments. MOTION BY CRIEGO, SECOND BY VONHOF, RECOMMENDING APPROVAL OF THE PRELIMINARY PLAT KNOWN AS CARLSON'S FIRST ADDITION, SUBJECT TO THE CONDITION THAT THE DEVELOPER GRANT NSP AN EASEMENT IF NECESSARY. Vote taken indicated ayes by all. MOTION CARRIED. B. Case #00-010 Affordable Housing Solutions is requesting a Conditional Use Permit for Stonegate, a 43 unit multiple family dwelling, for the property located in the southeast corner of Tower Street and Toronto Avenue. Planner Jenni Tovar presented the Planning Report dated March 27, 2000, on file in the office ofthe City Planner. On February 14,2000, the City received a complete application for a Conditional Use Permit to allow a multi-family dwelling on property located in the SE comer of Tower Avenue and Toronto Street. The property is zoned R-4 (High Density Residential) and is 1:\OOfiles\OOplcornm\OOpcmin\mn032700.doc 2 Planning Commission Minutes March 27.2000 guided as R-HD (Urban High Density) on the Comprehensive Land Use Plan Map. The public hearing was originally scheduled for February 28, 2000. The item was continued at the request of the developer to allow for recommended plan changes and to allow the developer time to hold a neighborhood meeting. Notices were mailed to property owners within 350 feet for the February 28, March 13, and March 27 public hearings. The property has been zoned for multi-family residential since 1975. The subject site consists of 1.7 acres. The proposed building will include 43 units and will be three stories with underground parking. Staff recommended approval of the CUP with the following conditions: 1. Four additional shrubs are required to be planted in the bufferyard required along 170th Street. 2. Irrigation Plan to be submitted. 3. Issues in engineering memo dated March 1, 2000 must be addressed. 4. Hydrant locations indicated and 300' foot hydrant radius to be provided. 5. A letter of credit must be submitted. The LOC will be for 125% oflandscaping costs, tree preservation requirements, Estimates or bids must be submitted for the required landscaping Cramer questioned the access criteria. Tovar responded the road is adequate and will not impact the neighborhood. Comments from the public: Jeffrey Gustafson, Affordable Housing, said originally they attempted to construct an apartment building across the street on the Boderman property. The request was turned down because the City felt the property would be best used as commercial property. The City contacted them and explained this property had been for sale and had not received any acceptable offers. The developers put a proposal together. Gustafson said the City Council knew ofthe intended use when they solicited the property. They did meet with the neighborhood a few weeks ago and addressed a lot of their questions and concerns. The complex is a market-rate project. The rental payments were comparable to the neighboring mortgage payments. Gustafson explained the rental rates, the on-site office and caretaking. Criego questioned the location of the building site. Gustafson responded that after much consideration this location made the most sense. One of the City's requirements was the storm sewer and ponding. The architect designed the project to reduce runoff. Atwood questioned the unit rent. Gustafson responded the breakdown is in the staff report and is about $1 per square foot. The architect, Charles Radloff, Valley View Road, Eden Prairie, explained the temporary ponding location. With the implementation ofthis project they believe the runoffwill be 1:\OOfiles\00pIcomm\OOpcmin\nm032700.doc 3 Planning Commission Minutes March 27,2000 reduced. The project was moved to the south side ofthe property to blend in with the single family residents. Parking and traffic flow will stay to the north of the neighborhood. The building will be used as a screen. The units are upscale and larger than the existing market. Radloff explained the grades, storm sewers and traffic flow. He believes they met all of the requirements and ordinances. Radloff said he was impressed with staff s thoroughness. Radloff said they could add more trees in the area and went on to explain the grading, parking and the terrace walls. Andy Whiting, 17057 Toronto Avenue, felt parking will be an issue on Toronto Avenue. Water runoff is a big issue at the intersection. He felt the study was done in September after the softball season and did not reflect true traffic counts. Whiting believes there was over 200 police calls last year on Tower Street and another building would only increase calls. Tom Haugh, 17041 Toronto Avenue, agreed with Mr. Whiting. He lives 2 doors down from the project and said the traffic is very heavy. Anytime in the summer between 4:00 p.m. to 8:30 p.m., it is hard to cross the street with all the softball traffic to the Ponds. His other concerns were for the traffic going to Busse Park, crime and the parking. Haugh questioned where the residents will park if not charged for underground parking. He suggested not parking on Toronto Avenue. Terry Pettinger, 17277 Horizon Trail, said his concerns are for the additional traffic at the Pond's Edge Early Learning Center becoming a kindergarten, the general traffic to the Ponds Park and the redirection of traffic to Busse Park. There will be a very huge increase in traffic. Pettinger also pointed out the existing water runoff. He has lived in the area for 6 years and enjoys the woods. Even though the building is appealing, it is 50 feet off the ground. His other concern was the rent and the adjoining low income values. Criego: Pointed out that adding this particular building will not add traffic south of the neighborhood. All the traffic from this project will stay north. All other issues raised are existing. Dean Neumann, 4623 Overlook Cir. SE, opposed to the proposal stating there is a lot of multifamily buildings in southeast Prior Lake. He felt this type of apartment complex is the wrong type of gateway for the neighborhood. Agreed with Mr. Pettinger's concern for traffic with the new kindergarten. The new post office is going into the area as well. He understands the ordinances but questioned if that is what the Commissioner's would want to have to drive by every day. The public hearing was closed. Comments from the Commissioners: 1:\OOfiles\OOplcomm\OOpcmin\mn032700.doc 4 Planning Commission Minutes March 27,2000 Cramer: · Agreed with residents that there is a lot of multi-residential housing in the area. This is not a commercial piece of property. It is a transition piece between Rl (single family and R4 ( high density). · This has been zoned R-4 since 1975. Hard to deny. · Originally traffic came up first as a concern. But none of the traffic concerns are from this development. The traffic is generated from something outside this development. It is not an issue. · There is an issue for runoff. But the proposals in the CIP should take care of it. · McDermott said with the construction of the post office site and/or the ring road will address the runoff issue. . The true issue is the parking. Not sure what the parking will be. · Gustafson addressed the parking. Assumes there is no parking on Toronto Avenue. The standard around the metro area is one to one and a half parking stalls per unit. They are proposing two parking places per unit. Tenants would not be able to park three or four cars per unit. This is not like a single family unit. They will control the parking. · There is a need for this type of housing in the City. . Support the project. V onhof: . Concurred with Cramer's comments. · Thanked neighbors for their concern and staff for addressing them. · McDermott clarified the storm sewer projects. Road improvements will come within the next year. · Question to staff - will this building have stand pipes? Architect Radloff said they would. · According to the police calls the information they have are general crime. Questioned what the neighborhood police calls were. Tovar responded with the information provided by the police. · The property has been zoned R4 since 1975. The application meets all the conditions. Atwood: · Toronto could be posted with "no parking" signs. McDermott said if the ring road was constructed there would be no parking. · Questioned the storm sewer with the construction of the new post office and ring road. · McDermott explained that portion of Toronto would be vacated if the ring road is constructed and would no longer be a public right-of-way. · Agreed with Criego the traffic from this project will not affect the neighborhood. · Agreed with Mr. Pettinger that it is an imposing structure to the neighborhood. · Questioned the neighboring subsidized rental. Tovar said only one complex was subsidized and the proposed rates ofthis project are substantially higher. . Seventy- four police calls in a year is a lot. 1:\OOfiles\OOplcomm\OOpcmin\mn032700.doc 5 Planning Commission Minutes March 27, 2000 . Reluctant in favoring this project. Criego: · Concerned for the runoff but staff assures there will be a solution. There are several variables. . The temporary solution of ponding in the parking lot is adequate. The drainage problem needs to be addressed by City. . Parking will not be a problem. . Concern for the buffer yard. It is not adequate. Strongly believes keeping the screening on site as a buffer to the south. · Questioned when Woodridge development started. Rye said the property was annexed in 1991 and platting was subsequent to that. · Empathy for the neighbors, but this property has been zoned R4 for many years. The reality has hit home with this particular development. . It is a different development than up the hill. It is classier and will bring more white collar into the community. . The community needs this type of housing. . In favor of this project with the exception of making sure the buffer zone is adequate for the R4 side as well as making sure the City is taking care of the runoff in the next couple of years. Rye said the additional runoff from the project is about 50 gallons per minute. Open discussion: V onhof: · Increase the screening requirements on site as a condition. Tovar explained how it would be done. Charles Radloff addressed the landscaping and bufferyard. Suggested hiring a landscape architect to address the problem that would be agreeable with staff. MOTION BY VONHOF, SECOND BY CRIEGO, TO RECOMMEND CITY COUNCIL APPROVE THE CUP WITH THE RECOMMENDED CONDITIONS INCLUDING A CONDITION THAT THE DEVELOPER MEET WITH STAFF AND INCREASE THE BUFFERING ALONG THE SOUTH SIDE OF THE LOT TO THE SATISFACTION OF THE STAFF. ADDITION TO THE MOTION BY CRIEGO, TO KEEP THE CALIPER INCHES ON THE LOT. VONHOF AGREED. Vote taken indicated ayes by all. MOTION CARRIED. This will go to the City Council on April 17, 2000. A recess was called at 7:50 p.m. The meeting resumed at 7:55 p.m. 1:\OOfiles\OOplcomm\OOpcmin\nm032700.doc 6 City Council Meeting Minutes April 17, 2000 PLAYGROUND EQUIPMENT AS IDENTIFIED IN THE 1999 AND 2000 CAPITAL IMPROVEMENT PROGRAM. MADER: Asked if the Resolution binds the City to funding the projects from the park capital fund, rather than the Referendum funds. BOYLES: Confirmed that based upon the remaining Referendum balances, the funding could also come from the Referendum funds. VOTE: Ayes by Mader, Gundlach, Petersen, Schenck, and Ericson, the motion carried. Consider Approval of Resolution 00-30 Authorizing Expenditures for Miscellaneous Park Capital improvement Projects and Park Capital Equipment as Identified in the 1999 and 2000 Capital Improvement Program. BOYLES: Discussed the expenditures and improvements planned, and the request of staff. Clarified that a funding source is not identified and may come from the park capital fund, or the Referendum money. MADER: Suggested that staff make the decision as to whether funding comes from the Capital Park Fund, or the Referendum Fund. MOTION BY MADER, SECOND BY PETERSEN TO APPROVE RESOLUTION 00-30 AUTHORIZING EXPENDITURE FOR MISCELLANEOUS PARK CAPITAL IMPROVEMENT PROJECTS AND PARK CAPITAL EQUIPMENT AS IDENTIFIED IN THE 1999 AND 2000 CAPITAL IMPROVEMENT PROGRAM NOT TO EXCEED $75,000. VOTE: Ayes by Mader, Gundlach, Petersen, Schenck, and Ericson, the motion carried. NEW BUSINESS: Consider Approval of Resolution 00-31 Approving the Preliminary Plat for Carlson's First Addition. BOYLES: Briefly reviewed the agenda item in connection with the staff report. MOTION BY PETERSEN, SECOND BY GUNDLACH TO APPROVE RESOLUTION 00-31 APPROVING THE PRELIMINARY PLAT FOR CARLSON'S FIRST ADDITION. VOTE: Ayes by Mader, Gundlach, Petersen, Schenck and Ericson, the motion carried. Consider Approval of R"ftlutlon DII-XX ApproviIIf,"'. Conditional UsePeralt lor .~lIy Dwellm; for ~. Housing. S...., Inc. onP,."." Located In . "Southeast Intersection tit T-ower Street and Twonto A venue. s.,v..... Tl'8IJScrJpt.~ as Exhibit A. The Council took a brief recess. Consider Approval of Initiation of the Vacation of Right-of-Way at Timothy / Commerce Avenue Intersection. 7 City Council Meeting Minutes Verbatim Transcript April 17, 2000 Agenda Item 98 Consider Approval of Resolution OO-XX Approving the Conditional Use Permit for a Multi-Family Dwelling for Affordable Housing Solutions, Inc. on Properly Located in the Southeast Intersection of Tower Street and Toronto Avenue. 1 Mader: The next item is Item 98 which is to consider approval of a resolution that relates to a multi- 2 family dwelling at the intersection of Tower and Toronto Streets. 3 4 Boyles: Mayor, Member of the Council, you will recall that the City sold a 1.7 acre property at the 5 intersection of Tower and Toronto. This is a conditional use permit request as required under your 6 zoning ordinance which would allow for the development of a 43 unit market rate multi-family dwelling 7 unit. I'm going to ask Jenni Tovar, our planner, to review the conditional use permit criteria at least in 8 kind of a summary fashion and provide you with the staff's input. I would direct your attention however, 9 to page 11 of the staff report and that page indicates certainly as a conditional use permit there are 10 reasonable conditions that the City Council may place upon any conditional use, and you'll see on that 11 page some five that have already been proposed. There are a number of others that you may wish to 12 consider. No parking, for example along Toronto Avenue, completion of storm sewer improvements in 13 conjunction with post office project, a limitation of access to the garage via Tower Street or some other 14 combination as you see most safe, and then finally tree replacement location, and that is a Planning 15 Commission proposal. With that, Jenni? 16 17 Tovar: Thank you Frank. Just to highlight the previous events on this applications. On March 27th the 18 Planning Commission on a 4-0 vote recommended that the City Council approve this conditional use 19 permit with conditions. The hearing focused on traffic, drainage related to runoff and the lack of storm 20 sewer, parking, and tree preservation. And, if Sue can put up the site plan, I'm just going to go through 21 each one of these issues that the Planning Commission discussion specifically. With regards to tree 22 preservation, there are 13 trees or 42.25 caliper inches which were proposed to be planted on City 23 property. When a developer removes trees, they can remove up to 25% without replacement. Anything 24 about and beyond that has to be replaced at one-half to one. The Developer had proposed to put 42 of 25 the required 59 inches off-site. The Planning Commission originally recommended that all those 26 replacement trees be planted on the site with the majority to be planted along 170th Street, which is 27 shown on the left side there. However, not all of the replacement inches can be planted along that 28 bufferyard along 170th Street and survive due to limited space. You can only fit so many trees in a 30 29 foot area, so the Planning Commission therefore recommended the developer meet with staff to 30 accomplish increased screening and buffing objections and accomplish tree replacement on-site. And if 31 I could have Sue put up the larger 11x17. I did meet with the developer today as to how that can be 32 accomplished. The revised plan on the right-hand ~ide is 170th Street and they suggested planting 14 33 coniferous trees that will fit there and survive, and moving some of the other deciduous trees amongst 34 the site. The other issue that the Planning Commission discussed was parking. They discussed the 35 need for "No Parking" signage in the area. It was suggested that Tower Street and Toronto be post 36 with signs. And currently there are signs posted on Tower Street, but not on Toronto Avenue. If the City 37 Council desired, a condition requiring the developer to post "No Parking" signs on Toronto Avenue 38 between Tower and 170th Street can be added. Another item of discussion at the public hearing was 39 traffic. And just to go over some projected counts. According to the Institute of Traffic Engineers, the 40 trip generation on this project will be 278 trips per day. The peak am hour will be 24 trips, and the peak 41 pm hour will be 26 trips, averaging the rest throughout the day. Toronto Avenue is a two-lane urban Verbatim Transcript April 17, 2000 City Council Meeting Item 98 1 street which is capable of carrying 8000 - 9000 cars per day. In 1999, the count on Toronto Avenue 2 was 2300. And as I said, according to the estimates for this proposed use, 278 trips per day will be the 3 increase. The other thing was runoff. The existing runoff on the site is 4.05 cubic feet per second. 4 Without on-site ponding, the runoff will be 6.04 cubic feet per second. The applicant is proposing to 5 provide ponding within the parking lot which will result in a runoff of 4.17 cubic feet per second and the 6 increased runoff is therefore 0.12 cubic feet per second. There currently is no storm sewer serving the 7 area. The water from the area collects at the intersection of Tower and Toronto Street. Staff does 8 anticipate a storm sewer system to be constructed with the future construction of the ring road and this 9 project is currently scheduled for 2001 in the 2001-2005 CIP which is going to be reviewed by the City 10 Council on May 1 st. The developer is also providing for a future connection, or a connection to future 11 City storm sewer systems, to be constructed as part of that ring road. The plans indicate construction 12 of storm sewer pipe to the right-of-way to be connected to the future system. I just also want to 13 mention you do have a petition. The City did receive a petition signed by 75 people protesting this 14 project, and that's in your packet. And as Frank said, there are additional reasonable conditions which 15 the Council can make a condition of the conditional use permit, such as the "no parking" signs on 16 Toronto Avenue, completion of the storm sewer improvement in conjunction with the post office project, 17 limitation of access to the garage via Tower Street, and tree replacement location as proposed by the 18 Planning Commission. Staff recommends approval of the conditional use permit with the following 19 conditions: four additional shrubs are required to be planted in the buffer yard along 170th Street, and 20 irrigation plan is to be submitted. There is a memo in your packet from the Engineering staff dated 21 March 1 st which has three issues in it which have yet to be addressed. Hydrant locations need to be 22 indicated and a 300 foot hydrant radius needs to be provided and a letter of credit needs to be 23 submitted. And the Planning Commission did recommend adding a sixth condition requiring all tree 24 replacement occur on-site with an emphasis on the buffer yard on the east side which is 170th Street 25 to be approved by staff, and that is in the attached resolution. And I will stand for any questions. 26 27 Mader: One question Jenni. What is our timf~ frame on this for acting? 28 29 Tovar: The applicant has signed a 120 day waiver due to the continuances that were up front at the 30 Planning Commission. 31 32 Mader: When does that 120 days......? 33 34 Tovar: They waived it due to their continuance at the Planning Commission. 35 36 Mader: Any questions of Councilmembers of staff at this point? 37 38 Ericson: Yes, I have several. On page 1, right about where it says "current circumstances", it says the 39 property has been zoned for multi-family residential uses since 1975. Has it always been R-4, or has it 40 been R-3 in the past, and if so, when did that change occur? 41 42 Tovar: Well, on the original zoning ordinance from 1975, it was zoned R-3, which there was no R-4 at 43 that time. R-3 at that time was defined as multi-family residential. That was changed when the City 44 adopted a new zoning ordinance, May 1, 1999, I believe, when we readjusted the multi-family zoning 45 districts and added an R-3 and then consequently added an R-4. 46 47 Ericson: Ok, and when it was an R-3, what was the density for that area for an R-3? 48 I :\COUNCI L \MINUTES\2000\STONGA TE.DOC 2 Verbatim Transcript April 17, 2000 City Council Meeting Item 98 1 Tovar: I don't have that information. 2 3 Rye: Council member, the old ordinance, the maximum density for conventional development was 14 4 units per acre, and they could go up to 18.8, I think through a PUD. 5 6 Ericson: Page 2, it talks about proposed access from Tower and Toronto. Neither of these roads is 7 designed as an arterial or collector road, and it's my understanding that access to a high-density 8 residential must be on a collector or arterial roadway. 9 10 [End of Tape.] 11 12 Tovar: ........under "Uses Permitted With A Conditional Use Permit" under multiple family dwellings, 13 "access shall be to a roadway identified in the Comprehensive Plan as a collector or arterial, or shall be 14 otherwise located so that access can be provided without generating significant traffic on local 15 residential streets". 16 17 Ericson: In talking about trip generation and roads and how they are designed, you say that a road 18 such as Toronto and Tower can carry 8,000 to 9,000 cars per day. That's the way they are designed. 19 Correct? 20 21 Tovar: According to the Comprehensive Plan that's a two-lane urban street which is designed to carry 22 8 to 9 thousand cars per day. 23 24 Ericson: And what are the design criteria for carrying 8 to 9 thousand cars per day. Is it like the width 25 of the road, how thick the tar is and things like that. Is that some of the primary concerns on how they 26 are constructed. 27 28 Rye: Typically, it'll have to do with number of lanes, width of the lanes, capacity of the street. 29 Something we should probably keep in mind - that 8 to 9 thousand is really a maximum figure. That's 30 assuming, basically that the road is running pretty much at capacity 24-hours a day. If you were going 31 to build a street to accommodate a volume of 8 or 9 thousand a day, it would be probably a higher 32 standard. 33 34 Ericson: OK. And, I guess I'm not concerned that we're going to get 8 or 9 thousand cars per day 35 down there. I certainly hope not. I don't want it to be a Minneapolis. My concern about the traffic flow 36 has nothing to do with volumes of cars, ok. One of the concerns I have is especially with the proposed 37 layout the way it is, cars going across traffic when you have other cars going to other areas, specifically 38 in the evenings when there is a lot of ball field activity and things like that. And I think that is significant 39 to point out that it is not a volume issue that I have any concern about. I think we really need to take a 40 look at how those accesses are going into and out of that property. A couple of other questions. Jenni, 41 when you take a look at the height or the elevations of the property, how do you go about that? Do you 42 use a computer system to determine how high the building is going to be, or do you use, which, I 43 thought I saw you using a ruler and a pencil trying to measure out the elevations compared to the 44 drawings that were submitted one day when I came to your office? 45 46 Tovar: How we measure the height, and I'll just read you the definition: A distance measured from the 47 mean curb level along the front lot line or from the finished grade level for all that portion of the 48 structure having frontage on a public right-of-way, whichever is higher, to the mean distance of the I :\COUNCIL \MI NUTES\2000\STONGA TE. DOC 3 Verbatim Transcript Apri/17, 2000 City Council Meeting Item 98 1 highest gable on a pitched or hip roof. So we start by getting the mean curb level along the front line, or 2 the finished grade level. In this case, it is from the finished grade level for all that portion of the 3 structure having frontage on a public right-af-way. So the survey indicates the high and the low points 4 at each corner. That's indicated on the survey, and I don't know if you can see it. If Sue puts up that 5 first site plan they are on there. And the mean is just the average, highest plus the lowest divided by 6 two. That gives you the mean curb elevation. Then when you look at the elevation sheets. This sheet. 7 In the building, it gives you the mean curb elevation down here measured to the mean peak roof which 8 is right here to get the height. And that's in accordance with the ordinance. Why I probably scaled it out 9 that day is because we didn't have this originally. On the original plan, we didn't have this mean roof 10 elevation. 11 12 Ericson: OK. Several more questions. Going to page 4 in our staff report, it talks about setbacks, and 13 it's the third line. It says, "for the purposes of determining setbacks, a bonus is given for underground 14 parking." Can you explain to me what the bonus is and rationale and things of that nature? 15 16 Tovar: The bonus, I believe, maybe I should grab the ordinance, but it takes out nine feet off of the 17 height of the building for setbacks. Setback in this case is determined by half the height of the building. 18 For the purposes of setbacks, that nine feet is taken off of the height because the garage is 19 underground. That's the bonus for having parking underground, underneath the building. The setbacks 20 is not......The developer is not penalized because now their height may be higher because they have 21 underground parking, which consequently would increase their setback if there setback is equal to the 22 height of the building. So therefore, the height of the underground parking is not counted for the 23 setback. 24 Ericson: OK. You'll have to bare with me. I have quite a few questions here. Talking about parking, 25 page 5, 87 stalls are required and it says the plan indicates that 86 stalls and 1 stall in front of the 26 mechanical room. Is a stall in front of a mechanical room an acceptable parking spot? I mean, I know, 27 for example, in a building you have to be so far from an electrical box, like 36 inches or something, so 28 there is no obstruction to a mechanical room. Are there any types of requirements for access into a 29 mechanical room? Is anyone aware of that? 30 31 Tovar: I would presume that....Our Building Official has looked at this in great detail. He's not here by 32 speak, but if there were some building code related item to that, it would have been made a point. I 33 would presume at this point. 34 35 Ericson: Now I'm going to page 6, and Existing I Proposed Runoff of Storm Water. Currently there is 36 4.05 feet. The addition of this property will bring it up to 6.04. I understand that the developer is 37 proposing to do some ponding in the parking lot. Is that correct? 38 39 Tovar: That's correct. 40 41 Ericson: I don't know....I'm sure that the developer probably would want to come up and talk. I have to 42 be honest with you, I know I have been to a number of your meetings and you're saying that you're 43 going to have market rate apartments for $1300 - $1400 per month and I just cannot see that someone 44 paying that much is going to want to walk into a foot of water in the parking lot when they are paying 45 that much. I also....I'm really not concerned about water as much as I am the freezing of the water in 46 the winter time. I don't think that the proposed drainage issue as it is currently being proposed is 47 acceptable at all. First of all, I have personally been in two accidents on that corner with what the runoff 48 is right now. I think that adding the additional runoff to the area without a concrete, in-place solution for I :\COUNCI L\MINUTES\2000\STONGA TE.DOC 4 Verbatim Transcript April 17, 2000 City Council Meeting Item 98 1 that drainage, as a condition of this being.....going forward is absolutely necessary. There is a bus stop 2 there, and I know bus stops can change, however, I don't think that is going to move too far because 3 there is a need in that area for the bus stop. It is a hazard right now and that has to be taken care of. 4 That's a big concern of mine. And we go down a little bit further and it says....I'm on page 7....and 5 you're saying that it's going to be in the 2001 -2005 CIP for the water runoff, and that's on the top of 6 page 7. We haven't approved anything for that yet. I don't know if we funding for that. We are talking 7 about where we are going to get funding for a lot of things. I think it is convenient to say that we are 8 going to put it in there just because the ring road is going in there, but we haven't even approved the 9 ....how we are going to go about the ring road. And my concern is that even if the developer does put 10 whatever portion he says that he's going to put in there, that we could be talking potentially another 11 year and a half before that gets hooked up. And so in the meantime, we're adding additional water to 12 that corner which is a problem and I'm sure everyone is aware of it. And so basically, we have an ice 13 skating rink on that corner without it being taken care of right away. I do see that it says that there 14 should be an option, an option would be to require the development agreement to construct some sort 15 of agreement with the post office. I would suggest that unless something like that or storm water going 16 north of there, if either the ponding could be addressed with the post office, or going north that that 17 would; either one of those would have to be a conditional prior to anything happening on this property. 18 Ok, page 10 of our packet, item number 5 says "the use will not have undue adverse impacts on the 19 use and enjoyment of properties in close proximity to the conditional use" and below that it says "this 20 use is adjacent to three public streets and a townhome development to the east". It further goes on to 21 say that "this use will not have impact on enjoyment of the properties in close proximity". I think it is 22 important to note that there is one element of property that happens to be missing out of that and that 23 is an R-1 district to the south. And I would suggest that this proposed property would have an adverse 24 impact on those properties which, in fact, are in close proximity. I am concerned about the additional 25 shrubs and trees. To me it seems that we put our plans together and require tree replacement and 26 things of that nature because we want a certain set volume or number of trees to be put in there. You 27 stated that they cannot figure out a way to get all of those trees in there and that suggests to me that 28 they are trying to put too much into a particular area because if they could put that in there and our tree 29 preservation program is supposed to work the way it is, I would think that they should be able to put all 30 of the trees back on there. 31 32 Tovar: Councilman Ericson, can I clarify something. What the replacement we are talking about 33 planting all those replacement trees along 170th Street. There is not enough room to plant it between 34 the building and 170th Street. 35 36 Ericson: But they can put them all on the property? 37 38 Tovar: Yes, and that was the revised plan that I had put up on the overhead which had indicated that. 39 40 Ericson: Ok, I just have a few more things here. On page 27 of our Comprehensive Plan, way back 41 there, item number (w) as conditions, I think it's under section 2. Actually what I'm looking at is right 42 above objective 3, it says "development shall be constructed in a manner sensitive to the impact of the 43 natural features, environmental constraints, including but not limited to surface water..." an issue that I 44 have been talking about for quite some time, and it hasn't been until recently that anyone has really 45 addressed the concerns that I have about the surface water with the runoff. 46 47 Pace: Jim, excuse me. Can you cite the page that your referring to? 48 I :\COUNCIL \MI NUTES\2000\STONGA TE. DOC 5 Verbatim Transcript April 17, 2000 City Council Meeting Item 98 1 Ericson: Page 27, item (w). So, what this suggests to me is, in fact, that that surface water, that runoff, 2 has to be taken care of. It says it in our policies. We have put these in place for those specific reasons. 3 I have personal knowledge of the area. I drive down the road all the time, but that has nothing to do 4 with it. What I'm talking about is this tells me that has to be taken care of. And I'm just about done. I 5 would just ask the rest of the Council to really take a good close look at this. I do have some legitimate 6 safety concerns. A couple other things. We go into the ....where we are talking about crime in the area, 7 and I think we'll start with page 7. Apparently you got some different numbers than I did. I asked the 8 Police Chief for some numbers, and I asked for all non-traffic related police calls to that area, which 9 include Tower Street and then also the Brooksville Apartment, and I believe there are approximately 10 200 apartments in that area. Is that pretty close? 11 12 Tovar: Brooksville Apartments has 36. Tower Hills 68. Tower Hill West 51. 13 14 Ericson: But all combined within that 1 block area there is about what? 15 16 Tovar: 160. 17 18 Ericson: The information that I got from the Police Chief is from January 1, 1999 through December 19 31, 1999. There are a total of 217 non-traffic related calls to those addresses in those areas. And then I 20 know you go and compare it to some other areas. What I would suggest is 217 police calls is an awful 21 lot for that small of an area. You add another 43 which would be another 25% to that, so that I can 22 basically, or we can all expect that with the addition of this type of property in close proximity to the 23 other high-density residential uses in that area, we can expect at least another 50 police calls per year 24 to that one block. That brings it up to 250 in a year, if we are to use the same numbers that were from 25 last year. I don't know about you, but 250 police calls to one block seems to be an exorbitant amount. 26 We compare then on page 7, actually it's page 8, to a number of different areas.... I think it's page 8, 27 no, excuse me, it's still page 7....to like Willow Beach and Oakridge neighborhoods. I don't know what 28 those neighborhoods are. I'm still learning all the neighborhoods, but I would suggest to you is that the 29 Wood ridge Estate area has, I believe about 125 house, or 120, does anyone know? Ok, let's just say 30 it's 125 house in there, and I would bet you, you don't have more than 5 police calls in a year there. So 31 you have the same number of units, and you have maybe 5 police call a year compared to this other 32 area where you have 250. I find it totally unacceptable and it's not right. I am concerned about the 33 entry way in and out of the area. I am concerned about the water. I am concerned about the crime, and 34 also, while I have a chance to call up of the members of the audience as well and ask some specific 35 questions. 36 37 Mader: You certainly will, yes. 38 39 Ericson: Ok, then I just have one last thing. 40 41 Mader: That is if you yield before midnight. 42 43 Ericson: Let's go way in the back of our packets, and it says "Building Smarter with Apartments". Who, 44 in their infinite wisdom, decided to put this in our packets? 45 46 Tovar: I did. 47 I :\COUNCIL \MI NUTES\2000\STONGA TE. DOC 6 Verbatim Transcript April 17, 2000 City Council Meeting Item 98 1 Ericson: Ok. What I'm going to suggest is that this talks how great apartments are and things of that 2 nature, but you go way to the end and you see that it is sponsored by the National Apartment 3 Association. So, I would think that they would have an invested interest in how great apartments are 4 since that is there business, and I just want to suggest that this is actually really not acceptable in 5 terms of being a objective piece of literature. And I'll pass it on to someone else. 6 7 Mader: I would like to just comment on two of the items Jim mentioned. I think he was commenting that 8 safety in that particular area shouldn't be judged by the criteria of how many cars. We need to keep in 9 mind there is a grad school there on that intersection. We also need to keep in mind there is a steep 10 hill going up from that intersection up to the apartments at the top of Tower, and there is no school bus 11 service at the top of that hill so children who are coming for school bus come walking down the street. 12 There actually in the street, and then they get down to the intersection which in the winter time is 13 frozen over, and then they stand in the roadway waiting for the bus. So there are some unique issues 14 there and as a consequence of that, one of the things I had suggested to staff a couple of days ago, is 15 to take a serious look at the question of whether the traffic in and out of that facility could be managed 16 with the entrance on Tower being and entrance, and the one on Toronto being and exit. What that 17 would do, is keep any traffic from having to cross the lane, because traffic coming into the apartment 18 complex would all be in the right lane going up the hill and they would all make a right turn, and they 19 would have just come through an intersection which means that they are slowed down and that it's 20 controlled traffic in other words. And traffic coming out of the apartment complex I would assumed 99% 21 of it or more would turn and head in a westerly direction, or make a right turn, which means they would 22 be making a right turn into a right lane. So, I would, if somebody else doesn't add that as a conditional 23 use permit, I'm going to add that. There may be some...1 would suggest also that engineering staff has 24 to look at that and see if that makes sense, but that would be one of my perceptions. The other has to 25 do with the ice situation. I know that has been a troublesome intersection with surface water, and 26 putting more traffic into that intersection where we have again the situation I mentioned earlier, children 27 collecting there for school bus, traffic coming down Tower Street which is already coming down a steep 28 hill, it is an intersection right now kind of designed to have accidents. I would certainly echo Jim's 29 comments that we need to address that issue so that that water is not surface water, that it's 30 underground some way so we don't have to deal with it on our streets. Those are the only comments I 31 have relative to this issue right now. Other questions of Jenni? Pete? 32 33 Schenck: Jenni, how close are we to the existing hook-up to the sewer system? 34 35 Tovar: I would refer that to the City Engineer. Storm sewer? 36 37 Schenck: Storm sewer system. Yes. 38 39 Osmundson: It is about, I'm really guessing here, 500 or 600 feet to the west on Tower Street. 40 41 Schenck: It is the City's obligations to resolve that drainage issue then, isn't it? 42 43 Osmundson: Well, at that intersection. If you remember, when I talked about the ring road here a 44 month ago, or whatever it was, I had said at the time that we were going to do some improvements to 45 that intersection. Right now, there is no catch basins from any direction. All the water flows through that 46 intersection and actually flows west on Tower down to that low point where the wetland is, and then it 47 goes into catch basins at that point. And part of the whole ring road discussion, I said we needed to 48 have some extra money in there to put storm sewer improvements at that intersection. I :\COUNCIL \MI NUTES\2000\STONGA TE. DOC 7 Verbatim Transcript April 17, 2000 City Council Meeting Item 98 1 2 Schenck: So we can't anticipate having an improvement to that intersection until the ring road is 3 approved and funds allocated? 4 5 Osmundson: Or with the post office project, or we could do it separately, whichever the Council would 6 desire. 7 8 Schenck: So, correct me, the only reason that we're holding off on this is a combination of post office 9 and ring road? 10 11 Osmundson: Yes, as far as I...... 12 13 Schenck: Because we have an issue we need to resolve. If, because the drainage issue is a serious 14 issue, once we resolve our obligation to that intersection, should there be a condition in the CUP 15 perhaps that requires a hook-up within a certain period of time? 16 17 Tovar: The way the plan is drawn, the applicant is proposing to put a pipe out to the right-of-way, so 18 when the City does come in and do a public improvement project, the infrastructure will already be in 19 place. 20 21 Schenck: So in other words, they are going to be ahead of where we should be. 22 23 Tovar: Yes, that was one of the changes in the engineering memo that that be added. 24 25 Schenck: OK. And then explain to me the correlation between this project and the post office ponding. 26 Are we now proposing to divert the water over to the post office property for ponding, and would that 27 be a surface diversion, or storm sewer diversion? 28 29 Tovar: Staff and Planning Commission's recommendation is that you approve the conditional use 30 permit with the storm water runoff as proposed with 0.12 additional increase in runoff. That's the 31 Planning Commission's recommendation and that was staff's recommendation. 32 33 Schenck: No, I understand that, but what's the correlation with this proposal, this CUP that we are 34 considering, and the post office. 35 36 Tovar: I'll defer that to Bud. There has been some discussion last week. 37 38 Osmundson: Yes, we have had some discussions with the post office engineer and architect and they 39 would actually be proposing to put some ponding on that...it would be kitty-corner from this site...and 40 that would take the drainage from this intersection right into that pond and it eventually would go 41 through the wetlands that's about in the middle of the post office site, and then that would traverse 42 back across Tower to the wetland on the south side where the water does go now. The whole point 43 being that nerp basins, water quality improvements, slow the water down, that type of improvement is 44 what we are talking about. 45 46 Schenck: OK. 47 48 Mader: That would mean that we would be looking at putting the water underground? I :\COUNCIL \MINUTES\2000\STONGA TE.DOC 8 Verbatim Transcript April 17, 2000 City Council Meeting Item 98 1 2 Osmundson: Correct. 3 4 Mader: Before the ring road, before there is storm sewer and that sort of thing? 5 6 Osmundson: We would put storm sewer improvements in that intersection to catch the water to bring 7 into the pipe, to bring it into this pond that I was just talking about. 8 9 Tovar: Mr. Mader, just for point of clarification. That's a comment or discussion that the developer of 10 this project has not been made aware of or privy to. I don't think that they are aware that this is an 11 alternative that the Council may be suggesting. 12 13 Mader: I understand that. Pete, any other questions? 14 15 Schenck: (Indicated no) 16 17 Mader: Any other questions of Jenni? 18 19 Boyles: Can I ask one? 20 21 Mader: Sure. 22 23 Boyles: This may be something we missed. I remember when we first started talking about this 24 project, we talked about a sidewalk going up Tower and I don't know if that was discussed and then 25 dropped, or.....1 don't see it here and I'm not sure if it was something that was an oversight that we may 26 have missed. I recall that the school superintendent called me and said "we're not sending the busses 27 up to the top of that hill, and it sure would be helpful to be able to have a sidewalk." 28 29 Tovar: There is no sidewalk shown on the plans. I don't know. That never came up in a DRC, I believe, 30 and that hasn't come up, did not come up at the Planning Commission. Certainly it is something we 31 can add. 32 33 Ericson: I think that situation came up about a year or two ago in some other discussions. I don't recall 34 it being a part of this. I think it would be a good idea since the remainder of that road already does 35 have a sidewalk to the west of that. 36 37 Mader: I think that is another item that needs to be looked at and included in the overall planning here 38 because I certainly don't think it's a good idea to have those kids walking down a roadway, particularly 39 where we are going to be putting more traffic on it. It is a bad situation right now and the situation gets 40 worse, so I think that is something that should also be considered as we finalize this plan. One of the 41 questions going through my mind here is, you know there have been a number of suggestions here 42 tonight, and I would think it would be kind of hard to finalize a resolution here at the desk tonight saying 43 "OK, here is the approval subject to these conditional use permits". I wonder if we wouldn't be better off 44 to specifically give the staff some direction on the issues we would like addressed, with the idea that 45 would come back then in a resolution for the Council to look at with specific language that would 46 address those issues. Would that make sense to the Council, rather than trying to finalize a resolution 47 tonight? I'm going to suggest then that ...Jim certainly has raised some issues. I think you have heard 48 some other comments. Particularly, from my standpoint, there would be three items I would ask for the I :\COUNCIL\MI NUTES\2000\STONGA TE.DOC 9 Verbatim Transcript April 17, 2000 City Council Meeting Item 98 1 staff to address. One has to do with the sidewalk, taking them in reverse order, making sure that we do 2 address that issue because if it's going to be addressed, now is the time to do it. Secondly, making 3 sure we have a plan that keeps that surface water off the road. And thirdly, that we address that in and 4 out traffic from the apartment complex to try to prevent any crossing of lanes and specifically, I'd 5 recommend the staff look at that issue of having the exit be onto Toronto, and the entrance being from 6 Tower. Those are the three that I would ask the staff to look at to see if those can be formulated into 7 conditional use permits. And I do recognize also there will have to be some discussion with the 8 developer also as to how this might be accomplished. 9 10 Tovar: I would just like a point of clarification regarding the runoff. Do you want it to stay as it is, or do 11 you want it to be zero. Because right now, it is 4.15.......... 12 13 Mader: I want it to go under the road instead of over the road. What we have right now just goes over 14 the road and the proposal is to keep doing the same way and we already recognize that that's a hazard 15 there. 16 17 Tovar: Ok, just so I understand when we work with the developer. So right now the runoff is 4.17 csf. 18 You want it to be zero because you want the runoff to go under the road and divert it to another piece 19 of property. 20 21 Mader: Yeah. 22 23 Tovar: Ok. 24 25 Mader: I would certainly think, I'm not sure I understand what parking lot pooling of water is, but I 26 would certainly think that the developer would rather not have the water standing in the parking lot 27 either, and if we do it and take it underground that there is a pond on the post office side that will 28 handle that, it seems to me that that's a better solution. 29 30 Tovar: I think we should maybe discuss this with the City Attorney and the legality because the current 31 runoff as no development occurs is 4.17, and your asking the developer to now make that zero and 32 whether that is reasonable.... 33 34 Mader: I'm not asking necessarily. I'm saying that the City may have some responsibility to the post 35 office, I'm just asking the City staff to go and solve the problem and then come back with the conditions 36 that should be in this application. If the City staff makes the decision and the Council agrees that, you 37 know, the City is going to pick up part of that responsibility, I have no problem with that. 38 39 Tovar: Ok, so there would be alternatives with a recommendation on how to incorporate those into 40 this. That's what you are looking for? 41 42 Mader: Yeah. 43 44 Pace: And I can work with them because we cannot divert water onto somebody else's property. 45 46 Mader: Right. It is going to take, I think, some interesting cooperation between the developer, the post 47 office, staff and so forth, to try to get to a solution, but my attitude is let's fix this corner rather than just 48 build more there and leave it as it is. We've had a significant amount of highway or blacktop breakup in I :\COUNCIL \MI NUTES\2000\STONGA TE.DOC 10 Verbatim Transcript Apri/17, 2000 City Council Meeting Item 98 1 that area if I recall, and I wouldn't be surprised if that isn't also related to the amount of surface water 2 going over that area. I don't know if that's the case, but I know that I personally have been over there 3 when it's gotten pretty bad and I've talked to the City staff about going out and repairing and I suspect 4 that's also a water caused phenomenon. 5 6 Gundlach: Mayor, I'd like to add to that one more piece, and that's just if they can't get an agreement 7 on the ponding like with the post office and stuff, to come back and at least give us a direction for what 8 it would take to get a storm sewer down there. You know, that one way or another we have to solve 9 this issue with storm water management. 10 11 Mader: Yeah, I agree. Jim? 12 13 Ericson: I'd still like to ask about two or three questions to a member of the audience as well. 14 15 Mader: We'll get to you in a minute. Anything else Mike? Jim Petersen? Pete, anything for you? Ok 16 Jim. 17 18 Ericson: Can I call Andy Whiting up to the podium. [pause] Andy, we have ... 19 20 Mader: Excuse me, let's give us your name and address. 21 Whiting: Andy Whiting. I live at 17057 Toronto Avenue, Wood ridge Estates 1 st Addition. 22 23 Ericson: And what I wanted to say was, Andy, we have new rules under our new bylaws so I'm 24 supposed to ask questions. It is not up here for you to just start saying how it should be, which has 25 been in front of the Planning Commission. I was there. Just a few brief questions just to make it 26 perfectly clear to everyone in the room who may have concern. Andy, did I know you at any time prior 27 to this project? 28 29 Whiting: No. 30 31 Ericson: And at some point in time did you come to my house with a petition. 32 33 Whiting: Yes. 34 35 Ericson: And did I or did I not sign that petition? 36 37 Whiting: You would not sign it. 38 39 Ericson: Right. And did I state publicly at any time whether I would support or not support this? 40 41 Whiting: You did not. 42 43 Ericson: Ok. I just wanted to make that perfectly clear, and that's all the questions I have. 44 45 Whiting: Can I add one thing? 46 47 Ericson: Sure. 48 I :\COUNCI L \MINUTES\2000\STONGA TE. DOC 11 Verbatim Transcript April 17, 2000 City Council Meeting Item 98 1 Whiting: I have ....you've pretty much reiterated all of my concerns that were brought up this evening. 2 However, I do have a ...one of the concerns is on the east side of the proposed property is going to be 3 a very steep retaining wall. It's going to be about a 14 or 15 foot cut. With the amount of kids back 4 there in that area, I think that is a major safety hazard for the City if they do approve a conditional use 5 permit if someone trips and falls down that retaining wall also. 6 7 Mader: Ok, thank you. I'm going to move on this item that it be deferred subject to more input from the 8 staff on the concerns that have been raised by Council this evening. 9 10 Schenck: I'll second that. 11 12 Mader: Ok, the motion has been made and seconded. Any additional discussion? [pause] Those in 13 favor signify by saying aye. Aye 14 15 Gundlach: Aye. 16 17 Petersen: Aye 18 19 Schenck Aye 20 21 Mader: Those opposed? 22 23 Ericson: Nay. 24 25 Mader: Motion carried. I :\COUNCI L \MINUTES\2000\STONGA TE.DOC 12 REGULAR COUNCIL MEETING MINUTES May 1, 2000 CALL TO ORDER AND PLEDGE OF ALLEGIANCE: Mayor Mader called the meeting to order. Present were Mayor Mader, Councilmembers Gundlach, Petersen, Schenck and Ericson, City Manager Boyles, City Attorney Pace, Finance Director Teschner, Planning Director Rye, City Engineer Osmundson, Park & Recreation Director Hokeness, Police Chief O'Rourke, Assistant City Manager Walsh, and Recording Secretary Meyer. APPROVAL OF AGENDA: GUNDLACH: Proposed to add a discussion item regarding a proposed overlay or special use district for assisted living facilities. SCHENCK: Proposed to add a discussion regarding utilization of overflow parking fees for emergency equipment acquisition for the Sheriff's Department Water Patrol and the Prior Lake Fire Department. BOYLES: Proposed to remove Item 9E (Consider Approval of Resolution DO-XX Authorizing Execution of a Three-Year Labor Agreement Between the City of Prior Lake and LELS Representing Police Officers and Detectives) and to add an Executive Session with regard to labor negotiation strategy. MOTION BY PETERSEN, SECOND BY SCHENCK TO APPROVE THE AGENDA AS AMENDED. VOTE: Ayes by Mader, Gundlach, Petersen, Schenck and Ericson, the motion carried. otD CJ8>6S ~:o\ \ APPROVAL OF MINUTES FROM APRIL 17. 2000 REGULAR MEETING. ERICSON: Proposed to replace all of Item 9B (Consider Approval of Resolution DO-XX Approving the Conditional Use Permit for a Multi-Family Dwelling for Affordable Housing Solutions, Inc. on Property Located in the Southeast Intersection of Tower Street and Toronto Avenue) with the verbatim transcript. MADER: Asked for several changes including, on page 2 second paragraph from the end the second line should read ",,,the Transit Taxing District, and asked if the City...."; and on page 6, third paragraph from the end second line should read "...approximately $10.823 million dollars, or a 55% overrun on the park portion of the Referendum projects...". MOTION BY GUNDLACH, SECOND BY ERICSON TO APPROVE APRIL 17, 2000 REGULAR MEETING MINUTES AS AMENDED. VOTE: Ayes by Mader, Gundlach, Petersen, Schenck and Ericson, the motion carried. 16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER City Council Meeting Minutes June 5, 2000 it is made up of a $75,000 accellerated debt amortization approved by the Council in order to save interest dollars and a $100,000 allocation to the Equipment Fund that also deferred the tax levy necessary to sustain that fund. It also set aside $150,000 to the Collector Street Fund for future intersection upgrades. Believes the steps taken are very favorable. McDoNALD: Noted that the GASB does recognize that City's often take specific steps to save money that may lead to a "unfavorable" designation and that the language will also come under review. MADER: Stated that in private business, those measures would not show up as an expense in an operating budget, whereas the amortization of an asset would. If this were treated the same, it wouldn't be a problem because you can change the nature of an asset. Noted that the City diverted some of its cash surplus to payoff high interest rate bonds. While the act was favorable, the negative is that the surplus looks like either not a surplus, or an unfavorable variance. Also asked how rigid the 30% standard is when other funds have considerable cash in hand that are reversible in an emergency. McDoNALD: Advised that when the funds are available in the permanent type capital project funds that the City has, there are funds available for working capital. Maintaining a fund balance can affect the bond rating. A healthy General Fund balance is most important because that is where the day-to-day operations come from. Maintaining the General Fund around the 30% level is important. MOTION BY MADER, SECOND BY PETERSEN TO ACCEPT THE 1999 ANNUAL FINANCIAL REPORT AND MANAGEMENT LETTER. VOTE: Ayes by Mader, Gundlach, Petersen and Ericson, the motion carried. -:; Consider Approval of Storm Water Alternatives for Proposed Conditional Use Permit for a Multi- Family Dwelling for Affordable Housing Solutions, Inc. on Property Located in the Southeast Intersection of Tower and Toronto. BOYLES: Noted the history of this item, the issues before the Council, and the alternatives for the management of storm water runoff. MADEB: Added that he met with representatives of the Developer and that they agreed that the most favorable approach for storm water management is Alternative A, but would also be willing to implement Alternative B should Alternative A not be feasible due to the easement acquisitions necessary. Commented that the approach seemed reasonable as long as staff was confident that Alternative B posed no additional problems. Also noted that the Developer has revised the traffic flow into the development to flow only in from Tower, and out at Toronto, which addresses his other concern. GUNDLACH: Asked if the Council approved Alternative B for the storm water management, would there be duplicative costs with the development of the ring road, or would construction of these improvements offset the costs of the ring road project. Also asked the status of the easement acquisitions. OSMUNDSON: Advised that this action would be a permanent solution and would actually supplement the ring road project. This is an investment in the infrastructure that the City would make regardless of the development. 3 City Council Meeting Minutes June 5, 2000 PACE: Noted that there are several concerns with any easement document at this point due to the pending transition of ownership of the property. Also noted that there is some concern with alternative A and its potential impact on the undeveloped site neighboring the Post Office site. HUEMOELLER (representing the Developer): Noted that the developer has had discussions with the managing owner of the Post Office parcel, which is a separate company from that which owns the Priordale Mall site. Boderman has indicated his cooperation as long as the Post Office representatives concur. It is difficult to develop a document because the Developer does not know what the City's approach is. His recommendation would be that once the Council determines the approach, staff and the attorneys will work out the Development Agreement, including specifics on money, work and documents. MADER: Commented that there are some title issues that needed to be resolved with Alternative A. Recommended that staff not be directed specifically to Alternative A, but rather to work with the Developer for either option as they determined which is more feasible with respect to title, planning, timing and costs. PACE: Clarified that the form distributed identifying options available to the Council should be renumber to 1 (a) and (b), then 2, 3, 4 and so on. ERICSON: Concerned that Alternative B may incur a significant cost to the City. PACE: Advised that based upon her information, it appears that the Developer has agreed that if they have to go with Alternative B because they can't make Alternative A work, they will cap the City's exposure at $35,200, which would be the City's costs under Alternative A. MADER: Clarified that that is his understanding which would be incorporated into the Development Agreement. ERICSON: Stated that for either Alternative A or B there are too many number of variables. Concerned that moving forward at this point is premature. Would like to see staff bring the details of any agreements with hard facts before proceeding. MADER: Advised that staff is looking for direction to begin putting that agreement together. MOTION BY ERICSON, SECOND BY GUNDLACH TO TABLE ANY ACTION UNTIL FURTHER DETAILED INFORMATION IS PROVIDED. GUNDLACH: Agreed with Councilrnember Ericson that there are too many variables. Concerned about the City's exposure. PETERSEN: Understood that the intent of the item was to direct staff, not approve or disapprove any specific action. Did not support tabling the item. MADER: Did not support the motion because the intent was to provide staff with some parameters by which to pursue a final document. Commented that there has be to a cooperative effort between the staff, Developer, and Council. It would not be appropriate to ask the staff to do the design work for Alternative B and then bring it back to the Council and have them say it's not acceptable. 4 \ - City Council Meeting Minutes June 5, 2000 PACE: Clarified that the development of alternative A will require much more information and subsequent documentation above the necessary easement agreements in order to assure the responsibilities, agreement and exposure of each of the parties. ERICSON: Asked the Mayor to call the question. VOTE: Ayes by Ericson and Gundlach, Nay by Mader and Petersen, the motion failed. MOTION BY GUNDLACH, SECOND BY PETERSEN TO DIRECT STAFF TO PURSUE ALTERNATIVE B. GUNDLACH: Due to the complexity of developing Alternative A, supported the motion for Alternative B because staff could focus on a single project and all parties would know the City's intent. OSMUNDSON: Clarified that Alternative A is much more cost-effective for the City and that the best engineering solution to this situation is Alternative A. Noted that if this development was not approved, staff would not recommend going through with any of the improvements until the post office property were developed. From an engineering perspective, the question is whether this development will go forward with either alternative A or B. GUNDLACH: Advised that he understood that once the ring road went in, the City would need to put in the storm sewer. OSMUNDSON: Advised that at that time, the City would need to install storm sewer based upon either alternative A or B, but if the City cannot acquire the easements for free from the post office sight, the recommendation would be alternative B. If the easements can be acquired from the post office, the better option then becomes alternative A because its an easier and cheaper solution. PETERSEN: Withdrew the second. MOTION BY MADER, SECOND BY PETERSEN TO DIRECT STAFF TO PREPARE A RESOLUTION FOR THE NEXT MEETING APPROVING THE CUP WITH CONDITIONS, INCLUDING LIMITING THE CITY'S LIABILITY TO $35,200 WITH EITHER ALTERNATIVE A OR B AND SUBJECT TO BOTH PARTIES ENTERING INTO A DEVELOPER'S AGREEMENT THAT WILL COME TO THE COUNCIL FOR FINAL APPROVAL. PACE: Clarified that the Developer will install the utilities and the City will agree via contract to reimburse it. HUEMOELLER: As a point of clarification, noted that, while the concept was agreed to by the Developer's representative, final approval from the management group had not been formally accepted. Advised that the Developer will do alternative A or B based upon the City's determination and at the pro-rata costs as if it were assessed on the 8.5 acres of drainage area, which would mean they would pay 20% of the project. ERICSON: Called a Point of Order and noted that per the City Council Bylaws persons could only approach the podium, outside of the public hearing process, to answer specifically directed questions from Councifmembers. 5 City Council Meeting Minutes June 5,2000 MADER: Asked Mr. Huemoeller to relinquish the podium, but repeated that the current motion was subject to all parties entering into a Development Agreement within the parameters set out in the current discussions, and if the Developer fails to enter into that agreement, there is no damage done. PACE: As a point of clarification, asked if the City's liability is still capped at $35,200 with either alternative. MADER: Confirmed that the motion is to cap the City's liability at $35,200 regardless of what the Developer's final determination might be. VOTE: Ayes by Mader and Petersen, Nay by Gundlach and Ericson, the motion failed. The Council took a brief recess. ~: Noted that the due to the Council's concern with commencing with a project without the Council maintaining a level of supervision in order to protect the City's liability, suggested bringing back a resolution that stages how the development conditions and agreements would come into place, including items such as easement acquisitions, contractual arrangements, and all improvements. GUNDLACH: Noted that a staging process would be acceptable as long as the Council has the . opportunity for review at each step before the City is too committed and possibly exposed to additional costs and liabilities. MOTION BY GUNDLACH, SECOND BY PETERSEN, TO DIRECT STAFF TO PREPARE A RESOLUTION FOR APPROVAL OF THE CONDITIONAL USE PERMIT AND WHICH IMPLEMENTS A DETAILED STAGING PROCESS IN CONNECTION WITH THE ISSUES DISCUSSED IN TONIGHT'S DELIBERATION AS WELL AS THOSE ADDRESSED BY STAFF BY THE JULY 17, 2000 REGULAR MEETING. PACE: Commented that the July 17th date may allow staff to get a determination on some of the issues including the easements and title opinions. ERICSON: Added that parking on Toronto Avenue needs to be addressed. BOYLES: Noted that a detailed traffic control plan is a part of the report and will be incorporated. VOTE: Ayes by Mader, Gundlach and Petersen, Nay by Ericson, the motion carried. Consider Approval of Ordinance 00-07 Approving an Amendment to the Zoning Ordinance Relating to the Requirements for Fences Located Within the Front Yard (Case File #00-030). BOYLES: Briefly provided the background for the item, the issues before the Council, and the staff recommendation. MOTION BY PETERSEN, SECOND BY GUNDLACH TO APPROVE ORDINANCE 00-07 APPROVING AN AMENDMENT TO THE ZONING ORDINANCE RELATING TO THE REQUIREMENTS FOR FENCES LOCATED WITHIN THE FRONT YARD (CASE FILE #00-030). Ayes by Mader, Gundlach, Petersen and Ericson, the motion carried. 6 City Council Meeting Minutes June 5, 2000 MADER: Commented that the ordinance amendment is a direct result of some constructive criticism by one of our residents. Encouraged all residents who may see a particular ordinance as needlessly restrictive to seek out City staff with their comments. Consider Approval of Solicitation of Proposals to Conduct a Park Dedication and Support Fee Study. BOYLES: Advised the Council that the purpose for the study is to evaluate the fees the City collects to assure that the City is able to continue providing neighborhood parks and trails, as well as the estimated costs of the study to come from the Capital Park Fund. MADER: Suggested that if the cost of the study comes in at the high end, there may not be Council support for the study. Asked if the funding of parks is done with fees applied to development projects and with Referendum dollars, do the Referendum dollars get applied in determining what is an adequate park dedication fee. BOYLES: Clarified that the purpose of the study would be to look out prospectively and find out the number of acres left for development and how construction of those parks would be amortized and at . what cost. MOTION BY ERICSON, SECOND BY GUNDLACH TO AUTHORIZE STAFF TO SOLICIT PROPOSALS TO CONDUCT A PARK DEDICATION AND SUPPORT FEE STUDY. VOTE: Ayes by Mader, Gundlach, Petersen and Ericson, the motion carried. Consider Approval of Change Order #2 for Ingram Excavating, Inc. for a Deduct of $31,563.00 and Approving Payment #8 in the Amount of $67,796.95 for Work Completed at Lakefront Park. BOYLES: Reviewed the additions and deducts to the excavating project at Lakefront Park, noting that staff conducted much of the work in-house, netting a total deduct of $31 ,563.00. ERICSON: Asked if the project will then be complete. BOYLES: Clarified that the project under this contract will be expected to be complete by the fall. MOTION BY ERICSON, SECOND BY GUNDLACH TO APPROVE CHANGE ORDER #2 FOR INGRAM EXCAVATING, INC. FOR A DEDUCT OF $31,563.00 AND APPROVING PAYMENT #8 IN THE AMOUNT OF $67,796.95 FOR WORK COMPLETED AT LAKEFRONT PARK. GUNDLACH: Noted that anytime staff can realize a cost savings by doing extra in-house work is greatly appreciated. VOTE: Ayes by Mader, Gundlach, Petersen and Ericson, the motion carried. NEW BUSINESS: Consider Approval of Ordinance 00-08 Approving an Amendment to the Zoning Ordinance Relating to the Definition of a Building Face, and the Required Side Yard Setback for Structures with Walls Exceeding 40 feet in Length in the RS, R-1, R-2 and R-3 Districts (Case File #00-35). 7 City Council Meeting Minutes July 17, 2000 MOTION BY PETERSEN, SECOND BY ERICSON TO APPROVE RESOLUTION 00-56 APPROVING THE FINAL PLANNED UNIT DEVELOPMENT PLAN AND PUD DEVELOPMENT CONTRACT FOR DEERFIELD. GUNDLACH: Asked for clarification as to the access easement to the adjoining property, as well as the water runoff issue. PACE: Explained that the buyer and seller will still be required to enter into an easement agreement. At this time their contractual agreement sufficiently protects the City. The water runoff issue has been resolved and an easement agreement signed addressing the water diversion. Reitereated that she was comfortable that the City would be adequately protected. Ayes by Mader, Gundlach, Petersen and Ericson, the motion carried. MOTION BY PETERSEN, SECOND BY ERICSON TO APPROVE RESOLUTION 00-57 APPROVING THE FINAL PLAT AND DEVELOPMENT CONTRACT FOR DEERFIELD, DEERFIELD 2ND ADDITION AND DEERFIELD 3RD ADDITION. PACE: Pointed out that there had been several changes made to the standard development contract. PETERSEN: Noted that condition #6 seemed to contain an incorrect date. KANSIER: Clarified that the date should be sixty days from the date of approval or September 17,2000. The motion and second accepted the friendly amendment. VOTE: Ayes by Mader, Gundlach, Petersen and Ericson, the motion carried. MADER: Thanked both the Developer and the staff for their efforts in working through many difficult issues and putting together an agreement acceptable to all parties. O{)- 0/0 --7 Consider Approval of Resolution 00-58 Approving the Condit;qp.'Us'Perrmit for a MultJ-Family Dwelling for AIfom.b,. Housing Solutions, Inc. on Property Located at the Southeast Intersection of Tower Street and Toronto Avenue. BOYLES: Reviewed the conditions for approval and the issues the Council had previously asked to be addressed. MOTION BY PETERSEN, SECOND BY GUNDLACH TO APPROVE RESOLUTION 00-58 APPROVING THE CONDITIONAL USE PERMIT FOR A MULTI-FAMILY DWELLING FOR AFFORDABLE HOUSING SOLUTIONS, INC. ON PROPERTY LOCATED AT THE SOUTHEAST INTERSECTION OF TOWER STREET AND TORONTO AVENUE. PETERSEN: Asked how much the City sold the property for, and commented that the costs to the City to develop the property is nearly as much as the City sold it for. ERICSON: $90,000. MADER: Explained that the resolution limits the City's liability, but that Councilmember Petersen's observation was correct. 3 \ \ City Council Meeting Minutes July 17, 2000 ERICSON: Commented that the area is already overburdened, and where the majority of the public would favor the project, he does not believe the neighbors to the project will be happy with the additional volume. GUNDLACH: Believes the project has come along way and is an acceptable multi-housing development. MADER: Asked if the developer is acceptable to the terms of the resolution. HUEMOELLER (counsel for the developer): Advised that the Developer substantially agrees with the priority of the concept for diversion of water through the Post Office property first, and secondly by following the street right-of-way. Also advised that the developer agrees that the costs should be substantially allocated on the basis of contribution which would apply in the case of a special assessment. Further discussed the Developer's costs, the City's cap of $35,000, and the Post Office wanting compensation for the easement. The Developer wants to move forward and will use its best efforts to work with the Postal Service to keep the costs of the land and design down. If the Developer's share is $60,000 it may not be affordable. MADER: Advised that the resolution before the Council to grant the Conditional Use Permit does limit the City's cost to $35,200, and if that condition is found unacceptable, the CUP will not get issued. HUEMOELLER: Confirmed. PETERSEN: Commented that the Post Office will probably not charge for every foot of the pond since their runoff will be diverted there as well. HUEMOELLER: Agreed, but advised that at this point it is an unknown factor. ERICSON: Advised that the information provided by Mr. Huemoeller is different than the understandings previously reached, and the costs to the City become excessive. PETERSEN: Clarified that the resolution specifically states that the City's liability is limited to $35,200. PACE: Advised that prior to this point, the staff had worked on the presumption that the Post Office would allow its site to be used. There was no discussion at that time that Post Office would seek compensation for the easement. VOTE: Ayes by Mader, Gundlach and Petersen, Nay by Ericson, the motion carried. Consider Approval of Resolution 00-59 Approving Plans & Specifications and Authorizing Advertisement for Bids for Linden Circle (City Project #14-00). BOYLES: Reviewed the project initiated by the area residents in connection with the staff report, and described the remaining process in order to complete the project. MOTION BY GUNDLACH, SECOND BY PETERSEN TO APPROVE RESOLUTION 00-59 APPROVING PLANS & SPECIFICATIONS AND AUTHORIZING ADVERTISEMENT FOR BIDS FOR LINDEN CIRCLE (City Project #14-00). 4 AUG. 7. 2001 8: 55AM NO. 2069 P. 1 FAX TRANSMISSION HUEMOELLE:R & BATES 16670 Franklin Trail Prior Lake. MN 55372 (612) 447.2131 Fax: (612) 447-5628 To: Jane Kansier - City of Prior Lake Date: August 7. 2001 Fax #: 447-4245 Pages: lafk From: Bryce Huemoeller Subject: Affordable Housing Solutions LLC CONFIDENTL4L11Y NOTICE.' The document(s) QCcomptmyi1l1 Ihis fa;z colltain confidential i1!foTmDtioll which is legally privileged. The irlformatic11l is illtendtId only for the use 01 the intended recipient. If you Gre not Ihe inluuled recipiOlr, you are hereby notified that fJnJ disclosure, copying. dislribwion or the taking of any flCtion in. reliAnce Dn tM COllttmlS of the rtlecopied illlof'/1ll2tiorJ ucepl ils direer delivery to ,he inttn4td recipiellt flQMed above is strictly prohlbitttd. If you h4ve received this frJ;l in error. please norify us immedi/2tely by telephone to arr(lflgl for "rum of the origi7lD1 doc:wrrenls to lIS. COMMENTS: A recorded copy of Resolution 00-58 is attaohed for your information. OS/2I..J, U_N.:.2_8).~O ~1. ~:. 2 ~ fM 9S24968180 scon co. ADMIN. NO. 1668 P. 2 !(QOD" SCOD: Caunty Customer Service 200 4th Avenue West ShalCopee, MN 55379 .1 OSEi2!:i 27~UN~2001 Name: HUEMOELLER & BATES ~ A Filing IQ AbllltJ'3ct / 19.50ea TOTAL FOR FeE '9.50 RECEIPT TOTAL 19.50 Check 19.50 PAY'MENTTOTAL CHANGE '9.50 0.00 AUG. 7. 2001 8: 55AM NO. 2069-P. 2 ...~ . ',.p' . -;' ./' .- ..... "-~Doc. No. A 509985 OFFICE OF THE COUNlY RECORDER SCOTT COUNTY, MINNESOTA Certified Filed and/or Recarded an 06-27-2001 at 11:00 Receipt: 05825 Pat ~ll8n. County RaCDfder 01 by !J7"J._. Deputy Fee: $19.50 .......:..'.--.. State of Minnesota ) )ss. ) y.w~~ County of Scott I, Kelly Meyer. being duly sworn, as Deputy City Clerk for the City of Prior Lake. do hereby certify that the attached RESOLUTION 00-58 is a true and correct copy of the original as passed and adopted by the City Council of the City of Prior Lake at its July 17, 2000 meeting. Date: ;t~~1l . I . ,. I !' t < '=~::,' . . \ ,., ,....1..'.,,// '.!(;' ~,~. ....~I~,\. ~l" , ..... \1 .,'".' ." ..." r.:,,~~I"~~"'11 .",~.,~~f" .. Mo, .,' '11.:L..~ .J" .>.. . V ,1', ~'"JlI/''' ~,\,' ,', " . Of)' , ~ I. .- .~'t 'I~'" ...,'1' -.. ~ ,,,: . '~"'j(:'~ '~-:~D, :,~: ~:""'"' ,~m':1~':''''~o~'\~.,~, t "~-.i : r- "". 'I"..,j '... 'I'" n' o I '1'~'\'4,,~.1.nl~'{~,' tlfl :"-.-~I ,:., ~~{'~.;\{cc., . ,..: .'" ' ""~l~'~~\'j," ",.... .. t . 'i :'..,1~I"".. .., L,.\, .. ('. .\'{~. ., : -. """" ...,... r. ". 1~~,"'~'.J......._~' , '*. "." '~i~1 ; '\J'~" ',tI ( ,. .... t'~~)("\:,I (f (! ,,~:.. " ,. .". ~ . ~ t.c:.~~...... '. ..: .....,". ~ Kelly Meyer Deputy City Clerk h:\certify .doc AUG. 7. 2001 8: 56AM '. -. . : :" NO. 2069 P. 3 CONDITIONAL USE PERMIT RESOLUTION 00-58 APPROVING A CONDITIONAL USE PERMIT TO ALLOW A MULTI-FAMILY DWELLING ON PROPERTY LOCATED AT THE SOUTHEAST CORNER OF THE INTERSECTION OF TOWER STREET AND TORONTO AVENUE FOR AFFORDABLE HOUSING SOLUTIONS, INC, WHEREAS, WHEREAS, WHEREAS, WHEREAS, MOTION BY: ..fj;TERSEN SECOND BY: GUNDLACH -. --..-.-.-.. " . the Prior Lake Planning Commission conducted public hearings on February 28, 2000, March 13, 2000, and March 27, 2000, to consider an application from Affordable Housing Solutions Inc. for a Conditional Use Permit (CUP) to allow the construction of a multi-family dwelling; and Notice of the public hearing on said application for a CUP has been duly published in accordance with the applicable Prior Lake Ordinances and State statute; and the Planning Commis~ion proceeded to hear all persons interested in this issue and persons interested were afforded the opportunity to present their views and objections related to the CUP for Affordable Housing Solutions Inc.; and On April 17, 2000, the City Council reviewed the request and continued the item to allow the applicant the opportunity to address four specific issues raised by the City Council pertaining to the Conditional Use Permit application: and WHEREAS, the Planning Commission and City Council find the CUP for a 43 unit multi-family dwelling located at the south east intersection of Tower Street and Toronto Avenue for Affordable Housing Solutions Inc. is in harmony with existing . ... .- dev'elopment ili-fhe area. surrounding the project; and" WHEREAS, WHEREAS. the four issues raised by the City Council include 1) alternatives for storm water run-off, 2)'providing a sidewalk along Tower Street, 3) providing fencing along the top of the retaining w~lIs, and 4) redesigning the parking area to reduce left turns in and out of the site onto Toronto Avenue; and on June 5, 2000, the applicant addressed these Issues to the satisfaction of the City Council; and WHEREAS, the Planning Commission and City Council find the proposed CUP is compatible with the stated purposes and intent of the Zoning Ordinance as they relate to conditionally permitted uses, and further, that the proposed CUP meets the criteria for approval of CUP as contained in Section 1108 and Section 1102.703 (1) Multi-family Dwellings (Uses Permitted with a Conditional Use Permit of the Zoning Ordinance). lr6~rtl~fal~}~~fr~t'i?~'€~-~(~rLake. i'-llnne50t~ 55372.1714 / Ph. (6121 4-l7.4~30 I ~~('612) 447-4245 .'.:: EQL'l\l. O?POHTI::-iITY E.~,!?LO';'L;~ AUG, 7, 2001 8: 56AM NO. 2069 p, 4 NOW, THEREFORE. BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF PRIOR LAKE, MINNESOTA: 1. The~recitals setforth above are incorporate herein as if fully setforth. 2. The Conditional Use Permit applies to the following legally described property: Lot 2, Block 3, Brooksville Center 1 st Addition, according to the recorded plat thereof on file and of record in the office of the County Recorded, Scott County, Minnesota, except the westerly 80.00 feet thereof. (}J -d aa.. -lJD(p-1 3, The City Council hereby adopts the following findings: 81 The ~Usfi'-conslstent with '."11h(1" sjjppofti'ie of the goals and policies of the Comprehensive Plan. b) The use will not be detrimental to the health, safety, morals and general welfare of the community as a wllole. c) The use is consistent with the intent and purpose of the Zoning Ordinance and the Use District in which the Conditional Use is located. d) The use will nof have undue adverse impacts on governmental facilities, services, or improvements which are either existing or proposed. e) The use subject to conditions as setforth herein, will not have undue adverse impacts on the use and enjoyment of properties in close proximity to the conditional use. . f) The use subject to conditions as setforth herein is compatible with the general welfare, public safety and neighborhood character. 4. The Conditional Use Permit Is hereby approved subject to the following conditions a) The developer agrees to manage the storm water run-off from the site by either one of the following solutions: i) Diverting the run-off to 8 ponding and drainage area on to a site located at the comer of Toronto and Tower Streets that is the subject of a Purchase Agreement between Neil Soderman and the-. .United States Postal Service ("Post Office Property'7 the proposed post office site. ii) Constructing 8 storm sewer line west along Tower Street to the City's NURP pond located south of Tower Street. b) The developer agrees to pay the cost associated with (i) or (ii) and agrees that regardless of which option the applicant elects, the City's share of the improvement is not to exceed $35,200.00. c) The developer must submff all necessary plans for the storm water improvements to the City staff for approval. d) All necessary easement documents related to storage of storm water drainage on the Post Office property must be approved by the City Attorney. e) The developer must enter into the City's standard development contract for the installation of the necessary improvements prior to issuance of any type of permits. r:\tounci l\resoluti\pll1nrcs\2000\OO-ss.ool; Page :z ,'~ ~ ~ " .', AUG. 7. 2001 8: 56AM NO. 2069-P. 5 - ..," f) A grading permit must be issued and all stormwater improvements on and off-site must be completed prior to issuance of any building permit. In lieu of completion of this work, the developer may submit an Irrevocable Letter of Credit, drawn on a Minnesota bank, a LOe for, 125% of the cost of improvements with the building permit. The Irrevocable Le,tier of Credit is subject to the approval of the City Attorney. All work on the storm water improvement must be completed prior to issuance of Certificate of Occupancy. g) Sidewalk must be installed along the property line on Tower Street. h) A fence must be installed at the top of the retaining walls where height requirements create a hazard to the use of the adjacent property to the east. i) The parking lot must be redesigned to allow an entranceuonly driveway from Tower ......-. -uo'>.... StreetarJd.acuxit-only driVe,VVily..aDioIarODto AJler./Ue. j) Four additional shrubs must be planted in the bufferyard required along 17Dth Street. k) An Irrigation Plan must be submitted. I) The following issues in the engineering memo dated March 1, 2000 must be addressed. i) Provide a detailed traffic control plan to be implemented during utility construction on Tower street pn'or to utility construction. iQ Show the location of the rock construction entrance on the plan. m) Plans indicating hydrant locations and the 300' foot hydrant radius must be provided. n) An I"Bvocable Letter of Credit must be submitted for 125% of the landscaping costs, tree preservation requirements. Estimates or bids must be submitted for the required landscaping. 0) All tree replacement (89.25 caliper inches) must occur on the site with the landscaping emphasis on the bufferyard on the east side (170th Street). The revised landscaping plan must be approved by Planning Department staff. No Final Certificate of Occupancy will be issued until the landscaping requirements are met. p) An Assent Form as shown on E~hibit A, agreeing to the conditions placed on the approval of the Conditional Use Permit as required by the Zoning -Ordinance, mttSt-be signed by the applicant and all property owners. q) The resolution approving the CUP must be recorded on all affected properties and proof of such recording p;esented to the Planning Department. 5. The development of this site will occur according to the following schedule: a) The Developer records the resolution approving the Conditional Use Permit with the Scott County Recorder. b) The Developer prepares plans and specifications addressing all the Engineering and Planning issues for review and approval by City staff. c) The City Council reviews the final plans and approves a Development Contract outlining the requ:red improvements. d) The developer provides the City with al1 easement agreement executed by the appropriate parties, as required pursuant to the Paragraphs 4(a) and 4(d). r:\counci l\rcsoluti\plann:s\2000\OO-S S.doc Page 3 ,-- '-. AUG. 7.2001 8:57AM NO. 2069 P. 6 -,". ...... '..'1 . -; e) A grading permit is issued and all storm water improvements on and off.site must be completed prior to issuance of a building permit. In lieu of completion of this work, the developer may submit a LOC. for 125% of the cost of improvements with the building permit. .. f) A building permit is issued and construction begins. g) All work ;s completed and the City issues a Certificate of Occupancy. 6. Based upon the Findings and Conditions set forth above, the City Council hereby grants a Conditional Use Permit for Affordable Housing Solutions Inc. The contents of Planning Case File #00-010 are hereby entered into and made a part of the public record and the record of the decision for this case. ~~ru .. ~",l,. 'Jllt;! aaoptect1I'lis'17'rh day of July, 2000. ... . YES X X X X ....~ NO Mader Ericson Gundlach Petersen Vacant Mader Ericson Gundlach Petersen Vacant {Se~1} " i . ...... ....... .tlFr'J..... -\,1.1.1, .,' ~:. ...v 'J ~J,- r:\counci l\resoJ uli\planrf:s\2000\OO-S S.doc Page 4 WHEREAS, WHEREAS, WHEREAS, WHEREAS, RESOLUTION 01-07 STONEGATE APARTMENTS, CITY PROJECT #00-34 MOTION BY: GUNDLACH SECOND BY: PETERSEN the City Council passed Resolution 00-58 granting a conditional use permit for Affordable Housing, LLC to construct Stonegate Apartments; and the Conditional Use Permit requires the Owner to construct a storm sewer along Tower Street; and the City desires the Owner to oversize the construction of the storm sewer so that the pipe is large enough to serve a drainage area of 8.5 acres; and The Conditional Use Permit requires the Owner to enter into a contract for the construction of the storm sewer. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF PRIOR LAKE that the Contract for Oversizing of Storm Sewer for Stonegate Apartments is approved and the Mayor and City Manager are authorized to execute said contract on behalf of the City. BE IT FURTHER RESOLVED, that as part of this Contract City, the City's oversizing costs are to be funded through the Storm Water Utility Fund. Passed and adopted on the 22nc day of January, 2000. YES NO Mader X Mader -- Ericson Ericson X - - Gundlach X Gundlach - - Petersen X Petersen - - Zieska X Zieska -- 162&0-~~gle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER STAFF REPORTS MEETING DATE: AGENDA #: PREPARED BY: REVIEWED BY: AGENDA ITEM: DISCUSSION: CITY COUNCIL AGENDA REPORT APRIL 17, 2000 9B JENNI TOVAR, PLANNER DON RYE, PLANNING DIRECTOR CONSIDER APPROVAL OF RESOLUTION OO-XX APPROVING THE CONDITIONAL USE PERMIT FOR A MUL TI-FAMIL Y DWELLING FOR AFFORDABLE HOUSING SOLUTIONS INC. ON PROPERTY LOCATED IN THE SOUTHEAST INTERSECTION OF TOWER STREET AND TORONTO AVENUE History: On February 14,2000, a completed application was received for the construction of a 43 unit multi-family dwelling structure on property located in the southeast comer of the intersection of Tower Street and Toronto Avenue. The Planning Commission opened the public hearing on February 28 and continued the hearing to March 13 at the request of the applicant. This continuance was to allow the applicant to submit revised plans. The hearing was then continued to March 27, 2000 to allow the applicant time to hold a neighborhood meeting. A neighborhood meeting was held on Tuesday, March 14. On March 27, 2000, the Planning Commission on a 4-0 vote, recommended the City Council approve the CUP with conditions. The conditions are listed in the attached resolution. The discussion at the hearing focused on traffic, drainage relating to run-off and the lack of storm sewer, parking and tree preservation. A draft copy of the minutes ofthe Planning Commission meeting is attached to this report. The property was originally purchased by the City as part of the road improvement project to extend Toronto Avenue to 170th Street. The remainder of the property was sold to the applicant on November 15, 1999. The property has been zoned for multi-family residential uses since 1975. Current Circumstances: The subject site consists of approximately 1.7 acres. Section 1102.703 R-4 of the Zoning Ordinance requires a Conditional Use Permit for multi-family dwellings. 1620(fm.\W~O~~'ROP?JJ>.'~.~\OffiP&CLake, Minnesot~agCS372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER The Issues: The proposed Conditional Use Permit should be reviewed in accordance with the criteria found in Sections 1102.703 and 1108 of the Zoning Ordinance. Section 1102.703 is the provision specifying conditions that must be met as part of the CUP for a multi-family residential building. The criteria are shown below: CitJ' Code 1102.703 Uses Permitted With A Conditional Use Permit (1) Multiple Family Dwellings. Conditions: a) Access shall be to a roadway identified in the Comprehensive Plan as a collector or arterial or shall be otherwise located so that access can be provided without generating significant traffic on local residential streets. Proposed access is from Tower Street and Toronto Avenue. Neither of these roads is designated as an arterial or collector road. However, the site is located is such a fashion that the vast majority of traffic generated from the site will not be using local residential streets in the neighborhood to the south. The building is situated on the site so the primary access is from Toronto Avenue. This access leads to the underground parking garage and the surface parking lot. The surface parking lot is designed with a one-way aisle to the north, and the parking lot exit is to Tower Street on the north side of the site. According to the applicant, there were two reasons for this design. First of all, the wider portion of the building was placed along 170th Street to screen the parking lot from the adjacent single family homes to the south. Second, the grade at Tower Street is very steep. To take the primary access to the site from Tower would require extensive regrading and redesign of the site. A traffic count in 1997 on Toronto Avenue near Tower Street showed an average daily traffic of 2,300 trips. On Tower Avenue near Panama Avenue, the average daily traffic in 1997 was 860 trips. In 1999, those counts were 2,300 trips and 1,400 trips respectively. Utilizing the Institute of Transportation Engineers (ITE) Trip Generation book, the total trips per day expected from the proposed building will be 278. Peak a.m. hour will be 24 vehicles and peak p.m. hour will be 26 vehicles. The remaining 228 trips are averaged at 10 trips per hour (22 hours of day remaining). The existing counts with estimated trips generated from Busse Park and this project will result in approximately 2,886 trips per day on Toronto Avenue. According to the Comprehensive Plan, two-lane urban streets are designed to carry 8,000-9,000 cars per day. The potential traffic resulting from this development is well below the capacity of the street. l:\OOfiles\OOeup\OO-O 1 0\00-0 1 Oee.doe Page 2 b) Building lots shall contain a minimum of 400 square feet of usable open space per dwelling unit and no more than 1/2 can be located in the front yard. Forty-three dwelling units are proposed requiring 17,200 square feet of usable open space. The site plan indicates 5,860 square feet located in front yards and 11,340 square feet located in the side yard. This requirement is met. c) The minimum spacing between buildings shall be the average heights of the buildings. This provision is not applicable, as there IS only one building proposed. d) Side and rear yards may be reduced to zero feet where dwellings are designed to share common walls. This provision is not applicable, as there IS only one building proposed. e) All buildings shall be located a minimum of 15 feet from the back of the curb line of internal private roadways or parking lots. The building is setback 15 feet from the garage entrance, 17 feet from the parking lot facing Toronto Avenue and 21 feet from the parking area facing Tower Street. This requirement is met. t) No portion of the required 20-foot road system may be used to satisfy the off-street parking requirements. The proposed internal drives are not being used for proposed parking. This requirement has been met. Zoning Code Analysis (Performance Standards): Height: Maximum height is 35 feet or 3 stories, whichever is less. Building height is defined in the Ordinance as follows: "A distance measured from the mean curb level along the front lot line or from the finished grade level for all that portion of the structure having frontage on a public right-ofway, whichever is higher to the mean distance of the highest gable on a pitched or hip roof" This lot has three front lot lines. The mean curb levels are: 170th Street-990.0', Tower Street-985.0', Toronto Avenue-977.0'. The grades adjacent to the structure having frontage on a public street vary from 983.6' to 1: \OOfiles\OOcup\OO-O 1 0\00-0 1 Occ.doc Page 3 993.5'; the average grade is 988.6 feet. The mean roof elevation is 1024.15'. The highest mean curb level is 990.0'. Utilizing the mean curb level as the base, the height is 34.15 feet. A story is defined in the ordinance as that portion of a building included between the surface of any floor and the surface of the floor next above; or if there is not a floor above, the space between the floor and the ceiling next above. A basement shall not be counted as a story . A basement is defined as that portion of the building having more than Y2 of the ground floor-to-ceiling height below the average grade of the adjoining ground. The grades of the adjoining ground (all sides) is 997.0 at the highest grade and 983.6 at the lowest grade resulting in an average grade of 990.3. The ground to ceiling height of the garage is 10 feet, Y2 the height is 5 feet. Therefore, 6.7 feet of the garage is below the average grade. The result is that more than Y2 of the height is below the average grade, making the garage a basement by definition and not a story. Based on this analysis, the height requirement is met. Density: Maximum density allowed is 30 dwelling units per acre. The proposed project has 25.3 units per acre. This requirement is met. Ground Floor Ratio: Maximum coverage is .35. The footprint of the building is 19,051 square feet. The result is a .26 ground floor ratio coverage. This requirement is met. Setbacks: The required setbacks are as follows: Front yard is the height ofthe building or 30 feet, whichever is greater. For the purpose of determining setbacks, a bonus is given for underground parking. The height of the garage is not counted as building height for determining required setbacks. The height of the structure from the first floor to the mean peak of the roof is 30.5 feet. Therefore, the required setback is 30.5 feet. The lot has three fronts and one side. The side yard setback is 15 feet. Side yard setbacks are increased 2 inches for every foot over 50 feet in building wall length. A building wall ends with a 21 O-degree separation of at least 18 feet in length and separation. The longest building wall is 134 feet resulting in an additional setback of 14 feet on the side (29-foot setback required). The proposed setback for this portion of the structure is approximately 45 feet. All other sidewalls are shorter in length, and meet setbacks. All structure setbacks have been met. Lighting: Zero foot-candles at the property line are proposed. A maximum of 0.5 foot-candles on the property line abutting residential l:\OOfiles\OOeup\OO-O 1 0\00-01 Oee.doe Page 4 and 1.0-foot candles abutting right-of-way is permitted. Lighting requirements are met. Landscaping: One tree per unit is required. Fifty-seven trees are proposed. Ten percent are oversized, and 25% coniferous/deciduous mix is proposed. All disturbed areas will be sodded and landscaped areas are to be irrigated. The irrigation plan must be submitted later (condition of approval). A Letter of Credit (LaC) is needed prior to issuance of building permit (condition of approval). As a part of a required Bufferyard, 4 shrubs facing 170th Street are required and not shown on the plans. These additional shrubs are included as a condition of approval. Once the plans have been changed to meet the conditions, the landscaping requirements will be met. Tree Preservation: There are 238 total caliper inches (C.l.) of significant trees on site. All significant trees will be removed. The Zoning Ordinance allows removal of up to 25% of the significant inches to be removed without replacement (59.5 C.l.). Therefore 178.5 CI must be replaced at Y2:1. Required replacement is 89.25 caliper inches. Fourteen trees or 47 caliper inches are being planted on the property as replacement trees. 42.25 CI, or 13 trees, are proposed to be planted on City property. The Planning Commission originally recommended all of the replacement trees to be planted on site with the majority to be planted in the bufferyard along 170th Street. However, not all of the replacement inches can be planted along 170th Street and survive due to limited space. The Planning Commission therefore recommended the developer meet with staff to accomplish the increased screening/buffering objective and tree replacement on site. A LaC will ensure compliance with replanting requirements. This requirement will be met. Parking: Two stalls per unit plus one for the office are required. Eight-seven stalls are required. The plan indicates eighty-six stalls and one stall in front of the mechanical room. Parking lot screening is required on 60% of the parking areas where views could originate. Screening includes a combination of materials. The plan indicates a 30" berm with plantings along the entire length of the parking area facing Toronto Avenue. Parking requirements have been met. The Planning Commission discussed the need for "No Parking" signage in the area. It was suggested that Tower Street and Toronto Avenue be posted with signs. Currently, there are signs posted on Tower Street, but not on Toronto Avenue. If the City Council desires, a condition requiring the developer to post ''No Parking" signs on Toronto Avenue between Tower Street and 170th Street can be added. l:\OOfiles\OOeup\OO-O 1 0\00-0 1 Oee.doe Page 5 Architectural Materials: The ordinance requires a minimum of 60% Class 1 materials on all faces visible from off-site. The proposed building has a minimum of 63% of Class I materials (brick and glass). The remainder of building materials are Class II (stucco). No Class III materials are proposed. This requirement has been met. OTHER ISSUES Traffic: According to ITE trip generation manual, 278 trips per day will be generated. The estimated a.m. peak hour will be 24 trips and the p.m. peak hour will be 26 trips. This leaves 228 trips, when averaged throughout the day, resulting in 10 trips per hour. Two-lane urban streets are capable of carrying 8,000-9,000 cars per day. The total cars per day, 1999 count, on Toronto Avenue was 2,300. There will be an increase in trips per day of 10%; however, the road is designed to handle this amount of trips and more. A major concern voiced at the public hearing was the potential traffic on Toronto Avenue through the singe family residential neighborhood. As noted earlier, the building is designed to minimize the traffic on Toronto. The Planning Commission felt the design of the building as shown directed traffic away from this area as much as possible. However, if the Council feels additional measures should be taken to redirect this traffic, the Council could require that garage access and egress be limited to Tower Street. Busse Park Traffic: Attached is a portion of the traffic study conducted for the Busse Park. Traffic will be routed along Toronto Avenue. The estimates are 690 cars per day to the Busse Park. Not all of these trips will occur on Toronto Avenue, and trips will vary during peak park usage in the summer and specifically during events. The study estimates 308 a maximum of trips per day generated from Busse Park on Toronto Avenue. Fire Protection: The building and site layout provide appropriate Fire Department access. The plans need to indicate locations of existing hydrants and provide hydrants to provide protection within 300' hydrant radius. This has been included as a condition of approval. Existing/proposed run-off storm sewer: The existing run-off from the site is 4.05 cubic feet per second (c.f.s.). Without on-site ponding, the run-off would be 6.04 c.f.s. The applicant is proposing to provide ponding within the parking lot. This results in run-off of 4.17 c.f.s. The increased run-off of 0.12 c.f.s. is negligible. There is currently no storm sewer serving the area. The current water from the area collects at the intersection of Tower Street and Toronto 1:\OOfiles\OOeup\OO-O I 0\00-0 1 Oee.doe Page 6 Avenue. Staff anticipates a system to be constructed with the future construction of the ring road. This project is presently scheduled for 2001 in the 2001-2005 CIP, to be reviewed by the Council on May 1, 2000. Based on the total size of the site, there is no requirement for on-site ponding. There is also limited room on site to provide for ponding, other than that proposed in the parking lot. The developer is also providing for a connection to the future City storm sewer system to be constructed as part of the ring road. The plans indicate construction of storm sewer pipe to the right-of-way to be connected to future city storm sewer system. The storm water issues will be addressed in conjunction with future development such as the post office and ring road. The staff recently discussed the design of the Post Office site with representatives of the Post Office. One issue discussed was the need to provide some additional stormwater ponding in this area. The Post Office did not appear to object to the use of the site for some additional stormwater ponds. It may be possible to develop this ponding in conjunction with the construction of the Post Office and this development. This option would require a development agreement with the developer and the Post Office to construct storm sewer and the stormwater ponding areas. Engineering issues: Attached is a memo dated March 1, 2000 from Assistant City Engineer Sue McDermott. There are three items remaining to be addressed. These are 1. Traffic control plan to be implemented during utility construction. 2. Indicate rock construction entrance on plans. 3. Storm sewer plan changes. Run-off calculations have been provided and are acceptable. These have been made a condition of approval. Crime: Staff has been asked to provide information about crime in the area as it relates to multi-family dwellings and single family neighborhoods. The following depicts police calls taken in 1999 in three multi-family dwellings and two single-family neighborhoods of similar size. 1999 # police # units/lots Calls per unit per year calls Brooksville Apts. 18 36 .5 Tower Hill East 34 68 .5 Tower Hill West 40 51 .78 Willow Beach Neighborhood 18 42 .43 Oak Ridge Neighborhood 16 44 .36 1: \OOfiles\OOeup\OO-O 1 0\00-0 1 Oee.doe Page 7 Property Values/Taxes- With respect to impact on City services, the following information is being provided. The 2000 Taxes payable for existing multi-family rental are as follows: Locations 2000 2000 Taxes # Valuation (and Special Assessments) units Tower Hill West $1,164,100 $34,012 51 Tower Hill East $1,705,200 $55,252 68 Brooksville Apts. $ 948,000 $30,720 36 The 2000 Taxes payable for a single-family neighborhood with homestead status and similar taxable valuation in Prior Lake is as follows: Sample $950.000 single family homesteaded neighborhood (similar to valuation of Brooksville Apartments) Valuation # units 2000 taxes Total $100,000 1 $1706 $1706 $150,000 3 $2868 $8604 $200,000 2 $4030 $8060 $18,370 Sample $1~700.000 neigbborhood (similar to valuation of Tower Hill East) Valuation # units 2000 taxes Thtal $150,000 6 $2868 $17,208 $200,000 4 $4030 $16,120 $33,328 Multi-family residential buildings with 4 or more units are in the tax class rate of 2.5%, while a homesteaded single family dwelling is taxed at 1% for the first $76,000 of value and 1.65% for value over $76,000. The multi-family dwellings pay more for each dollar of valuation than single family dwellings. Petition of protest (attached): On March 2, 2000 a petition of protest (signed by 75 people) was received. The petition states increased road traffic will decrease safety in the neighborhood, water run-off is already a problem, loss of trees and proposed construction will lose neighborhood character for W oodridge Estates, and that property values for the adjacent dwellings may decrease. l:\OOfiles\OOeup\OO-O 1 0\00-0 1 Oee.doe Page 8 Traffic and water run-off has been addressed in this report. Loss of trees affecting the character of the neighborhood is a legitimate concern. The tree preservation ordinance addresses such concern by requiring replacement trees. The applicant is proposing to plant 66 trees on site to satisfy the landscaping and part of the tree preservation requirements and in addition to trees off-site to satisfy tree replacement. The impact of this project on the valuation of other properties in the area is difficult to determine. Low-income rentals: The applicant has verbally stated and confirmed in the attached letter the rental units will be market rate. CONDITIONAL USE PERMIT (CUP) ANALYSIS: Section 1108.200 of the City Code sets forth the criteria for approval ofaCUP. (1) The use is consistent with and supportive of the goals and policies of the Comprehensive Plan. Objective #1 of the Comprehensive Plan is to provide opportunities for a variety of affordable high quality housing. Objective #2 is to maintain a choice of and encourage development of quality residential developments. Attached are the policies related to these two objectives. The policies and objectives are met as the policies are met with buffering requirements located in the Zoning Ordinance. Page 101 of the Comprehensive Plan addresses housing analysis. The analysis specifically states there is a gap in Prior Lake's housing in the area of newer apartment units. "A freestanding growth community or mature suburban community could be expected to maintain 25-30% of the housing stock in apartments or multi-family developments." Prior Lake currently has 12.85% classified as apartments or multi-family dwellings. The addition of the proposed units would complement the goal of providing opportunities for diverse housing. (2) The use will not be detrimental to the health, safety, morals and general welfare of the community as a whole. The proposed multi-family dwelling will not be detrimental to the health, safety, morals and general welfare of the community as a whole. The site plan meets criteria found in the Zoning Ordinance. The streets accessing the property can support the anticipated traffic. The proposed on-site ponding contains storm water run-off l:\OOfiles\OOeup\OO-O 1 0\00-0 1 Oee.doe Page 9 as much as possible without the presence of a public storm sewer system in place. (3) The use is consistent with the intent and purpose of the Zoning Ordinance and the Use District in which the Conditional Use is located. The use requires a CUP within the zoning district. The property is zoned R-4 Multi-family residential. The proposed site layout complies with all requirements and performance standards of the Zoning District with minor plan changes (landscaping) as made conditions of the CUP. (4) The use will not have undue adverse impacts on governmental facilities, services, or improvements, which are either existing or proposed. The proposed use as an apartment building will not have adverse impacts on governmental facilities or improvements. The site is designed to connect to future storm sewer. All other public improvements (street, water, and sewer) are existing and capable of supporting the proposed building and site improvements. (5) The use will not have undue adverse impacts on the use and enjoyment of properties in close proximity to the conditional use. The use is located adjacent to three public streets and a townhouse development to the east. The proposed use will not have adverse impacts on the use and enjoyment of properties in close proximity. (6) The use is subject to the design and other requirements of site and landscape plans prepared by or under the direction of a professional landscape architect, or civil engineer registered in the State of Minnesota, approved by the City Council and incorporated as part of the conditions imposed on the use by the City Council. The landscaping plans were prepared by a registered landscape architect and meet the planting requirements with the exception of additional shrubs required along 170th Street as part of bufferyard plantings. This has been made a condition of approval. (7) The use is subject to drainage and utility plans prepared by a professional civil engineer registered in the State of Minnesota which illustrate locations of city water, city sewer, fire hydrants, manholes, power, telephone and cable lines, natural l:\OOfiles\OOcup\OO-O 1 0\00-01 Occ.doc Page 10 gas mains, and other service facilities. The plans shall be included as part of the conditions set forth in the CUP approved by the City Council. The drainage and utility plans were prepared by a professional registered engineer. Additional information is needed such as fire hydrant locations and the items listed on the attached engineering memo. These are conditions of approval. (8) The use is subject to such other additional conditions which the City Council may find necessary to protect the general welfare, public safety and neighborhood character. Such additional conditions may be imposed in those situations where the other dimensional standards, performance standards, conditions or requirements in this Ordinance are insufficient to achieve the objectives contained in subsection 1108.202. In these circumstances, the City Council may impose restrictions and conditions on the CUP which are more stringent than those set forth in the Ordinance and which are consistent with the general conditions above. The additional conditions shall be set forth in the CUP approved by the City Council. The Council may elect to attach any reasonable conditions which will satisfy the criteria set forth in the Ordinance and accomplish the objectives of the Zoning Ordinance and Comprehensive Plan in addition to those set forth below, including such topics as: . "No Parking" signs on Toronto Avenue. . Completion of storm sewer improvements in conjunction with the Post Office project. . Limitation of access to garage via Tower Street. . Tree replacement location as proposed by the Planning Commission. Conclusion: Staff recommends approval of the CUP with the following conditions: 1. Four additional shrubs are required to be planted in the bufferyard required along 170th Street. 2. Irrigation Plan to be submitted. 3. Issues in engineering memo dated March 1, 2000 must be addressed. a) Provide a detailed traffic control plan to be implemented during utility construction on Tower Street prior to utility construction. b) Show the location of the rock construction entrance on the plan. I:\OOfiles\OOeup\OO-O I 0\00-01 Oee.doe Page II FISCAL IMPACT: ALTERNATIVES: RECOMMENDED MOTION: REVIEWED BY: c) Install catch basins in the driveway entrance at Tower Street. Extend pipe to the comer of Toronto Avenue and Tower Street for future connection of storm sewer by City. 4. Hydrant locations indicated and 300' foot hydrant radius to be provided. 5. A letter of credit must be submitted. The LOC will be for 125% of landscaping costs, tree preservation requirements, Estimates or bids must be submitted for the required landscaping The Planning Commission recommends adding a sixth condition requiring all tree replacement occur on site with emphasis on the bufferyard on the east side (170th Street) to be approved by staff. Budget Impact: The construction of the building will add tax base to the City. The City Council has three alternatives: 1. Adopt Resolution #OO-XX approving the Conditional Use Permit for Affordable Housing Solutions Inc. subject to the listed conditions. 2. Deny the Conditional Use Permit on the basis they are inconsistent with the purpose and intent of the Zoning Ordinance and/or the Comprehensive Plan. In this case, the Council should direct the staff to prepare a resolution with findings of fact for the denial of these requests. 3. Defer consideration of this item for specific reasons. Staff recommends alternative #1. 1. A motion and second to approve Resolution 00- XX approving the Conditional Use Permit, subject to the listed conditions set forth above together with additional conditions the Council deems appropriate. l:\OOfiles\OOeup\OO-O 1 0\00-01 Oee.doe Page 12 CONDITIONAL USE PERMIT RESOLUTION OO-XX APPROVING A CONDITIONAL USE PERMIT TO A MULTI-FAMILY DWELLING ON PROPERTY LOCATED AT THE SOUTHEAST CORNER OF THE INTERSECTION OF TOWER STREET AND TORONTO AVENUE FOR AFFORDABLE HOUSING SOLUTIONS, INC. MOTION BY: SECOND BY: WHEREAS, the Prior Lake Planning Commission conducted a public hearing on February 28, 2000, March 13, 2000, and March 27, 2000, to consider an application from Affordable Housing Solutions Inc. for a Conditional Use Permit (CUP) to allow the construction of a multi-family dwelling and the City Council heard the case on April 17, 2000; and WHEREAS, On March 27, 2000, the City Council heard the request; and WHEREAS, Notice of the public hearing on said CUP has been duly published m accordance with the applicable Prior Lake Ordinances; and WHEREAS, the Planning Commission proceeded to hear all persons interested in this issue and persons interested were afforded the opportunity to present their views and objections related to the CUP for Affordable Housing Solutions Inc.; and WHEREAS, the Planning Commission and City Council find the CUP for a 43 unit multi- family dwelling located at the south east intersection of Tower Street and Toronto Avenue for Affordable Housing Solutions Inc. in harmony with existing development in the area surrounding the project; and WHEREAS, the Planning Commission and City Council find the proposed CUP is compatible with the stated purposes and intent of the Zoning Ordinance as they relate to conditionally permitted uses, and further, that the proposed CUP meets the criteria for approval of CUP as contained in Section 1108 and Section 1102.703 (1) Multi-family Dwellings (Uses Permitted with a Conditional Use Permit of the Zoning Ordinance). NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF PRIOR LAKE: that it hereby adopts the following findings: 16200 El:\OOfi1es\OOcoo\OO-IUo.\reiOOOXx..doc . Pj:lg,tl L agle CreeK twe. ::>.E:.., t'nor LaKe, MlOnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) -q.4/-4245 AN EQUAL OPPORTUNITY EMPLOYER FINDINGS 1. The use is consistent with and supportive of the goals and policies of the Comprehensive Plan. 2. The use will not be detrimental to the health, safety, morals and general welfare of the community as a whole. 3. The use is consistent with the intent and purpose of the Zoning Ordinance and the Use District in which the Conditional Use is located. 4. The use will not have undue adverse impacts on governmental facilities, services, or improvements which are either existing or proposed. 5. The use will not have undue adverse impacts on the use and enjoyment of properties in close proximity to the conditional use. 6. The use is compatible with the general welfare, public safety and neighborhood character. BE IT FURTHER RESOLVED, THE CITY COUNCIL OF THE CITY OF PRIOR LAKE approves the CUP for Affordable Housing Solutions Inc. on the property legally described as follows: Lot 2, Block 3, Brooksville Center 1 st Addition, according to the recorded plat thereof on file and of record in the office of the County Recorded, Scott County, Minnesota, except the westerly 80.00 feet thereof. BE IT FURTHER RESOLVED, approval of the CUP is subject to the following: 1. Four additional shrubs are required to be planted in the bufferyard required along 170th Street. 2. Irrigation Plan to be submitted. 3. Issues in engineering memo dated March I, 2000 must be addressed. a) Provide a detailed traffic control plan to be implemented during utility construction on Tower Street prior to utility construction. b) Show the location of the rock construction entrance on the plan. c) Install catch basins in the driveway entrance at Tower Street. Extend pipe to the comer of Toronto Avenue and Tower Street for future connection of storm sewer by City. 1. Hydrant locations indicated and 300' foot hydrant radius to be provided. 2. A letter of credit must be submitted. The LOC will be for 125% of landscaping costs, tree preservation requirements, Estimates or bids must be submitted for the required landscaping. l:\OOfiles\OOcup\OO-O 1 O\resoOOxx.doc Page 2 3. All tree replacement (89.25 caliper inches) occurs on site with emphasis of bufferyard on the east side (170th Street) to be approved by Planning Department staff. 4. An Assent Form, as required by ordinance, is to be signed by the applicant and all property owners. 5. The resolution approving the CUP is to be recorded on all affected properties and proof of such recording presented to the Planning Department. CONCLUSION Based upon the Findings set forth above, the City Council hereby grants a Conditional Use Permit for Affordable Housing Solutions Inc. The contents of Planning Case File #00-010 are hereby entered into and made a part of the public record and the record of the decision for this case. Passed and adopted this 1 ih day of April 2000. YES NO Mader Ericson Gundlach Petersen Schenck Mader Ericson Gundlach Petersen Schenck {Seal} City Manager, City of Prior Lake l:\OOfiles\OOcup\OO-O 1 O\resoOOxx.doc Page 3 Planning Commission Minutes March 27,2000 1. A utility easement must be granted as per request of NSP over the south 5 feet of the east 15 feet of Lot 1. Comments from the public: V onhof: . Makes sense to . Agreed with C .ft.~ recommendation to City Applicant Bernie Carlson, said his primary concern is to get a building pe downtown Prior Lake. NSP asked for an easement which he does not b and is waiting to get the results. The hearing was closed to the public. Comments from the Commissioners: Criego: . No problem with request. . Agreed with staffs recommendation. Cramer: . Agreed with staff s assessment. . Indicate if the easement is not required, Council. the request. ",~?:,~~'t,::, it ,. N BY CRIEGO;r\~~COND BY VONHOF, RECOMMENDING APPROVAL OF THE LIMINARY prr~T KNOWN AS CARLSON'S FIRST ADDITION, SUBJEc,,;,O THE CO~ITION THAT THE DEVELOPER GRANT NSP AN EASEME/'C" NEC$;SARY. >c~ d ayes by all. MOTION CARRIED. -~ 7 B. Case #00-010 Affordable Housing Solutions is requesting a Conditional Use Permit for Stonegate, a 43 unit multiple family dwelling, for the property located in the southeast corner of Tower Street and Toronto Avenue. Planner Jenni Tovar presented the Planning Report dated March 27,2000, on file in the office ofthe City Planner. 1:\OOfiles\OOplcomm\OOpcmin\mn032700.doc 2 Planning Commission Minutes March 27. 2000 On February 14,2000, the City received a complete application for a Conditional Use Permit to allow a multi-family dwelling on property located in the SE comer of Tower Avenue and Toronto Street. The property is zoned R-4 (High Density Residential) and is guided as R-HD (Urban High Density) on the Comprehensive Land Use Plan Map. The public hearing was originally scheduled for February 28, 2000. The item was continued at the request of the developer to allow for recommended plan changes and to allow the developer time to hold a neighborhood meeting. Notices were mailed to p owners within 350 feet for the February 28, March 13, and March 27 public he 1. Four additional shrubs are required to be planted'i'~~'$)~'b'fi'ff~ard required along ili ~~ 170 Street. "1:; "t:L 2. Irrigation Plan to be submitted"i"; ,,' 3. Issues in engineering memo dated Mat~i1~ 4. Hydrant locations indicated and 300' ft:j~} 5. A letter of credit must be submitted. Tfi~i- tree preservation Estimates landscaping cota'lllitions: The property has been zoned for multi-family residential since consists of 1.7 acres. The proposed building will include 43 with underground parking. Staff recommended approval of the CUP with the ~hstafson, A said originally they attempted to construct an nt building acro'!i e street on the Boderman property. The request was turned use the City fellhe property would be best used as commercial property. The City co ed them and lained this property had been for sale and had not received any accepta '. . ffers..", . developers put a proposal together and the City Council knew of the intende' 'en they solicited the property. The complex is a market-rate project. They <ljJ eet with the neighborhood a few weeks ago and addressed a lot of their questions ~d concerns. The rental payments were comparable to the neighboring mortgage payments. Gustafson explained the rental rates, the on-site office and caretaking which will make a well managed building. the road is adequate and will not Cramer questioned ( impact the neighboi: 0 Comments f fY':'/ c' /;;, Criego questioned the location of the building site. Gustafson responded that after much consideration this location made the most sense. One of the City's requirements was the storm sewer and ponding. The architect designed the project to reduce runoff. 1:\OOfiles\OOplcomm\OOpcmin\mn032700.doc 3 Planning Commission Minutes March 27,2000 Atwood questioned the unit rent. Gustafson responded the breakdown is in the staff report. Breaks down to about $1 per square foot. The architect, Charles Radloff, Valley View Road, Eden Prairie, explained the temporary ponding location. With the implementation ofthis project they believe the runoff will be reduced. The project was moved to the south side ofthe property to blend in with the single family residents. Parking and traffic flow will stay to the north of t neighborhood. The building will be used as a screen. The units are ups market. Radloff explained the grades, storm sewers and traffic flow" met all of the requirements and ordinances. Radloff said he was' . thoroughness. Radloff said they could add more trees in the area and w the hill, parking and the terrace walls. . Toronto Avenue. as done in September ~,believes there was .',cincrease calls. . 'ii'He lives 2 doors down . Anytilll the summer between 4:00 all the softball traffic to the Ponds. Park, crime and the parking. 277 Hori iI, said his concerns are for the traffic at the Pond's ter be kindergarten, the general traffic to the Ponds traffic usse Park. There will be a very huge increase in d ouftne existing water runoff. He has lived in the area for 6 Even though the building is appealing, it is 50 feet off the J'was the rent and the adjoining low income values. Criego: Pointed out that. ing this particular building will not add traffic south of the neighborhood. All the traffic from this project will stay north. All other issues raised are existing. Dean Neumann, 4623 Overlook Cir. SE, opposed to the proposal stating there is a lot of multifamily buildings in southeast Prior Lake. He felt this type of apartment complex is the wrong type of gateway for the neighborhood. Agreed with Mr. Pettinger's concern for traffic with the new kindergarten. The new post office is going into the area as well. He understands the ordinances but questioned if that is what the Commissioner's would want to have to drive by every day. 1:\OOfiles\OOplcomm\OOpcmin\mn032700.doc 4 Planning Commission Minutes March 27, 2000 The public hearing was closed. Comments from the Commissioners: Cramer: . Agreed with residents that there is a lot of multi-residential hous. . is not a commercial piece of property. It is a transition piece( family and R4 ( high density). . This has been zoned R -4 since 1975. Hard to deny. . Originally traffic came up first as a concern. But no ~fu this development. The traffic is begin generated development. So that is not an issue. . There is an issue for runoff. But the proposals in th . McDermott said with the construction of the post offic address the runoff issue. . The true issue is the parking. Not su . Gustafson addressed the parking. Ass The standard around the metro area is 0 They are proposing two paJ.; places p <> t. TenaJ1;~s';would not be able to park three or four cars per ot like aIt~ngle family unit. They will control the parking. ;: . There is a need :D . Support the pro'}' . nts. their c rn and staff for addressing them. storm sewer projects. Road improvements will come within . . Que his building have stand pipes? Architect Radloff said they would. . According olice calls the information they have are general crime. Questioned what the n. orhood police calls were. Tovar responded with the information provided by 'the police. . The property has been zoned R4 since 1975. The application meets all the conditions. Atwood: . Toronto could be posted with "no parking". McDermott said if the ring road was constructed there would be no parking. . Questioned the storm sewer with the construction of the new post office and ring road. 1:\OOfiles\OOplcomm\OOpcmin\mn032700.doc 5 Planning Commission Minutes March 27,2000 . McDermott explained that portion of Toronto would be vacated ifthe ring road is constructed and no longer be a public right-of-way. . Agreed Criego the traffic from this project will not affect the neighborhood. . Agreed with Mr. Pettinger that it is an imposing structure to the neighborhood. . Questioned the neighboring subsidized rental. Tovar said only one complex was subsidized and the proposed rates of this project are substantially higher. . Seventy-four police calls in a year is a lot. . Reluctant in favor of this project. Criego: . Concerned for the runoff but staff assures there will be a sol variables. . The temporary solution of ponding in the parking 10 problem needs to be addressed by City. . Parking will not be a problem. . Concern for the buffer yard. It is not adequate. Stro screening on site as a buffer to the south. . Questioned when W oodridge develoy annexed in 1991 and platting was suo . Empathy for the neighbors, but this pr oned R~ for many years. The reality has hit home with this particular . It is a different developm~.: up the collar into the comm~~?: . The community ne f,''"his typ . In favor ofthis ith th for the R4 side couple of years. allons per minute. Vonho . . Increas would be requirements on site as a condition. Tovar explained how it Charles Radloff~ddressed the landscaping and bufferyard. Suggested hiring a landscape architect to address the problem that would be agreeable with staff. MOTION BY VONHOF, SECOND BY CRIEGO, TO RECOMMEND CITY COUNCIL APPROVE THE CUP WITH THE RECOMMENDED CONDITIONS WITH THE ADDITIONAL CONDITION THAT THE DEVELOPER MEET WITH STAFF AND INCREASE THE BUFFERING ALONG THE SOUTH SIDE OF THE LOT TO THE SATISFACTION OF THE STAFF. 1:\OOfiles\OOplcomm\OOpcmin\nm032700.doc 6 Planning Commission Minutes March 27,2000 ADDITION TO THE MOTION BY CRIEGO, TO KEEP THE CALIPER INCHES ON THE LOT. VONHOF AGREED. Vote taken indicated ayes by all. MOTION CARRIED. Northwood Oaks, LLC., has applied for a west side of North wood Road, north of preliminary plat consists of23.96 acres to residential development. plat for the development known as lat consisted of 34.15 acres This will go to the City Council on April 17 , 2000. A recess was called at 7:50 p.m. The meeting resumed at 7:55 p.m. C. Case #00-021 Northwood Oaks LLC is requesting a plat for the project known as Northwood Oaks Estates property located on the west side of Northwood Road Planning Coordinator Jane Kansier presented the II on file in the office ofthe City Planner. ' prove al plat for the first phase of this k Ridge Road). This preliminary plat consists of t Addition. By reconfiguring the lots, the of th s from the Arctic Lake Shoreland District, thereby a. Tns also enabled the developer to increase the number of the number of lots is greater than that approved by the new preliminary plat is required. Staff felt criti ation to make a decision on the proposed preliminary plat is missing at this t' This information includes the proper tree inventory and replacement plan and the ne ssary drainage calculations. This preliminary plat should not proceed until this information is submitted and reviewed by staff. If the Preliminary Plat is to proceed, it should be subject to the following conditions: 1. Submit a new Tree Inventory and Preservation/Removal Plan. The inventory must include a list of the significant trees and caliper inches on the site and it must identify the trees to be removed for initial development and for building site development. This plan must also identify the need for any replacement trees. 1:\OOfiles\OOplcomm\OOpcmin\mn032700.doc 7 AFFORDABLE HOUSING SOLUTIONS, LLC 13241 Hol&sU. Lane Ede.u Prairi~. 'MN 55346 Tel (612)- 949-2667 Cell (612)-72.0-7174 Mar(:h. 3, 2000 MS. Jenni Tovar, Planner City of Prior Lake 16200 Eagle Creek Ave, S.E. Prior Lake, MN 55372-1714 Dear Ms. Tovar, Your department has inquired as to the message we want to convey with the name of our L.L. C. We feel that our housing is "affordable" for ~ery market we build in. We have pW"chased. several market rate or senior apartment siteS, and. are developing roid range market rate apamncnt rental buildings. We are not in the high end or executive luxuIY rate :market; nor are we in the low end of the :market. We have not considered the subsidized market either, as this is an entirely di1ferent set of management regulations and controlled restrictions that we are not set up to do. You can see from our proposed plans that the size of the units and. building amenities are for the mid range of market rate aparanents; which we will do a vexy pror_onal job of designing, constrUCting and managing. . We feel a tenant will have an easier time preparing a rental payment to an "affordable" entity rather than an entity that might be oonsidered as "u:naffordable". Please call if there are any other clarifications that your department needs. B HOUSING SOLUTIONS, LLC L-----.-------- l . d llt9'oN A1IlV3H Snld lVllN30nHd ~VEl:ll DDDl 'E 'JE~ Planning Commission City Hall 16200 Eagle Creek Avenue S.E. Prior Lake, Minnesota 55372-1714 d \i\ ! MAR 2 2fD) iU UL.- -.Jl;/ L_ Subject: Protest for the Conditional Use Permit for Stonegate Apartments Lot 2, Block 3, Brooksville Center 1st Addition Prior Lake, Minnesota Planning Commission: I would formally like to be placed on the Agenda for the Planning Commission meeting scheduled for March 13, 2000. I protest the request for a conditional use permit for the Stonegate apartments located at the intersection of Tower Street and Toronto Avenue. My concerns for the proposed construction of a 43 unit multiple family complex consist of several items. Increase road traffic will decrease safety in our neighborhood. Toronto Avenue is already under heavy use, and with the addition of the Busse property Youth Athletic Complex located on Mushtown Road and the proposed construction of a new Post Office located on Toronto Avenue, traffic will increase even more. Water run-off on the intersection of Tower Street and Toronto Avenue is already a problem. The loss of trees on the property and the construction of a apartment complex will lose neighborhood character for Woodridge Estates. And finally, property values for family dwellings located adjacent to the proposed apartment complex will more than likely decrease in value. Sincerely, Andri!Afv - 17057 Toronto Avenue W oodridge Estates Prior Lake, Minnesota 55372 (612) 447-7092 15' ')icr ~(J ';;i ~ PETITION AGAINST BROOKSVILLE CENTER 1st ADDITION STONE GATE APARTMENTS CONDITIONAL USE PERMIT REQUEST We the undersigned, protest the conditional use permit request for the construction of a 43 unit multiple family dwelling located on Lot 2, Block 3, Brooksville Center 1st Addition, Prior Lake, Minnesota. Reasons for the petition is based on the following items. . Road traffic on Toronto Avenue will increase. Road traffic on Toronto is already high, and with the addition of the Busse Property Youth Athletic Complex and the addition ofthe proposed post office on Toronto Avenue, traffic will increase even more. . More traffic on Toronto means unsafe conditions for children at play; . Water run-off is already a problem on that intersection; . The loss of trees on the lot will ruin an aesthetic pleasing view; . The addition of another apartment complex near the W oodridge Estates will decrease property values, and; . An apartment complex on Toronto Avenue close to Woodridge Estate will lose neighborhood character. Name \)w i ~ <]1>9 r---- Name --;:Sl, ~~ Name: C'ral < t 2- Name: Name: Name: Name: Name: Name: Name: Address31o-r7 ()~Z'hm1 CJ\'~. Address '-/f"P5Y OA-JCVODJ Address /707 7 ~ ,()V'7 fa Address ) J () 1) r; IOY- Ov7+u ~ (( . It tI E-, Ik Address Address Address Address Address Address Address ~ ~ ~ PETITION AGAINST BROOKSVILLE CENTER 1st ADDITION STONEGATE APARTMENTS CONDITIONAL USE PERMIT REQUEST We the undersigned, protest the conditional use permit request for the construction of a 43 unit multiple family dwelling located on Lot 2, Block 3, Brooksville Center 1st Addition, Prior Lake, Minnesota. Reasons for the petition is based on the following items. . Road traffic on Toronto Avenue will increase. Road traffic on Toronto is already high, and with the addition of the Busse Property Youth Athletic Complex and the addition of the proposed post office on Toronto Avenue, traffic will increase even more. . More traffic on Toronto means unsafe conditions for children at play; . Water run-off is already a problem on that intersection; . The loss of trees on the lot will ruin an aesthetic pleasing view; . The addition of another apartment complex near the W oodridge Estates will decrease property values, and; . An apartment complex on Toronto Avenue close to Woodridge Estate will lose neighborhood character. Name: AddreSS~"'?Vl';:' 1M- <;~_ Address JLz;. 77 Pc:Y7o/ 0' ~ / f: Address 4S_L/1 f 0/IeA0 ~/I')1i-. <:1 ~ - Address L/s~ p~~;t;; t Address Yftl7 ~ cL tJ, ewFct / ~" Address '/6k/tdJv/eu/ ~/ 'L Address l\915~\\\tuJ\(~ Address t/670 (J14,( u:rx5d clr Address LflJO fri (( LV 6 oJ Address ~730 M~()dt> C:fic1t',- / AdJress17/1 f)ohUdJ C7f1~/b \\ ~\) fJ\- PETITION AGAINST BROOKSVILLE CENTER 1st ADDITION STONEGATEAPARTMENTS CONDITIONAL USE PERMIT REQUEST We the undersigned, protest the conditional use permit request for the construction of a 43 unit multiple family dwelling located on Lot 2, Block 3, Brooksville Center 1st Addition, Prior Lake, Minnesota. Reasons for the petition is based on the following items. . Road traffic on Toronto Avenue will increase. Road traffic on Toronto is already high, and with the addition of the Busse Property Youth Athletic Complex and the addition of the proposed post office on Toronto Avenue, traffic will increase even more. . More traffic on Toronto means unsafe conditions for children at play; . Water run-off is already a problem on that intersection; . The loss of trees on the lot will ruin an aesthetic pleasing view; . The addition of another apartment complex near the W oodridge Estates will decrease property values, and; . An apartment complex on Toronto Avenue close to Woodridge Estate will lose neighborhood character. Name: -'1" l~tJmA--5 HE (StJN Name: D~' ~ Address tie; lit /I^/IJ II/ilv j/t~L $. C, W3t ~u~7MlJ6. Address Name:M ~ Address t./'I/S ~I\J V(c~J !rutl Address 44ft) fbrcJ4./ll~') IrCU1, Address 1fJ2( &IVlfMJ/YL AddressjY1-l) fDf\d 0\tW T r . Address 44 2cr POnd~ew Tr~('&. Address 1/1/1I'PoNJ()/Ew'~ SE Name: Name~,. Name: Name: Name:J~ ~ Nam. Address '-{'-Ita ~ IZ.,. J~ l<w- j.,.. S- r: . Address W~3~/,eaJT .r:E I Address Cf9g( ~~;u.-J;. S' E Name: Name: \\ ~\ \\00 PETITION AGAINST BROOKSVILLE CENTER 1st ADDITION STONEGA TE APARTMENTS CONDITIONAL USE PERMIT REQUEST We the undersigned, protest the conditional use permit request for the construction of a 43 unit multiple family dwelling located on Lot 2, Block 3, Brooksville Center 1st Addition, Prior Lake, Minnesota. Reasons for the petition is based on the following items. . Road traffic on Toronto Avenue will increase. Road traffic on Toronto is already high, and with the addition of the Busse Property Youth Athletic Complex and the addition ofthe proposed post office on Toronto Avenue, traffic will increase even more. . More traffic on Toronto means unsafe conditions for children at play; . Water run-off is already a problem on that intersection; . The loss of trees on the lot will ruin an aesthetic pleasing view; . The addition of another apartment complex near the W oodridge Estates will decrease property values, and; . An apartment complex on Toronto Avenue close to Woodridge Estate will lose neighb hood characte . Name: Name: Name: \.... Name:.'\ N :=#~ff Address 45~)- PoLO/vif:l.lJ UZ~ Address LJ 544 Pc rYW j~) If L Sf < Address 'I~-;2G 1t1Vc/"'/~W if. t{'~- Address t/ ~ ) ~ P (fl1r:/;JIe~) /r1 SC Address 4510 ?~T~. $t; Addres~-\'- ~ (1 ~~\?C) \ .1\. (~ ~j \ '-i' ~ A )~ - ~ Address Yilt, P61l.JtI,"ew TIf( SF Address 4-:/P6 71/Jclt/Jet-d ..~S-E Address /f47rj- I6#DLlIt5'W 7J. < Jl~ AddressLfl-fC::.6 PD~J. e..u Tf!- S z Address~-f ,ihfl(t/~>>} '1/l ~Ec- \\ ;).. bJ{ ;b () PETITION AGAINST BROOKSVlLLE CENTER 1st ADDITION STONEGA TE APARTMENTS CONDITIONAL USE PERMIT REQUEST We the undersigned, protest the conditional use permit request for the construction of a 43 unit multiple family dwelling located on Lot 2, Block 3, Brooksville Center 1st Addition, Prior Lake, Minnesota. Reasons for the petition is based on the following items. . Road traffic on Toronto Avenue will increase. Road traffic on Toronto is already high, and with the addition of the Busse Property Youth Athletic Complex and the addition of the proposed post office on Toronto Avenue, traffic will increase even more. . More traffic on Toronto means unsafe conditions for children at play; . Water run-off is already a problem on that intersection; . The loss of trees on the lot will ruin an aesthetic pleasing view; . The addition of another apartment complex near the W oodridge Estates will decrease property values, and; WI" ~ \ose . An apartment complex on Toronto Avenue close to Woodridge Estate ~vitlt lease neighborhood character. Namet2e/iJiYitD~1d/f Address /7057 7-tY?&.P70 TltJ~. Address J'71J571~ a()~ Address 17 o~ ( -re,'<.OI'Jfc A- cfc AddressJ1()4( l~ -/+1I-<z AddressJjOlSlOfOr'\n A\R S.t.; Address 1120(00 1otoJ-o ~f. Address n oba 1fYU:JYito C&L S-G Name: Name: Name: Address Name: Address Name: Address Name: Address 1\ - -----~~--_._.._--- Q/J C( /00 PETITION AGAINST BROOKSVlLLE CENTER 1st ADDITION STONEGATE APARTMENtS CONDITIONAL USE PERMIT RtQUEST We the undersigned, protest the conditional use permit request for the construction of a 43 unit multiple family dwelling located on Lot 2, Block 3, Brooksville Center Ist Addition, Prior Lake, Minnesota. Reasons for the petition is based on the following items. . Road traffic on Toronto Avenue will increase. Road traffic on Toronto is already high, and with the addition of the Busse Property Youth Athletic Complex and the addition of the proposed post office on Toronto Avenue, traffic will increase even more. . More traffic on Toronto means unsafe conditions for children at play; . Water run-off is already a problem on that intersection; . The loss of trees on the lot will ruin an aesthetic pleasing view; . The addition of another apartment complex near the W oodridge Estates will decrease property values, and; Wit I., . An apartment complex on Toronto Avenue close to Woodridge Estate ~ lose neighborhood character. NameObV~ f&- ~.. (/( -=- Nam~J)JVI /PJ).)j~~ ,-R@ Name~~ Name:'Jlm 6DJJ AY) NameC ~ A Name ~\Z\. ..~~ ~~~ Name ~ Name - .. -; "_ - --=-, :::1~~ Name ~ loir Address /70;J... 6T~ to ~~. ~JE- Address i 7 010 7avuvrfO h.e sf: Address /707~ 'wc'ru4-e&SE Address 1,0"1 to IOrrm4o ~st Address \,~O)< \bCOC\\o ~ 5:- \""lL~ - { A L'f;" Address { , OrO^To VII..-;:' AddressJ1illl --( fJ\nJ-n \L\.u S~ Address J 7/fX) tJcdJ V!U..J cT AddressJ,'1\Oc\ W~{~..(JJ d c AddrdS 17/zo W~"/~ C/- <;e. Address )1 I, 'J:O lJDoJur~ r!t.... >'E" \\ f} /~J1 /0 0 PETITION AGAINST BROOKSVlLLE CENTER 1st ADDITION STONE GATE APARTMENTS CONDITIONAL USE PERMIT REQUEST We the undersigned, protest the conditional use permit request for the construction of a 43 unit multiple family dwelling located on Lot 2, Block 3, Brooksville Center 1st Addition, Prior Lake, Minnesota. Reasons for the petition is based on the following items. . Road traffic on Toronto Avenue will increase. Road traffic on Toronto is already high, and with the addition of the Busse Property Youth Athletic Complex and the addition of the proposed post office on Toronto Avenue, traffic will increase even more. . More traffic on Toronto means unsafe conditions for children at play; . Water run-offis already a problem on that intersection; . The loss of trees on the lot will ruin an aesthetic pleasing view; . The addition of another apartment complex near the W oodridge Estates will decrease property values, and; WI/./... . An apartment complex on Toronto Avenue close to Woodridge Estate ~lose neighborhood character. Name: Name: Name: Name: Name: Address /7/.'3( I/tfyd/fJ/{~ (f5~ Address /7/3i W()V~()/~ ~~e, Address /7/'lC4 -' (;J0J tJ}~,) ~E. Address /tJ-ol W~~iJ\f f' vJ Ci. StZ. Address J -:; Z oj Lv" t?~Y Vj E W C- ?:'.~ E Address/J.v/ WJODVlcfJ C7. 2.E... Address /7..1-11 W ~ (j Q v I G--tJ &~ ~ Address 17,~:l7 u/?':J11i/ ':: C r: Address/7~?f. tJ(~ f!:;(o Address (7) W lJ--l\~ ~. I...... - Address! 72.10 U/~lIt/lle i?/ \\ 9-~ q /00 PETITION AGAINST BROOKSVILLE CENTER 1st ADDITION STONEGATEAPARTMENTS CONDITIONAL USE PERMIT REQUEST We the undersigned, protest the conditional use permit request for the construction of a 43 unit multiple family dwelling located on Lot 2, Block 3, Brooksville Center 1st Addition, Prior Lake, Minnesota. Reasons for the petition is based on the following items. . Road traffic on Toronto Avenue will increase. Road traffic on Toronto is already high, and with the addition of the Busse Property Youth Athletic Complex and the addition of the proposed post office on Toronto Avenue, traffic will increase even more. . More traffic on Toronto means unsafe conditions for children at play; . Water run-off is already a problem on that intersection; . The loss of trees on the lot will ruin an aesthetic pleasing view; . The addition of another apartment complex near the W oodridge Estates will decrease property values, and; (,J'''''' . An apartment complex on Toronto Avenue close to Woodridge Estate ~ lose neighborhood character. Name: Name: Name: Name: Name: Name: Name: Name: Name: Name: Address \1 \\, II '(r(\l5\UA:J Co.). tt Address Or" l~ '(fr\ Q\DN Cuu ~ Address 4 '=>>'-\0 OOJ-I.UD~ c...\ If d.e..- AddresM ~'i ~ Oc...t vJ lb~ G:., ItcJ -<:.- S.E . Address ytsl/ ()q ~WOtJJ (i{(,/e Sf Address C;~~t-> {}4!~ (' / S <[ r Address '/i61; I~:t:d (3 ~b Address 4107 e OAI~w Del (,:.~ S E. Address~to '1 <6 {)a.k.wa:::xd G V S L Address Address ~ MAR-10-00 10:39 AM PLASSEMBLY 6124472796 P.01 Fax f# 447.4245 Prior Lake City Council Planning.Commission Attention: Jcnni T9var. Planner This is to inform you that I am opposed to the building of a 43 unit multiple family dwelling at Lot 2, Block 3, Brookvillc Center 151. Addtion at the Sf. corner of Tower Street & Toronto Avenue in Prior Lake. My name is Jane Hagen and I live at 4660 Tower Street in 1# 113, on the ground level. I feel that this building will cause the value of my l;ondo to be lowered considerably. Sincerely, Jane lIagen 4660 Tower Slreet SE Prior Lake. 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DATE: March 1, 2000 TO: Jenni Tovar, Planner FROM: Sue McDermott, Assistant City Engine~V.o RE: Stonegate Apartments (Project #34-00) The Engineering Department has reviewed the plans for the subject project and we have the following comments: 1. Provide a detailed traffic control plan to be implemented during utility construction on Tower Street prior to utility construction. There are a lot of apartments to the east ofthis site and Tower is a dead end street. 2. Show the location of the rock construction entrance on the plan. 3. Storm sewer is needed at this site. Install catch basins in the driveway entrance at Tower Street. Extend pipe to the comer of Tower and Toronto for future connection by City. (see attached sketch) Provide runoff calculations for existing and developed conditions. g: \projects\2000\34stone\review2 .doc ---------------.--.----- - -- ..- --- G-G- ~ .-9-- - .-. .- ! t~T -.-J -Tj J .1' tQ) T A7T_T [-E -4[-E__ -20--W GV. / I R 01 ~ll Ii Tf. 1 -.- I ._ _. L..I I...-.- . T- - · .t- -T .[~[ [_ ~T- E-[ T ;,..4- '20--W- 8"-"'- S ,:"",,1 \ 8--$ ~til.~~- ~Jf lJ q; --G ~, G ~-1 / G~ ~ INTO; .. 01___ ~ ~ C -.J - ~ '. t -. . . i .; J ,:. ! I . i ^, I '. I 1 .- -RETAJ~ .W% (each) / MAX. . ~'lj.. Qj \ '. .; I. ~ ~ -?" ~V~ /. ~~ ~G1 Q I" i ! ~~ · R ~~ ~~ "2 <:to ~ .) ~~ ~ 1 1:1 1 \ mi~ ..... ~ ~ "" J S f~ ~j :c:- 0001 1/66- - 966- - -M6- -- - -Z66- - 066- 1/1/6-___ .~ ... ~1 .2 g l~ -:s 1;::1 Co ~2' l~ "t;1> ~~ ..II) -SI ~,2 8g '" ~ --- / / __J_ -- ../ ---- - -- ~I - HIVd snoNlr ---- - 3 . .:: ..... .:.. .,.:>.:.:.; I ~ GOALS, OBJECTIVES AND POLICIES "'-... _~ A. GOAL: SillTABLE HOUSING AND ENVIRONMENT Encourage the development of suitable housing in a desirable environment. OBJECTIVE No.1: Provide opportunities for a variety of affordable high quality housing. POLICIES: a. Codes and ordinances relating to development, redevelopment, and maintenance of housing shall be adopted and periodically reviewed to ensure specific direction is provided regarding affordable uses in each district and regarding minimum development standards. b. Review annually the current and planned programs of the Scott County Housing and Redevelopment Authority. c. Maintain development standards and housing policies that allow for low and moderate cost housing opportunities. d. Develop and consider for adoption a code enforcement program for existing housing. e. Develop and maintain regulations that permit a mix of housing types, sizes and price ranges to be provided throughout the City. C.' OBJECTIVE No.2: Maintain a choice of and encourage development of quality residential environments. POLICIES: a. Maintain a variety of residential densities (dwelling units per acre). b. Ensure that public services and on-site improvements are completed at the time of residential development. c. The burden of a satisfactory transition from one density or dwelling type to another is the rests with the developer seeking development plan approval. d. Discourage new residential subdivisions in isolated areas that have little or no potential to either develop into a viable neighborhood or to assimilate with an established neighborhood. e. Consideration of development plans for multiple dwellings in areas so designated on the Land Use Guide Plan should include the following design-related items: (1) New developments should not isolate existing single family dwellings by inhibiting pedestrian and/or vehicular access. Comprehensive Plan 2020 Chapter 2 Page 25 \... (2) New development completely surrounded by single family dwellings, should be discouraged in favor of large scale planned unit developments which are more conducive to a mix of housing styles with shared amenities. (3) There should be convenient access to collector and arterial streets and to available transit so to not unduly contribute to congestion on local residential streets. (4) Large common open areas may provide an effective transitional use to other uses. (5) Location near permanent public and private open spaces may compensate for the impact of the higher density. f. Create and enhance neighborhoods that provide parks and open spaces, public access to natural amenities located on and adjacent to the site, and pedestrian linkages throughout and among adjacent neighborhoods. g. Incorporate historical and natural features to the maximum feasible extent. h. Provide pedestrian access to commercial and industrial centers, public lands, and schools. 1. Avoid designs that isolate neighborhoods. Provide traffic or pedestrian circulation within and between developments. J. Avoid or mitigate encroachment by incompatible land uses which can have a negative impact on the residential living environment. Mitigation measures include, but are not limited to, the use of open space, berms, dense landscaping vegetation, and similar buffers. k. Allow higher density multiple dwelling housing in areas within close proximity of existing support services and facilities, and where there is adequate access to collector and arterial streets. 1. Ensure new development includes design features such as buffering, screening, and spatial separation from collector and arterial streets; and from anticipated adverse environmental impacts including, but not limited to, noise and air pollution. m. Link neighborhoods to each other, and to parks, schools and commercial centers via local streets or pedestrian trails. n. Ensure subdivisions are designed to avoid direct private drive access from and to major collector and arterial streets. o. Promote innovative subdivision design and housing products through the use of the planned unit development process and similar techniques. p. Avoid locating high density housing to primarily serve as a buffer or as a land use suited for absorbing negative impacts of adjacent land uses. Comprehensive Plan 2020 Chapter 2 Page 26 High density housing should only be developed in those areas near support and commercial services. q. Support development designs that are tailored to environmentally sensitive areas containing rugged topography, wetlands, and woodlands. r. Code enforcement shall be used to keep illegal uses and physical deterioration from compromising the value and integrity of the housing stock within the community. s. Parking lots shall be screened to reduce the impact upon adjacent uses. t. Privatization of natural and historic features should be regulated to promote neighborhood identity and to allow the community to share the inherent value of prominent features. u. Neighborhoods and other land uses should be planned and developed in accordance with the Comprehensive Land Use Plan. Development proposals shall be thoroughly reviewed and evaluated to determine consistency with City plans and policies. v. Proposed revisions to the Land Use Guide Plan and requests for major extensions of public services or utilities to accommodate the proposed development and land uses shall be considered only after a thorough review and analysis of the City public facilities plans, potential environmental impacts, and merits of the changes. w. Development shall be conducted in a manner that is sensitive to the impact upon natural features and to environmental constraints, including but not limited to surface water, wetlands, slopes, woodlands, vegetation, drainage ways, shorelands, and flood plain areas. x. City policies and official controls shall provide opportunities for development of housing for all segments of the population. OBJECTIVE No.3: Provide suitable passive open space for the preservation of the natural environment and the enjoyment of residents. POLICIES: a. Retain natural ponding areas and wetlands, as appropriate. b. Promote platting of large planned unit developments. Comprehensive Plan 2020 Chapter 2 Page 27 /"'--, c.; HOUSING ANALYSIS. ISSUES AND NEEDS In general, the City's housing supply is adequate. The new luxury and move-up housing adds an important element to the City's supply and gives it diversity, not typically experienced in the past except for the houses and properties on the lake. The lake itself probably adds 10 to 20 percent of the market value to the houses which abut the lake and for those with access rights through a nearby marina. The percentage of lower cost or affordable housing is likely to drop because: 1) many of these units are being remodeled, expanded or demolished and 2) the volume and cost of new construction. Within the next 10 to 15 years, virtually all the cottages or summer homes are likely to be eliminated. However, the actual number of affordable units could increase if low cost housing is included in some new subdivisions. A reasonable supply of single family, duplex, and townhouse rentals exist in the community. These categories total approximately 258 rental units, which amounts to 6 percent of the total single family, duplex, and townhouse housing stock. One apparent gap in the housing supply appears to be the inadequate supply of newer apartment units. A freestanding growth community or a mature suburban community could be expected to have from 25 to 30 percent of its housing stock in apartments or multiple family developments. Only 12.85 percent of Prior Lake's housing supply is classified as multiple family or apartment. This percent is likely to continue to decrease based on the market demand for single family housing. The vacancy rate could be an indicator that there is an adequate amount . of multiple family and rental units in the community. However, Prior Lake does not have any new or modem apartment developments which incorporate amenities such as underground parking, swimming pool, community room, etc. This need and consideration of families who would occupy such units has been neglected primarily because the City's focus has been on family units abutting the lake and the absence of high employment centers has not created the demand. In addition, lack of direct freeway access also affects this housing type. The new river crossing and State Highway 169 bypass along with the attraction of more industry to Prior Lake and increases in empty-nesters will justify construction of this type of housing. Housing conditions are excellent and benefit substantially by the amenity and opportunities provided by Prior Lake and Spring Lake. The lakes contribute to some minor problems since recreational opportunities place additional burden on garages and houses relative to storing and maintaining recreational equipment. Too often the yards serve as areas for storage beyond a reasonable amount. Listed below are some of the assets and problems related to the lakes and the recreational opportunities: Assets 1. The lake's shape with its many bays provides a substantial shoreline which allows many properties to have access to the lake. 2. Lake marinas tend to spread the beneficial value of the lake impact beyond the lake. 3. Steep topography and wooded areas add interest and provide scenic views. Comprehensive Plan 2020 Chapter 3 Page 101 4. The lake prevents through traffic from using the residential streets. Problems 1. Fifteen percent of the yards were categorized as inadequate because of outside storage of boats, trailers, inoperable vehicles or other conditions. 2. Lake cabins and seasonal houses create some minor problems because they affect the visual conditions - but most are likely to be removed because of land values. 3. Some site development problems are related to setbacks, hills, slopes and the lakes. For example, less than minimum front yard setbacks exist in some locations and garages are sometimes located directly adjacent to the road. (Special setbacks may be required when a road abuts a lake and when the lot is affected by a shoreland setback of75 feet.) 4. Certain locations have an obsolete platting layout with dirt roads and a poor lot configuration. 5. In some cases a lot is split by a street. 6. Because some residential areas are faced with inappropriate on-street parking of trailers, some streets are signed prohibiting such parking, but the signs are often ignored. Other observations not necessarily attributed to the lake include the following: 1. Parking of trucks, cars and other vehicles in front yards (grassy area) is quite common. 2. Inadequate yard conditions often times appears in pairs or more, suggesting that the manner in which one owner uses property affects how others use property. 3. The size of the lot and the intensity of the yard deficiencies impact the impression of the neighborhood. For example, more deficiencies on smaller lots tends to establish a more blighting condition than would be the case with the same number of deficiencies on larger lots. If the house and garage are small, it can cause the owner to use the yard for activities and functions that might otherwise be conducted inside. 4. There is a correlation between dirt roads and house and yard conditions. 5. A substantial amount of infrastructure improvement and new housing is underway in the Shakopee Mdewankanton Sioux community. In some locations conditions are spotty because of older and obsolete dwellings, the number of dumpsters in the area andyard conditions. Housing is quite mixed in terms of type and size, ranging from mobile homes to large new houses. Some units have attached garages as well as detached garages. From a demographic stand point Prior Lake is becoming more diversified in terms of family size, age, and income. Housing costs are accelerating primarily because new subdivisions are offering substantial amenity, relatively large lots and construction of more housing for the move-up market. However, a significant amount of affordable and moderate cost housing remains available. Comprehensive Plan 2020 Chapter 3 Page 102 As the population grows and the community becomes more diverse with respect to employment opportunities and growth in retail and service functions, more need for housing assistance will probably be evident. More housing for empty-nesters and young single individuals without children may become a growing need within the next 15 years. An adequate land supply should be available based on the amount of vacant residential land in the community and in the Orderly Annexation area. Housing Issues and Needs (not listed in order of priority): 1. Lack of new and well designed apartment developments. 2. Yard Conditions. 3. Pockets of blight. 4. Escalating land cost. 5. Escalating cost of new single family housing. 6. Lack of code enforcement or a need for code enforcement with respect to housing and yard conditions. 7. Inadequate improvement and aesthetics of certain residential streets. 8. Too much focus is on the lake, to the extent that other issues are neglected. 9. Neighborhood fragmentation caused by lake and wetlands, steep slopes and topography. 10. Lack of easy access to the metropolitan transportation system. 11. Continued preservation of neighborhood areas. l2~ Multi-family apartment design standards may be lacking or may need to be established to ensure quality design and a healthful living environment when this. market reemerges. 13. Can Prior Lake keep up with the pace of residential growth including the need for more parks, recreation beyond the lake, trails and need for connecting links such as to the schools/parks? (Currently residential development is elongated generally along the alignment of Prior Lake. Residential areas do not have a lot of depth, but as the community expands and fills in, e.g. from Mystic Lake to Prior Lake, open space links to public facilities become important.) 14. Retail sales and services areas to serve the residents as well as Mystic Lake Casino could cause some conflicts - traffic pattern issues and the types of uses that might be targeted for the market. 15. Need for single family rehabilitation program. For example: smaller older housing in Town Center area, spot locations along the lake - some 54 units were found in the survey. Without code enforcement and/or a rehabilitation program the number of deteriorating units could grow and blighting influences could spread. 16. Public access to the lake. 17. Trails for pedestrians and bikes. 18. City Center tie to all of Prior Lake? 19. Is the subdivision ordinance adequate or serve the purpose intended in terms of the future? 20. More senior citizen housing and empty-nester housing will be needed. Comprehensive Plan 2020 Chapter 3 Page 103 21. Preventing adverse impacts from the casino and the sales and service facilities likely to be provided adjacent to the casino area. 22. Multiple family rehabilitation - modernization (many cities are facing the need for major renovation of such buildings and in a few cases, buildings 30 years old or so are being tom down if they were of minimal design and construction originally and if they have experienced heavy wear and tear. Comprehensive Plan 2020 Chapter 3 Page 104 HOUSING GOAL~ POLICIES AND OBJECTIVF.S The City has five Goals. The first Goal deals with housing and the environment. The Goal is stated below. HOUSING GOAL: Encourage the development and maintenance of suitable housing in a desirable environment. To achieve the housing goal, Prior Lake's neighborhoods and diverse housing supply must be maintained. Older units may need to be rehabilitated. Quality building and excellent site design are important to insure new multiple family housing and other housing meets the needs of the residents and to be positive additions to the neighborhoods. Adherence to the housing objectives and policies which follow will result in achieving the housing goal. Objectives and policies in support of this goal are listed below. OBJECTIVE 1 - Mfordable Quality Housing: Provide opportunities for a variety of affordable quality housing. POLICIES: a. Codes and Ordinances - Codes and ordinances relating to development, redevelopment, and maintenance of housing shall be adopted and periodically reviewed to ensure specific direction is provided regarding affordable uses in each district and regarding minimum development standards. b. Scott County HRA - Review annually the current and planned programs of the Scott County Housing and Redevelopment Authority. c. Allow for Low and Moderate Cost Housing - Maintain development standards and housing policies that allow for low and moderate cost housing opportunities. d. Housing Mix - Develop and maintain regulations that permit a mix of housing types, sizes and price ranges to be provided through the City. OBJECTIVE 2 - Quality Residential Environments: Maintain a choice of and encourage development of quality residential environments. POLICIES: a. Density - Maintain a variety of residential densities (units per acre). b. Community Structure Concept - Utilize a community structure concept that is focused upon neighborhoods as the framework for developing and redeveloping residential areas. Comprehensive Plan 2020 Chapter 3 Page 105 c. Residential Development - Ensure that public services and on-si, improvements are completed at the time of residential development. d. Industrial I Commercial Encroachment - Protect residential areas industrial and commercial encroachment to the maximum practicable extent; recognizing that the degree of encroachment may vary with isolated single family developments, which are part of an urban neighborhood. e. Developer's Burden - The burden ofa satisfactory transition from one density or dwelling type to another rests with the developer seeking development plan approval. f. Viable Neighborhoods - Discourage new residential subdivisions in isolated areas that have little or no potential to either develop into a viable neighborhood or to assimilate with an established neighborhood. g. Multiple family Development - Consideration of development plans for multiple family dwellings in areas so designated on the Land Use Guide Plan, should include the following design-related items: 1) New developments should not isolate existing single family dwellings by inhibiting pedestrian and/or vehicular access. 2) New development completely surrounded by single family dwellings, should be discouraged in favor of large scale planned unit developments which are more conducive to a mix of housing styles with shared amenities. 3) There should be convenient access to collector and arterial streets and to available transit so to not unduly contribute to congestion on local residential streets. 4) Large common open areas may provide an effective transitional use to other uses. h. Code Enforcement Program - Develop and consider for adoption a code enforcement program for existing housing. OBJECTIVE 3 - Open Space Preservation: Provide suitable passive open space for the preservation of the natural environment and the enjoyment of residents. POLICIES: a. Ponding and Wetlands - Retain natural ponding areas and, as applicable per state law, wetlands. b. Large Planned Unit Developments - Promote platting of large planned unit developments. ',,"'-...... Comprehensive Plan 2020 Chapter 3 Page 1 06 METROPOLITAN LIVABLE COMMUNITIES ACT BACKGROUND In 1995, the Minnesota legislature pas~ed the Metropolitan Livable Communities Act. The Act is a new effort toward developing regional solutions to the problems of the declining tax base in older communities, urban sprawl, and ,affordable housing in suburbs. The Act created three funds administered by the Metropolitan, Council to assist communities in cleaning up polluted land (Tax Base Revitalization Account), developing innovative projects to revitalize neighborhoods and encourage efficient deveJopment (Livable Communities Demonstration Account), and to develop affordable and life-cycle housing in the suburbs (Local Housing Incentive Account). Affordable housing for the metropolitan~area is based on 80 percent of the median family income and with no more than 30 percent ofthegross family income spent on housing. Using the 1994 incomes, the Metropolitan Council has calculated this to be $500 per month for rent and $115,000 for the purchase price of a home. The Metropolitan Council has evaluated cities in the metropolitan area and established "benchmarks" for clusters of communities. An; "index" which shows how each City compares with the benchmark was also computed, Table 26, Prior Lake Index and Benchmark, is the Metropolitan Council's computation for Prior L~e. The GOAL column will be completed by the City, prior to preparation of the Action Plan. The estimated Mfordable and Life-Cycle Housing Opportunities Amount (ALHOA) for Prior Lake in 1997 is $26,557. Prior Lake has passed a resolution electing to participate the Local Housing Incentives Account Program which is under the Metropolitan Livable Communities Act. Comprehensive Plan 2020 Chapter 3 Page 107 IMPLEMENTATION Introduction This section of the Plan is intended to provide a detailed listing of the measures the City intends to take in achieving the Housing goals listed in this Plan. These measures take a variety of forms and require action by different groups! and agencies. As a result, some of these goals may be readily achieved in a short period of time while others may be difficult to achieve or may take a considerable length of time before they are realized. Where possible, specific time frames for action have been identified, with the idea that these dates are not hard ~d fast commitments but rather are targets which the City hopes to meet. The format of this section is based on the Housing goals, objectives and policies contained in the Goals section of this plan. Specific actions will be linked to the adopted objectives and policies and, as indicated, potential time frames will be identified. Steps to achieve specific goals. objectives and policies The City's Comprehensive Plan identifips five (5) major goals, the first of which deals with housing and the environment. This goal is as follows: HOUSING GOAL: Encourage the! development and maintenance of suitable housing in a desirable environment. The remaining four (4) goals relate to economic vitality, security, access and human development. This Implementation section deals only with the Housing goal noted above. In order to achieve this goal, Prior L~e's neighborhoods and diverse housing supply must be maintained. Older housing units m~y require rehabilitation. Quality building and excellent site design are important to insure that new multiple family and other housing meets the needs of the residents and is a positive addition to the neighborhood. Adherence to the following objectives and policies by means of the action steps listed will assist the City in achieving its' stated goal. OBJECTIVE 1 - Provide opportunities for a variety of affordable quality housing Policies a. Codes and ordinances: Codes and ordinances relating to development, redevelopment and maintenance of housing shall be adopted and periodically reviewed to insure specific direction is provided regarding affordable housing in each district and minimum development standards. Comprehensive Plan 2020 Chapter 3 Page 108 ACTION STEPS During the remainder of 1996 and into early 1997, the City will focus on the review and amendment of its' zoning and subdivision ordinances. Both ordinances are several years old and do not adequately deal with housing and development issues currently facing the city. The review will focus on development and perforIl11ance standards. The goal is to adopt amended ordinances by March of 1997. b. Scott County BRA: Review annually the cUrrent and planned programs of the Scott County Housing and Redevelopment Authority. ACTION STEPS In addition to the annual review, the Citr endorses the 5 year action plan developed by the HRA because of the close tie between the goals of the County program and the housing goals adopted by the City as part of the Livable Corrununities program. ~FJ:i'QRP~mJ. Ownership Rental .ljUs~*Q~QnE .iin Type (Non-single family detached) Owner/renter mix ..... ................. ..........C..TV. .. .1... . :i..( <f << .. .. ............."............ ..................."..-. .................,,-...... ...........-..-.......... 71% 39% . .. . . , - .. ........."TmVI..ND... '1:\"'..... :~:>\~/\})(\ :r~:.)~}i~t.:. ;:. ,:: :'.-;~~}f~~r . d. ............._..._.____._............... .... 0................ _ ____..__.......... .... 20% :iJJEN<JHMAItI(I .......... .......-.......'..................................................,'................. 64% - 69% 32% - 53% :?nENQH~ 35% - 38% ;\1Q.M#i:; 50% 32% ..H.!i~Q~::.. 35% 81 % / 19% 70-75% / 25-30% 75%- 25% ;;(jOAn::: . . .. ................................ .... .........-..... ... .. 1.9/acre II/acre Single family detached lVIllltifamil)f Source: lVIetropolitan Council ~~JJ~J~~~!.;l!~N~~:: 1.8/acre 1.9 - 2.3 acres 9/acre 10 - 11 acres In terms of number of units, the percentages above reveal the following: In 1995, there were 4,958 housing units in the City. Of these, 3,072 were defined as affordable by Livable Communities criteria. By 2010, it is estimated there will be 7,700 housing units in the City, or an increase of 2,742 units. Applying the goals to these numbers indicates that 3,445 of these units must fall within the definition of affordable. Consequently, of the 2,742 units to be added, 373 units must fall within the limits of affordability in order for the City to achieve its' goals. This breaks down to 206 owner-occupied units and 167 rental units, or 14 owner-occupied and 12 rental units per year for the next 14 years. Comprehensive Plan 2020 Chapter 3 Page 109 The affordability will be partially addressed by the ordinance review to be undertaken by the City, but much of the progress toward the affordability goals will be the result of action by the Scott County HRA. The details of the County program are listed below. The Metropolitan Livable Communities Act requires that participating communities adopt housing agreements and establish an action plan for housing activities to be undertaken. In Scott County, there exists a county wide housing and redevelopment authority which addresses the public sector affordable housing concerns in communities throughout the county. The plan herein outlines the programs currently offered as well as the efforts anticipated to be undertaken by the Scott county Housing and Redevelopment authority and the City of Prior Lake. A five (5) year time frame was selected to coincide with the results of a county-wide rental housing market analysis and demand estimate prepared by Maxfield Research Group, Inc., in November 1995. The results of this program will be reviewed by the City annually and input provided to the HRA as necessary. The City will also provide information and assistance to the HRA in the development of the next 5 year HRA program. In compiling the attached document, it is assumed that the private sector will ensure the development of adequate numbers of market rate and upper scale housing units. The programs noted herein focus exclusively on the development and/or preservation of affordable housing. Thus, each program plays a part in the provision of affordable and life cycle housing in the City of Prior Lake. The following denotes those activities that will be undertaken by the Scott County Housing and Redevelopment Authority (SC-HRA) in an effort to achieve the affordable housing goals. HOME OWNERSHIP Affordable Financing · It is anticipated that 30 units of housing will be purchased through first time homebuyer programs funded by mortgage revenue bonds from the SCS-HRA's bonding allocation and refunded bonds. Tax forfeiture land resources will also assist first time homebuyers on new construction. Downpayment Assistance · The SC-HRA will work with those lenders who have participated in past first time homebuyer programs for downpayment assistance to 15 units of affordable housing. Home Rehabilitation · The SC-HRA will apply for 10 home energy loans through MHF A. Comprehensive Plan 2020 Chapter 3 Page 110 · MHF A low interest loans will be utilized to fund home owner rehabilitation for 10 units of affordable housing. The Scott County Housing and Redevelopment Authority currently owns and administers the following affordable housing programs in the City of Prior Lake. · Forty-two (42) Section 8 Rental Assistance Certificates serving 42 low/moderate income families. · Forty (40) units of elderly public housing through the department of housing and urban development (HUD). · Four (4) units of family housing through the department of housing and urban development (Hun). · Four (4) units of transitional housing. Subtotal = 90 units Privately Owned/Subsidized Housing · Highwood Townhomes, 36 general occupancy units. · Kestrel Village Apartments, 48 general occupancy units. Subtotal = 84 units Total units = 174. Project household total by the year 2000 = 269. RENT AI, HOUSINQ New Construction · The SC-HRA intends to build 20-30 moderate rent general occupancy family townhomes in a two site development. Essential Function Bonds, Tax Forfeiture Land Resources and SC- HRA Special Benefits Tax Levy will be the primary source of funding. Tenant Based Subsidy · The SC-HRA will prepare and submit applications for Section 8 Rental Assistance Certificates. Subtotal = 95 units Comprehensive Plan 2020 Chapter 3 Page 111 c. Allow for low and moderate cost housing: Maintain development standards and policies that allow for low and moderate cost housing opportunities. ACTION STEPS The 5 year program outlined by Scott County will assist the City in meeting this policy. In addition, the Comprehensive Plan has designated significant areas for high density residential development, which will be reflected in the zoning ordinance update discussed above. In addition, the ordinance review will focus on development and performance standards, with particular attention paid to the following: · Minimum .lot sizes · Densities · Development fees · Setbacks · Street design standards The current ordinance provides for density increases through the PUD process, either by allowing smaller lot sizes or more units per acre. The ordinance also allows for zero lot lines and cluster development in single family districts where appropriate. The City recently adopted a tree preservation ordinance with significant input from the development community. As a result, the City adopted a replacement ratio for lost trees which is lower than that generally applied in the metropolitan area. As indicated, the recently adopted and approved Comprehensive Plan designated a significant acreage for medium and high density residential development. Approximately 220 additional acres of high density residential land was added in the current Plan. d. Housing mix- Develop and maintain regulations that permit a mix of housing types, sizes and price ranges to be provided throughout the City. ACTION STEPS The zoning ordinance currently allows for a range of housing types, including single family, duplex, townhouses and multiple family dwellings. This variety of housing types will be maintained in the new zoning ordinance scheduled for adoption by March of 1997. As noted above, the review of development standards will consider a number of areas which affect housing prices and will also be reflected in the new ordinance. OBJECTIVE 2- Quality residential environments: Maintain a choice of and encourage development of quality residential environments. Comprehensive Plan 2020 Chapter 3 Page 112 Policies a. Density: Maintain a variety of residential densities (units per acre) ACTION STEPS As noted previously, the Comprehensive Plan has increased the range of permitted densities in the City from the previous high of 18 units per acre to 30 units per acre. The zoning ordinance expected to be adopted by March, 1997 will reflect this increase in maximum densities. b. Community structure concept: Utilize a community structure concept that is focused upon neighborhoods as the framework for developing and redeveloping residential areas. ACTION STEPS The Comprehensive Plan contains a section of specific objectives for each neighborhood in the City. These objectives cover virtually every aspect of community development, including land use, transportation, parks and open space, aesthetics, housing and capital imprQvtments. These objectives will be addressed in the zoning ordinance amendments to the extentpossible. Other items which are not zoning-related will serve as input to the City Capital Improvement Program. It is not possible to attach a time frame to this policy as most items will be accomplished incrementally on a year to year basis. c. Residential Development: Insure that public servIces and on-site improvements are completed at the time of residential development. ACTION STEPS The subdivision ordinance requires that public utilities and on-site improvements be installed before building permits or certificates of occupancy are issued. This process will be refined during the review of the subdivision ordinance which will be completed by March, 1997. d. IndustriaJlCommercial: Protect residential areas from industrial and commercial encroachment to the maximum practicable extent, recognizing that the degree of encroachment may vary with isolated single family developments. which are part of an urban neighborhood. ACTION STEPS The Comprehensive Plan proposes new commercial and industrial development in areas which are either remote from existing residential areas or where natural buffers such as wetlands are available. The new zoning ordinance will strengthen the requirements for screening and buffering between residential and non-residential land uses. Comprehensive Plan 2020 Chapter 3 Page 113 e. Developers responsibilitY: The burden of a satisfactory transition from one density or dwelling type to another rests with the developer seeking development plan approval. ACTION STEPS The new zoning ordinance to be developed will provide definitive rules covering the transition in addition to current regulations dealing with screening and landscaping. f. Viable Neighborhoods: Discourage new residential subdivisions in isolated areas that have little or no potential to either develop into a viable neighborhood or to assimilate with an existing neighborhood. ACTION STEPS The Comprehensive Plan identifies areas for new residential development. These areas are intended to be large enough to allow the kind of development which will result in viable neighborhood areas, either as free-standing areas or as connections to existing areas. Plan policies encourage the connection of neighborhoods, either by streets or pedestrian trails and the current subdivision ordinance requires new developments to connect with existing streets that exist at the boundary of a new subdivision. g. Multiple family Development: Consideration of development plans for multiple family dwellings in areas so designated on the Land Use Guide Plan should include the following design-related items: 1. New developments should not isolate existing single family dwellings by inhibiting pedestrian or vehicular access. 2. New development completely surrounded by single family dwellings should be discouraged in favor of large scale planned unit developments which are more conducive to a mix of housing styles with shared amenities. 3. There should be convenient access to collector and arterial streets and to available transit so as not to unduly contribute to congestion on local residential streets. 4. Large common open spaces may provide an effective transitional us to other land uses. ACTION STEPS The Plan establishes significant areas which satisfy the above criteria. The new zoning ordinance will translate these criteria into regulations with which new development will have to comply. h. Code Enforcement: Develop and consider for adoption a code enforcement program for existing housing. Comprehensive Plan 2020 Chapter 3 Page 114 ACTION STEPS This program will be developed during late 1999 and early 2000 for consideration by the City Council. Comprehensive Plan 2020 Chapter 3 Page 115 II II I I I I I I I I I I I f Traffic Impact Study The Busse Property Park Development City of Prior Lake Spring Lake Township BMI Project No. TC9.90151 November, 1999 A. Background The City of Prior lake has proposed a new youth athletic park, including soccer and baseball fields along Mushtown Road, directly across from the southerly access road of Ponds ParklMangan Fields. See Figure 1. The proposed park, at full development, will contain 4 soccer fields, 4 youth baseball/softball fields on 38 acres. The anticipated schedule of the soccer and basebal1Jsoftball fields is located in Appendix A. Representatives of the City of Prior Lake and Spring Lake Township have had numerous meetings to discuss this development and to review the local residents concerns with this park development. One of these concerns is the traffic impact of this park development onto the adjacent roadways, specifically Mushtown Road, Toronto Avenue, 180th Street East and Revere Way (Co. Rd 87). Officials from the City of Prior Lake, Spring Lake Township and Scott County met on July 7, 1999 to discuss the goals of this study. These goals are as follows: 1. Detennine the trip generation potential of the Busse property park development, and review the impacts to Mushtown Road, Toronto Avenue, 180th Street E. and Revere Way (Co. Rd. 87). The impacts to be reviewed will include the existing and projected traffic, and the roadway capacity (based upon Met Council guidelines). 2. Detennine the traveling speed of the existing vehicles presently using Mushtown Road. 3. Review the pedestrian and bicycle access at Mushtown Road and the park access intersection and make the appropriate recommendations. F;\PLAK\TCq901S1 \BUSSERPT.929.wpd -1- t ~i ;fTriP Generation and Traffic Impacts of the Busse property park Development .-'Field Data ~r to determine the trip generation potential of the Busse property park, the following data ~uired for this study. Copies of this data are located in Appendix B. The County staff has acquired 48 hour traffic counts at the two entrances to the Ponds Park. b. The County staff has acquired 48 hour traffic counts along Mushtown Road both easterly and westerly (2 locations) of the proposed park access point, as well as on Toronto Avenue and 180th Street. c. Acreage of parks and usage schedules were furnished by City staff. #ng Institute of Transportation Engineers trip generation and distribution methods, and the e1rlcle volumes from Ponds Park (Item 1. above), traffic generated by the Busse property park . distributed onto the existing roadway, and impacts to Mushtown Road, Toronto A venue and th Street were reviewed. Trip Generation Analysis onds Park contains four soccer fields, nine baseba11/softball fields and covers 70 acres. The eld counts on July 7th and July 8th indicate that there were 1,246 vehicles using the l70th 'trance/exit and 21 vehicles using the southerly entrance/exit at Mushtown Road. There were be (6) ballfields in use during the Count period. Therefore, it is estimated the trip generation asis is 18.1 average vehicles per day (vpd) per acre. . . compares with the Institute of Traffic Engineers Trip Generation Manual of 16 to 96 ;~cles per day (vpd) per acre, depending upon the park usage. This ranged from camping, . . . g, boating, picnic sites and ball fields. The 18.1 vehicles per day per acre estimated .~m Ponds Park falls within the rTE nonnal range for park property. The proposed use on the ~"'e property park will be very similar; thus, it is concluded that this rate can be used as the trip eneration basis for this site. attempt was made to acquire traffic generation data from other sports facilities in the politan area. This data was inconclusive as few, if any, cities have actually taken a traffic ' t on their entrances. Also, the data would not be directly applicable for this study as it was d that the facilities and schedules were widely varied. " fore, based upon the applicable trip generation rate from Ponds Park of 18. I vehicles per .per acre, the trip generation estimated for the Busse property park, based on 38 acres, is 690 "pies per day. This is for those peak days when tournaments are in progress, typically on ends (when local traffic is lower), and would not be an everyday occurrence. See Park i I i 1 I I -2- .. r I '---.,:;.:;:.. :;.-...' .~ . .~~ ./j .\ .... >. .i ....::.L ;-___.J . 0 ...' Q) ..~,/ () , (,~.> II . ~~l5 '::J SUEl ~ I . \ , is \. a:: '\ ffi . ........ ..-..... I \ _.-.- I \'1M I '" u I iii,~ ':I. ~ I ~ "I I II >- I- WO:::~ (/)WO::: (/)0...<( -- - -"-"1 ~ ~ 0... ! 0... - ~ -r' ;r N II: ....I~ ~ ~~~ / ;r . N N cr: ;~ '1"0- \ >-' V1 ........................ .', '..............- .c -_ <5 00 .3/lV N01~NI1l3M ........ , ;", i""' ~. \'. '--,_'--..J '.. " _M"_"_ w It ........._M_M___---._._ >-' VI . @ I] \;:-- '-.-, '~().~! /~ . /, ., <---~/'.. " I , i ./ 0 I I \~<1) \ \~ , ~o - U-l 3: ~*~ '" -- -- _ 0 '" ::t .... - ;: .3/lV VrlVNVd """ Q) qj u..::( .- 0 a::..J III . CD ~"C I- :5 C\Q; c- 0'.-. ....J.. l ~i - . , , II c ) ~/j f ./ ."n OOOM3~a3M . ~-~"\.. ..' .-~....... ~......,.. '..~"~ i ....". ~ '\ _ ..Vh i '.: ., :S '" ~\I . [:3/1\ "0 .01 c: Ie: VI~O. :1D~ LJ ~ '" <0 .Ol:l 3:>'~ .3/1 V 3l:lIHS )1l:lC >-' VI en .. en WI ~en ON I en W ex: 5C'1 i:i: >- 0 ::::) l- V> () G: I.L. (/) <( Z 0.::: W I- ::2: I- :) ~ 0 w a::: 0.::: ~ <( ::i CL >- ~ a::: 0 0 :) 0.::: I- W a:::: (/) CL 0... 0 a::: CL w (/) (f) ::::) OJ .~c IF ~ % :; ~'# .......... "' ,.. a. "' "' ill ~ U VI vi Z II: "' 0 ::l ~ ,.. 0( ~ '" % :::::: Ii! :; 0 ~ Z ~ 0( ~ -' '" " ~ ::;g c :; 0 VI % II: ::l ~ ... w ~ ;!; CI 5 z Z w ~ CI "' 0 Z :l 'S CD E-t :> z ....:l ," ~ :; 0 '-' ,.: ~ a :; II: '< ... in Appendix A. For comparison, if this parcel was developed as residential, using the .f1". density of2.l units per acre and an estimated trip generation rate of 9.5 trips per unit, ~ould generate 760 vehicles per day, a 10 % increase over the proposed development. >/. using the township density of 1 unit per 2.5 acres and an estimated trip generation trips per unit, this site would generate 145 vehicles per day. ., Distribution routes were reviewed as possible access routes for the Busse property park. For of this study, all of these routes begin at the intersection of Trunk Highway 13 and ilnd end at the intersection of the proposed park entrance on Mushtown Road. All of es were driven to determine the travel time for each route. This analysis takes into 'the impacts of street width, parking, stop signs and signals on the travel times along each .,. . s data was used as a basis for distributing the traffic generated by The Busse property to the three identified access routes. The routes and the respective travel times are listed ~,~ See Figure 2 for an illustration of each ofthese routes. TH 13 and CSAH 21 to Duluth Avenue to Tower Avenue to Toronto Avenue to Mushtown Road to Park entrance. Travel time is 3 minutes. 20 seconds. TH 13 and CSAH 21 to Co. Rd 23 to Mushtown Road to park entrance. Travel time is 3 minutes. 35 seconds. TH 13 and CSAH 21 to Co. Rd. 21 to Co. Rd. 87 to 180th Street to Mushtown Road to park entrance. Travel time is 6 minutes 30 seconds. ions with the City of Prior Lake Parks Department indicated that the access route , .' ed to visiting teams will be the route described in (a) above, along Toronto Avenue. The 'f(lfushtown Road will be discouraged by City staff. In addition, as it is human nature to ,~e shortest, least restrictive route, the routes were prorated based upon the travel times lished above. $\J~pon the above data, the estimated trips generated by the proposed park development of , 11)8 per acre, or a total of 690 trips, was then distributed among the three identified routes. It of the existing traffic counts and the additional park traffic is shown on Figure 3. adway Capacity phase in this traffic impact study is a review of the roadway capacity of the three ..-outes, with the park generated traffic. According to the Metropolitan Council . 'on Guidelines (See Appendix C) the estimated capacity for these collector types of .Js 1,000 to 15,000 vehicles per day for urban and 250 to 2,SOO for rural. The estimated c for all three routes falls well into this range. Therefore, it is concluded that the ,ays as reviewed in this study will have the roadway capacity to carry the additional -3- ~~ _ ~ J~I~ ::: _ N I- ~ ~ N N a::: ~l a I aL~a_ ~ A"tM o^~ .)c:Y~ t.O Nl,()m =It: ,..,,.....,.., V t-= (f) .... ... .... .. .. ~ ~ 0 co ~ N 'i~ ~~ o o ..... ..... < a::: .....en z..... .....~ zenC);:) Q~~5 I-;:)a::::> <0< gua.~ -lu>-l::: .....i:i:.....< zl.L. 0::: a::: ;:)<&..... o~oo u a:::..... , - - - -- - . "6-.Q.. ..... , ~ Z ."0- " l:::~lX~ < !!len 0 a:::x;:)a::: ..........CDa. en en en en .................... .................... 0000 zzzz .................... 0000 o..,.~~ "l.....0 IOVlO , / @ '3^"t "tVWN"td ]>i03nl / w ~ t--= N U1 N ~ ..,. a::: ~ W "0 01 01 wi I- ~ <:0 01 w a::: 51"'") G: >- 0 ::) l- (/) u G: ~ C/l <( Z I- 0::: ~ Z I- :J ~ 0 w U 0::: ~ <( :3 u 0... G: ~ 0::: ~ 0 <( 0::: 0::: W 0::: I- 0... 0... 0 0::: 0... w C/l C/l :J co ~ z '" ~ ~ .......... ,. e; ~ Vl ~ U Vl :1 Z '" 0 '" ...... ,. < ~ '" z ::> ~ Vl '" 0 ~ z z :5 < ~ l< " z :.:E < c '" 0 Vl z '" '" ~ w w ~ z G ~ z Z w Vl z " '" 0 z ::> '" CD E-< -' ::> z ....:l Vl z '" 0 0 >.: U o:l z 0 '" '" ~ II II I I I I I) I II q II II II I II II II . . traffic generated by the Busse property parkas well as additional capacity for future development anticipated to occur. One concern raised by adjacent property owners along Mushtown Road is the segment which lies within the Township, bounded by municipal boundaries. With pavement widths of approximately 22 feet and side ditches, local residents indicate that it is very uncomfortable walking on this segment of roadway, sharing it with the existing traffic. Therefore, it is encouraged that a method be agreed upon for payment and location of a new sidewalk matching the municipal sidewalk at either end. F:\PLAK\TC990 \51 \BUSSERPT.nOl.wpd -4- I I I ~ I I ] I I I I I ...~',~.';';'.,._,,,,J~i>.'._',,,,,,,,,,,,,, ~ ~""'~~;~-~"""~'''''''~'''''-'>''''"'''''=..."".,~.~..~~....",.:..,./,..-"'''''''~.;'".;:..,.:~-,:.;..."",,~ ".."-<,,,_. .~,~~~".>.",-,;.:.,,,~,",^..;,",~,,,,; .: c. Travel Speed on Mushtown Road 1. Existing Travel Speeds Travel speed data was acquired by the City and Police Department's Park patrol officer using a City police radar gun, the data was taken at the proposed driveway access point for The Busse property park. To the west of this point, Mushtown Road is a paved urban section, with a 30 mph speed limit. To the east of this point, Mushtown Road is a gravel, rural section, with a 55 mph speed limit, regulated by the safe travel speed of the gravel surface conditions. The data acquired for this speed study is located in Appendix B. Analysis of this data concludes that the posted speed, versus the average speed of drivers to the east and west of the proposed park driveway location is as follows: Spot Location West of Driveway (eastbound) East of Driveway (westbound) Posted Speed Limit 30 mph 45 - 55 mph Average Traveling Speed 19 mph 38 mph Low Speed Observed 12 mph 34 mph High Speed Observed 36 mph 56 mph In conclusion, the existing vehicles traveling westbound (coming from the east of the proposed entrance) are traveling above the posted speed limit of 30 mph once they pass the proposed park entrance, exiting a 55 mph zone and traveling into a 30 mph zone. This condition was observed in about every case for the existing westbound vehicles. It is anticipated that the future park traffic will not add to this speed issue, as they will be driving from both directions to conduct a turn into the park property. 2. Recommendations to Induce Speed Reduction The potential for westbound vehicles traveling through the intersection of Mush town Road and the park entrance at speeds above 30 mph is highly probable based upon existing observations. To help induce slowing of the westbound vehicles as they approach this intersection, and reduce speed in this immediate area, the following recommendations are presented: a. Periodic patrolling and enforcement of the regulatory speed limit in this area. b. Install additional signage indicating the two speed zones of 30 mph and the 55 mph in accordance with the Minnesota Manual of Uniform Traffic Control Devices (MMUTCD). c. Additional signage for the trail crossing in accordance with MMUTCD. d. ~ . Request MnlDOT to conduct a formal speed study to determine the appropriateness of moving the 30 mph speed zone to the east, taking into account the park property and crossing. F:\PLAK\TC990 I 5 I \BUSSERPT.929. wpd -5- I I I I I I I I II ~ I III , I II. l l k ~ D. Bicycle and Pedestrian Crossing The as built drawings of Mushtown Road (furnished by City staff) and the proposed park entrance layout (furnished by Brauer and Associates) was reviewed for a proposed crossing location for the bike/ped trail from Ponds Park to the proposed the Busse property park. The crossing location is proposed to be at the intersection of the park entrance / south entrance of Ponds Park, and Mushtown Road. It is anticipated that a future trail may follow along Mushtown Road, and tie into this crossing. The recommended crossing layout, location, striping, and signage is shown on Figure 4. These recommendations include aligning the crossing with the existing bike/ped trail coming from Ponds Park, striping the existing roadway for the crossing and installing advanced warning signage. This work should meet all MMUTCD criteria on sign size and location, as well as striping layout. In addition, overhead lighting should be added to this intersection for pedestrian safety and awareness to drivers. Warning flashers can be considered ifit is determined that the 30 mph speed zone is not shifted to the east and the periodic patrolling does not give the desired results. This installation would serve as a supplement to the patrolling effort. F:\PLAK\TC990151\BUSSERPT.929.wpd , -6- II II I WI- m~ Ow I-u (:)z z<( z~ S20 (/)U U 0<( Z <(z (:)0 Zw n: I- . -wo O::-1U f-Q.f- "I ~~~ (/) -1U~ ~ <( o z 8 I I I I I I II z' (:)(/) _0::: (/)0 -1 0::0 ou l1.. o oz x<( O(/) zz wO Q.- Q.(/) <(~ w~ wo (/) 6l w >- 0 0 <( ~ Z t- o U1 U1 U 0 G: z LL <( <( Z 0::: 0 I- ~ Z ~ w 0.. 0::: ~ 0::: <( :s I- 0.. U1 ~ 0::: 0 0:::: 0 Z w 0::: U1 0.. 0.. U1 0 0 0::: 0::: 0.. U W -1 U1 <i: U1 ~~ 0::: ~ ?- m W > 0::: ::J U oQ. z~ ::J<( 00::: 0::. <(0 W -1Q. <l:f- g:u ..........::J ~o:: -1f- <((/) 3:Z o OU Zo ~z X<( W 6 "0('-1'- a n x a nz (:)2 z(/) f=Q. ~o Xf- WC/l (30. ,"ns snoNl"fUl9) O'VO~ SS3JJ'V )i'vd SONOd II II II q II - I /; -/; - I 'IVW :JNUSIX3 0> 0> wi :;;:;; 01 lJJ 0:: ::lv (:l G: ~ z :> ~~ -- >- ~ '" :! w -I ....... U vi U -(() f--1 Z VI w <(~ '" :> Z 0<( 0 < 1--1 >- < w<( 0::J ...... '>! l- e Z '" U1 o~ :;E~ ~ ::> z 01 ~ VI :> j O(() 0 f? z(() l1..(:) Z z 0 Oz ~ < .~~ -0. ~ " z ~O:::CI) vcr " < z~ ::is c :> _0- O:::Uf- NW 0 :;E~ <( . . W VI Z ~zz I'z '" :> I- ~ t:j - U1 W(:) ~ tf)z I-::! z o::z <3 'it '" ~ ::J ~ ZO::: ::JW Z is '" wI- Cl z lll~ III~I~ " 0:: ~(() G:~ 0 z ::> Ww l1.. OS ., '" I ill >0 WlL. E-o ::> z w<( ~ VI <(w (/)0:: ~ '" Q..Q.. 0 ,.: '-" I- u z o::l 0 '" 0:: ;;c ... . . . . . . . . . II . . II . . II . . . E. Future Roadways A review of the City of Prior Lake's Comprehensive Transportation Plan indicates a future roadway along Fish Point Road (Co. Rd. 87). The alignment for this roadway is shown in Figure 5. The addition of this roadway will have a significant impact to the overall travel routes for persons living along Mushtown Road east of the park entrance, including the Busse property park area. Along this additional roadway, the estimated travel time from the intersection ofTH 13 and Co. Rd. 21 to the proposed the Busse property park entrance is approximately four minutes based upon an average travel speed along Fish Point Road of 40 mph. This roadway will have the potential to attract all of the non-local traffic whose destination is the Busse property park, as well as most of the local traffic south of the intersection of Mushtown Road and Fish Point Road. The capacity of the future Fish Point Road section will be more than adequate to handle the trips generated by the Busse property park development, as well as future development in this area. In conclusion, the future Fish Point Road, while not programmed, will further improve the access/egress to the Busse property park, as well as provide additional roadway capacity for future development in this area. F:\PLAK\TC990151 \BUSSERPT.929.wpd -7- ...._", ....,.,..~.._..,.._~"""~.,.,,_,.i.<-..-,.~_...__ ~- ."""""''''''''-;,.,''--- ~. .-~-....-'...__..-.;.: ~._-Ol......;:aH--...".~.',.,........."_'..,Lr~~ _.;.<,-.__;.:!....-..!; __~ .-.~ _" ". ",' ., I I I I I I I I F. Conclusions This project analyzed the impacts of the proposed the Busse property park improvement on three key existing roadways. The proposed trips generated by the Busse property park improvement were allocated onto the three identified access routes based upon existing travel times. The projected traffic volumes were compared to the available capacity of these roadways using the guidelines of the Metropolitan Council Transportation Guidelines. The travel speeds of Mushtown Road, near the proposed entrance of the Busse property park were acquired and reviewed. The westbound traffic was found to exceed the posted speed limit of 30 mph west of the proposed park entrance. Recommendations were provided to help induce a lower traveling speed, and to provide a safer bike and ped crossing. The intersection of Mush town Road and the proposed entrance was reviewed for marking and signing. Finally, the impacts of the future Fish Point Road extension were discussed. Having analyzed the data, a summary of the conclusions is as follows: 1. The Busse property park, as proposed, is estimated to generate 690 vehicles per day during scheduled events, depending upon the type of activity occurring within the facility. I I I I I I I I I I I 2. The most likely route to be used by those traveling to and from the park will be along Toronto Avenue. 3. The three existing access routes all have sufficient roadway capacity to handle the additional traffic generated by the Busse property park. 4. The westbound traveling speed of the existing traffic were all above the posted speed limit of30 mph (west of the park entrance). 5. In order to reduce speeds and improve the safety of the proposed crossing at Mushtown Road, the improvements sited herein include: a. Increased enforcement of the existing speed limits; b. Additional signage of speed zones; c. Additional advanced warning signage for trail crossing; d. Request from Mn/DOT to conduct a formal speed study to determine the appropriateness of shifting the 30 mph speed zone to the east; and F:\PLAK\TC990151 \BUSSERPT.929.wpd -8- , . I I i I I ! I I . I 'I I JI . I I I :1 ~ II I - :n II II 1) iJ I 6. The recommended bicycle and pedestrian crossing at Mushtown Road and the Busse property park entrance includes signing and striping which meet the requirements ofMMUTCD, and are shown on Figure 4. 7. The future Fish Point Road, while not programmed, will further improve access/egress to the Busse property park as well as provide additional roadway capacity for future development in this area. F:\PLAK\ TC990 151 \BUSSERPT.929 .wpd -9- Dema'nd for Apartments Is Growing New demographic and economic choices are redefining the American home, and an increasing number of households now prefer apartment living, even though they could afford to buy a home. In fact, according to the U.S. Census Bureau's Current Population Survey, the fastest growth in apartment renters in 1999 occurred in households with incomes over $50,000 a year. The same survey reports that the number of apartment renters grew despite a rising homeownership rate. Almost a third of apartment renters surveyed in 1999 by Fannie Mae reported that they could buy a home, but choose to rent instead, and fully 40 percent said that buying a home was not an important priority. Why is this happening? For some, renting is the right eco- nomic choice. Others appreciate the benefits of apartment living, including access to amenities and technologies not available in single-family housing, and still others want the flexibility to respond to job and lifestyle changes. Changes in apartments are also fueling the new interest in apartment living. Dramatic advances in apartment design and man- agement have occurred in the last few years. Now, it is not uncommon for an apartment home to include such features as private entries and attached garages, nine-foot ceilings Apartments are no longer housing primarily for the young. From 1985 to 1995, the number of apartment residents aged 35 -44 and 45-54 each grew substantiaIly, while the percentage of under 35 year olds fell. CHANGE IN APARTMENT HOUSEHOLDS BY AGE GROUP (1985-1995) 50 40 30 36.5% ~ r~ Z 20 <: a 10 ~ 0 .... - .0% -10 -7.9% -20 -30 Under 25 25-34 35-44 45-54 55-64 65 & Over SOURCE, U.S. CENSUS BUREAU, ANNUAl HOUSING SURVEY FOR 19B5 AND 1995 + , ~~."~~.~~. I I "",.-'"-,.-..."...'"'...,....'-... ="~'.'- ..-,'~,'.'....."'- ..-..........,.....-.. ,-,.~"'-"--,---""""._---".. "~..-,. "'-""~~'''''-'-'-'~-'-' ~-"'~""''''--'''''-. ... .,_ ~""., ,,"'_~.;.' ..-c''''- '~'" ..',' ~,....~__....=',_,_..._.___..__,.'-"'_" _""'__~,..__...,,~. __,____""",. '...._,,, ~_,__... _..___ "Renters by choice" are increasing. In 1998, the fastest growing segment of apartment renters was those making $50,000 or more a year. ANNUAL GROWTH IN APARTMENTS BY INCOME 14 12 11.6% co ~1O ..... ~ 8 t..l Cl ~ 6 ::r: 4 U ~ 2 o -2 -4 Less than $20,000 $20,000-$49,999 $50,000 & Over HOUSEHOLD INCOME SOURCE, NMHC TABULATIONS OF CURRENT POPULATION SURVEY OF MARCH 1998 AND MARCH 1999 with crown molding, double-sided fireplaces and bay win- dows. Private alarm systems, computer workstations with high speed Internet access, and units pre-wired for surround sound ore also becoming commonplace amenities. Outside of the individual apartment home, new apartment community amenities include nature trails, sand volleyball courts, resident gardens or communal herb gardens, mini movie theaters and pubs, and services including plant water- ing, dog walking, dry cleaning delivery and even grocery shopping. And this trend is just beginning. Apartment demand should continue to expand in the future thanks to a projected boom in the groups most prone to seek these lifestyle options - young adults, one-person households, and married couples without children. Noted urban analyst J. Thomas Black esti- mates that childless households will account for all of the net increase in households heading into the next century. And as more of the baby boomers become empty nesters, the number of households trading large suburban homes and yards for an apartment within walking distance to shops and entertainment will increase. Well-planned communities with strategies for accommodating changing lifestyles and housing preferences will prosper and continue to attract both new residents and new employers. '~".' __..,;_..^.,~,.._._...;.,-.,.~,.c,~~'~_>_'-"""-....:..o.:~' ..(...'...............~ ~,:......-.: '~." :~.:.'.~....;h.._l...._.~,'~~...,' + Apartments Put Fewer Claims on Schools and Help Reduce Traffic and Congestion Public schools are generally the single largest expense for local governments, so the persistent misconception that apartments contribute to school overcrowding is particular- ly damaging to sound urban planning. Contrary to con- ventional wisdom, apartments contribute fewer children per household to school systems than single family homes. According to the Census Bureau's Current Population Survey, in 1999 only 20 percent of 011 occupied apartments had one or more school-aged (5- 18) children, compared to 33 percent of owner-occupied single-family homes. Additionally, the average apartment household has 0.5 children, while single family homes have 0.7 Misguided officials often think they can reduce traffic and congestion by limiting apartment construction. In reality, exactly the opposite is true because apartment residents are more likely than single-family residents to use public trans- portation. The 1997 American Housing Survey estimates that apartment residents average 1.0 motor vehicles per household, while owner-occupied houses average 2.1. Data from the Institute of Transportation Engineers indicate that an apartment in properties of two or more stories gen- erates 30 to 40 percent fewer vehicle trips than single-fam- ily units. With fewer children and automobiles than single-family households, apartment households' residents place less burden on local infrastructure and schools. NUMBER OF SCHOOL-AGE CHILDREN AND AUTOMOBILES BY HOUSING TYPE 2.5 2.0 1.5 1.0 0.5 o Apartments Single Family . Cars cag: Children SOURCE, NMHC TABULATIONS OF 1997 AMERICAN HOUSING SURVEY DATA AND 1999 CURRENT POPULATION SURVEY DATA Apartments Contribute to a Community's Economic Vitality New apartment development has an immediate and long-lasting effect on a community's prosperity. Construction of 100 new apartments in the average city results in 122 new jobs, $579,000 in local taxes and fees, and $5.2 million in local income generated by workers and businesses. The ongoing, annual effect of 100 new apart- ment households in a local economy is 46 local jobs, $308,000 in local taxes and fees, and $1.8 million in local wages and business receipts. More importantly, communities that preclude or limit renters squeeze out a segment of the population that is vital to local businesses as both customers and employees. In today's tight labor market, communities that offer a diversified work force and a wide range of housing options are more likely to attract top employers to their areas. An adequate supply of affordable housing, therefore, can be essential to a municipality's labor supply and its economic growth. The construction of 100 apartment homes in a typical metropolitan area benefits the local economy with new income, jobs, government revenues and property taxes. THE ECONOMIC IMPACT OF 100 NEW APARTMENT HOMES Initial Impact Ongoing Impact Locallncome* $5,234,000 $1,798,000 B7E~jl~'i3T~}'1!;]~~11. ~-:.i Local taxes** $579,000 $308,000 Income generated by workers ond businesses, ond the ripple effect of workers ond businesses spending this odded income in the Iocol economy. .. Revenues generated by locol toxes, from traditional sources such os property toxes, fees ond revenue fram locol, government-owned enterprises. SOURCE, NATIONAL ASSOCIATION OF HOME BUILDERS lOCAL ECONOMIC IMPACT MODEL + _,...._...;_;..~....~.....c.-;...;..;....-.-soH<-............................. ',,~.~..J ---..~'_.~- -_._~ Apartment Households' Property Taxes Rates are Higher than Single-Family Residents One of the most common, yet incorrect, objections to apartments is that apartment residents do not pay for the public services they use because they do not pay local real estate taxes. This point of view often appears in letters to the editor opposing some proposed apartment development. Evidence from national surveys, however, shows that proper- ty taxes ore one of the largest expense items for apartment communities and that they pay property taxes at a much higher rate than do single-family homes. That means that apartment residents, who ultimately pay for those taxes through their rent, face a higher property tax rate than house owners. When combined with the fact that apartment resi- dents make fewer claims on schools, roads and other infra- structure, it appears that in many jurisdictions apartment res- idents are actually subsidizing their single-family neighbors and not vice versa. Apartments are taxed at a significantly higher rate than single-family structures. Indeed, the national average reveals that apartments are taxed roughly twice as heavily for each dollar of market value than single-family homes. RATIO OF EFFECTIVE TAX RATES (ETR) FOR APARTMENTS TO ETR FOR SINGLE-FAMILY HOMES State Apartments ETR/ Single-Family ETR New York Minnesota South Carolina Florida Texas National Average 5.96 3.49 2.87 1.80 " 1.67 1.97 SOURCE. 1998 STATE PROPERTY TAX COMPARISON STUDY BY THE MINNESOTA TAXPAYERS ASSOCIATION. Apartments Decrease Local Infrastructure Costs The per unit cost of providing public services decreases as the density of development increases. Low-density, single family development requires more miles of roods, sewers, and water lines. Additionally, as the number of single fami- ly developments in an area grows, public services, such as police and fire protection, must be spread over a larger geo- graphic area. For those reasons, the clustering of apartment homes makes them substantially less expensive to service than single-family homes. Homes Near Apartments Maintain Their Values In many American suburbs, zoning codes limit or even preclude apartment construction to supposedly protect property values. But recent evidence indicates that single- family homes located near apartments do not lose their value. The Urban Land Institute reports that between 1987 and 1995 single-family detached dwellings located near (within 300 feet oij multifamily communities appreciated at roughly the same rate as those not near an apartment prop- erty, 3.12 percent compared to 3.19 percent. That finding is corroborated by an NMHC analysis using more recent data. Further research published in the Journal of the American Planning Association (Winter 1999) indicates that the presence of publicly-assisted housing also does not adversely affect neighborhood property values or communi- ty cohesion. Examining soles records from 1985 to 1996, the authors found that locating public housing units in pre- dominately White, middle income neighborhoods had no discernable effects on surrounding property values. Additionally, a comparison of homeowners living near the public housing and those living elsewhere reported similar levels of satisfaction with their neighborhoods. Progressive communities have seen first-hand that a modern apartment community, through environmental planning and exterior landscaping, is fully compatible with surrounding single-family neighborhoods. - ---- --- - --- --- --- --- -- -- -------- - ';'~_"""......~.......~_....~~"".l!a-.'~.I-'" + Homeownership is Not Required for Good Citizenship and Strong Neighborhoods The benefits of homeownership to communities are over- stated and the disadvantages tend to get swept under the rug. Moreover, advocates of homeownership often allude to the greater community involvement that ownership is alleged to promote. The implication is that apartment renting is bad for those communities. But the reality is that the differences in involvement of apartment residents and house owners are typically small and often not statistically significant. Data from the University of Chicago's General Social Survey indi- cate that compared to house owners, apartment residents are more socially engaged, equally involved in community groups, and similarly attached to their communities and reli- gious institutions. Apartment residents are also comparably interested in national affairs and active in local politics. ",.-.---~-.'-~""~"'---"~------'" ,'- .- ....._,~ ..~."-..._-----'._....._-_.._~.. Despite misperceptions to the contrary, apart- ment residents are more socially engaged and similarly attached to their communities and reli- gious institutions. APARTMENT RESIDENT CHARACTERISTICS 70 60 50 40 30 20 10 o Interaction with Neighbors. Church Identification Attendance** with Town- . Apartment Residents . House Owners . Percent who spend obout one evening 0 week with someone who lives in their neighborhood. .. Percent who ottend religious services 'at least once 0 month: ... Percent who feel close or very close to their city or town. SOURCE, NMHC TABULATIONS OF GENERAl SOCIAl SURVEY DATA FROM THE UNIVERSITY OF CHICAGO'S NATiONAl OPINION RESEARCH CENTER Additionally, the federal government's single-minded pursuit of increased homeownership rates aside, we should recog- nize that homeownership is not the right choice for everyone. Research conducted in 1997 shows that when all the costs of owning and renting housing are considered, a majority of households who bought a home in the mid-1980s would have saved money by renting comparable housing. The average homebuyer in 1985 paid six percent more as own- ers than they would have paid as renters. Buyers who sold within four years paid 19 percent more. Smart growth strategies can help revitalize the nation's cities and inner suburbs, build attractive and livable communities, and create an even more prosperous America. But without a fuller public acceptance of apartments as an integral part of any community development plan, the goals of smart growth will be unrealizable. Equally important for the suc- cess of many of these projects is more flexible local zoning and planning policies that recognize the value of compact development, mixed use neighborhoods and the role of apartments within their communities. Federal obstacles to the redevelopment of existing, but unproductive buildings need to be removed. Apartments Help Create Safe and Secure Neighborhoods A common concern that apartments bring crime into neighborhoods is based primarily on faulty perceptions of who lives in today's apartment communities. When ana- lyzed on a per-unit basis, there is little evidence that the rate of police activity is higher in apartment communities than in single-family residences. In fact, apartment owners, sensi- tive to neighborhood fears, are concentrating more efforts on crime prevention and risk management. Indeed, one of the fastest growing segments of the apartment industry is the luxury property sector which attracts residents, in part, because of amenities such os built-in alarms and controlled access systems, similar to those found in single family houses. As America renews its focus on strong, healthy communities, the apartment indus- try is poised to play an enhanced role In those communities. ,i; .,! l) j' 11.11 j 1 l' I': ~ -----; 1 ':: ! ll~ ., ::111 Ii!! li!ll ::!I li:I:II;II:,:;,:1 I:: ::,1 ii:\lfj'il:Hi,:I!!il Ii :: Ii il I'i ! ': Ii' ; i :1: :11 ' j III ;; l ; 'II ; :i "1;1 " : I il inl: 11; Illl; 11 'q ;1:lfl:';i'ii ::' ,I 1':11il'!:H;, :,:.!;.11 ,I' ,Ii 'i i '.,1 i I'i I II fll ll. , ,i 1 : I' 'I j" I [') i:1 I, I , \ I J j " j ; i} ;, ' lj ~ ! I II 'II r I j j '! I i j f , j J ! 'I I ;; : ( i}\p~~~eBtj~~tingjif~erS IG~tti~g~e~9r 'Ii :i, ' lnno?at~~e l1f{lenHze~ and I?lThtgn rf~t~~es, of the fV~~ {1~a,:t,menf flome, COMM~ITY~ENITIEs ! ., . ,ii ):1, i 'Ii l! I' i 1, .:. Built-in; prelwirede~tertainment centers with theater- .:. Personal garden plots andcomrnuni~ ~erbgardens: " ! 'qualily surround sound " -:- Indoor basketball courts, putting greens, picnic pavilions ';.Stereo ~peakers and wiring in every room ondsand volleyball courts:.Six linephorie capacity Outdoor fireplaces with seating Integrated telephone, cable TV and high-speed Internet Resort-style swimming pools with pool-side food and bever- service age service ,. Video libraries and video-on-demand service . Fitness centers, including virtual reality~xercise equip-,:. '"Virt. u." 0,',0" partment to,u,' rs and online apartment applications ment, spa facilities and tanning beds. Hi ' """ , .;. Media/theater 'rooms with theater-slyle,seating .;. Autom~ted rent payments ., On-site'pubs featuring billiards and games tables .} Keyless entry systems .J' Fully equipped business centers with'iidea conferenc;:ing APARTMENT HOME AMENITIES centers .;. Attached direct-access garages and private entries .:. After-school programs for children '," 'I' Nine footand vaulted ceilings " Comprehensive concierge services, including errand .;. Bay windows and skylights running, dog walking and plant watering .;. Oversized oval bathtubs ,I' On-site personal services, such as caterers, after-hours doctors and dentists, and personal traiQers. .:. Wood-burning and ga~ fireplaces TECHNOLOGVAMENITIES, ,;. .Islandkitchenswith pot racks and built-in wine racks , , .:. Water purification systems and programmable thermostats .:. Private in"unit alarm systems that allow residents to view . entry gates, pools and play areas via closed-circuit ,:.Crown molding, mantles, chair rails and other interior finishes television o 25% 50% SOURCE, U.S. CENSUS 8UREAU, MARCH 1998 CURRENT POPULATION SURVEY 75% l000A> "'-'--~----_.__.. ~''''--~-''''''-'--'~- '""'~"~'""-'~-~--.""" U.S. HOUSEHOLDS: RENTERS & OWNERS Number of Households % of U.S. Total Renter Occupied Housing 34,896,000 33.7% Age of Household Head Under 30 29.1 30 to 44 years old 33.7 45 to 64 years old 20.6 65+ 16.6 Household Type Single Male 21.7 Single Female 25.5 Husband/Wife Only 9.2 Husband/Wife/Kid(s) 12.0 Single Parent 14.3 Roommates/Other 17.3 Household Members One 47.4 Two 26.4 Three 12.8 Four 13.4 Marital Status Single 64.6 Married 24.4 Widowed 11.0 Total 103,534,000 100% SOURCE, U.S. CENSUS BUREAU, 1998 HOUSING VAONCf SURVEY ....._-:.~"""'~l...~4~:~~:'..."'_....yc......-r,'~.:--.~,-.-..........'..,."",..,..,"'_....,r"""._^"'.........'-.__'.~-"<O._~_..'....._,-...,.~~.~....._ -.' and References back cover. :( ,:,' -. ;; Boar, Kenneth. 1992. The National Movement to Halt the Spread of Multifamily Housing, 1890- 1926. Journal of the American Planning Association. 58(1): 39-52. Block, Thomas J. 1998. Opportunity and Challenge: Multifamily Housing in Mixed Use Activity Centers. Woshington, DC: National Multi Housing Council. Availoble at <www. n mhc. org/ publ icat/ recent/ oppa ndcha lIenge/ def ault.html> . Briggs, Xavier de Souza, Joe T. Darden and Angela Aidalo. 1999. In the Wake of Deseg- regation: Early Impacts of Scattered-Site Public Housing on Receiving Neighborhoods in Yonkers, New York. Journal of the American Planning Association. 65(1 ):27-49. Colton, Kent W, David A. Crowe, and Paul Emrath, 1998. The Benefits of Multifamily Housing. Washington, DC: National Association of Home Builders. Danielsen, Karen and Robert E. Long. 1998. The Case for Higher-Density Housing: A Key to Smart Growth? Smart Growth: Economy, Community and Environment. Washington, DC: Urban Land Institute. Dubin, Elliot. 1995. Residential Development's Impact on Public Schools. Housing Economics, August, pp. 5-8. Data Resources U.S. Bureau of the Census. 1997. American Housing Survey, Machine-readable data file. Survey conducted by the Bureau of the Census for the U.S. Department of Housing and Urban Development, Washington, DC. U.S. Bureau of the Census. 1995. American Housing Survey. World Wide Web page <www.census.gov/ftp/pub/hhes/www/ahs.html> . Emrath, Paul. 1998. Housing and Road Use. Housing Economics, Januory, pp. 13-16. Fannie Mae. 1999. National Housing Survey, 1999. - Washington, DC: Fannie Mae. GoodmC1l, Jack. 1999. The Changing Demogjiiphy of Multifamily Rentol Housing. Housingpolicy Debate, 10(1): 31-57. Availoble at <www.nmhc.arg/publicat/recent/default.html>. Kachaoorian, Gary and Jonathan Kempner. 1999. Apartments Integral for Long-Term Development Strategies. National Real Estate Investor, May 1999, p. 34. Available at: <www.nmhc.org/smart/longterm/default.html> . National Multi Housing Council. 1999. Apartment Residents as Neighbors and Citizens. NMHC Research Notes, June 15. Available at <www..nmhc.org/smart/default.html> . National Multi Housing Council. 1998. Why Apartments Are Vital to America. Washington, DC: National Multi Housing Council. National Multi Housing Council. 1998. Apartments and Property Taxes. NMHC Research Notes,: December 4. Available at <www. nmhc.org/smart/default.html> . Nationeil Multi Housing Council. 1998. Apartment Residents in 1998. NMHC Research Notes, October 23. U.S. Bureau of the Census. Current Population Survey, March 1998 and March 1999. Machine-readable data file. Surveys conducted by the Bureau of the Census for the Bureau of Labor Statistics, Washington, DC. U.S. Bureau of the Census. .1999 Current Population Survey. Construction Reports, Series C-20, HoiJsing Starts. National Multi Housing Council. 1998. The Rhetoric and Reality of Homeawnership. July. Available at <www.nmhc.org/media/rentvsown/ default.html> . National Multi Housing Council. 1997. The High Costs of Short-Term Homeownership. NMHC Research Notes, December. Available at <www.nmhc.org/media/highcost/default.html> . Pollack, Elliot D. 1996. Economic & Fiscal Impact of Multifamily Housing. Phoenix: Arizona Multihousing Association. Rossi, Peter H., and Eleanor Weber. 1996. The Social Benefits of Homeownership: Empirical Evidence from Notional Surveys, Housing Policy Debate. 7(1): 1-35. Urban Lond Institute. 1991. The Case for Multifamily Housing. Washington, DC: Urban Land Institute. Varady, David P., and Barbara J. Lipman. 1994. What Are Renters Really Like? Results from a National Survey. Housing Policy Debate. 5(4):491-531. U.S. Bureau of the Census. 1998. Housing Vacancy Survey. World Wide Web page <www.census.gov/ftp/pub/hhes/www/hvs.html> . National Opinion Research Center. General Social Survey. Machine-readable data file. Chicago, IL: National Opinion Research Center. World Wide Web page <www.norc.uchicago. edu>. ~o-.ot =.~ :31VOS ..".".",.... 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'. ~.. ,~ Jl::? 51 <'l !! ~i h ~ g ! "tl ' .c ! I~ . . ~ III 1 H .H .- }, , .~ - Z ! . 8.!i:01 i <j r~ , " " < , Il ~ i H U .j~ 0 II .0 ~D I II Ii · i Iii :,!!-,gi'.f n~:~ ~~ . .ii'il'~ ,!g~.htt Hl~l !i "E ~.E ~. ml!;' iI11a-ii: .L!l~,,'. ~ ,ril''i~i " l~Hi!' , H~:t!h ~i/~Sf'i ni.lt~s~ ~ e-.&~.U~j! 1~~.ic;I=1 .h~h~i I I ~ I 0 0.- j::: ~ I is -< Q "t- I ~ ..:;:. ~I () I- C\J ~I ;Q I , ~ I t:l "-, 01 I- ~ "" ~l ~ '~~.. "- () '~, , ff1 '~\ , ... 0 '--- \ 0 -J m 9NIa1lnE1 9NUSliG -:!-..:;:. l01 I.) .> .> o ./ "7 J \S) <:ll -!.- o o <>- -s> ~ Q 2 o s -< \S) <' ~ ZUl :50-", II! ~ o..~~ >- ~;:! ~~. '" ~ ~",- ~ . ~ 2~Q u ~al ~~ ::e => R: I:i S i5~ - Z .- :11 G3 .:tI~t.. ~ ~ . II R: ~~O Ul ~e! oX -Z~ ~I~ ~~U ~ (.>Ul ~U II ~ jl ~ .i ., i! a~ _ ~ i ~ If u n ~ II :g Ii Ii ,., U ! ~ 3 ~ ~ i adiU ~ i Ildhuuh d t~BUUUU I : ! I i Ii! : I 1! ~ I :., .." -. w ~ - .- t: &: II i i: 'i I ! I Ii. o ~ Cl OJ ~ I i ~dh~;~~~ ~ IddUnd~~ ~ IUUIUUUlh .Hlyl~IDrn~~~t! '" ~~ ~~ in -U ~ :~ ~i 1" :( ia if 11 l! h i -.'~-I , '- '.....---- ~: ':r-~-...- .~.q r ~.~~~ :JNtQ 1tnB :JNIlS/X3 -l "t> '" ::& ~ "-I ~~ ll~ ' '1 ~l.. I ail ~ t ;Iii ~J fa~ ~ f..j ! _Ii! I i ~ e ~ ~ ~ ~ MEETING DATE: AGENDA #: PREPARED BY: REVIEWED BY: AGENDA ITEM: DISCUSSION: CITY COUNCIL AGENDA REPORT JULY 17, 2000 8D JANE KANSIER, PLANNING COORDINATOR DON RYE, PLANNING DIRECTOR CONSIDER APPROVAL OF RESOLUTION OO-XX APPROVING THE CONDITIONAL USE PERMIT FOR A MULTI-FAMILY DWELLING FOR AFFORDABLE HOUSING SOLUTIONS INC. ON PROPERTY LOCATED AT THE SOUTHEAST INTERSECTION OF TOWER STREET AND TORONTO AVENUE History: On April 17, 2000 the City Council heard a request for a Conditional Use Permit to allow the construction of a 43 unit multi- family dwelling. The Council specifically raised four issues to be addressed. The issues were (1) storm water run-off alternatives, (2) installation of a sidewalk along Tower Street, (3) providing fencing at the top of retaining walls, and (4) reducing left turns in and out by providing an exit only drive on Toronto Avenue and an entrance/exit driveway on Tower Street. On June 5, 2000, the Council reviewed the developer's ideas about these issues. The developer agreed to provide a sidewalk along Tower Street and a fence along the top of the retaining wall. The developer also redesigned the parking area to accommodate a one- way, entrance-only access from Tower Street and a one-way, exit-only access onto Toronto Avenue. The City Council also discussed the options for handling stormwater runoff from this site. The staff presented two options to address the storm water management concerns raised by the Council. The two options are: Option A: Divert stormwater under the intersection to the proposed Post Office site. Ponding is a part of the Post Office's overall site plan. An easement for use of the property for ponding and drainage would be required to be obtained by the developer. Option B: Construct a storm sewer line running west along Tower Street to the City's pond located south of the street. 1~8~~aOg1W~Pe~lP)\V€~~~, Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Pfg~ l612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER 80th of these options create a cost to the City. Option A would cost an estimated $44,000. The City's share would be $35,200 and the developer's share would be $8,800. Option 8 would cost an estimated $100,000 with the City's share being $80,000 and the developers share $20,000. Decisions regarding resource allocation and priority of improvement projects is a discretionary decision. The Council may factor these costs into its decision concerning the proposed development. In either case, options for financing are flexible. The developer could pay the entire costs up front, enter into a developers agreement, and be reimbursed by the City for improvements affecting other property owners. Another option would allow the developer and other affected property owner's to petition for public improvements. The developer has expressed the first alternative as the most viable for resolving the situation at this time, as the developer represents that it is likely an easement can be obtained from the Post Office property owners. If an easement cannot be obtained, the alternative would be to wait until the Post Office site is developed or to proceed with the second alternative. Resolution of the storm water issue would be required prior to the issuance of any type of permit required to develop the property, including but not limited to grading permits and building permits. Current Circumstances: The City Council discussed the two options relating to storm water management at some length. The Council determined either option is an acceptable means to manage the storm water from the development property. However, Option 8 is of more cost to the City and the City has not presently programmed the improvement or the expenditures associated with Option 8 in its capital planning. Therefore, the City Council has determined that the City share of the costs should be capped at $35,200.00. The Council also indicated the stormwater improvements should be in place, or at least under construction, before a building permit is issued for the building. The Issues: The remaining issue surrounding this development is the timing of the improvements. The Council directed staff to prepare a resolution approving the Conditional Use Permit, and developing a staging plan for the timing of this project. The staff suggests the following sequence of events: 1. The Developer records the resolution approving the Conditional Use Permit with the Scott County Recorder. 2. The Developer prepares plans and specifications addressing all the Engineering and Planning issues for review and approval by City staff. 3. The City Council reviews the final plans and approves a Development Contract outlining the required improvements. l:\OOfiles\OOcup\OO-O 1 O\ccrept.doc Page 2 FISCAL IMPACT: ALTERNATIVES: RECOMMENDED MOTION: REVIEWED BY: 4. The developer provides to the City an appropriately executed easement agreement for storage of stormwater on the Post Office site. 5. A grading permit is issued and all storm water improvements on and off-site must be completed prior to issuance of a building permit. In lieu of completion of this work, the developer may submit a LOC for 125% of the cost of improvements with the building permit. 6. A building permit is issued and construction begins. 7. All work is completed and the City issues a Certificate of Occupancy. This sequencing allows the developer to move forward with the preparation of plans and specifications with some commitment that the project will proceed. It also ensures the necessary improvements are, at a minimum, under construction before a building permit is issued. The improvements must be completed before the building is occupied. Conclusion: The attached resolution outlines the conditions of approval of the Conditional Use Permit and the sequencing of the approval process. The staff and the City Attorney have reviewed the attached resolution. It should be noted the developer has provided revised plans which already address some of the conditions listed in the resolution. Budget Impact: The construction of the building will add tax base to the City. Under Council direction, the City cost of any alternative for the construction of storm water improvements will be capped at $35,200.00. The City's portion of the improvement could come from the Storm Drain Utility and/or Trunk Funds. The City Council has three alternatives: 1. Adopt Resolution OO-XX approving the Conditional Use Permit subject to the listed conditions. 2. Direct staff to prepare a resolution denying the Conditional Use Permit with specific findings of fact. 3. Continue the request and direct staff to provide additional specific information. Staff recommends Alternative #1. econd adopting Resolution #OO-XX approving the ermit subject to the listed conditions. . y Manager Page 3 CONDITIONAL USE PERMIT RESOLUTION OO-XX APPROVING A CONDITIONAL USE PERMIT TO ALLOW A MULTI-FAMILY DWELLING ON PROPERTY LOCATED AT THE SOUTHEAST CORNER OF THE INTERSECTION OF TOWER STREET AND TORONTO AVENUE FOR AFFORDABLE HOUSING SOLUTIONS, INC. MOTION BY: SECOND BY: WHEREAS, the Prior Lake Planning Commission conducted public hearings on February 28, 2000, March 13, 2000, and March 27, 2000, to consider an application from Affordable Housing Solutions Inc. for a Conditional Use Permit (CUP) to allow the construction of a multi- family dwelling; and WHEREAS, Notice of the public hearing on said application for a CUP has been duly published in accordance with the applicable Prior Lake Ordinances and State Statute; and WHEREAS, the Planning Commission proceeded to hear all persons interested in this issue and persons interested were afforded the opportunity to present their views and objections related to the CUP for Affordable Housing Solutions Inc.; and WHEREAS, On April 17, 2000, the City Council reviewed the request and continued the item to allow the applicant the opportunity to address four specific issues raised by the City Council pertaining to the Conditional Use Permit application; and WHEREAS, the Planning Commission and City Council find the CUP for a 43 unit multi-family dwelling located at the south east intersection of Tower Street and Toronto Avenue for Affordable Housing Solutions Inc. is in harmony with existing development in the area surrounding the project; and WHEREAS, the four issues raised by the City Council include 1) alternatives for storm - water run-off, 2) providing a sidewalk along Tower Street, 3) l:\OOfiles\OOcuo\OO-o.l o.\resOQxx2dQC E\l~ 1 16200 Eagle "Creek Ave. ~.t.., PnorLaKe, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (61L}-q47-4245 AN EQUAL OPPORTUNITY EMPLOYER providing fencing along the top of the retaining walls, and 4) redesigning the parking area to reduce left turns in and out of the site onto Toronto Avenue; and WHEREAS, on June 5, 2000, the applicant addressed these issues to the satisfaction ofthe City Council; and WHEREAS, the Planning Commission and City Council find the proposed CUP is compatible with the stated purposes and intent of the Zoning Ordinance as they relate to conditionally permitted uses, and further, that the proposed CUP meets the criteria for approval of CUP as contained in Section 110S and Section 1102.703 (1) Multi-family Dwellings (Uses Permitted with a Conditional Use Permit ofthe Zoning Ordinance). NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF PRIOR LAKE, MINNESOTA: 1. The recitals setforth above are incorporate herein as if fully setforth. 2. The Conditional Use Permit applies to the following legally described property: Lot 2, Block 3, Brooksville Center 1st Addition, according to the recorded plat thereof on file and of record in the office of the County Recorded, Scott County, Minnesota, except the westerly 80.00 feet thereof 3. The City Council hereby adopts the following findings: a) The use is consistent with and supportive of the goals and policies of the Comprehensive Plan. b) The use will not be detrimental to the health, safety, morals and general welfare of the community as a whole. c) The use is consistent with the intent and purpose of the Zoning Ordinance and the Use District in which the Conditional Use is located. d) The use will not have undue adverse impacts on governmental facilities, services, or improvements which are either existing or proposed. e) The use subject to conditions as setforth herein, will not have undue adverse impacts on the use and enjoyment of properties in close proximity to the conditional use. f) The use subject to conditions as setforth herein is compatible with the general welfare, public safety and neighborhood character. 4. The Conditional Use Permit is hereby approved subject to the following conditions 1:\OOfiles\OOcup\OO-O 1 O\resOOxx2.doc Page 2 a) The developer agrees to manage the storm water run-off from the site by either one of the following solutions: i) Diverting the run-off to a ponding and drainage area on to a site located at the corner of Toronto and Tower Streets that is the subject of a Purchase Agreement between Neil Boderman and the United States Postal Service ("Post Office Property'J the proposed post office site. ii) Constructing a storm sewer line west along Tower Street to the City's NURP pond located south of Tower Street. b) The developer agrees to pay the cost associated with (i) or (ii) and agrees that regardless of which option the applicant elects, the City's share of the improvement is not to exceed $35,200.00. c) The developer must submit all necessary plans for the storm water improvements to the City staff for approval. d) All necessary easement documents related to storage of storm water drainage on the Post Office property must be approved by the City Attorney. e) The developer must enter into the City's standard development contract for the installation of the necessary improvements prior to issuance of any type of permits. f) A grading permit must be issued and all storm water improvements on and off-site must be completed prior to issuance of any building permit. In lieu of completion of this work, the developer may submit an Irrevocable Letter of Credit, drawn on a Minnesota bank, a LOC for 125% of the cost of improvements with the building permit. The Irrevocable Letter of Credit is subject to the approval of the City Attorney. All work on the storm water improvement must be completed prior to issuance of Certificate of Occupancy. g) Sidewalk must be installed along the property line on Tower Street. h) A fence must be installed at the top of the retaining walls where height requirements create a hazard to the use of the adjacent property to the east. i) The parking lot must be redesigned to allow an entrance-only driveway from Tower Street and an exit-only driveway onto Toronto Avenue. j) Four additional shrubs must be planted in the bufferyard required along 170th Street. k) An Irrigation Plan must be submitted. I) The following issues in the engineering memo dated March 1, 2000 must be addressed. 1:\OOfiles\OOcup\OO-O 1 O\resOOxx2.doc Page 3 i) Provide a detailed traffic control plan to be implemented during utility construction on Tower Street prior to utility construction. ii) Show the location of the rock construction entrance on the plan. m) Plans indicating hydrant locations and the 300' foot hydrant radius must be provided. n) An Irrevocable Letter of Credit must be submitted for 125% of the landscaping costs, tree preservation requirements. Estimates or bids must be submitted for the required landscaping. 0) All tree replacement (89.25 caliper inches) must occur on the site with the landscaping emphasis on the bufJeryard on the east side (170th Street). The revised landscaping plan must be approved by Planning Department staff. No Final Certificate of Occupancy will be issued until the landscaping requirements are met. p) An Assent Form as shown on Exhibit A, agreeing to the conditions placed on the approval of the Conditional Use Permit as required by the Zoning Ordinance, must be signed by the applicant and all property owners. q) The resolution approving the CUP must be recorded on all afJected properties and proof of such recording presented to the Planning Department. 5. The development ofthis site will occur according to the following schedule: a) The Developer records the resolution approving the Conditional Use Permit with the Scott County Recorder. b) The Developer prepares plans and specifications addressing all the Engineering and Planning issues for review and approval by City staff. c) The City Council reviews the final plans and approves a Development Contract outlining the required improvements. d) The developer provides the City with an easement agreement executed by the appropriate parties, as required pursuant to the Paragraphs 4(a) and 4 (d). e) A grading permit is issued and all storm water improvements on and off- site must be completed prior to issuance of a building permit. In lieu of completion of this work, the developer may submit a LOC.for 125% of the cost of improvements with the building permit. f) A building permit is issued and construction begins. g) All work is completed and the City issues a Certificate of Occupancy. 6. Based upon the Findings and Conditions set forth above, the City Council hereby grants a Conditional Use Permit for Affordable Housing Solutions Inc. The l:\OOfiles\OOcup\OO-O 1 O\resOOxx2.doc Page 4 contents of Planning Case File #00-010 are hereby entered into and made a part of the public record and the record ofthe decision for this case. Passed and adopted this 17th day of July, 2000. YES NO Mader Ericson Gundlach Petersen Vacant Mader Ericson Gundlach Petersen Vacant {Seal} City Manager, City of Prior Lake l:\OOfiles\OOcup\OO-O 1 O\resOOxx2.doc Page 5 ASSENT OF APPLICANT File # As Approved by Resolution # The undersigned hereby assents to the following: 1. I have read the conclusions and conditions of said Resolution, and I am familiar with their contents and with the content of the exhibits. 2. I fully accept all of the terms and conditions of said Resolution. 3. I understand Section 1108.200 ofthe Prior Lake Ordinance Code provides as follows: 1108.211 Revocation and Cancellation of a Conditional Use Permit. A Conditional Use Permit may be revoked and canceled if the Zoning Administrator determines that the holder of an existing Conditional Use Permit has violated any of the conditions or requirements imposed as a condition to approval of the Conditional Use Permit, or has violated any other applicable laws, ordinances, or enforceable regulation. 1108.212 After One Year, No Construction Required. All Conditional Use Permits shall be revoked and canceled if 1 year has elapsed from the date of the adoption of the resolution granting the Conditional Use Permit and the holder of the Conditional Use Permit has failed to make substantial use of the premises according to the provisions contained in the Permit. 1108.213 After One Year, New Construction Required. All Conditional Use Permits shall be revoked and canceled after 1 year has elapsed from the date of the adoption of the resolution granting the Conditional Use Permit if a new structure or alteration or substantial repair of an existing building is required by the Conditional Use Permit and the holder has failed to complete the work, unless a valid building permit authorizing such work has been issued and work is progressing in an orderly way. 1108.416 Upon Occurrence of Certain Events. If the holder of a Conditional Use Permit fails to make actual use of vacant land, or land and structures which were existing when the Conditional Use Permit was issued and no new structure, alteration or substantial repair to existing buildings was required; or if a new structure was required by the Conditional Use Permit and no building permit has been obtained, the Conditional Use Permit shall be deemed revoked and canceled upon the occurrence of any of the following events: L:\DEPTWORK\BLANKFRM\ASENTCUP.DOC 1 16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER . . (1) A change in the Use District for such lands is made by amendment to the Zoning Ordinance by the City Council. (2) Eminent domain proceedings have been initiated to take all or any part of the premises described in the Conditional Use Permit. (3) The use described in the Conditional Use Permit becomes an illegal activity under the laws of the United States of America or the State of Minnesota. (4) Title to all or part of land described in such Conditional Use Permit is forfeited to the State of Minnesota for nonpayment of taxes. (5) The person to whom the Conditional Use Permit was issued files a written statement in which that person states that the Conditional Use Permit has been abandoned. The statement shall describe the land involved or state the resolution number under which the Conditional Use Permit was granted. (6) The premises for which the Conditional Use Permit was issued are used by the person to whom the Conditional Use Permit was issued in a manner inconsistent with the provisions of such Conditional Use Permit. 4. I understand the granting by the City of this Resolution is in reliance on the representations that I will fully comply with all ofthe terms and conditions of said Resolution. I understand and agree upon notice of non-compliance with any term or condition, I shall immediately cease conducting activities pursuant to the notice or will take all actions necessary to accomplish full compliance with said notice and conditions ofthe Resolution. DATE SIGNATURE OF APPLICANT SIGNATURE OF OWNER ADDRESS OF PROPERTY L:\DEPTWORK\BLANKFRM\ASENTCUP,DOC 2 MEETING DATE: AGENDA #: PREPARED BY: REVIEWED BY: AGENDA ITEM: DISCUSSION: CITY COUNCIL AGENDA REPORT JUNE 5, 2000 8B JENNI TOVAR, PLANNER DON RYE, PLANNING DIRECTOR CONSIDER APPROVAL OF STORM WATER ALTERNATIVES FOR PROPOSED CONDITIONAL USE PERMIT FOR A MULTI-FAMILY DWELLING FOR AFFORDABLE HOUSING SOLUTIONS INC. ON PROPERTY LOCATED IN THE SOUTHEAST INTERSECTION OF TOWER STREET AND TORONTO AVENUE Histo'Y: On April 17, 2000 the City Council heard a request for a Conditional Use Permit to allow the construction of a 43 unit multi- family dwelling. The Council specifically raised four issues to be addressed. They are storm water run-off alternatives, provide a sidewalk along Tower Street, provide a fence at the top of retaining walls, and reduce left turns in and out by providing an exit only drive on Toronto Avenue and an entrance/exit driveway on Tower Street. This item was continued on May 15, 2000 to the June 5, 2000 City Council meeting. Current Circumstallces: Attached is a letter from the applicant stating how they intend to address the issues raised. They will provide a sidewalk, a fence as needed, and redesign the parking lot and drives as recommended by the City Council. The remaining item is to address storm water run-off. The Issues: The original proposal to deal with storm water from the site was a combination of on-site storage (within the parking lot) and sheet drainage over the roadway as presently exists. Because of safety concerns, the Council has directed that more a permanent solution be developed together with the construction ofthis project. It is the direction of the City Council for staff to provide alternatives for reducing the existing storm water run-off within the intersection of Tower Street and Toronto Avenue with the construction of the proposed building. Staff has discussed alternatives and met with the l:\.OOfile$\OOcup\OO-.D I 0\00-0.1 Oel.doc Pfl,ge 1 162mn:agl€ Creek Ave. ~.E., Pnor Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax \61~) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER applicant and the applicant's legal counsel. The applicant is willing to consider the proposed alternatives. Attached is a memo from City Engineer Bud Osmundson detailing the options. A. Divert stormwater under the intersection to the proposed Post Office site. Ponding is a part of the Post Office's overall site plan. An easement for use of the property for ponding and drainage would be required to be obtained by the developer. B. Construct a storm sewer line running west along Tower Street to the City's pond located south of the street. Both of these options create a cost to the City. Option A would cost an estimated $44,000. The City's share would be $35,200 and the developer's share would be $8,800. Option B would cost an estimated $100,000 with the City's share being $80,000 and the developers share $20,000. The Council could also consider the fact that there are no funds contained in the current budget or the CIP for 2001 and determine that storm water improvements would only be done in conjunction with the Ring Road. As noted in Bud Osmundsons memo, the project could also be funded out of Storm Drain Utility or Trunk funds. During the Council's deliberation on this issue on April 17, Councilmember Ericson noted water problems at the intersection of Tower and Toronto based on his personal observation. In his view, he suggested that the Council should require a permanent solution to the drainage problem at this intersection before the project proceeded. Because of the identified drainage problem and the possibility that this project as originally proposed could exacerbate the problem, the Council may consider whether it wishes to factor these storm water improvement costs into it's decision on the conditional use permit. If the Council decides to approve the project, a condition could be added to the resolution, as noted below, requiring the installation of the permanent storm water improvement concurrent with site grading for the project. Under either option A or option B, there are several financing alternatives. The developer could pay the entire costs up front, enter into a developers agreement, and be reimbursed by the City for improvements affecting other property owners. The developer and other affected property owner's could petition for public improvements. The developer has expressed a preference for the first alternative, as it is likely an easement can be obtained from the Post Office property owners. According to the developer, Mr. Boderman has agreed to provide a temporary easement if the Post Office will agree. If an easement cannot be obtained, the alternative would be to I:\OOfiles\OOcup\OO-O I 0\00-0 I OcI.doc Page 2 I. wait until the Post Office site is developed or to proceed with the second alternative. Typically, the City would require that the storm water issue be addressed within the building permit and prior to issuance of a Certificate of Occupancy. If the Council believes that this is too late, then resolution of the matter could be required by issuing a separate grading permit, with all work to be completed prior to issuance of a building permit. Another option would be to have the grading completed under the building permit with no footing inspection until the grading is completed. Conclusion: Staff recommends proceeding with Alternative A. The developer has stated this could be an acceptable resolution (dependent on final costs and agreements, etc.). Alternative A would require preparation of a Developer's Agreement for cost sharing the storm water improvements, an easement being provided to Affordable Housing Solutions, Inc. for the ponding at the Post Office site, and preparation of a ponding/grading plan at the Post Office site. At this time, staff is seeking direction to proceed. Once direction has been given, and an alternative solution to storm water improvements recommended, the site plan would be amended as previously recommended by staff, the Planning Commission and the City Council and a resolution approving the CUP will be prepared. Site Plan changes include: 1. Four additional shrubs are required to be planted in the bufferyard along 170th Street. (Staff recommendation). 2. Irrigation Plan to be submitted. (Staff recommendation). 3. The following issues in engineering memo dated March 1, 2000 must be addressed. (Staff recommendation). a) Provide a detailed traffic control plan, including parking for workers, to be implemented during construction and particularly prior to clearing and utility construction. b) Show the location of the rock construction entrance on the plan. c) Install catch basins in the driveway entrance at Tower Street. Extend pipe to the comer of Toronto Avenue and Tower Street for future connection of storm sewer by City. 4. Hydrant locations indicated and 300' foot hydrant radius to be provided. (Staff recommendation). 5. Revised Landscaping Plan to include all tree replacement occurring on site with emphasis on screening along 170th yard (planning Commission recommendation). 6. Altering ingress/egress drive to Tower Street and one way exit to Toronto Avenue. (City Council recommendation). l:\OOfiles\OOcup\OO-O I 0\00-0 I Oc I.doc Page 3 FISCAL IMP ACT: ALTERNATIVES: RECOMMENDED MOTION: REVIEWED BY: 7. Providing a fence along top of retaining walls along adjacent private property. (City Council recommendation). 8. Provide a sidewalk along Tower Street. (City Council recommendation). 9. A letter of credit must be submitted. The LOC will be for 125% of landscaping costs, tree preservation requirements, Estimates or bids must be submitted for the required landscaping (Staff recommendation). Budget Impact: The construction of the building will add tax base to the City. Utilizing Alternative A, the construction of storm water improvements will cost the City an estimated $35, 200. Affordable Housing Solutions, Inc., as a part of the CUP and Developers Agreement, will pay approximately $8,800. The City's portion of the improvement could come from the Storm Drain Utility and/or Trunk Funds. The City Council has three alternatives: 1. Defer consideration of this item giving staff specific direction to proceed regarding storm water alternatives to be incorporated into the requested CUP and direct preparation of a resolution approving the CUP with conditions. 2. Direct preparation of a resolution of denial of the Conditional Use Permit for specific reasons. 3. Continue the request and direct staff to provide additional specific information. Staff recommends Alternative #1. A motion and second providing staff with specific direction to proceed regarding storm water improvements and the requested CUP and preparation of a resolution approving the CUP with conditions. 1:\OOfiles\OOcup\OO-O I 0\00-0 I Oc I.doc Page 4 Charle'S Radloff 11'6129415240 IJiJ 5/1/00 (1)3:38 PM D2I2 Charles J. Radloff · Architect May 1, 2000 Jenni Tovar Planner City of Prior Lake 16200 Eagle Creek Ave S.E. Prior Lake, MN 55372-1714 RE: Stonegate Apartments (Project #34-00) Dear Jenni, The following items will be resolved in accordance with the requests of the city council. Item #1. A sidewalk will be provided at the property line on Tower street. Item #2 A fence will be installed at the top of the retaining walls where height requirements would cause a hazard to the use of the property to the east. Item # 3 We will redesign the site plan parking lot and entrance location to the underground garage to provide a in out driveway on Tower Street and a exit only driveway on Toronto, this will reverse the one-way traffic flow in front of the building and eliminate the driveway to the building at the south west end of the building. Hoping for a quick resolution to the storm water runoff, so that this fine project may proceed. Sincerely, Charles J. Radloff Reg. Architect 9979 VALLEY VIEW ROAD-SUITE 256 -EDEN PRAIRIE. MINNESOTA 55344 - 612-941-1667 Memorandum DATE: May 31,2000 TO: Jenni Tovar, Planner FROM: Bud Osmundson, City EngineerlDirector of Public Works RE: Storm Water Drainage at the Tower/Toronto intersection and the proposed Stonegate Apartment Complex cc: Frank Boyles, City Manager; Sue McDermott, Assistant City Engineer At the April 17, 2000, City Council Meeting, staff was directed to investigate the necessary storm drain facilities to accommodate the stormwater runoff at the intersection of Tower and Toronto Streets plus the stormwater runoff from the proposed Stonegate Apartment building. Engineering staff has completed a preliminary design and cost estimate for storm drainage facilities at this intersection including facilities to the right-of-way for the proposed apartments. There are two alternative plans for providing the storm drain facilities. Plan A is the least cost alternative with an estimated construction cost of approximately $44,000. This plan consists of installing the necessary facilities at the Tower/Toronto intersection and directing the water northwesterJy to the southeast corner of the proposed post office site. The Post Office project team has tentatively committed to constructing a water quality pond in this corner which will accommodate the flow from this intersection and the entire 8.5 acre drainage area. However, the post office construction may not begin until Spring 2001 and at this time the city does not have the appropriate drainage easements from the existing property owner which would allow any added stormwater runoff to this property. Plan B is much more expensive with an estimated construction cost of $100,000. This plan includes the same storm drain facilities at the intersection of Tower and Toronto, but directs the runoff westerly through piping on Tower Street to the low point near Duluth Avenue. At this point it would connect to an existing storm drain system. The cost is significantly higher due to an additional 550 feet of pipe plus the restoration of the roadway. This project could be done immediately or in conjunction with the Stonegate Apartment building construction, as no additional easements are needed. A cost sharing alternative commonly used throughout the industry is to share the costs on a percentage basis based on the drainage area. The total drainage area is 8.5 acres and the proposed Stonegate Apartment is 1.7 acres or 20% of the drainage area. Using this cost split, the City portion of Plan A would be $35,200 and Stonegate would pay '. $8,800. For Plan B the City's portion would be $80,000 and Stonegate, $20,000. The City's portion could come from the Storm Drain Utility and/or Trunk Funds. At the meeting held with the developer on Tuesday, the developer was informed of these cost estimates and the issues with each alternative. The developer, Mr. Jeff Gustafson, stated that he was confident that he could acquire the necessary easements that were needed for Plan A. If the post office project does not go forward, the city would have to construct the ponding area on the post office site and the additional cost of that would be shared the same as previously mentioned. Either Plan A or Plan B will accommodate the storm water runoff for the area and improve the drainage at the TowerlToronto intersection. Staff recommends moving forward with Plan A if Council wants to go ahead with the Stonegate Apartment complex at this time. A written agreement will be drafted and approved by the City Attorney which will outline the responsibilities of each party and would be returned to the City Council for their approval with the Stonegate Apartment final CUP 2 -, l ~ o 5 - Z I c:( W , 3^ 'rIH r..Lf)h '/)0 ?/J.N3;) SN '}fOO&a z .. o o ~ ~ =1~ ~ .-6 ~ o ~ ~ ~ <I Z~ < s: N ~u ~ ~~ .:/,~ ~tt"\ Ul""O V' :4 o QI' Q> ~ Q ~& O~ ~ ~ ~ ~ ". ~ ~ " z - o <( --< . dJ ~ t ~ c::: ~ 'v' .L01.Ln t; ~ ~ ~ ~ ~ ~ ~ ~ .?r\ ~ ~ v' o ~ ~ ~ TORONTO AVE. ~ ~ ('f) ~ % ~ ~ ~ N i \ en "'0 .s (1) ~ 00 00 0 .>< ~ ~ ~ ~ ~ Q ~ Z ~ j, >< ~ ~ ~ ci5 ..= ~ o t' ~ LO ~ ~ ('t) N ~ o """ (j) City Council Meeting Minutes Verbatim Transcript April 17, 2000 Agenda Item 98 Consider Approval of Resolution DO-XX Approving the Conditional Use Permit for a Multi-Family Dwelling for Affordable Housing Solutions, Inc. on Property Located in the Southeast Intersection of Tower Street and Toronto Avenue. 1 Mader: The next item is Item 98 which is to consider approval of a resolution that relates to a multi- 2 family dwelling at the intersection of Tower and Toronto Streets. 3 4 Boyles: Mayor, Member of the Council, you will recall that the City sold a 1.7 acre property at the 5 intersection of Tower and Toronto. This is a conditional use permit request as required under your 6 zoning ordinance which would allow for the development of a 43 unit market rate multi-family dwelling 7 unit. I'm going to ask Jenni Tovar, our planner, to review the conditional use permit criteria at least in 8 kind of a summary fashion and provide you with the staff's input. I would direct your attention however, 9 to page 11 of the staff report and that page indicates certainly as a conditional use permit there are 10 reasonable conditions that the City Council may place upon any conditional use, and you'll see on that 11 page some five that have already been proposed. There are a number of others that you may wish to 12 consider. No parking, for example along Toronto Avenue, completion of storm sewer improvements in 13 conjunction with post office project, a limitation of access to the garage via Tower Street or some other 14 combination as you see most safe, and then finally tree replacement location, and that is a Planning 15 Commission proposal. With that, Jenni? 16 17 Tovar: Thank you Frank. Just to highlight the previous events on this applications. On March 27th the 18 Planning Commission on a 4-0 vote recommended that the City Council approve this conditional use 19 permit with conditions. The hearing focused on traffic, drainage related to runoff and the lack of storm 20 sewer, parking, and tree preservation. And, if Sue can put up the site plan, I'm just going to go through 21 each one of these issues that the Planning Commission discussion specifically. With regards to tree 22 preservation, there are 13 trees or 42.25 caliper inches which were proposed to be planted on City 23 property. When a developer removes trees, they can remove up to 25% without replacement. Anything 24 about and beyond that has to be replaced at one-half to one. The Developer had proposed to put 42 of 25 the required 59 inches off-site. The Planning Commission originally recommended that all those 26 replacement trees be planted on the site with the majority to be planted along 170th Street, which is 27 shown on the left side there. However, not all of the replacement inches can be planted along that 28 bufferyard along 170th Street and survive due to limited space. You can only fit so many trees in a 30 29 foot area, so the Planning Commission therefore recommended the developer meet with staff to 30 accomplish increased screening and buffing objections and accomplish tree replacement on-site. And if 31 I could have Sue put up the larger 11x17. I did meet with the developer today as to how that can be 32 accomplished. The revised plan on the right-hand side is 170th Street and they suggested planting 14 33 coniferous trees that will fit there and survive, and moving some of the other deciduous trees amongst 34 the site. The other issue that the Planning Commission discussed was parking. They discussed the 35 need for "No Parking" signage in the area. It was suggested that Tower Street and Toronto be post 36 with signs. And currently there are signs posted on Tower Street, but not on Toronto Avenue. If the City 37 Council desired, a condition requiring the developer to post "No Parking" signs on Toronto Avenue 38 between Tower and 170th Street can be added. Another item of discussion at the public hearing was 39 traffic. And just to go over some projected counts. According to the Institute of Traffic Engineers, the 40 trip generation on this project will be 278 trips per day. The peak am hour will be 24 trips, and the peak 41 pm hour will be 26 trips, averaging the rest throughout the day. Toronto Avenue is a two-lane urban 42 street which is capable of carrying 8000 - 9000 cars per day. In 1999, the count on Toronto Avenue 43 was 2300. And as I said, according to the estimates for this proposed use, 278 trips per day will be the 44 increase. The other thing was runoff. The existing runoff on the site is 4.05 cubic feet per second. Verbatim Transcript April 17, 2000 City Council Meeting Item 98 1 Without on-site ponding, the runoff will be 6.04 cubic feet per second. The applicant is proposing to 2 provide ponding within the parking lot which will result in a runoff of 4.17 cubic feet per second and the 3 increased runoff is therefore 0.12 cubic feet per second. There currently is no storm sewer serving the 4 area. The water from the area collects at the intersection of Tower and Toronto Street. Staff does 5 anticipate a storm sewer system to be constructed with the future construction of the ring road and this 6 project is currently scheduled for 2001 in the 2001-2005 CIP which is going to be reviewed by the City 7 Council on May 1 st. The developer is also providing for a future connection, or a connection to future 8 City storm sewer systems, to be constructed as part of that ring road. The plans indicate construction 9 of storm sewer pipe to the right-of-way to be connected to the future system. I just also want to 10 mention you do have a petition. The City did receive a petition signed by 75 people protesting this 11 project, and that's in your packet. And as Frank said, there are additional reasonable conditions which 12 the Council can make a condition of the conditional use permit, such as the "no parking" signs on 13 Toronto Avenue, completion of the storm sewer improvement in conjunction with the post office project, 14 limitation of access to the garage via Tower Street, and tree replacement location as proposed by the 15 Planning Commission. Staff recommends approval of the conditional use permit with the following 16 conditions: four additional shrubs are required to be planted in the buffer yard along 170th Street, and 17 irrigation plan is to be submitted. There is a memo in your packet from the Engineering staff dated 18 March 1 st which has three issues in it which have yet to be addressed. Hydrant locations need to be 19 indicated and a 300 foot hydrant radius needs to be provided and a letter of credit needs to be 20 submitted. And the Planning Commission did recommend adding a sixth condition requiring all tree 21 replacement occur on-site with an emphasis on the buffer yard on the east side which is 170th Street 22 to be approved by staff, and that is in the attached resolution. And I will stand for any questions. 23 24 Mader: One question Jenni. What is our time frame on this for acting? 25 26 Tovar: The applicant has signed a 120 day waiver due to the continuances that were up front at the 27 Planning Commission. 28 29 Mader: When does that 120 days......? 30 31 Tovar: They waived it due to their continuance at the Planning Commission. 32 33 Mader: Any questions of Council members of staff at this point? 34 35 Ericson: Yes, I have several. On page 1, right about where it says "current circumstances", it says the 36 property has been zoned for multi-family residential uses since 1975. Has it always been R-4, or has it 37 been R-3 in the past, and if so, when did that change occur? 38 39 Tovar: Well, on the original zoning ordinance from 1975, it was zoned R-3, which there was no R-4 at 40 that time. R-3 at that time was defined as multi-family residential. That was changed when the City 41 adopted a new zoning ordinance, May 1, 1999, I believe, when we readjusted the multi-family zoning 42 districts and added an R-3 and then consequently added an R-4. 43 44 Ericson: Ok, and when it was an R-3, what was the density for that area for an R-3? 45 46 Tovar: I don't have that information. 47 48 Rye: Council member, the old ordinance, the maximum density for conventional development was 14 49 units per acre, and they could go up to 18.8, I think through a PUD. 50 2 R:\COUNCIL\MINUTES\STONGATE.DOC Verbatim Transcript April 17, 2000 City Council Meeting Item 98 1 Ericson: Page 2, it talks about proposed access from Tower and Toronto. Neither of these roads is 2 designed as an arterial or collector road, and it's my understanding that access to a high-density 3 residential must be on a collector or arterial roadway. 4 5 [End of Tape.] 6 7 Tovar: ........under "Uses Permitted With A Conditional Use Permit" under multiple family dwellings, 8 "access shall be to a roadway identified in the Comprehensive Plan as a collector or arterial, or shall be 9 otherwise located so that access can be provided without generating significant traffic on local 10 residential streets". 11 12 Ericson: In talking about trip generation and roads and how they are designed, you say that a road 13 such as Toronto and Tower can carry 8,000 to 9,000 cars per day. That's the way they are designed. 14 Correct? 15 16 Tovar: According to the Comprehensive Plan that's a two-lane urban street which is designed to carry 17 8 to 9 thousand cars per day. 18 19 Ericson: And what are the design criteria for carrying 8 to 9 thousand cars per day. Is it like the width 20 of the road, how thick the tar is and things like that. Is that some of the primary concerns on how they 21 are constructed. 22 23 Rye: Typically, it'll have to do with number of lanes, width of the lanes, capacity of the street. 24 Something we should probably keep in mind - that 8 to 9 thousand is really a maximum figure. That's 25 assuming, basically that the road is running pretty much at capacity 24-hours a day. If you were going 26 to build a street to accommodate a volume of 8 or 9 thousand a day, it would be probably a higher 27 standard. 28 29 Ericson: OK. And, I guess I'm not concerned that we're going to get 8 or 9 thousand cars per day 30 down there. I certainly hope not. I don't want it to be a Minneapolis. My concern about the traffic flow 31 has nothing to do with volumes of cars, ok. One of the concerns I have is especially with the proposed 32 layout the way it is, cars going across traffic when you have other cars going to other areas, specifically 33 in the evenings when there is a lot of ball field activity and things like that. And I think that is significant 34 to point out that it is not a volume issue that I have any concern about. I think we really need to take a 35 look at how those accesses are going into and out of that property. A couple of other questions. Jenni, 36 when you take a look at the height or the elevations of the property, how do you go about that? Do you 37 use a computer system to determine how high the building is going to be, or do you use, which, I 38 thought I saw you using a ruler and a pencil trying to measure out the elevations compared to the 39 drawings that were submitted one day when I came to your office? 40 41 Tovar: How we measure the height, and I'll just read you the definition: A distance measured from the 42 mean curb level along the front lot line or from the finished grade level for all that portion of the 43 structure having frontage on a public right-of-way, whichever is higher, to the mean distance of the 44 highest gable on a pitched or hip roof. So we start by getting the mean curb level along the front line, or 45 the finished grade level. In this case, it is from the finished grade level for all that portion of the 46 structure having frontage on a public right-of-way. So the survey indicates the high and the low points 47 at each corner. That's indicated on the survey, and I don't know if you can see it. If Sue puts up that 48 first site plan they are on there. And the mean is just the average, highest plus the lowest divided by 49 two. That gives you the mean curb elevation. Then when you look at the elevation sheets. This sheet. 50 In the building, it gives you the mean curb elevation down here measured to the mean peak roof which 3 R:\COUNCIL\MINUTES\STONGATE.DOC Verbatim Transcript April 17, 2000 City Council Meeting Item 98 1 is right here to get the height. And that's in accordance with the ordinance. Why I probably scaled it out 2 that day is because we didn't have this originally. On the original plan, we didn't have this mean roof 3 elevation. 4 5 Ericson: OK. Several more questions. Going to page 4 in our staff report, it talks about setbacks, and 6 it's the third line. It says, "for the purposes of determining setbacks, a bonus is given for underground 7 parking." Can you explain to me what the bonus is and rationale and things of that nature? 8 9 Tovar: The bonus, I believe, maybe I should grab the ordinance, but it takes out nine feet off of the 10 height of the building for setbacks. Setback in this case is determined by half the height of the building. 11 For the purposes of setbacks, that nine feet is taken off of the height because the garage is 12 underground. That's the bonus for having parking underground, underneath the building. The setbacks 13 is not...... The developer is not penalized because now their height may be higher because they have 14 underground parking, which consequently would increase their setback if there setback is equal to the 15 height of the building. So therefore, the height of the underground parking is not counted for the 16 setback. 17 Ericson: OK. You'll have to bare with me. I have quite a few questions here. Talking about parking, 18 page 5, 87 stalls are required and it says the plan indicates that 86 stalls and 1 stall in front of the 19 mechanical room. Is a stall in front of a mechanical room an acceptable parking spot? I mean, I know, 20 for example, in a building you have to be so far from an electrical box, like 36 inches or something, so 21 there is no obstruction to a mechanical room. Are there any types of requirements for access into a 22 mechanical room? Is anyone aware of that? 23 24 Tovar: I would presume that....Our Building Official has looked at this in great detail. He's not here by 25 speak, but if there were some building code related item to that, it would have been made a point. I 26 would presume at this point. 27 28 Ericson: Now I'm going to page 6, and Existing I Proposed Runoff of Storm Water. Currently there is 29 4.05 feet. The addition of this property will bring it up to 6.04. I understand that the developer is 30 proposing to do some ponding in the parking lot. Is that correct? 31 32 Tovar: That's correct. 33 34 Ericson: I don't know....l'm sure that the developer probably would want to come up and talk. I have to 35 be honest with you, I know I have been to a number of your meetings and you're saying that you're 36 going to have market rate apartments for $1300 - $1400 per month and I just cannot see that someone 37 paying that much is going to want to walk into a foot of water in the parking lot when they are paying 38 that much. I also....I'm really not concerned about water as much as I am the freezing of the water in 39 the winter time. I don't think that the proposed drainage issue as it is currently being proposed is 40 acceptable at all. First of all, I have personally been in two accidents on that corner with what the runoff 41 is right now. I think that adding the additional runoff to the area without a concrete, in-place solution for 42 that drainage, as a condition of this being.....going forward is absolutely necessary. There is a bus stop 43 there, and I know bus stops can change, however, I don't think that is going to move too far because 44 there is a need in that area for the bus stop. It is a hazard right now and that has to be taken care of. 45 That's a big concern of mine. And we go down a little bit further and it says....I'm on page 7....and 46 you're saying that it's going to be in the 2001 -2005 CIP for the water runoff, and that's on the top of 47 page 7. We haven't approved anything for that yet. I don't know if we funding for that. We are talking 48 about where we are going to get funding for a lot of things. I think it is convenient to say that we are 49 going to put it in there just because the ring road is going in there, but we haven't even approved the 50 ....how we are going to go about the ring road. And my concern is that even if the developer does put 4 R:\COUNCIL\MINUTES\STONGATE.DOC . . Verbatim Transcript April 17, 2000 City Council Meeting Item 98 1 whatever portion he says that he's going to put in there, that we could be talking potentially another 2 year and a half before that gets hooked up. And so in the meantime, we're adding additional water to 3 that corner which is a problem and I'm sure everyone is aware of it. And so basically, we have an ice 4 skating rink on that corner without it being taken care of right away. I do see that it says that there 5 should be an option, an option would be to require the development agreement to construct some sort 6 of agreement with the post office. I would suggest that unless something like that or storm water going 7 north of there, if either the ponding could be addressed with the post office, or going north that that 8 would; either one of those would have to be a conditional prior to anything happening on this property. 9 Ok, page 10 of our packet, item number 5 says "the use will not have undue adverse impacts on the 10 use and enjoyment of properties in close proximity to the conditional use" and below that it says "this 11 use is adjacent to three public streets and a townhome development to the east". It further goes on to 12 say that "this use will not have impact on enjoyment of the properties in close proximity". I think it is 13 important to note that there is one element of property that happens to be missing out of that and that 14 is an R-1 district to the south. And I would suggest that this proposed property would have an adverse 15 impact on those properties which, in fact, are in close proximity. I am concerned about the additional 16 shrubs and trees. To me it seems that we put our plans together and require tree replacement and 17 things of that nature because we want a certain set volume or number of trees to be put in there. You 18 stated that they cannot figure out a way to get all of those trees in there and that suggests to me that 19 they are trying to put too much into a particular area because if they could put that in there and our tree 20 preservation program is supposed to work the way it is, I would think that they should be able to put all 21 of the trees back on there. 22 23 Tovar: Councilman Ericson, can I clarify something. What the replacement we are talking about 24 planting all those replacement trees along 170th Street. There is not enough room to plant it between 25 the building and 170th Street. 26 27 Ericson: But they can put them all on the property? 28 29 Tovar: Yes, and that was the revised plan that I had put up on the overhead which had indicated that. 30 31 Ericson: Ok, I just have a few more things here. On page 27 of our Comprehensive Plan, way back 32 there, item number (w) as conditions, I think it's under section 2. Actually what I'm looking at is right 33 above objective 3, it says "development shall be constructed in a manner sensitive to the impact of the 34 natural features, environmental constraints, including but not limited to surface water..." an issue that I 35 have been talking about for quite some time, and it hasn't been until recently that anyone has really 36 addressed the concerns that I have about the surface water with the runoff. 37 38 Pace: Jim, excuse me. Can you cite the page that your referring to? 39 40 Ericson: Page 27, item (w). So, what this suggests to me is, in fact, that that surface water, that runoff, 41 has to be taken care of. It says it in our policies. We have put these in place for those specific reasons. 42 I have personal knowledge of the area. I drive down the road all the time, but that has nothing to do 43 with it. What I'm talking about is this tells me that has to be taken care of. And I'm just about done. I 44 would just ask the rest of the Council to really take a good close look at this. I do have some legitimate 45 safety concerns. A couple other things. We go into the ....where we are talking about crime in the area, 46 and I think we'll start with page 7. Apparently you got some different numbers than I did. I asked the 47 Police Chief for some numbers, and I asked for all non-traffic related police calls to that area, which 48 include Tower Street and then also the Brooksville Apartment, and I believe there are approximately 49 200 apartments in that area. Is that pretty close? 50 R:\COUNCIL\MINUTES\STONGATE.DOC 5 Verbatim Transcript April 17, 2000 City Council Meeting Item 98 1 Tovar: Brooksville Apartments has 36. Tower Hills 68. Tower Hill West 51. 2 3 Ericson: But all combined within that 1 block area there is about what? 4 5 Tovar: 160. 6 7 Ericson: The information that I got from the Police Chief is from January 1, 1999 through December 8 31, 1999. There are a total of 217 non-traffic related calls to those addresses in those areas. And then I 9 know you go and compare it to some other areas. What I would suggest is 217 police calls is an awful 10 lot for that small of an area. You add another 43 which would be another 25% to that, so that I can 11 basically, or we can all expect that with the addition of this type of property in close proximity to the 12 other high-density residential uses in that area, we can expect at least another 50 police calls per year 13 to that one block. That brings it up to 250 in a year, if we are to use the same numbers that were from 14 last year. I don't know about you, but 250 police calls to one block seems to be an exorbitant amount. 15 We compare then on page 7, actually it's page 8, to a number of different areas.... I think it's page 8, 16 no, excuse me, it's still page 7....to like Willow Beach and Oakridge neighborhoods. I don't know what 17 those neighborhoods are. I'm still learning all the neighborhoods, but I would suggest to you is that the 18 Wood ridge Estate area has, I believe about 125 house, or 120, does anyone know? Ok, let's just say 19 it's 125 house in there, and I would bet you, you don't have more than 5 police calls in a year there. So 20 you have the same number of units, and you have maybe 5 police call a year compared to this other 21 area where you have 250. I find it totally unacceptable and it's not right. I am concerned about the 22 entry way in and out of the area. I am concerned about the water. I am concerned about the crime, and 23 also, while I have a chance to call up of the members of the audience as well and ask some specific 24 questions. 25 26 Mader: You certainly will, yes. 27 28 Ericson: Ok, then I just have one last thing. 29 30 Mader: That is if you yield before midnight. 31 32 Ericson: Let's go way in the back of our packets, and it says "Building Smarter with Apartments". Who, 33 in their infinite wisdom, decided to put this in our packets? 34 35 Tovar: I did. 36 37 Ericson: Ok. What I'm going to suggest is that this talks how great apartments are and things of that 38 nature, but you go way to the end and you see that it is sponsored by the National Apartment 39 Association. So, I would think that they would have an invested interest in how great apartments are 40 since that is there business, and I just want to suggest that this is actually really not acceptable in 41 terms of being a objective piece of literature. And I'll pass it on to someone else. 42 43 Mader: I would like to just comment on two of the items Jim mentioned. I think he was commenting that 44 safety in that particular area shouldn't be judged by the criteria of how many cars. We need to keep in 45 mind there is a grad school there on that intersection. We also need to keep in mind there is a steep 46 hill going up from that intersection up to the apartments at the top of Tower, and there is no school bus 47 service at the top of that hill so children who are coming for school bus come walking down the street. 48 There actually in the street, and then they get down to the intersection which in the winter time is 49 frozen over, and then they stand in the roadway waiting for the bus. So there are some unique issues 50 there and as a consequence of that, one of the things I had suggested to staff a couple of days ago, is 6 R:\COUNCIL\MINUTES\STONGATE.DOC Verbatim Transcript April 17, 2000 City Council Meeting Item 98 1 to take a serious look at the question of whether the traffic in and out of that facility could be managed 2 with the entrance on Tower being and entrance, and the one on Toronto being and exit. What that 3 would do, is keep any traffic from having to cross the lane, because traffic coming into the apartment 4 complex would all be in the right lane going up the hill and they would all make a right turn, and they 5 would have just come through an intersection which means that they are slowed down and that it's 6 controlled traffic in other words. And traffic coming out of the apartment complex I would assumed 99% 7 of it or more would turn and head in a westerly direction, or make a right turn, which means they would 8 be making a right turn into a right lane. So, I would, if somebody else doesn't add that as a conditional 9 use permit, I'm going to add that. There may be some...! would suggest also that engineering staff has 10 to look at that and see if that makes sense, but that would be one of my perceptions. The other has to 11 do with the ice situation. I know that has been a troublesome intersection with surface water, and 12 putting more traffic into that intersection where we have again the situation I mentioned earlier, children 13 collecting there for school bus, traffic coming down Tower Street which is already coming down a steep 14 hill, it is an intersection right now kind of designed to have accidents. I would certainly echo Jim's 15 comments that we need to address that issue so that that water is not surface water, that it's 16 underground some way so we don't have to deal with it on our streets. Those are the only comments I 17 have relative to this issue right now. Other questions of Jenni? Pete? 18 19 Schenck: Jenni, how close are we to the existing hook-up to the sewer system? 20 21 Tovar: I would refer that to the City Engineer. Storm sewer? 22 23 Schenck: Storm sewer system. Yes. 24 25 Osmundson: It is about, I'm really guessing here, 500 or 600 feet to the west on Tower Street. 26 27 Schenck: It is the City's obligations to resolve that drainage issue then, isn't it? 28 29 Osmundson: Well, at that intersection. If you remember, when I talked about the ring road here a 30 month ago, or whatever it was, I had said at the time that we were going to do some improvements to 31 that intersection. Right now, there is no catch basins from any direction. All the water flows through that 32 intersection and actually flows west on Tower down to that low point where the wetland is, and then it 33 goes into catch basins at that point. And part of the whole ring road discussion, I said we needed to 34 have some extra money in there to put storm sewer improvements at that intersection. 35 36 Schenck: So we can't anticipate having an improvement to that intersection until the ring road is 37 approved and funds allocated? 38 39 Osmundson: Or with the post office project, or we could do it separately, whichever the Council would 40 desire. 41 42 Schenck: So, correct me, the only reason that we're holding off on this is a combination of post office 43 and ring road? 44 45 Osmundson: Yes, as far as 1...... 46 47 Schenck: Because we have an issue we need to resolve. If, because the drainage issue is a serious 48 issue, once we resolve our obligation to that intersection, should there be a condition in the CUP 49 perhaps that requires a hook-up within a certain period of time? 50 7 R:\COUNCIL\MINUTES\STONGATE.DOC .. ". Verbatim Transcript April 17, 2000 City Council Meeting Item 9B 1 Tovar: The way the plan is drawn, the applicant is proposing to put a pipe out to the right-of-way, so 2 when the City does come in and do a public improvement project, the infrastructure will already be in 3 place. 4 5 Schenck: So in other words, they are going to be ahead of where we should be. 6 7 Tovar: Yes, that was one of the changes in the engineering memo that that be added. 8 9 Schenck: OK. And then explain to me the correlation between this project and the post office ponding. 10 Are we now proposing to divert the water over to the post office property for ponding, and would that 11 be a surface diversion, or storm sewer diversion? 12 13 Tovar: Staff and Planning Commission's recommendation is that you approve the conditional use 14 permit with the storm water runoff as proposed with 0.12 additional increase in runoff. That's the 15 Planning Commission's recommendation and that was staff's recommendation. 16 17 Schenck: No, I understand that, but what's the correlation with this proposal, this CUP that we are 18 considering, and the post office. 19 20 Tovar: I'll defer that to Bud. There has been some discussion last week. 21 22 Osmundson: Yes, we have had some discussions with the post office engineer and architect and they 23 would actually be proposing to put some ponding on that...it would be kitty-corner from this site...and 24 that would take the drainage from this intersection right into that pond and it eventually would go 25 through the wetlands that's about in the middle of the post office site, and then that would traverse 26 back across Tower to the wetland on the south side where the water does go now. The whole point 27 being that nerp basins, water quality improvements, slow the water down, that type of improvement is 28 what we are talking about. 29 30 Schenck: OK. 31 32 Mader: That would mean that we would be looking at putting the water underground? 33 34 Osmundson: Correct. 35 36 Mader: Before the ring road, before there is storm sewer and that sort of thing? 37 38 Osmundson: We would put storm sewer improvements in that intersection to catch the water to bring 39 into the pipe, to bring it into this pond that I was just talking about. 40 41 Tovar: Mr. Mader, just for point of clarification. That's a comment or discussion that the developer of 42 this project has not been made aware of or privy to. I don't think that they are aware that this is an 43 alternative that the Council may be suggesting. 44 45 Mader: I understand that. Pete, any other questions? 46 47 Schenck: (Indicated no) 48 49 Mader: Any other questions of Jenni? 50 8 R:\COUNCIL\MINUTES\STONGATE.DOC Verbatim Transcript April 17, 2000 City Council Meeting Item 98 1 Boyles: Can I ask one? 2 3 Mader: Sure. 4 5 Boyles: This may be something we missed. I remember when we first started talking about this 6 project, we talked about a sidewalk going up Tower and I don't know if that was discussed and then 7 dropped, or.....1 don't see it here and I'm not sure if it was something that was an oversight that we may 8 have missed. I recall that the school superintendent called me and said "we're not sending the busses 9 up to the top of that hill, and it sure would be helpful to be able to have a sidewalk." 10 11 Tovar: There is no sidewalk shown on the plans. I don't know. That never came up in a ORC, I believe, 12 and that hasn't come up, did not come up at the Planning Commission. Certainly it is something we 13 can add. 14 15 Ericson: I think that situation came up about a year or two ago in some other discussions. I don't recall 16 it being a part of this. I think it would be a good idea since the remainder of that road already does 17 have a sidewalk to the west of that. 18 19 Mader: I think that is another item that needs to be looked at and included in the overall planning here 20 because I certainly don't think it's a good idea to have those kids walking down a roadway, particularly 21 where we are going to be putting more traffic on it. It is a bad situation right now and the situation gets 22 worse, so I think that is something that should also be considered as we finalize this plan. One of the 23 questions going through my mind here is, you know there have been a number of suggestions here 24 tonight, and I would think it would be kind of hard to finalize a resolution here at the desk tonight saying 25 "OK, here is the approval subject to these conditional use permits". I wonder if we wouldn't be better off 26 to specifically give the staff some direction on the issues we would like addressed, with the idea that 27 would come back then in a resolution for the Council to look at with specific language that would 28 address those issues. Would that make sense to the Council, rather than trying to finalize a resolution 29 tonight? I'm going to suggest then that ...Jim certainly has raised some issues. I think you have heard 30 some other comments. Particularly, from my standpoint, there would be three items I would ask for the 31 staff to address. One has to do with the sidewalk, taking them in reverse order, making sure that we do 32 address that issue because if it's going to be addressed, now is the time to do it. Secondly, making 33 sure we have a plan that keeps that surface water off the road. And thirdly, that we address that in and 34 out traffic from the apartment complex to try to prevent any crossing of lanes and specifically, I'd 35 recommend the staff look at that issue of having the exit be onto Toronto, and the entrance being from 36 Tower. Those are the three that I would ask the staff to look at to see if those can be formulated into 37 conditional use permits. And I do recognize also there will have to be some discussion with the 38 developer also as to how this might be accomplished. 39 40 Tovar: I would just like a point of clarification regarding the runoff. Do you want it to stay as it is, or do 41 you want it to be zero. Because right now, it is 4.15.......... 42 43 Mader: I want it to go under the road instead of over the road. What we have right now just goes over 44 the road and the proposal is to keep doing the same way and we already recognize that that's a hazard 45 there. 46 47 Tovar: Ok, just so I understand when we work with the developer. So right now the runoff is 4.17 csf. 48 You want it to be zero because you want the runoff to go under the road and divert it to another piece 49 of property. 50 R:\COUNCIL\MINUTES\STONGA TE.DOC 9 '. .... Verbatim Transcript April 17, 2000 City Council Meeting Item 98 1 Mader: Yeah. 2 3 Tovar: Ok. 4 5 Mader: I would certainly think, I'm not sure I understand what parking lot pooling of water is, but I 6 would certainly think that the developer would rather not have the water standing in the parking lot 7 either, and if we do it and take it underground that there is a pond on the post office side that will 8 handle that, it seems to me that that's a better solution. 9 10 Tovar: I think we should maybe discuss this with the City Attorney and the legality because the current 11 runoff as no development occurs is 4.17, and your asking the developer to now make that zero and 12 whether that is reasonable.... 13 14 Mader: I'm not asking necessarily. I'm saying that the City may have some responsibility to the post 15 office, I'm just asking the City staff to go and solve the problem and then come back with the conditions 16 that should be in this application. If the City staff makes the decision and the Council agrees that, you 17 know, the City is going to pick up part of that responsibility, I have no problem with that. 18 19 Tovar: Ok, so there would be alternatives with a recommendation on how to incorporate those into 20 this. That's what you are looking for? 21 22 Mader: Yeah. 23 24 Pace: And I can work with them because we cannot divert water onto somebody else's property. 25 26 Mader: Right. It is going to take, I think, some interesting cooperation between the developer, the post 27 office, staff and so forth, to try to get to a solution, but my attitude is let's fix this corner rather than just 28 build more there and leave it as it is. We've had a significant amount of highway or blacktop breakup in 29 that area if I recall, and I wouldn't be surprised if that isn't also related to the amount of surface water 30 going over that area. I don't know if that's the case, but I know that I personally have been over there 31 when it's gotten pretty bad and I've talked to the City staff about going out and repairing and I suspect 32 that's also a water caused phenomenon. 33 34 Gundlach: Mayor, I'd like to add to that one more piece, and that's just if they can't get an agreement 35 on the ponding like with the post office and stuff, to come back and at least give us a direction for what 36 it would take to get a storm sewer down there. You know, that one way or another we have to solve 37 this issue with storm water management. 38 39 Mader: Yeah, I agree. Jim? 40 41 Ericson: I'd still like to ask about two or three questions to a member of the audience as well. 42 43 Mader: We'll get to you in a minute. Anything else Mike? Jim Petersen? Pete, anything for you? Ok 44 Jim. 45 46 Ericson: Can I call Andy Whiting up to the podium. [pause] Andy, we have ... 47 48 Mader: Excuse me, let's give us your name and address. 49 Whiting: Andy Whiting. I live at 17057 Toronto Avenue, Wood ridge Estates 1 st Addition. 50 R:\COUNCIL\MINUTES\STONGATE.DOC 10 . . I. . Verbatim Transcript April 17, 2000 City Council Meeting Item 98 1 Ericson: And what I wanted to say was, Andy, we have new rules under our new bylaws so I'm 2 supposed to ask questions. It is not up here for you to just start saying how it should be, which has 3 been in front of the Planning Commission. I was there. Just a few brief questions just to make it 4 perfectly clear to everyone in the room who may have concern. Andy, did I know you at any time prior 5 to this project? 6 7 Whiting: No. 8 9 Ericson: And at some point in time did you come to my house with a petition. 10 11 Whiting: Yes. 12 13 Ericson: And did I or did I not sign that petition? 14 15 Whiting: You would not sign it. 16 17 Ericson: Right. And did I state publicly at any time whether I would support or not support this? 18 19 Whiting: You did not. 20 21 Ericson: Ok. I just wanted to make that perfectly clear, and that's all the questions I have. 22 23 Whiting: Can I add one thing? 24 25 Ericson: Sure. 26 27 Whiting: I have ....you've pretty much reiterated all of my concerns that were brought up this evening. 28 However, I do have a ...one of the concerns is on the east side of the proposed property is going to be 29 a very steep retaining wall. It's going to be about a 14 or 15 foot cut. With the amount of kids back 30 there in that area, I think that is a major safety hazard for the City if they do approve a conditional use 31 permit if someone trips and falls down that retaining wall also. 32 33 Mader: Ok, thank you. I'm going to move on this item that it be deferred subject to more input from the 34 staff on the concerns that have been raised by Council this evening. 35 36 Schenck: I'll second that. 37 38 Mader: Ok, the motion has been made and seconded. Any additional discussion? [pause] Those in 39 favor signify by saying aye. Aye 40 41 Gundlach: Aye. 42 43 Petersen: Aye 44 45 Schenck Aye 46 47 Mader: Those opposed? 48 49 Ericson: Nay. 50 11 R:\COUNCIL\MINUTES\STONGATE.DOC MEETING DATE: AGENDA #: PREPARED BY: REVIEWED BY: AGENDA ITEM: DISCUSSION: CITY COUNCIL AGENDA REPORT MAY 15, 2000 8A JENNITOVAE4PLANNER DON RYE, PLANNING DIRECTOR CONSIDER APPROVAL OF STORM WATER ALTERNATIVES FOR PROPOSED CONDITIONAL USE PERMIT FOR A MULTI-FAMILY DWELLING FOR AFFORDABLE HOUSING SOLUTIONS INC. ON PROPERTY LOCATED IN THE SOUTHEAST INTERSECTION OF TOWER STREET AND TORONTO AVENUE History: On April 17, 2000 the City Council heard a request for a Conditional Use Permit to allow the construction of a 43 unit multi- family dwelling. The Council specifically raised four issues to be addressed. They are storm water run-off alternatives, provide a sidewalk along Tower Street, provide a fence at the top of retaining walls, and reduce left turns in and out by providing an exit only drive on Toronto Avenue and an entrance/exit driveway on Tower Street. Current Circumstances: Attached is a letter from the applicant stating how they intend to address the issues raised. They will provide a sidewalk, a fence as needed, and redesign the parking lot and drives as recommended by the City Council. The remaining item is to address storm water run-off. The Issues: The options for minimizing storm water run-off on site include the proposed ponding within the parking lot, or providing an underground storm water holding tank, or providing an above ground holding pond. These alternatives are not conducive to solving the problem of storm water run-off within the intersection of Tower Street and Toronto Avenues. . It is the direction of the City Council for staff to provide alternatives for reducing the existing storm water run-off within the intersection of Tower Street and Toronto Avenue with the construction ofthe proposed building. Staff has discussed alternatives and met with the applicant and the applicant's legal counseL The applicant is willing to 1620~m.~f~o~r~ROP?JJ>.'~.i~,O~fbl}CLake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fal(tff2) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER consider the proposed alternatives. Attached is a memo from City Engineer Bud Osmundson detailing the options. A. Divert stormwater under the intersection to the proposed Post Office site. Ponding is a part of the Post Office's overall site plan. An easement for use of the property for ponding and drainage would be required to be obtained by the developer. B. Construct a storm sewer line running west along Tower Street to the City's pond located south of the street. Both of these options create a cost to the City. Option A would cost an estimated $44,000. The City's share would be $35,200 and the developer's share would be $8,800. Option B would cost an estimated $100,000 with the City's share being $80,000 and the developers share $20,000. The Council may factor these costs into its decision on whether to approve or deny of the CUP. In either case, options for financing are flexible. The developer could pay the entire costs up front, enter into a developers agreement, and be reimbursed by the City for improvements affecting other property owners. Another option would allow the developer and other affected property owner's to petition for public improvements. The developer has expressed the first alternative as the most viable for resolving the situation at this time, as it is likely an easement can be obtained from the Post Office property owners. If an easement cannot be obtained, the alternative would be to wait until the Post Office site is developed or to proceed with the second alternative. Resolution of the storm water issue would be required prior to the issuance of a certificate of occupancy. Conclusion: Staff recommends proceeding with Alternative A. The developer has stated this could be an acceptable resolution (dependent on final costs and agreements, etc.). Alternative A would require preparation of a Developer's Agreement for cost sharing the storm water improvements, an easement being provided to Affordable Housing Solutions, Inc. for the ponding at the Post Office site, and preparation of a ponding/grading plan at the Post Office site. At this time, staff is seeking direction to proceed. Once direction has been given, and an alternative solution to storm water improvements recommended, the site plan would be amended as previously recommended by staff, the Planning Commission and the City Council and a resolution approving the CUP will be prepared. Site Plan changes include: 1. Four additional shrubs are required to be planted in the bufferyard along 170th Street. (Staff recommendation). l:\OOfiles\OOcup\OO-Ol 0\00-0 1 OcO.doc Page 2 FISCAL IMPACT: ALTERNATIVES: 2. Irrigation Plan to be submitted. (Staff recommendation). 3. The following issues in engineering memo dated March 1, 2000 must be addressed. (Staff recommendation). a) Provide a detailed traffic control plan, including parking for workers, to be implemented during construction and particularly prior to clearing and utility construction. b) Show the location of the rock construction entrance on the plan. c) Install catch basins in the driveway entrance at Tower Street. Extend pipe to the comer of Toronto Avenue and Tower Street for future connection of storm sewer by City. 4. Hydrant locations indicated and 300' foot hydrant radius to be provided. (Staff recommendation). 5. Revised Landscaping Plan to include all tree replacement occurring on site with emphasis on screening along 170th yard (planning Commission recommendation). 6. Altering ingress/egress drive to Tower Street and one way exit to Toronto Avenue. (City Council recommendation). 7. Providing a fence along top of retaining walls along adjacent private property. (City Council recommendation). 8. Provide a sidewalk along Tower Street. (City Council recommendation). 9. A letter of credit must be submitted. The LOC will be for 125% of landscaping costs, tree preservation requirements, Estimates or bids must be submitted for the required landscaping (Staff recommendation). Bud.get Impact: The construction of the building will add tax base to the City. Utilizing Alternative A, the construction of storm water improvements will cost the City an estimated $35, 200. Affordable Housing Solutions, Inc., as a part of the CUP and Developers Agreement, will pay approximately $8,800. The City's portion of the improvement could come from the Storm Drain Utility and/or Trunk Funds. The City Council has three alternatives: 1. Defer consideration of this item giving staff specific direction to proceed regarding storm water alternatives to be incorporated into the requested CUP and direct preparation of a resolution approving the CUP with conditions. 2. Direct preparation of a resolution of denial of the Conditional Use Permit for specific reasons. 3. Continue the request and direct staff to provide additional specific information. l:\OOfiles\OOcup\OO-O 1 0\00-0 1 OcO.doc Page 3 RECOMMENDED MOTION: REVIEWED BY: Staff recommends Alternative #1. A motion and second providing staff with specific direction to proceed regarding storm water im rovements and the requested CUP and preparation of a resolu . approving the CUP with conditions. l:\OOfiles\OOcup\OO-O 1 0\00-0 1 OcO.doc Page 4 Charles Radloff 11'6129415240 IJiJ 5/1100 (1)3:38 PM [j212 Charles J. Radloff · Architect May 1,2000 Jenni Tovar Planner City of Prior Lake 16200 Eagle Creek Ave S.E. Prior Lake, MN 55372-1714 RE: Stonegate Apartments (Project #34-00) Dear Jenni, The following items will be resolved in accordance with the requests of the city council. Item #1. A sidewalk will be provided at the property line on Tower street. Item #2 A fence will be installed at the top of the retaining walls where height requirements would cause a hazard to the use of the property to the east. Item # 3 We will redesign the site plan parking lot and entrance location to the underground garage to provide a in out driveway on Tower Street and a exit only driveway on Toronto, this will reverse the one-way traffic flow in front of the building and eliminate the driveway to the building at the south west end of the building. Hoping for a quick resolution to the storm water runoff, so that this fine project may proceed. Sincerely, Charles J. Radloff Reg. Architect 9979 VALLEY VIEW ROAD _ SUITE 256 -EDEN PRAIRIE. MINNESOTA 55344 - 612-941-1667 Memorandum DATE: May 4, 2000 FROM: Bud Osmundson, City Engineer/Director of Public Works ~L TO: Jenni Tovar, Planner RE: Storm Water Drainage at the TowerlToronto intersection and the proposed Stonegate Apartment Complex cc: Frank Boyles, City Manager; Sue McDermott, Assistant City Engineer At the April 17, 2000, City Council Meeting, staff was directed to investigate the necessary storm drain facilities to accommodate the stormwater runoff at the intersection of Tower and Toronto Streets plus the stormwater runoff from the proposed Stonegate Apartment building. Engineering staff has completed a preliminary design and cost estimate for storm drainage facilities at this intersection including facilities to the right-of-way for the proposed apartments. There are two alternative plans for providing the storm drain facilities. Plan A is the least cost alternative with an estimated construction cost of approximately $44,000. This plan consists of installing the necessary facilities at the TowerlToronto intersection and directing the water northwesterly to the southeast corner of the proposed post office site. The Post Office project team has tentatively committed to constructing a water quality pond in this corner which will accommodate the flow from this intersection and the entire 8.5 acre drainage area. However, the post office construction may not begin until Spring 2001 and at this time the city does not have the appropriate drainage easements from the existing property owner which would allow any added stormwater runoff to this property. Plan B is much more expensive with an estimated construction cost of $100,000. This plan includes the same storm drain facilities at the intersection of Tower and Toronto, but directs the runoff westerly through piping on Tower Street to the low point near Duluth Avenue. At this point it would connect to an existing storm drain system. The cost is significantly higher due to an additional 550 feet of pipe plus the restoration of the roadway. This project could be done immediately or in conjunction with the Stonegate Apartment building construction, as no additional easements are needed. A cost sharing alternative commonly used throughout the industry is to share the costs on a percentage basis based on the drainage area. The total drainage area is 8.5 acres and the proposed Stonegate Apartment is 1.7 acres or 20% of the drainage area. Using this cost split, the City portion of Plan A would be $35,200 and Stonegate would pay $8,800. For Plan B the City's portion would be $80,000 and Stonegate, $20,000. The City's portion could come from the Storm Drain Utility and/or Trunk Funds. At the meeting held with the developer on Tuesday, the developer was informed of these cost estimates and the issues with each alternative. The developer, Mr. Jeff Gustafson, stated that he was confident that he could acquire the necessary easements that were needed for Plan A. If the post office project does not go forward, the city would have to construct the ponding area on the post office site and the additional cost of that would be shared the same as previously mentioned. Either Plan A or Plan B will accommodate the storm water runoff for the area and improve the drainage at the TowerlToronto intersection. Staff recommends moving forward with Plan A if Council wants to go ahead with the Stonegate Apartment complex at this time. A written agreement will be drafted which will outline the responsibilities of each party and would be returned to the City Council for their approval with the Stonegate Apartment final CUP 2 T""" ~ ~ ~ ~ ~ ~ ~ ':1~ Z l <I -! Z < s:: ~~Q t6~ 0 .~~ ~ N ~ ~v ~ .~ .~ O~ ~O ~~ Q o ~~ 5 uo ~ Z ~ w ~ ~ -\ ~, ?/J.N30 N S){OO~e tP ~~ t;) % % ~ ~ ~ ~ ~ ~ z. ~ ,,-VB. :llo..TTO n: TOROr't ---- '-') (1) ~ ~ % <:1. ~ N T""" I j t I I b.O "'0 c:l Q) ~ . ....c 0 t) Cl.4 . ....c 0 ;x: ~ """" ~ ~ 0 Z ~ :5 ~ ~' ~ ~ ~ ~ . ...... C/) ...d ...... o t' \"'-l LO ..q- ('t") N T""" o ~ m City Council Meeting Minutes Verbatim Transcript April 17, 2000 Agenda Item 98 Consider Approval of Resolution DO-XX Approving the Conditional Use Permit for a Multi-Family Dwelling for Affordable Housing Solutions, Inc. on Properly Located in the Southeast Intersection of Tower Street and Toronto Avenue. 1 Mader: The next item is Item 98 which is to consider approval of a resolution that relates to a multi- 2 family dwelling at the intersection of Tower and Toronto Streets. 3 4 Boyles: Mayor, Member of the Council, you will recall that the City sold a 1.7 acre property at the 5 intersection of Tower and Toronto. This is a conditional use permit request as required under your 6 zoning ordinance which would allow for the development of a 43 unit market rate multi-family dwelling 7 unit. I'm going to ask Jenni Tovar, our planner, to review the conditional use permit criteria at least in 8 kind of a summary fashion and provide you with the staff's input. I would direct your attention however, 9 to page 11 of the staff report and that page indicates certainly as a conditional use permit there are 10 reasonable conditions that the City Council may place upon any conditional use, and you'll see on that 11 page some five that have already been proposed. There are a number of others that you may wish to 12 consider. No parking, for example along Toronto Avenue, completion of storm sewer improvements in 13 conjunction with post office project, a limitation of access to the garage via Tower Street or some other 14 combination as you see most safe, and then finally tree replacement location, and that is a Planning 15 Commission proposal. With that, Jenni? 16 17 Tovar: Thank you Frank. Just to highlight the previous events on this applications. On March 27th the 18 Planning Commission on a 4-0 vote recommended that the City Council approve this conditional use 19 permit with conditions. The hearing focused on traffic, drainage related to runoff and the lack of storm 20 sewer, parking, and tree preservation. And, if Sue can put up the site plan, I'm just going to go through 21 each one of these issues that the Planning Commission discussion specifically. With regards to tree 22 preservation, there are 13 trees or 42.25 caliper inches which were proposed to be planted on City 23 property. When a developer removes trees, they can remove up to 25% without replacement. Anything 24 about and beyond that has to be replaced at one-half to one. The Developer had proposed to put 42 of 25 the required 59 inches off-site. The Planning Commission originally recommended that all those 26 replacement trees be planted on the site with the majority to be planted along 170th Street, which is 27 shown on the left side there. However, not all of the replacement inches can be planted along that 28 bufferyard along 170th Street and survive due to limited space. You can only fit so many trees in a 30 29 foot area, so the Planning Commission therefore recommended the developer meet with staff to 30 accomplish increased screening and buffing objections and accomplish tree replacement on-site. And if 31 I could have Sue put up the larger 11x17. I did meet with the developer today as to how that can be 32 accomplished. The revised plan on the right-hand side is 170th Street and they suggested planting 14 33 coniferous trees that will fit there and survive, and moving some of the other deciduous trees amongst 34 the site. The other issue that the Planning Commission discussed was parking. They discussed the 35 need for "No Parking" signage in the area. It was suggested that Tower Street and Toronto be post 36 with signs. And currently there are signs posted on Tower Street, but not on Toronto Avenue. If the City 37 Council desired, a condition requiring the developer to post "No Parking" signs on Toronto Avenue 38 between Tower and 170th Street can be added. Another item of discussion at the public hearing was 39 traffic. And just to go over some projected counts. According to the Institute of Traffic Engineers, the 40 trip generation on this project will be 278 trips per day. The peak am hour will be 24 trips, and the peak 41 pm hour will be 26 trips, averaging the rest throughout the day. Toronto Avenue is a two-lane urban 42 street which is capable of carrying 8000 - 9000 cars per day. In 1999, the count on Toronto Avenue 43 was 2300. And as I said, according to the estimates for this proposed use, 278 trips per day will be the 44 increase. The other thing was runoff. The existing runoff on the site is 4.05 cubic feet per second. Verbatim Transcript April 17, 2000 City Council Meeting Item 98 1 Without on-site ponding, the runoff will be 6.04 cubic feet per second. The applicant is proposing to 2 provide ponding within the parking lot which will result in a runoff of 4.17 cubic feet per second and the 3 increased runoff is therefore 0.12 cubic feet per second. There currently is no storm sewer serving the 4 area. The water from the area collects at the intersection of Tower and Toronto Street. Staff does 5 anticipate a storm sewer system to be constructed with the future construction of the ring road and this 6 project is currently scheduled for 2001 in the 2001-2005 CIP which is going to be reviewed by the City 7 Council on May 1 st. The developer is also providing for a future connection, or a connection to future 8 City storm sewer systems, to be constructed as part of that ring road. The plans indicate construction 9 of storm sewer pipe to the right-of-way to be connected to the future system. I just also want to 10 mention you do have a petition. The City did receive a petition signed by 75 people protesting this 11 project, and that's in your packet. And as Frank said, there are additional reasonable conditions which 12 the Council can make a condition of the conditional use permit, such as the "no parking" signs on 13 Toronto Avenue, completion of the storm sewer improvement in conjunction with the post office project, 14 limitation of access to the garage via Tower Street, and tree replacement location as proposed by the 15 Planning Commission. Staff recommends approval of the conditional use permit with the following 16 conditions: four additional shrubs are required to be planted in the buffer yard along 170th Street, and 17 irrigation plan is to be submitted. There is a memo in your packet from the Engineering staff dated 18 March 1 st which has three issues in it which have yet to be addressed. Hydrant locations need to be 19 indicated and a 300 foot hydrant radius needs to be provided and a letter of credit needs to be 20 submitted. And the Planning Commission did recommend adding a sixth condition requiring all tree 21 replacement occur on-site with an emphasis on the buffer yard on the east side which is 170th Street 22 to be approved by staff, and that is in the attached resolution. And I will stand for any questions. 23 24 Mader: One question Jenni. What is our time frame on this for acting? 25 26 Tovar: The applicant has signed a 120 day waiver due to the continuances that were up front at the 27 Planning Commission. 28 29 Mader: When does that 120 days......? 30 31 Tovar: They waived it due to their continuance at the Planning Commission. 32 33 Mader: Any questions of Councilmembers of staff at this point? 34 35 Ericson: Yes, I have several. On page 1, right about where it says "current circumstances", it says the 36 property has been zoned for multi-family residential uses since 1975. Has it always been R-4, or has it 37 been R-3 in the past, and if so, when did that change occur? 38 39 Tovar: Well, on the original zoning ordinance from 1975, it was zoned R-3, which there was no R-4 at 40 that time. R-3 at that time was defined as multi-family residential. That was changed when the City 41 adopted a new zoning ordinance, May 1, 1999, I believe, when we readjusted the multi-family zoning 42 districts and added an R-3 and then consequently added an R-4. 43 44 Ericson: Ok, and when it was an R-3, what was the density for that area for an R-3? 45 46 Tovar: I don't have that information. 47 48 Rye: Councilmember, the old ordinance, the maximum density for conventional development was 14 49 units per acre, and they could go up to 18.8, I think through a PUD. 50 2 R:\COUNCIL\MINUTES\STONGATE.DOC Verbatim Transcript April 17, 2000 City Council Meeting Item 9a 1 Ericson: Page 2, it talks about proposed access from Tower and Toronto. Neither of these roads is 2 designed as an arterial or collector road, and it's my understanding that access to a high-density 3 residential must be on a collector or arterial roadway. 4 5 [End of Tape.] 6 7 Tovar: ........under "Uses Permitted With A Conditional Use Permit" under multiple family dwellings, 8 "access shall be to a roadway identified in the Comprehensive Plan as a collector or arterial, or shall be 9 otherwise located so that access can be provided without generating significant traffic on local 10 residential streets". 11 12 Ericson: In talking about trip generation and roads and how they are designed, you say that a road 13 such as Toronto and Tower can carry 8,000 to 9,000 cars per day. That's the way they are designed. 14 Correct? 15 16 Tovar: According to the Comprehensive Plan that's a two-lane urban street which is designed to carry 17 8 to 9 thousand cars per day. 18 19 Ericson: And what are the design criteria for carrying 8 to 9 thousand cars per day. Is it like the width 20 of the road, how thick the tar is and things like that. Is that some of the primary concerns on how they 21 are constructed. 22 23 Rye: Typically, it'll have to do with number of lanes, width of the lanes, capacity of the street. 24 Something we should probably keep in mind - that 8 to 9 thousand is really a maximum figure. That's 25 assuming, basically that the road is running pretty much at capacity 24-hours a day. If you were going 26 to build a street to accommodate a volume of 8 or 9 thousand a day, it would be probably a higher 27 standard. 28 29 Ericson: OK. And, I guess I'm not concerned that we're going to get 8 or 9 thousand cars per day 30 down there. I certainly hope not. I don't want it to be a Minneapolis. My concern about the traffic flow 31 has nothing to do with volumes of cars, ok. One of the concerns I have is especially with the proposed 32 layout the way it is, cars going across traffic when you have other cars going to other areas, specifically 33 in the evenings when there is a lot of ball field activity and things like that. And I think that is significant 34 to point out that it is not a volume issue that I have any concern about. I think we really need to take a 35 look at how those accesses are going into and out of that property. A couple of other questions. Jenni, 36 when you take a look at the height or the elevations of the property, how do you go about that? Do you 37 use a computer system to determine how high the building is going to be, or do you use, which, I 38 thought I saw you using a ruler and a pencil trying to measure out the elevations compared to the 39 drawings that were submitted one day when I came to your office? 40 41 Tovar: How we measure the height, and I'll just read you the definition: A distance measured from the 42 mean curb level along the front lot line or from the finished grade level for all that portion of the 43 structure having frontage on a public right-of-way, whichever is higher, to the mean distance of the 44 highest gable on a pitched or hip roof. So we start by getting the mean curb level along the front line, or 45 the finished grade level. In this case, it is from the finished grade level for all that portion of the 46 structure having frontage on a public right-of-way. So the survey indicates the high and the low points 47 at each corner. That's indicated on the survey, and I don't know if you can see it. If Sue puts up that 48 first site plan they are on there. And the mean is just the average, highest plus the lowest divided by 49 two. That gives you the mean curb elevation. Then when you look at the elevation sheets. This sheet. 50 In the building, it gives you the mean curb elevation down here measured to the mean peak roof which 3 R:\COUNCIL\MINUTES\STONGATE.DOC Verbatim Transcript April 17, 2000 City Council Meeting Item 98 1 is right here to get the height. And that's in accordance with the ordinance. Why I probably scaled it out 2 that day is because we didn't have this originally. On the original plan, we didn't have this mean roof 3 elevation. 4 5 Ericson: OK. Several more questions. Going to page 4 in our staff report, it talks about setbacks, and 6 it's the third line. It says, "for the purposes of determining setbacks, a bonus is given for underground 7 parking." Can you explain to me what the bonus is and rationale and things of that nature? 8 9 Tovar: The bonus, I believe, maybe I should grab the ordinance, but it takes out nine feet off of the 10 height of the building for setbacks. Setback in this case is determined by half the height of the building. 11 For the purposes of setbacks, that nine feet is taken off of the height because the garage is 12 underground. That's the bonus for having parking underground, underneath the building. The setbacks 13 is not......The developer is not penalized because now their height may be higher because they have 14 underground parking, which consequently would increase their setback if there setback is equal to the 15 height of the building. So therefore, the height of the underground parking is not counted for the 16 setback. 17 Ericson: OK. You'll have to bare with me. I have quite a few questions here. Talking about parking, 18 page 5, 87 stalls are required and it says the plan indicates that 86 stalls and 1 stall in front of the 19 mechanical room. Is a stall in front of a mechanical room an acceptable parking spot? I mean, I know, 20 for example, in a building you have to be so far from an electrical box, like 36 inches or something, so 21 there is no obstruction to a mechanical room. Are there any types of requirements for access into a 22 mechanical room? Is anyone aware of that? 23 24 Tovar: I would presume that...;Our Building Official has looked at this in great detail. He's not here by 25 speak, but if there were some building code related item to that, it would have been made a point. I 26 would presume at this point. 27 28 Ericson: Now I'm going to page 6, and Existing I Proposed Runoff of Storm Water. Currently there is 29 4.05 feet. The addition of this property will bring it up to 6.04. I understand that the developer is 30 proposing to do some ponding in the parking lot. Is that correct? 31 32 Tovar: That's correct. 33 34 Ericson: I don't know....I'm sure that the developer probably would want to come up and talk. I have to 35 be honest with you, I know I have been to a number of your meetings and you're saying that you're 36 going to have market rate apartments for $1300 - $1400 per month and I just cannot see that someone 37 paying that much is going to want to walk into a foot of water in the parking lot when they are paying 38 that much. I also....I'm really not concerned about water as much as I am the freezing of the water in 39 the winter time. I don't think that the proposed drainage issue as it is currently being proposed is 40 acceptable at all. First of all, I have personally been in two accidents on that corner with what the runoff 41 is right now. I think that adding the additional runoff to the area without a concrete, in-place solution for 42 that drainage, as a condition of this being.....going forward is absolutely necessary. There is a bus stop 43 there, and I know bus stops can change, however, I don't think that is going to move too far because 44 there is a need in that area for the bus stop. It is a hazard right now and that has to be taken care of. 45 That's a big concern of mine. And we go down a little bit further and it says....I'm on page 7....and 46 you're saying that it's going to be in the 2001 -2005 CIP for the water runoff, and that's on the top of 47 page 7. We haven't approved anything for that yet. I don't know if we funding for that. We are talking 48 about where we are going to get funding for a lot of things. I think it is convenient to say that we are 49 going to put it in there just because the ring road is going in there, but we haven't even approved the 50 ....how we are going to go about the ring road. And my concern is that even if the developer does put 4 R:\COUNCIL\MINUTES\STONGATE.DOC Verbatim Transcript April 17, 2000 City Council Meeting Item 98 1 whatever portion he says that he's going to put in there, that we could be talking potentially another 2 year and a half before that gets hooked up. And so in the meantime, we're adding additional water to 3 that corner which is a problem and I'm sure everyone is aware of it. And so basically, we have an ice 4 skating rink on that corner without it being taken care of right away. I do see that it says that there 5 should be an option, an option would be to require the development agreement to construct some sort 6 of agreement with the post office. I would suggest that unless something like that or storm water going 7 north of there, if either the ponding could be addressed with the post office, or going north that that 8 would; either one of those would have to be a conditional prior to anything happening on this property. 9 Ok, page 10 of our packet, item number 5 says "the use will not have undue adverse impacts on the 1 0 use and enjoyment of properties in close proximity to the conditional use" and below that it says "this 11 use is adjacent to three public streets and a townhome development to the east". It further goes on to 12 say that "this use will not have impact on enjoyment of the properties in close proximity". I think it is 13 important to note that there is one element of property that happens to be missing out of that and that 14 is an R-1 district to the south. And I would suggest that this proposed property would have an adverse 15 impact on those properties which, in fact, are in close proximity. I am concerned about the additional 16 shrubs and trees. To me it seems that we put our plans together and require tree replacement and 17 things of that nature because we want a certain set volume or number of trees to be put in there. You 18 stated that they cannot figure out a way to get all of those trees in there and that suggests to me that 19 they are trying to put too much into a particular area because if they could put that in there and our tree 20 preservation program is supposed to work the way it is, I would think that they should be able to put all 21 of the trees back on there. 22 23 Tovar: Councilman Ericson, can I clarify something. What the replacement we are talking about 24 planting all those replacement trees along 170th Street. There is not enough room to plant it between 25 the building and 170th Street. 26 27 Ericson: But they can put them all on the property? 28 29 Tovar: Yes, and that was the revised plan that I had put up on the overhead which had indicated that. 30 31 Ericson: Ok, I just have a few more things here. On page 27 of our Comprehensive Plan, way back 32 there, item number (w) as conditions, I think it's under section 2. Actually what I'm looking at is right 33 above objective 3, it says "development shall be constructed in a manner sensitive to the impact of the 34 natural features, environmental constraints, including but not limited to surface water... II an issue that I 35 have been talking about for quite some time, and it hasn't been until recently that anyone has really 36 addressed the concerns that I have about the surface water with the runoff. 37 38 Pace: Jim, excuse me. Can you cite the page that your referring to? 39 40 Ericson: Page 27, item (w). So, what this suggests to me is, in fact, that that surface water, that runoff, 41 has to be taken care of. It says it in our policies. We have put these in place for those specific reasons. 42 I have personal knowledge of the area. I drive down the road all the time, but that has nothing to do 43 with it. What I'm talking about is this tells me that has to be taken care of. And I'm just about done. I 44 would just ask the rest of the Council to really take a good close look at this. I do have some legitimate 45 safety concems. A couple other things. We go into the ....where we are talking about crime in the area, 46 and I think we'll start with page 7. Apparently you got some different numbers than I did. I asked the 47 Police Chief for some numbers, and I asked for all non-traffic related police calls to that area, which 48 include Tower Street and then also the Brooksville Apartment, and I believe there are approximately 49 200 apartments in that area. Is that pretty close? 50 R:\COUNCIL\MINUTES\STONGATE.DOC 5 Verbatim Transcript Apri/17, 2000 City Council Meeting Item 98 1 Tovar: Brooksville Apartments has 36. Tower Hills 68. Tower Hill West 51. 2 3 Ericson: But all combined within that 1 block area there is about what? 4 5 Tovar: 160. 6 7 Ericson: The information that I got from the Police Chief is from January 1, 1999 through December 8 31, 1999. There are a total of 217 non-traffic related calls to those addresses in those areas. And then I 9 know you go and compare it to some other areas. What I would suggest is 217 police calls is an awful 10 lot for that small of an area. You add another 43 which would be another 25% to that, so that I can 11 basically, or we can all expect that with the addition of this type of property in close proximity to the 12 other high-density residential uses in that area, we can expect at least another 50 police calls per year 13 to that one block. That brings it up to 250 in a year, if we are to use the same numbers that were from 14 last year. I don't know about you, but 250 police calls to one block seems to be an exorbitant amount. 15 We compare then on page 7, actually it's page 8, to a number of different areas.... I think it's page 8, 16 no, excuse me, it's still page 7....to like Willow Beach and Oakridge neighborhoods. I don't know what 17 those neighborhoods are. I'm still learning all the neighborhoods, but I would suggest to you is that the 18 Wood ridge Estate area has, I believe about 125 house, or 120, does anyone know? Ok, let's just say 19 it's 125 house in there, and I would bet you, you don't have more than 5 police calls in a year there. So 20 you have the same number of units, and you have maybe 5 police call a year compared to this other 21 area where you have 250. I find it totally unacceptable and it's not right. I am concerned about the 22 entry way in and out of the area. I am concerned about the water. I am concerned about the crime, and 23 also, while I have a chance to call up of the members of the audience as well and ask some specific 24 questions. 25 26 Mader: You certainly will, yes. 27 28 Ericson: Ok, then I just have one last thing. 29 30 Mader: That is if you yield before midnight. 31 32 Ericson: Let's go way in the back of our packets, and it says "Building Smarter with Apartments". Who, 33 in their infinite wisdom, decided to put this in our packets? 34 35 Tovar: I did. 36 37 Ericson: Ok. What I'm going to suggest is that this talks how great apartments are and things of that 38 nature, but you go way to the end and you see that it is sponsored by the National Apartment 39 Association. So, I would think that they would have an invested interest in how great apartments are 40 since that is there business, and I just want to suggest that this is actually really not acceptable in 41 terms of being a objective piece of literature. And I'll pass it on to someone else. 42 43 Mader: I would like to just comment on two of the items Jim mentioned. I think he was commenting that 44 safety in that particular area shouldn't be judged by the criteria of how many cars. We need to keep in 45 mind there is a grad school there on that intersection. We also need to keep in mind there is a steep 46 hill going up from that intersection up to the apartments at the top of Tower, and there is no school bus 47 service at the top of that hill so children who are coming for school bus come walking down the street. 48 There actually in the street, and then they get down to the intersection which in the winter time is 49 frozen over, and then they stand in the roadway waiting for the bus. So there are some unique issues 50 there and as a consequence of that, one of the things I had suggested to staff a couple of days ago, is 6 R:\COUNCIL\MINUTES\STONGATE.DOC - .- .-- .-- ',-=--=- ~-~ Verbatim Transcript April 17, 2000 City Council Meeting Item 98 1 to take a serious look at the question of whether the traffic in and out of that facility could be managed 2 with the entrance on Tower being and entrance, and the one on Toronto being and exit. What that 3 would do, is keep any traffic from having to cross the lane, because traffic coming into the apartment 4 complex would all be in the right lane going up the hill and they would all make a right turn, and they 5 would have just come through an intersection which means that they are slowed down and that it's 6 controlled traffic in other words. And traffic coming out of the apartment complex I would assumed 99% 7 of it or more would turn and head in a westerly direction, or make a right turn, which means they would 8 be making a right turn into a right lane. So, I would, if somebody else doesn't add that as a conditional 9 use permit, I'm going to add that. There may be some...! would suggest also that engineering staff has 10 to look at that and see if that makes sense, but that would be one of my perceptions. The other has to 11 do with the ice situation. I know that has been a troublesome intersection with surface water, and 12 putting more traffic into that intersection where we have again the situation I mentioned earlier, children 13 collecting there for school bus, traffic coming down Tower Street which is already coming down a steep 14 hill, it is an intersection right now kind of designed to have accidents. I would certainly echo Jim's 15 comments that we need to address that issue so that that water is not surface water, that it's 16 underground some way so we don't have to deal with it on our streets. Those are the only comments I 17 have relative to this issue right now. Other questions of Jenni? Pete? 18 19 Schenck: Jenni, how close are we to the existing hook-up to the sewer system? 20 21 Tovar: I would refer that to the City Engineer. Storm sewer? 22 23 Schenck: Storm sewer system. Yes. 24 25 Osmundson: It is about, I'm really guessing here, 500 or 600 feet to the west on Tower Street. 26 27 Schenck: It is the City's obligations to resolve that drainage issue then, isn't it? 28 29 Osmundson: Well, at that intersection. If you remember, when I talked about the ring road here a 30 month ago, or whatever it was, I had said at the time that we were going to do some improvements to 31 that intersection. Right now, there is no catch basins from any direction. All the water flows through that 32 intersection and actually flows west on Tower down to that low point where the wetland is, and then it 33 goes into catch basins at that point. And part of the whole ring road discussion, I said we needed to 34 have some extra money in there to put storm sewer improvements at that intersection. 35 36 Schenck: So we can't anticipate having an improvement to that intersection until the ring road is 37 approved and funds allocated? 38 39 Osmundson: Or with the post office project, or we could do it separately, whichever the Council would 40 desire. 41 42 Schenck: So, correct me, the only reason that we're holding off on this is a combination of post office 43 and ring road? 44 45 Osmundson: Yes, as far as 1...... 46 47 Schenck: Because we have an issue we need to resolve. If, because the drainage issue is a serious 48 issue, once we resolve our obligation to that intersection, should there be a condition in the CUP 49. perhaps that requires a hook-up within a certain period of time? 50 R:\COUNCIL\MINUTES\STONGATE.DOC 7 Verbatim Transcript April 17, 2000 City Council Meeting Item 98 1 Tovar: The way the plan is drawn, the applicant is proposing to put a pipe out to the right-of-way, so 2 when the City does come in and do a public improvement project, the infrastructure will already be in 3 place. 4 5 Schenck: So in other words, they are going to be ahead of where we should be. 6 7 Tovar: Yes, that was one of the changes in the engineering memo that that be added. 8 9 Schenck: OK. And then explain to me the correlation between this project and the post office ponding. 10 Are we now proposing to divert the water over to the post office property for ponding, and would that 11 be a surface diversion, or storm sewer diversion? 12 13 Tovar: Staff and Planning Commission's recommendation is that you approve the conditional use 14 permit with the storm water runoff as proposed with 0.12 additional increase in runoff. That's the 15 Planning Commission's recommendation and that was staff's recommendation. 16 17 Schenck: No, I understand that, but what's the correlation with this proposal, this CUP that we are 18 considering, and the post office. 19 20 Tovar: I'll defer that to Bud. There has been some discussion last week. 21 22 Osmundson: Yes, we have had some discussions with the post office engineer and architect and they 23 would actually be proposing to put some ponding on that...it would be kitty-corner from this site...and 24 that would take the drainage from this intersection right into that pond and it eventually would go 25 through the wetlands that's about in the middle of the post office site, and then that would traverse 26 back across Tower to the wetland on the south side where the water does go now. The whole point 27 being that nerp basins, water quality improvements, slow the water down, that type of improvement is 28 what we are talking about. 29 30 Schenck: OK. 31 32 Mader: That would mean that we would be looking at putting the water underground? 33 34 Osmundson: Correct. 35 36 Mader: Before the ring road, before there is storm sewer and that sort of thing? 37 38 Osmundson: We would put storm sewer improvements in that intersection to catch the water to bring 39 into the pipe, to bring it into this pond that I was just talking about. 40 41 Tovar: Mr. Mader, just for point of clarification. That's a comment or discussion that the developer of 42 this project has not been made aware of or privy to. I don't think that they are aware that this is an 43 alternative that the Council may be suggesting. 44 45 Mader: I understand that. Pete, any other questions? 46 47 Schenck: (Indicated no) 48 49 Mader: Any other questions of Jenni? 50 8 R:\COUNCIL\MINUTES\STONGATE.DOC Verbatim Transcript April 17, 2000 City Council Meeting Item 98 1 Boyles: Can I ask one? 2 3 Mader: Sure. 4 5 Boyles: This may be something we missed. I remember when we first started talking about this 6 project, we talked about a sidewalk going up Tower and I don't know if that was discussed and then 7 dropped, or.....1 don't see it here and I'm not sure if it was something that was an oversight that we may 8 have missed. I recall that the school superintendent called me and said "we're not sending the busses 9 up to the top of that hill, and it sure would be helpful to be able to have a sidewalk." 10 11 Tovar: There is no sidewalk shown on the plans. I don't know. That never came up in a DRC, I believe, 12 and that hasn't come up, did not come up at the Planning Commission. Certainly it is something we 13 can add. 14 15 Ericson: I think that situation came up about a year or two ago in some other discussions. I don't recall 16 it being a part of this. I think it would be a good idea since the remainder of that road already does 17 have a sidewalk to the west of that. 18 19 Mader: I think that is another item that needs to be looked at and included in the overall planning here 20 because I certainly don't think it's a good idea to have those kids walking down a roadway, particularly 21 where we are going to be putting more traffic on it. It is a bad situation right now and the situation gets 22 worse, so I think that is something that should also be considered as we finalize this plan. One of the 23 questions going through my mind here is, you know there have been a number of suggestions here 24 tonight, and I would think it would be kind of hard to finalize a resolution here at the desk tonight saying 25 "OK, here is the approval subject to these conditional use permits". I wonder if we wouldn't be better off 26 to specifically give the staff some direction on the issues we would like addressed, with the idea that 27 would come back then in a resolution for the Council to look at with specific language that would 28 address those issues. Would that make sense to the Council, rather than trying to finalize a resolution 29 tonight? I'm going to suggest then that ...Jim certainly has raised some issues. I think you have heard 30 some other comments. Particularly, from my standpoint, there would be three items I would ask for the 31 staff to address. One has to do with the sidewalk, taking them in reverse order, making sure that we do 32 address that issue because if it's going to be addressed, now is the time to do it. Secondly, making 33 sure we have a plan that keeps that surface water off the road. And thirdly, that we address that in and 34 out traffic from the apartment complex to try to prevent any crossing of lanes and specifically, I'd 35 recommend the staff look at that issue of having the exit be onto Toronto, and the entrance being from 36 Tower. Those are the three that I would ask the staff to look at to see if those can be formulated into 37 conditional use permits. And I do recognize also there will have to be some discussion with the 38 developer also as to how this might be accomplished. 39 40 Tovar: I would just like a point of clarification regarding the runoff. Do you want it to stay as it is, or do 41 you want it to be zero. Because right now, it is 4.15.......... 42 43 Mader: I want it to go under the road instead of over the road. What we have right now just goes over 44 the road and the proposal is to keep doing the same way and we already recognize that that's a hazard 45 there. 46 47 Tovar: Ok, just so I understand when we work with the developer. So right now the runoff is 4.17 csf. 48 You want it to be zero because you want the runoff to go under the road and divert it to another piece 49 of property. 50 R:\COUNCIL\MINUTES\STONGATE.DOC 9 Verbatim Transcript April 17, 2000 City Council Meeting Item 98 1 Mader: Yeah. 2 3 Tovar: Ok. 4 5 Mader: I would certainly think, I'm not sure I understand what parking lot pooling of water is, but I 6 would certainly think that the developer would rather not have the water standing in the parking lot 7 either, and if we do it and take it underground that there is a pond on the post office side that will 8 handle that, it seems to me that that's a better solution. 9 10 Tovar: I think we should maybe discuss this with the City Attorney and the legality because the current 11 runoff as no development occurs is 4.17, and your asking the developer to now make that zero and 12 whether that is reasonable.... 13 14 Mader: I'm not asking necessarily. I'm saying that the City may have some responsibility to the post 15 office, I'm just asking the City staff to go and solve the problem and then come back with the conditions 16 that should be in this application. If the City staff makes the decision and the Council agrees that, you 17 know, the City is going to pick up part of that responsibility, I have no problem with that. 18 19 Tovar: Ok, so there would be alternatives with a recommendation on how to incorporate those into 20 this. That's what you are looking for? 21 22 Mader: Yeah. 23 24 Pace: And I can work with them because we cannot divert water onto somebody else's property. 25 26 Mader: Right. It is going to take, I think, some interesting cooperation between the developer, the post 27 office, staff and so forth, to try to get to a solution, but my attitude is let's fix this corner rather than just 28 build more there and leave it as it is. We've had a significant amount of highway or blacktop breakup in 29 that area if I recall, and I wouldn't be surprised if that isn't aiso related to the amount of surface water 30 going over that area. I don't know if that's the case, but I know that I personally have been over there 31 when it's gotten pretty bad and I've talked to the City staff about going out and repairing and I suspect 32 that's also a water caused phenomenon. 33 34 Gundlach: Mayor, I'd like to add to that one more piece, and that's just if they can't get an agreement 35 on the ponding like with the post office and stuff, to come back and at least give us a direction for what 36 it would take to get a storm sewer down there. You know, that one way or another we have to solve 37 this issue with storm water management. 38 39 Mader: Yeah, I agree. Jim? 40 41 Ericson: I'd still like to ask about two or three questions to a member of the audience as well. 42 43 Mader: We'll get to you in a minute. Anything else Mike? Jim Petersen? Pete, anything for you? Ok 44 Jim. 45 46 Ericson: Can I call Andy Whiting up to the podium. [pause] Andy, we have... 47 48 Mader: Excuse me, let's give us your name and address. 49 Whiting: Andy Whiting. I live at 17057 Toronto Avenue, Wood ridge Estates 1 st Addition. 50 R:\COUNCIL\MINUTES\STONGATE.DOC 10 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 Verbatim Transcript April 17, 2000 City Council Meeting Item 98 Ericson: And what I wanted to say was, Andy, we have new rules under our new bylaws so I'm supposed to ask questions. It is not up here for you to just start saying how it should be, which has been in front of the Planning Commission. I was there. Just a few brief questions just to make it perfectly clear to everyone in the room who may have concern. Andy, did I know you at any time prior to this project? Whiting: No. Ericson: And at some point in time did you come to my house with a petition. Whiting: Yes. Ericson: And did I or did I not sign that petition? Whiting: You would not sign it. Ericson: Right. And did I state publicly at any time whether I would support or not support this? Whiting: You did not. Ericson: Ok. I just wanted to make that perfectly clear, and that's all the questions I have. Whiting: Can I add one thing? Ericson: Sure. Whiting: I have ....you've pretty much reiterated all of my concerns that were brought up this evening. However, I do have a ...one of the concerns is on the east side of the proposed property is going to be a very steep retaining wall. It's going to be about a 14 or 15 foot cut. With the amount of kids back there in that area, I think that is a major safety hazard for the City if they do approve a conditional use permit if someone trips and falls down that retaining wall also. Mader: Ok, thank you. I'm going to move on this item that it be deferred subject to more input from the staff on the concerns that have been raised by Council this evening. Schenck: I'll second that. Mader: Ok, the motion has been made and seconded. Any additional discussion? [pause] Those in favor signify by saying aye. Aye Gundlach: Aye. Petersen: Aye Schenck Aye Mader: Those opposed? Ericson: Nay. R:\COUNCIL\MINUTES\STONGA TE.DOC 11 AGENDA ITEM: SUBJECT: APPLICANT: SITE: PRESENTER: PUBLIC HEARING: DATE: INTRODUCTION: PLANNING REPORT 4e PUBLIC HEARING TO CONSIDER A CONDITIONAL USE PERMIT TO ALLOW A MULTI-FAMILY DWELLING IN THE R-4 ZONING DISTRICT (CASE FILE #00-010) AFFORDABLE HOUSING SOLUTIONS SE CORNER OF TOWER AVENUE AND TORONTO STREET JENNITOVAR,PLANNER ~YES _NO-N/A MARCH 27, 2000 On February 14, 2000, the City received a complete application for a Conditional Use Permit to allow a multi-family dwelling on property located in the SE corner of Tower Avenue and Toronto Street. The property is zoned R-4 (High Density Residential) and is guided as R-HD (Urban High Density) on the Comprehensive Land Use Plan Map. Multi-family dwellings require a CUP within the R-4 Zoning District. The public hearing was originally scheduled for February 28,2000. The item was continued at the request of the developer to allow for recommended plan changes and to allow the developer time to hold a neighborhood meeting. Notices were mailed to property owners within 350 feet for the February 28, March 13, and March 27 public hearings. SITE ANALYSIS: The property was originally purchased by the City as part of the road improvement project to extend Toronto Avenue to 170th Street. The remainder ofthe property was sold to the applicant on November 15, 1999. The property has been zoned for multi-family residential since 1975. The subject site consists of 1.7 acres. The proposed building will include 43 units and will be three stories with underground parking. Access will be from Toronto Avenue with a one way exit to Tower Street. There are a number of significant retaining walls proposed on the east property line due to the 25-foot existing grade difference from east to west. f;\dept~lanning\OOfi1es\OOeu~OO-O I 0\00-01 Ope2 .doe 1 16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER REVIEW PROCESS: The proposed Conditional Use Permit should be reviewed in accordance with the criteria found in Section 1108 of the City Code and Section 1102.703. Section 1102.703 is the provision within the R-4 requirements relating to specific conditions for multi-family dwellings. The criteria are discussed on the following pages. Citv Code 1102.703 Uses Permitted With A Conditional Use Permit (1) Multiple Family Dwellings. Conditions: a. Access shall be to a roadway identified in the Comprehensive Plan as a collector or arterial or shall be otherwise located so that access can be provided without generating significant traffic on local residential streets. Proposed access is from Tower Street and Toronto Avenue. Neither of these roads is designated as an arterial or collector road. Average annual daily traffic for Toronto Avenue near Tower Street in 1997 was 2,300 and on Tower Avenue near Panama Avenue was 860. In 1999, those counts were 2,300 and 1,400 respectively. Utilizing the Institute of Transportation Engineers (ITE) Trip Generation book, the total trips per day expected from the proposed building will be 278. Peak a.m. hour will be 24 vehicles and peak p.m. hour will be 26 vehicles. The remaining 228 trips are averaged to be 10 per hour (22 hours of day remaining). This is not significant traffic. According to the Comprehensive Plan, two-lane urban streets are designed to carry 8,000-9,000 cars per day. The existing counts with estimated trips generated from Busse Park and this project will result in approximately 2,886 trips per day on Toronto Avenue. b. Building lots shall contain a minimum of 400 square feet of usable open space per dwelling unit and no more than 1/2 can be located in the front yard. Forty-three dwelling units are proposed requiring 17,200 square feet of usable open space. The site plan indicates 5,860 square feet located in front yards and 11,340 square feet located in the side yard. This requirement is met. c. The minimum spacing between buildings shall be the average heights of the buildings. This provision is not applicable, as there is only one building proposed. d. Side and rear yards may be reduced to zero feet where dwellings are designed to share common walls. This provision is not applicable, as there is only one building proposed. f:\dept\planning\OOfiles\OOcup\OO-O 1 0\00-0 1 Opc2.doc 2 e. All buildings shall be located a minimum of 15 feet from the back of the curb line of internal private roadways or parking lots. The building is setback 15 feet from the garage entrance, 17 feet from the parking lot facing Toronto Avenue and 21 feet from the parking area facing Tower Street. This requirement is met. f. No portion of the required 20-foot road system may be used to satisfy the off-street parking requirements. The proposed internal drives are not being used for proposed parking. This requirement has been met. Zonin~ Code analysis (Performance Standards): Height- Maximum height is 35 feet or 3 stories, whichever is less. Building height is defined in the Ordinance as follows: A distance measured from the mean curb level along the front lot line or from the finished grade level for all that portion of the structure having frontage on a public right-of-way, whichever is higher to the mean distance of the highest gable on a pitched or hip roof This lot has three front lot lines. The mean curb levels are :170th 990.0, Tower Street 985.0', Toronto Avenue 977.0'. The grades adjacent to the structure havingfrontage on a public street vary from 983.6 to 993.5; the average grade is 988.6. The mean roof elevation is 1024.15'. The highest mean curb level is 990.0. Utilizing the mean curb level as the base, the height is 34.15 feet. A story is defined in the ordinance as that portion of a building included between the surface of any floor and the surface of the floor next above; or if there is not a floor above, the space between the floor and the ceiling next above. A basement shall not be counted as a story. A basement is defined as that portion of the building having more than ~ of the ground floor-to-cei1ing height below the average grade of the adjoining ground. The grades of the adjoining ground (all sides) is 997.0 highest at the grade and 983.6 at the lowest grade resulting in an average grade of 990.3. The ground to ceiling height of the garage is 10 feet, ~ the height is 5 feet. Therefore, 6.7 feet of the garage is below the average grade. The result is that more than Y2 of the height is below the average grade, making the garage a basement by definition and not a story. The height requirement is met. Density- Maximum density allowed is 30 dwelling units per acre. The proposed project has 25.3 units per acre. This requirement is met. f:\dept\planning\OOfiles\OOcup\OO-O I 0\00-0 1 Opc2.doc 3 Ground Floor Ratio- Maximum coverage is .35. The footprint of the building is 19,051 square feet. The result is 26% coverage. This requirement is met. Setbacks- The required setbacks are as follows: Front yard is the height ofthe building or 30 feet, whichever is greater. For the purpose of determining setbacks, a bonus is given for underground parking. The height of the garage is not counted as building height for determining required setbacks. The height of the structure from the first floor to the mean peak: of the roof is 30.5 feet. Therefore, the required setback is 30.5 feet. The lot has three fronts and one side. The side yard setback is 15 feet. Side yard setbacks are increased 2 inches for every foot over 50 feet in building wall length. A building wall ends with a 210-degree separation of at least 18 feet in length and separation. The longest building wall is 134 feet resulting in an additional setback of 14 feet on the side (29-foot setback required). The proposed setback for this portion of the structure is approximately 45 feet. All other sidewalls are shorter in length, and meet setbacks. All structure setbacks have been met. Li~htin2- Zero foot-candles at the property line are proposed. A maximum of 0.5 foot- candles on the property line abutting residential and 1.0-foot candles abutting right-of- way is permitted. Lighting requirements are met. Landscapin2- One tree per unit is required. Fifty-seven trees are proposed. Ten percent are oversized, and 25% coniferous/deciduous mix is proposed. All disturbed areas will be sodded and landscaped areas are to be irrigated. The irrigation plan must be submitted later (condition of approval). A Letter of Credit (LaC) is needed prior to issuance of building permit (condition of approval). As a part of a required Bufferyard, 4 shrubs facing 170th Street are required and not shown on the plans. (condition of approval). Landscaping requirements have been met, with the changes required. Tree Preservation- There are 238 total caliper inches (C.I.) of significant inches on site. All significant trees will be removed. 25% can be removed without replacement (59.5 C.I.). Therefore 178.5 CI must be replaced at Y2:1. Replacement is 89.25 caliper inches. 14 trees or 47 caliper inches are being planted as replacement. 42.25 CI are to be planted on City property. The location/species will be determined by the City at a later date. A LaC will ensure compliance with replanting requirements. This requirement has been met. Parkin2- Two stalls per unit are required plus one for the office. Eight-seven stalls are required. The plan indicates eighty-six stalls and one stall in front of the mechanical room. Parking lot screening is required on 60% of the parking areas where views could originate. Screening includes a combination of materials. The plan indicates a 30" berm with plantings along the entire length of the parking area facing Toronto Avenue. Parking requirements have been met. Architectural Materials- The ordinance requires a minimum of 60% Class 1 materials on all faces visible from off-site. The proposed building has a minimum of 63% of Class f:\dept\planning\OOfiles\OOeup\OO-O I 0\00-0 I Ope2.doe 4 / I materials (brick and glass). The remainder of building materials are Class II (stucco). No Class III materials are proposed. This requirement has been met. OTHER ISSUES Traffic- According to ITE trip generation manual, 278 trips per day will be generated. The estimated a.m. peak hour will be 24 trips and the p.m. peak hour will be 26 trips. This leaves 228 trips, when averaged throughout the day, resulting in 10 trips per hour. Two-lane urban streets are designed to carry 8,000-9,000 cars per day. The total cars per day, 1999 count, on Toronto Avenue was 2,300. There will be an increase in trips per day of 10%; however, the road is designed to handle this amount of trips and more. Busse Park Traffic- Attached is a portion of the traffic study conducted for the Busse Park. Traffic will be routed along Toronto Avenue. The estimates are 690 cars per day to the Busse Park. Not all of these trips will occur on Toronto Avenue, and trips will vary during peak park usage in the summer and specifically during events. The study estimates 308 trips per day generated from Busse Park on Toronto Avenue. Fire Protection- The building and site layout provide appropriate fire department access. The plans need to indicate locations of existing hydrants and provide hydrants to provide protection within 300' hydrant radius (condition of approval). Existin~/proposed run-off storm sewer- The existing run-off from the site is 4.05 cubic feet per second (c.f.s.). Without on site ponding, the run-off would be 6.04 c.f.s. The applicant is proposing to provide ponding within the parking lot. This results in run-off of 4.17 c.f.s. The increased run-off of 0.12 c.f.s. is negligible. There is no storm sewer serving the area. The current water from the area collects at the intersection of Tower Street and Toronto Avenue. Staff anticipates a system to be constructed with the future construction of the ring road. There is no requirement for on-site ponding. There is limited room on site to provide for ponding, other than proposed in parking lot. The plans indicated construction of storm sewer pipe to the right-of-way to be connected to future city storm sewer system. The storm water issues will be addressed in conjunction with future development such as the post office and ring road. Ent!ineerin~ issues-Attached is a memo dated March 1, 2000 from Assistant City Engineer Sue McDermott. There are three items remaining to be addressed. These are 1. Traffic control plan to be implemented during utility construction. 2. Indicate rock construction entrance on plans. 3. Storm sewer plan changes. Run-off calculations have been provided and are acceptable. These have been made a condition of approval. Crime- Staff has been asked to provide information about crime in the area as it relates to multi-family dwellings and single family neighborhoods. The following depicts police calls taken in 1999 in three multi-family dwellings and two single-family neighborhoods of similar size. f: \dept\p lanning\OOfiles\OOcup \00-0 I 0\00-0 I Opc2.doc 5 1999 #police calls #units/lots Calls per unit per year Brooksville Apts. 18 36 .5 Tower Hill East 34 68 .5 Tower Hill West 40 51 .78 Willow Beach Neighborhood 18 42 .43 Oak Ridge Neighborhood 16 44 .36 Property Values/Taxes- With respect to impact on City servIces, the following information is being provided. The 2000 Taxes payable for existing multi-family rental are as follows: Locations 2000 Valuation 2000 Taxes and Special #Units Assessments Tower Hill West $1,164,100 $34,012 51 Tower Hill East $1,705,200 $55,252 68 Brooksville Apts. $ 948,000 $30,720 36 The 2000 Taxes payable for a single-family neighborhood with homestead status and similar taxable valuation in Prior Lake is as follows: Sample $950.000 sinl!le family homesteaded neil!hborhood (similar to valuation of Brooksville Apartments) Valuation # units 2000 taxes Total $100,000 1 $1706 $1706 $150,000 3 $2868 $8604 $200,000 2 $4030 $8060 $18,370 Sample $1.700.000 nei~hborhood (similar to valuation of Tower Hill East) Valuation # units 2000 taxes Total $150,000 6 $2868 $17,208 $200,000 4 $4030 $16,120 $33,328 Multi-family residential buildings with 4 or more units are in the tax class rate of 2.5%, while a homesteaded single family dwelling is taxed at 1 % for the first $76,000 of value and 1.65% for value over $76,000. The multi-family dwellings pay more for each dollar of valuation than single family dwellings. f:\dept\planning\OOfiles\OOcup\OO-O 1 0\00-0 1 Opc2.doc 6 Petition of protest (attached)- On March 2, 2000 a petition, signed by 75 people, of protest was received. The petition states increased road traffic will decrease safety in the neighborhood, water run-off is already a problem, loss of trees and proposed construction will lose neighborhood character for Woodridge Estates, and that property values for the adjacent dwellings may decrease. Traffic and water run-off has been addressed in this report. Loss of trees affecting the character of the neighborhood is a legitimate concern. The tree preservation ordinance addresses such concern by requiring replacement trees. The applicant is proposing to plant 66 trees on site and additional trees off-site to satisfy tree replacement. The speculation of decreasing property values is not supported by any factual information. Low-income rentals- The applicant has verbally stated the rental units will be market rate. Attached is a letter from the applicant stating they provide market rate rental. CONDITIONAL USE PERMIT (CUP) ANALYSIS: Section 1108.200 ofthe City Code sets forth the criteria for approval of a CUP. (1) The use is consistent with and supportive of the goals and policies of the Comprehensive Plan. Objective #1 of the Comprehensive Plan is to provide opportunities for a variety of affordable high quality housing. Objective #2 is to maintain a choice of and encourage development of quality residential developments. Attached are the policies related to these two objectives. The policies and objectives are met as the policies are met with buffering requirements located in the Zoning Ordinance. Page 101 of the Comprehensive Plan addresses housing analysis. The analysis specifically states there is a gap in Prior Lake's housing in the area of newer apartment units. Similar type communities are expected to maintain 25-30% of the housing stock in apartments or multi-family dwellings. Prior Lake currently has 12.85% classified as apartments or multi-family dwellings. The addition of the proposed units would complement the goal of providing opportunities for diverse housing. (2) The use will not be detrimental to the health, safety, morals and general welfare of the community as a whole. The proposed multi-family dwelling will not be detrimental to the health, safety, morals and general welfare of the community as a whole. The site plan meets criteria found in the Zoning Ordinance. The streets accessing the property can f:\dept\planning\OOfiles\OOcup\OO-O I 0\00-0 I Opc2.doc 7 support the anticipated traffic. The proposed on-site ponding contains storm water run-off as much as possible without the presence of a public storm sewer system in place. (3) The use is consistent with the intent and purpose of the Zoning Ordinance and the Use District in which the Conditional Use is located. The use requires a CUP within the zoning district. The property is zoned R-4 Multi-family residential. The proposed site layout complies with all requirements and performance standards of the Zoning District with minor plan changes (landscaping) as made conditions of the CUP. (4) The use will not have undue adverse impacts on governmental facilities, services, or improvements, which are either existing or proposed. The proposed use as an apartment building will not have adverse impacts on governmental facilities or improvements. The site is designed to connect to future storm sewer. All other public improvements (street, water, and sewer) are existing and capable of supporting the proposed building and site improvements. (5) The use will not have undue adverse impacts on the use and enjoyment of properties in close proximity to the conditional use. The use is located adjacent to three public streets and a townhouse development to the east. The proposed use will not have adverse impacts on the use and enjoyment of properties in close proximity. (6) The use is subject to the design and other requirements of site and landscape plans prepared by or under the direction of a professional landscape architect, or civil engineer registered in the State of Minnesota, approved by the City Council and incorporated as part of the conditions imposed on the use by the City Council. The landscaping plans were prepared by a registered landscape architect and meet the planting requirements with the exception of additional shrubs required along 170th Street as part of bufferyard plantings. This has been made a condition of approval. (7) The use is subject to drainage and utility plans prepared by a professional civil engineer registered in the State of Minnesota which illustrate locations of city water, city sewer, fire hydrants, manholes, power, telephone and cable lines, natural gas mains, and other service facilities. The plans shall be included as part of the conditions set forth in the CUP approved by the City Council. f: \dept\planning\OOfiles\OOeup \00-010\00-01 Ope2 .doe 8 The drainage and utility plans were prepared by a professional registered engineer. Additional information is needed such as fire hydrant locations and the items listed on the attached engineering memo. These are conditions of approval. (8) The use is subject to such other additional conditions which the City Council may find necessary to protect the general welfare, public safety and neighborhood character. Such additional conditions may be imposed in those situations where the other dimensional standards, performance standards, conditions or requirements in this Ordinance are insufficient to achieve the objectives contained in subsection 1108.202. In these circumstances, the City Council may impose restrictions and conditions on the CUP which are more stringent than those set forth in the Ordinance and which are consistent with the general conditions above. The additional conditions shall be set forth in the CUP approved by the City Council. Staff does not recommend any additional conditions as all ordinance criteria have been met or will be met with conditions imposed. CONCLUSION Staff recommends approval ofthe CUP with the following conditions: 1. Four additional shrubs are required to be planted in the bufferyard required along 170th Street. 2. Irrigation Plan to be submitted. 3. Issues in engineering memo dated March 1, 2000 must be addressed. 4. Hydrant locations indicated and 300' foot hydrant radius to be provided. 5. A letter of credit must be submitted. The LOC will be for 125% of landscaping costs, tree preservation requirements, Estimates or bids must be submitted for the required landscaping ALTERNATIVES: 1. Recommend the City Council approve the CUP with conditions as recommended or any other conditions the Planning Commission feels are warranted. 2. Recommend denial of the request. In this case, the Planning Commission should be specific about findings of fact. 3. Continue the request. In this case, staff should be directed with specific information to bring back to the Planning Commission for further review. RECOMMENDATION: Alternative #1. f: \dept\p lanning\OOfiles\OOcup\OO-O I 0\00-0 I Opc2 .doc 9 - - - - -- - ..- --- - -- - -- --- - ACTION REOUIRED: Motion and second to recommend the City Council approved the CUP with the five conditions as listed in the staff report. f:\dept\planning\OOfiles\OOcup\OO-O I 0\00-0 I Opc2.doc 10 ~ PLANNING REPORT PRESENTER: PUBLIC HEARING: DATE: 4A PUBLIC HEARING TO CONSIDER A CONDITIONAL USE PERMIT TO ALLOW A MULTI-FAMILY DWELLING IN THE R-4 ZONING DISTRICT (CASE FILE #00-010) AFFORDABLE HOUSING SOLUTIONS SE CORNER OF TOWER STREET AND TORONTO AVENUE JENNI TOVAR, PLANNER -X-YES _NO-N/A MARCH 13, 2000 AGENDA ITEM: SUBJECT: APPLICANT: SITE: INTRODUCTION: On January 23, 2000 a Conditional Use Permit application was received to allow a Multi- family dwelling on the property located at the southeast comer of Tower Street and Toronto Avenue. The proposed building wiJl have 43 units with underground parking. No variances are needed. The applicant had asked the item be continued to March 13, 2000 to address site plan issues prior to planning Commission review. On March 2, 2000, the City received a petition protesting the project. Staff suggested a neighborhood meeting be held to answer any development questions and identify neighborhood concerns. On March 7, 2000, the City received a request from the applicant to continue the hearing until March 27, 2000 to allow adequate time for a neighborhood meeting. The City also received a waiver to the 60/120 day timeline for a decision on the CUP to be made by the City. CONCLUSION Staffrecommends a continuance of the cuP hearing to allow the applicant time to hold a neighborhood meeting. ALTERNATIVES: 1. Continue the public hearing to March 27,2000. "",,,,,,,,,_,._1,,,,,,,,,,,10"1 OIOO.() lO,ddoc I 16200 Eagle Creek Ave. S. E., Prior Lake, Minne,ota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER -~ -- On January 23, 2000 a Conditional Use Permit application was received to allow a Multi- family dwelling on the property located at the southeast comer of Tower Street and Toronto Aveuue. The proposed building will have 43 uuits with uudergrouud parkiug. No variances are needed. Staff has reviewed the application, and there are a number of items to be addressed affecting the site plan and grading of the site. Rather than presenting a piau with such chauges recommeuded, the applicant has asked the item be contiuued to March 13, 2000 address these issues prior to Plauuing Commission review. The proposed Conditioual Use Permit should be reviewed in accordance with the criteria found in Section 1102.700 aud 1108 of the City Code. Section 1102.700 are the specific CUP conditious for the proposed use aud Section 1108 are the general CUP criteria. A complete analysis will be provided on March 13, 2000 with the revised plans. AGENDA ITEM: SUBJECT: APPLICANT: SITE: PRESENTER: PUBLIC HEARING: DATE: INTRODUCTION: REVIEW PROCESS: ~ l PLANNING REPORT 4A PUBLIC HEARING TO CONSIDER A CONDITIONAL USE PERMIT TO ALLOW A MULTI-FAMILY DWELLING IN THE R-4 ZONING DISTRICT (CASE FILE #00-010) AFFORDABLE HOUSING SOLUTIONS SE CORNER OF TOWER STREET AND TORONTO AVENUE JENNI TOVAR, PLANNER -X-YES _NO-N/A FEBRUARY 28, 2000 CONDITIONAL USE PERMIT (CUP) ANALYSIS: Section 1108.200 of the City Code sets forth the criteria for approval of a CUP. (1) The use is consistent with and supportive of the goals and policies of the Comprehensive Plan. r, ""I"'I~ni",\j)OfiI" \O",.@O.() 10100.{) I ..,.doc I 16200 Eagle Ueek Ave. S.E.. prior Lake. Minnesota 55372-1714 I Ph. (612) 447-4230 I Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER ~~ ~ (2) The use will not be detrimental to the health, safety, morals and general welfare of the community as a whole. (3) The use is consistent with the intent and purpose of the Zoning Ordinance and the Use District in which the Conditional Use is located. (4) The use will not have undue adverse impacts on governmental facilities, services, or improvements which are either existing or proposed. (5) The use will not have undue adverse impacts on the use and enjoyment of properties in close proximity to the conditional use. (6) The use is subject to the design and other requirements of site and landscape plans prepared by or under the direction of a professional landscape architect, or civil engineer registered in the State of Minnesota, approved by the City Council and incorporated as part of the conditions imposed on the use by the City Council. (7) The use is subject to drainage and utility plans prepared by a professional civil engineer registered in the State of Minnesota which illustrate locations of city water, city sewer, fire hydrants, manholes, power, telephone and cable lines, natural gas mains, and other service facilities. The plans shall be included as part of the conditions set forth in the CUP approved by the City Council. (8) The use is subject to such other additional conditions which the City Council may find necessary to protect the general welfare, public safety and neighborhood character. Such additional conditions may be imposed in those situations where the other dimensional standards, performance standards, conditions or requirements in this Ordinance are insufficient to achieve the objectives contained in subsection 1108.202. In these circumstances, the City Council may impose restrictions and conditions on the CUP which are more stringent than those set forth in the Ordinance and which are consistent with the general conditions above. The additional conditions shall be set forth in the CUP approved by the City Council. CONCLUSION Staff recommends a continuance of the CUP hearing to allow the applicant to submit revised plans and to allow for adequate time for staff review. ALTERNATIVES: 1. Continue the public hearing to March 13, 2000. f:\dept\planning\OOfiles\OOeup\OO-O I 0\00-0 I Ope.doe 2 RECOMMENDATION: Staff recommends Alternative #1. ACTION REOUIRED: Motion and second continuing the public hearing to March 13, 2000. f:\dept\planning\OOfiles\OOeup\OO-o I 0\00-0 I Ope.doe 3 Charles Radloff 1:r 612 941 5240 IfjJ 2/16/00 C\) 2:40 PM D 1/1 Charles J. Radloff · Architect February 16, 2000 Jenni Tovar Planner City of Prior Lake 16200 Eagle Creek Ave S.E. Prior Lake, MN 55372-1714 RE: Stonegate Apartments (Project #34-00) Dear Jenni, Per our phone conversation, please be advised that we are requesting an extension of time to complete with the changes noted on the memorandum faxed to your office this a.m. It is our understanding that if we can submit revised drawings by Friday February 25th we would than be scheduled for the March 13th planning commission meeting. Sincerely, Charles J. Radloff Reg. Architect 9979 VALLEY VIEW ROAD-SUITE 256 -EDEN PRAIRIE, MINNESOTA 55344 - 612-941-1667 200'1 CORRESPONDENCE ---------------- -- - ~,.._"'.....^,.: ."...._.~4liiOotr~.;......~""_.,.r..<-.......;;..,..........................'.~"'~.;;;.,.h~.......^'..._'-'-- ~.~.~....U......""........,'..__.;;._,,:.:.:...,:_..;.;-:-;..,.~,.;,,;;;:-'-,--;:;.,..<<...._..,',-'.- .._,.40".""'....d'-"-""'..._,....,~'- -- FilE COP~ December 19, 2001 Affordable Housing Solutions LLC Attention: Bob Skarsten 4420 Shoreline Drive Spring Park, MN 55381 The City has completed the review of the revised retaining wall and lands~ping plan for the east side of the Stonegate Apartment site. We have approved this plEin in concept. In order to obtain final approval you must do the following: RE: Stonegate Apartments - Revised Plans Dear Mr. Skarsten: 1. Submit two (2) copies of the landscape plan signed by a registered landscape architect. 2. Submit an application for a building permit for the retaining wall. Thank you for your attention to this matter. If you have questions, please contact me directly at 952-447-4230. Sincerely, O-~ ~nSier. AICP Planning Coordinator c: DRC Members I:\OOfiles\OOcup\OO-010\retaining wall letter. doc Page 1 16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (952) 447-4230 / Fax (952) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER DATE: Sue McDermott, City Engineer Bob Hutchins, Building Official Jane Kansier, Planning COOrdinato~ December 10, 2001 TO: FROM: ./ RE: Stonegate Apartments Retaining Wall CC: DRC Members Attached are the plans for the revised retaining wall along the east property boundary of the Stonegate Apartment building. Also included is a revised landscaping plan. Please review these plans and let me know of any engineering or building issues. Thank you for your help. Please let me know if you have any questions. w~ l \ (.,t:fJ~q) U,..x;"((UJ c"n~. '2. N<> O~ \SSl.1~ ~~I{to!~1 - It;r 7). --.-\ \ ,~C' .r l/~ lD,...} J ~ ifL~f ~h' (I-'S~ ~ A f:N ~,~ \)<>~"= l:\OOfiles\OOcup\OO-O 1 O\retaining wall.doc ----_._------~._-_..- -- Mr. Bob Skarsten Stonewood Development 4420 .'Shorel ine Spring Park, MN 55384 December 4, 2001 PRIOR LAKE - SPRING LAKE WATERSHED'DISTRICT (952)447-4166 Fax 447-4167 DEe 5 200\ Re: Watershed Dist Review of Stonegate Apts, in City of Prior Lake Dear Mr. Skarsten: The District has determined that the subject project does not require a permit since planning was commenced last year including receipt of a Conditional Use Permit from the City inJuly, 2000. The District's Ruleswere modified in Februaryof20Ql; this,includeda'loweringof the size threshold such that your prOject would now require a permit. However, the character of your project had been establ.ished prior to February 2001 andthe City revIew and CUP had already been completed. Please verify to the. District that. the, project is consistent with the grading plan that was issued by the City of July 2001. Please send us a letter in this regard. Inanyevent, YOushouldbe aware that: 1) Allland disturbing activities, Whether or not they require a District permit, are to. be.undertakehin conformance with best management practices and the standards and criteria of the District's Rules. 2) The District may inspectthe project for conformance with District RuJes, the CUPand the .grading.plan. Erosion and sOil. stability 'can be, significant problems, especially during. spring Snow melt and rains. Our inspection of your site is likely to concentrate On these,items. You should assure that site soils are stable this fall by the Lise of,dprmant seeding and other features that will control ero~iori and . sedimentation. A copy of the District Rules is included here for you reference. ' Sincerely,.. .' . . . '. ........ ..~........p............... ..ke..s. ~r.ing lake..W.a.te....r.s hed District ~.~ 10~ . . Paul NelSon .... ' District Administrator . CC w/o attachment: Jane Kansier, City of PL Attachment 16670 FRANKLIN TRAILS.E.'. SUITE 110. PRIOR LAKE, MN 55372 , November 7,2001 Commonwealth Land Title Insurance Company Attention: Laurel Forrest 255 Park Square Court 400 Sibley Street St. Paul, MN 55101 Re: Stonewood Apartments: / Legally described as Lot 2, Block 3, Brookville Center I" Addi"'n, except the westerly 80 feet thereof, Scott County, Minnesota. .i ;j,' ,~;' ;,~( :~ i Please be advised "lith respect to the above Property that: ..~. 1'; I. The property is currently zoned R-4 (High Densit~~dential). A. conditional use permit for the constrnction of a fillj'!ti-llunilY apartment building has been approved by the City CounciHor this use. Dear Ms. Forrest: 2. We have no knowledge of any zoning violations on this property. 3. The Property has sewer, water and other ~ity services availablejn public right of way adjacent to the Property wi,tliwhich improvements t<l the Property may be connected, subject to,liWlicable installation an<{hook -up charges. If yon have any additional questions, please cl1ntaCt me at 952-447-9810. Sincerely, .' O.~ ~sier, AICP' lr~:g Coordinator c: Bud Osmundson, PubliC Works Director ,tt , ; 1:\OOfiles\OOcup\OO-O I o\zoning letter.doc ." .' 16200 Eagle Cr.,ek Ave. S.E., Prior~' Minnesota 55372-1714 /.J......... ,~. (952) 447-4230 / Fax (952) 447-4245 '. AN EQUAL o",oRTUNn'f EMPLO .' t/ ~{ 6~' From: Sent: To: Subject: >i'-i>'-' Please send it to commo~th LaiI~~e Insurance Company, 2~5 Park Square court, 400 S ,bI e y St reet, st. paul'~!!lI 5 51 Oitt~i,' Laure 1 Forrest and fax ,t to her at 651- 2 2 7- 17 08 . I apologize for ij!i;' de lay ,ir~~onse ~ I have been in ,a cl os ing most 0 f the day. I apprecute your prompli" spons' T~\t' closw9 '" scheduled for 10 AM tomorrow and we can close on a fax. ThankS. yourtlP pfb-pa.com] 001 4:26 PM E.com mation Jane Kansier I spoke with each ofi:~ las~eek;, subsequently is appe4red that we could elimin,te the requi~~t of z~ng letter, but this t~tned out not to be the C.,e. Attached:~:,;a versi,,!,fe confirmation that t,l!!' property is zoned r-4, th,t there are.,~,existf9 v,,?lations regarding th~''cl>roperty, and that utility service is ~vailabl#n t~e adjacent public rig~~ of way. At this point we a~~~ryingiO c~".e on WednsdaY. I a~:l1'ot sure which of you needs to proce~?this ,!lUe~tSO I am forwarding i"!ito both of you. If there is any problem/with ~e requested confirmation, elJ-ease call me. Glenn Bergman 651-290-6910 Fax: 651-228-17 ity,RIO~AKE.com> 11/07/01 11:25AM >>> thig}tte:!t. Thanks. >>> Jane Ransier <JKansi We need an address to se -----original Message--- From: Glenn Bergman [ma' Sent: Monday, November To: .Bosmundson@cityofP SubJect: Zoning and u o : gbrman~pfb-pa . com] 2 0 ~ : 4 ~'PM lakeOm;jkanSier@citYOfPriorlake. com ty dirma.tion 1 TO: FROM: DATE: RE: Planning Department Building Department Engineering Department Finance Department Public Works Department Police Department Jane Kansier, Planning coordinator~ July 12, 2001 U Stonegate Apartments Stonegate Apartments, the 43-unit apartment building located at the intersection of Tower Street and Toronto Avenue, will begin construction soon. The address and PID number for this building are as follows: Address: 16955 Toronto Avenue SE PID Number: 25-022-006-1 Please change your files to reflect this information. Thank you. 1: \OOfiles\OOcup\OO-O 1 O\address.doc FILE COpy July 9, 2001 Bryce Huemoeller Huemoeller & Bates 16670 Franklin Trail P.O. Box 67 Prior Lake, MN 55372 RE: Stonegate Apartment CUP Dear Mr. Huemoeller: On July 9, 2001, the City of Prior Lake issued a footings permit for the Stonegate Apartment building. This permit satisfies the requirement that a building permit be issued for this development by July 17, 2001. Therefore, the extension you requested in your letter dated July 6, 2001, is not be necessary. If you have questions, please contact me directly at 447-4230. Sincerely, ~().~ Ua~e 'K;;,sier, AICP Planning Coordinator c: DRC Members 1:\OOfiles\OOcup\OO-010\footing permit.doc _3- Page 1 16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (952) 447-4230 / Fax (952) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER HUEMOELLER & BATES ATTORNEYS AT LAW 16670 FRANKLIN TRAIL P.O. BOX 67 PRIOR LAKE, MINNESOTA 55372 JUl 6 2001 JAMES D. BATES BRYCE D. HUEMOELLER July 6, 2001 Telephone (952) 447-2131 Fax (952) 447-5628 Via Hand Delivery Jane Kansier Planning Coordinator City of Prior Lake 16200 Eagle Creek Ave. S.E. Prior Lake, MN 55372-1714 Re: Stonegate Apartment CUP Dear Ms. Kansier: I am writing on behalf of Affordable Housing Solutions, LLC ("AHS") to request an extension to October 17,2001 of the time period for issuance of a building permit for the construction of the project. We would request that the proposed extension be considered by the Prior Lake City Council at its regularly scheduled meeting on July 16, 2001. On July 17,2000, the City Council approved Resolution 00-58 that authorizes the construction of a 43 unit multi-family dwelling at the Southeast intersection of Tower Street and Toronto Avenue. The Resolution contains several conditions, one of which is the design and construction of a storm sewer system to carry runoff from the project to an existing City NURP pond located south of Tower Street. The design of the storm sewer system required by Resolution 00-58 was completed and approved by the City Council in early 2001. Construction of the system has now been completed. The condition in Resolution 00-58 relating to the design and construction of the storm sewer system caused several delays for the project. First, both the City and AHS contemplated using proposed storm water ponds on the adjacent post office site as part of the system. However, delays (and then a moratorium) in the postal service project ultimately required AHS to elect the Tower Street option. The process of obtaining approval of the design for the system was also delayed by changes in the pipe sizing requirement that occurred after the initial design was submitted to City staff. Jane Kansier Planning Coordinator City of Prior Lake Page 2 Julv 6. 2001 In order to begin preparation of the plans and specifications for construction of the building, it was necessary to procure a preliminary financing commitment. This commitment was correspondingly conditioned on the results of a marketing study, a commitment for permanent financing, and the lender's satisfaction that the conditions contained in Resolution 00-58 (including the approval and construction of the storm sewer system) could be met within budget and the time frames needed for the project to proceed. The initial intention of AHS was to finance the project through HUD. However, after starting with the application process, it was determined that HUD funding for this project would not be available in this fiscal year. It was therefore necessary to shift the project to a FNMA lender and restart the approval process for permanent financing late this spring. Once the financing issues were resolved, it was feasible to retain the architect and engineers to complete the final working plans and specifications needed for the building permit for the project. It was also feasible to construct the storm water system and provide the collateral and perform the other requirements of Resolution 00-58. At the present time, the building plans and specifications are being reviewed by the City building department. The building official reviewing the plans and specifications has provided AHS with a written list of items or information that will be required for final approval of the building permit. AHS has provided a significant portion of the information or items requested and is diligently working to complete the remaining open items on the list. It is believed that all other requirements of Resolution 00-58 or of the planning department have been satisfied as of this point. At the present time, AHS has incurred considerable expense on the project. In addition to the purchase price for the land and the cost obtained to obtain the CUP, AHS has incurred in excess of $1 00,000 of expense to design and construct the storm sewer system, it has paid an excess of$100,000 to obtain market studies, application fees, and other costs in connection with its financing efforts, and it has incurred over $50,000 of expense to design the project and obtain plans and specifications that are currently under review by the planning department. 4 Jane Kansier Planning Coordinator City of Prior Lake Page 3 Julv 6. 2001 An extension of the time period for obtaining the building permit is contemplated by the Prior Lake Zoning Ordinance. Section 1108.217 specifically authorizes the City Council to grant one or more 90-day extensions of time on the basis of requests for extension of time that may be filed not more than 30 days before the termination date of the CUP. In summary, AHS requests a 90 day extension of time to obtain the building permit for the multi-family dwelling authorized by Resolution 00-58. AHS has worked diligently and expended substantial sums of money to comply with the conditions of Resolution 00-58. To its knowledge, it has filed all information required by the planning department for issuance of the building permit and is working diligently to obtain the remaining information requested by the building department in connection with its review of the permit. I plan to attend the city council meeting on July 16th with Jeffrey Gustafson and Bob Skarsten to answer questions that the City Council may have with respect to this request. Sincerely yours, ~~. BDH:cak cc: Frank Boyles, Prior Lake City Manager Affordable Housing Solutions, LLC JUN, 28. 2001 3: 29PM NO. 1668 P. 1 FAX TRANSMISSION HUEMOELLEIl & BATES 16670 Franklin Trail Prior Lake, MN 55372 (612) 447-2131 Fax: (612) 447-5628 To: Jane Kansier Date: June 28, 2001 City of Prior Lake Fax #: 447-4245 Pages: lof2 From: Bryce D. Huemoeller Subject; Affordable Housing Solutions LLC CONFlDENl1Al.D'l NOTICE: The docu~nt(s) accompanying this flU contain confidential i1!foT7/'llltion which is legally privileged. The Info17fllJtion is ituended only for the use of the intended recipient. lfyou are not the inrelVied recipient, you are hereby norified that any disclosure, copying. distribution or the t(Z/cing oj any action in reliance on the cOrlrUllS of the telecopied inJomrorion acept its dired delivery to the intended recipienr NJIMd above i$ strictly prohibited. lfyou IUllle received this fax in error, please noti}'j us imm.ediately by telephone 10 arrange for rerum of the original documenrs to us. COMMENTS: Resolution 00-58 was recorded with the Scott County Recorder on June 27, 200 1, as document number 509985. Please let us know immediately if you need any additional infonnation. filE COPl June 21, 2001 Bryce Huemoeller Huemoeller and Bates Law Office 16670 Franklin Trail, Suite #210 Prior Lake, MN 55372 Charles Radloff Radloff Architects 9979 Eden Valley Road #256 Eden Prairie, MN 55344 Affordable Housing Solutions LLC Attention: Bob Skarsten 4108 Red Oak Ridge ,Minnetonka, MN 55345 RE: Stonegate Apartment CUP Dear Messrs. Huemoeller, Skarsten and Radloff: We have received the revised site plans and building permit application for the Stonegate Apartments. Before the Planning Department will sign off on this application, you must submit the following information: 1. Proof of recording of Resolution #00-58. (I sent Messrs. Skarsten and Radloff a certified copy of this resolution on July 21, 2000; however, I am enclosing another certified copy with this letter to Mr. Huemoeller.) 2. A signed assent form. (Mr. Huemoeller received an assent form on June 6, 2001. Please let me know if another copy is required.) 3. The landscape plan must be revised so that the key includes the proper numbers (see attached). 4. A letter of credit for 125% the required landscaping costs. An estimate or bid for this required landscaping must be submitted for staff approval. Once this information is received, the Planning staff will be able to approve your building permit application. The Building Department and Engineering Department may have other requirements. If so, you will be notified of the .. necessary changes. 1:\OOfiles\OOcup\OO-010\permit letter. doc Page 1 16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (952) 447-4230 / Fax (952) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER "~,~_,,.> ~,.,.._.._,..:;..,._..:>..~>.:.:__....:::...;.._...;:.;...:.:".:;...-,..".....c...., _~,~,,' ._'..-"<j~'- .~;;...~-,-.... ..-,,_..,....:...'... - ._,_.~...,.. Please keep in mind that you must obtain a building permit by July 17, 2001, or the conditional use permit will be null and void. Thank you for your prompt attention to this matter. If you have questions, please contact me directly at 952-447-4230. Sincerely, Q. ~ J ne Kansier, AICP anning Coordinator Enclosure c: Bob Hutchins, Building Official Sue McDermott, City Engineer .. 1:\OOfiles\OOcup\OO-O 1 O\permit letter. doc Page 2 .-....-,.............-.;;. . '/ ..,.. ~ ............._~.,_.,;~:..... ..::::..."'-'.._~-.-.~...~.-..;..,...1;~,..~ ~ ~.....h~...__...".<;-.._, . . ....nN,.. rYJ\ -'i "7a iJ1 [/~~ ~ ~ir ()~ ~ ~11'!J. ~ ,.... - ~ ~ cg NEW PLANT/NGS S'lZE QTY. (cal.ln.) TYPE KEY COM M 0 N N A M E I 8 0 TAN IC A L N A M E Shad. Tre" Burr 0 . k I Qua rc u sma c ro carD a S ug.r M iDla A car saccharum TOTAL QTY. OF SHADE TREES 4 3 1/2 12 2 1/2 1 6 Parking Lot Tr." Tho rn I. . s H 0 nay 10 c u s I I G la d it s ia triancanthos inarm Is TOTAL QTY. OF PARKING LOT TREES 7 3 1/2 7 o rn am. n ta I T r. · · NanriYbarrv Viburnum I Viburnum lantiCio Thornla.' Cock.pur H awlhorna I CretaaguS phaano"trum TOTAL QTY. OF ORNAMENTAL TREES 8 2 1/2 10 2 1/2 -fl \S( Con If. r T re · · Pin u s re sin 0.. I No rwa Y P In a (8 'J Black Hills S pruca I P Icaa glauca dansata 18 'I 25 3 1/2 TOT A L Q T Y . 0 F CON IF E R T R E E S 14 39 3 1/2 Tolal Qly. olTrus rr'60 S h ru b a R ad Twig Dog woo d I Corn u s s to 10 n ifa re '/s anti' 18 Com pac I A m I rlc a n C ra n b I rry bus h I Viburnum tr/lobum 'Com Dacta" 18 G ro -10 w Sum a c I R h usa ro m a tic a 'G ro -10 w' Winaed EuonymuS I Euonvmus I/atus Hlnry Hudson Rose / Rosa 'Henry Hudson' Lillla P rln CIS sSp Ire a / S "Irl a Ja" 0 n Ie a 'Llttle P rin CIS S ' TOTAL QTY. OF SHRUBS 26 8 19 58 145 P. r. nnlal./G rou n d COy. r F 'e I cIllo WI rIP 0 'va 0 n u m re vn 0 u tria 69 .. . OSlrlch Flrn / Mattauc/a struthioDtariS 31 SId u m / Sad u m 'A c re '(3 0 % J & '0 rl II 0 n s Blood'(30% 1 & 'Klm tschltlcum '(40% J 103 TOT A L Q T Y . 0 F PER E N N IA L S 203 TREE PRESERVATION PLAN N a w T rl aRe P la c a man I. R I q u Ira d Nlw Treas 10 bl Planlad on-slll-(1lunll) Q TY. nla ~ B&B B&B B&B B&B B & B #5 #5 #2 #5 #2 #2 #1 # 1 # 1 B & B B&B Pol Pol Pol Pot Pol Pot TOTAL (cal.ln.) 14 30 44 24 1/2 20 25 87 1/2 49 294 NOTE Pol same spp. with In e 8 c h g r 0 u P In g same SPP with in e a c h groupmg Pot Pol , TOTAL (cal.ln.) 89.25 294 GENERAL PLANTING NOTES 1. Inslallation 01 all planllngs will bl In accordancl with profe..iona' horticultural .,andard. as aslabli.hld In Ihe mosl currenl edition olthe "Land' cape construe\ion R ell rl n elM an u al" a s I' u b lis h e d by Ih e A m I rle anN u rs e ry and Lan d sea I' e A .soelallon. 2. All planling bads .hall be covlred wilh a minimum 014" standard wood mulch to be slleeted by ownlr. All dl.,urbed area. nol olherwise marked or denoted on plan shall bl p'anled wllh sod grass. 3. Verify locallon 01 undlrground utililles prior 10 digging. 4. All nlW planllngs shall be Irrlgaled. Irrigation plan shall be subm illed wilh building pe rm II. TREES TO BE REMOVED QTY. COMMON NAME ,.. FILE COpy June 6, 2001 Bryce Huemoeller Huemoeller and Bates Law Office 16670 Franklin Trail, Suite #210 Prior Lake, MN 55372 RE: Stonegate Apartment CUP Dear Bryce: Enclosed is an assent form for the approved CUP. This should be signed by the developer and returned to the Planning Department. Also enclosed is a copy of the resolution approving the CUP. This resolution lists the conditions of approval and the items that must be submitted. If you have questions, please contact me directly at 447-4230. Sincerely, Q.~ ~ier, AICP ~~n~~n~oordinator Enclosure 1:\OOfiles\OOcup\OO-010\huemoeller letter.doc Page 1 16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (952) 447-4230 / Fax (952) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER ~.~....~.,'.' ..'_.c;......_.. .._......,,-.. .. ". ,,"..,.;.~ ,'v- F~ .~\.. , ,<. ~, :. ~ J,:' r ~~"". 0 ~, !i iii ~ \i.:, ~ I (~ ~..., April 16, 2001 Affordable Housing Solutions LLC Attention: Bob Skarsten 4108 Red Oak Ridge Minnetonka, MN 55345 Charles Radloff Radloff Architects 9979 Eden Valley Road #256 Eden Prairie, MN 55344 RE: Stonegate Apartment Building Conditional Use Permit Dear Mr. Skarsten and Mr. Radloff: On July 17, 2000, the Prior Lake City Council adopted Resolution 00-58 approving the Conditional Use Permit for the Stonegate Apartments, subject to the listed conditions. A copy of this resolution is attached for your information. The certified copy of the resolution I sent to you on July 21, 2000., must still be recorded as the first step in the permitting process. On January 22, 2001, the City Council adopted Resolution #01-08 approving the Development Contract for the construction of storm sewer. This satisfies the conditions listed as a) thru e) on the attached resolution. The Development Contract included the following requirements: 1. The construction of the storm sewer may not commence prior to May 15, 2001 2. Prior to construction, the following items must be submitted: a) An irrevocable letter of credit in the amount of $38,320.00 b) A Certificate of Insurance c) A recorded copy of the contract In order to proceed with this project, you must first record Resolution 00-58. Once the resolution is recorded, you must submit revised plans addressing all of the conditions of approval listed in the attached resolution. The plans dated June 27, 2000, address some of these conditions; however, the following items must be still be addressed and satisfied: . A grading permit must be issued and all stormwater improvements on and off-site must be completed prior to issuance of any building permit. In lieu of completion of 1:\OOfiles\OOcup\OO-010\reminder letter.doc Page 1 16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (952) 447-4230 / Fax (952) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER . ..."..___"."'_......c.............~.,..',.-_. .... "-.- ~,_,-..,~.....w._.~--...~-- ~ this work, the developer may submit an Irrevocable Letter of Credit, drawn on a Minnesota bank, a LOC for 125% of the cost of improvements with the building permit. The Irrevocable Letter of Credit is subject to the approval of the City Attorney. All work on the storm water improvement must be completed prior to issuance of Certificate of Occupancy. . A fence must be installed at the top of the retaining walls where height requirements create a hazard to the use of the adjacent property to the east. (Please provide a detail of the fence.) . An Irrigation Plan must be submitted. . Provide a detailed traffic control plan to be implemented during utility construction on Tower Street prior to utility construction. . Plans indicating hydrant locations and the 300' foot hydrant radius must be provided. . An Irrevocable Letter of Credit must be submitted for 125% of the landscaping costs, tree preservation requirements. Estimates or bids must be submitted for the required landscaping. . All tree replacement (89.25 caliper inches) must occur on the site with the landscaping emphasis on the bufferyard on the east side (17Oth Street). The revised landscaping plan must be approved by Planning Department staff. No Final Certificate of Occupancy will be issued until the landscaping requirements are met. . An Assent Form as shown on Exhibit A, agreeing to the conditions placed on the approval of the Conditional Use Permit as required by the Zoning Ordinance, must be signed by the applicant and all property owners. . The resolution approving the CUP must be recorded on all affected properties and proof of such recording presented to the Planning Department. Please submit at least two full sets of the revised plans. Once the staff has reviewed and approved these plans, you may submit applications for a grading permit and/or a building permit. Please be aware that you must obtain a building permit by July 17, 2001, or the conditional use permit will be null and void. Thank you for your prompt attention to this matter. If you have questions relative to the review process, or related issues, please contact me directly at 952-447-4230. Sincerely, tt::n9AI~ Planning Coordinator c: DRC Members . I:\OOfiles\OOcup\OO-010\reminder letter. doc Page 2 f 'I, [ C O,.;',t" fl," ~,."""f . :[1 ~ . fl ,.~,F 'Ii Ili'""" . lWfi ,~ February 13, 2001 Affordable Housing Solutions LLC Attention: Bob Skarsten 4108 Red Oak Ridge Minnetonka, MN 55345 Charles Radloff Radloff Architects 9979 Eden Valley Road #256 Eden Prairie, MN 55344 RE: Stonegate Apartment Building Conditional Use Permit Dear Mr. Skarsten and Mr. Radloff: On July 17, 2000, the Prior Lake City Council adopted Resolution 00-58 approving the Conditional Use Permit for the Stonegate Apartments, subject to the listed conditions. I sent a copy of this resolution to you on July 21, 2000. This resolution must still be recorded as the first step in the permitting process. On January 22, 2001, the City Council adopted Resolution #01-08 approving the Development Contract for the construction of storm sewer. This satisfies the conditions listed as a) thru e) below. The next step is to record resolution. Once the resolution is recorded, you must submit plans addressing all of the conditions of approval. These are listed below. The plans dated June 27, 2000, address some of these conditions. However, the following items, identified in bold italics, must be still be addressed and satisfied: a) The developer agrees to manage the storm water run-off from the site by either one of the following solutions: i) Diverting the run-off to a ponding and drainage area on to a site located at the corner of Toronto and Tower Streets that is the subject of a Purchase Agreement between Neil Soderman and the United States Postal Service ("Post Office Property") the proposed post office site. ii) Constructing a storm sewer line west along Tower Street to the City's NURP pond located south of Tower Street. b) The developer agrees to pay the cost associated with (i) or (ii) and agrees that regardless of which option the applicant elects, the City's share of the improvement is not to exceed $35,200.00. 1:\OOfiles\OOcup\OO-010\approvalletter3.doc Page 1 16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER .. ' . . . c) The developer must submit all necessary plans for the stormwater improvements to the City staff for approval. d) All necessary easement documents related to storage of stormwater drainage on the Post Office property must be approved by the City Attorney. e) The developer must enter into the City's standard development contract for the installation of the necessary improvements prior to issuance of any type of permits. f) A grading permit must be issued and all stormwater improvements on and off-site must be completed prior to issuance of any building permit. In lieu of completion of this work, the developer may submit an Irrevocable Letter of Credit, drawn on a Minnesota bank, a LOC for 125% of the cost of improvements with the building permit. The Irrevocable Letter of Credit is subject to the approval of the City Attorney. All work on the storm water improvement must be completed prior to issuance of Certificate of Occupancy. g) Sidewalk must be installe.d along the property line on Tower Street. h) A fence must be installed at the top of the retaining walls where height requirements create a hazard to the use of the adjacent property to the east. (Please provide a detail of the fence.) i) The parking lot must be redesigned to allow an entrance-only driveway from Tower Street and an exit-only driveway onto Toronto Avenue. j) Four additional shrubs must be planted in the bufferyard required along 170th Street. k) An Irrigation Plan must be submitted. I) The following issues in the engineering memo dated March 1, 2000 must be addressed. i) Provide a detailed traffic control plan to be implemented during utility construction on Tower Street prior to utility construction. ii) Show the location of the rock construction entrance on the plan. m) Plans indicating hydrant locations and the 300' foot hydrant radius must be provided. n) An Irrevocable Letter of Credit must be submitted for 125% of the landscaping costs, tree preservation requirements. Estimates or bids must be submitted for the required landscaping. 0) All tree replacement (89.25 caliper inches) must occur on the site with the landscaping emphasis on the bufferyard on the east side (170th Street). The revised landscaping plan must be approved by Planning Department staff. No Final Certificate of Occupancy will be issued until the landscaping requirements are met. p) An Assent Form as shown on Exhibit A, agreeing to the conditions placed on the approval of the Conditional Use Permit as required by the Zoning Ordinance, must be signed by the applicant and all property owners. 1:\OOfiles\OOcup\OO-010\approvalletter3.doc Page 2 .. r q) The resolution approving the CUP must be recorded on all affected properties and proof of such recording presented to the Planning Department. Please submit at least two full sets of the revised plans. Once the staff has reviewed and approved these plans, you may submit applications for a grading permit and/or a building permit. Thank you for your prompt attention to this matter. If you have questions relative to the review process, or related issues, please contact me directly at 952-447-4230. Sincerely, Q.~ ~nSier. AICP Planning Coordinator c: DRC Members 1:\OOfiles\OOcup\OO-010\approvalletter3.doc Page 3 Frank Boyles From: Sent: To: Cc: Subject: Jane Kansier Monday, January 08, 2001 9:58 AM Frank Boyles Don Rye; Sue McDermott; Bud Osmundson Stonegate I checked the dates for the Stonegate Conditional Use Permit. The Council approved the CUP on July 17, 2000. The Zoning Ordinance allows 1 year to begin construction. If the developer is intending to move forward, they should submit all of the necessary plans to meet the conditions of approval. Following approval of those plans, the developer may receive a building permit. That should protect the intent of the CUP. Please let me know if you have any questions. ('&/'.( be('--- G_hCi{,e -hifC{Jl15 1 2000 CORRESPONDENCE o - - - ------- -------------~--~~------ --- - - - - - -- " ,,,,,.,<,'" . fUlE COPl Affordable Housing Solutions LLC Attention: Bob Skarsten 4108 Red Oak Ridge Minnetonka, MN 55345 Charles Radloff Radloff Architects 9979 Eden Valley Road #256 Eden Prairie, MN 55344 RE: Stonegate Apartment Building Conditional Use Permit Dear Mr. Skarsten and Mr. Radloff: On July 17, 2000, the prior Lake City Council adopted Resoiution 00-58 approving the Conditional Use Permit for the Stonegate Apartments, subject to the listed conditions. I sent a copy of this resolution to you on July 21, 2000. This resolution must still be recorded as the first step in the permitting process. Once the resolution is recorded, the next step is to submit plans addressing all of the conditions of approval. These are listed beloW. The pians dated June 27, 2000, address some of these conditions. However, the following itemS, identified in bold italics, must be still be addressed and satisfied: a) The developer agrees to manage the storm water run-off from the site by either one of the following solutions: i) Diverting the run-off to a ponding and drainage area on to a site located at the corner of Toronto and Tower Streets that is the subject of a purchase Agreement between Neil soderman and the United States postal Service ("Post Office property") the proposed post office site. ii) constructing a storm sewer line west along Tower Street to the City's NURP pond located south of Tower Street. b) The developer agrees to pay the cost associated with (i) or (ii) and agrees that regardless of which option the applicant elects, the City's share of the improvement is not to exceed $35,200.00. c) The developer must submit all necessary plans for the stormwater improvements to the City staff for approval. 1,\OOli~'\OO"'P\OO-010\appro"'le",<2.dO' Page 1 16200 Eagle Cceek Ave. S.E., Price Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER - - - - -.- - -- - -------------------- - .~ .....;....";.~-......,.-. .". .. d) All necessary easement documents related to storage of stormwater drainage on the Post Office property must be approved by the City Attorney. e) The developer must enter into the City's standard development contract for the installation of the necessary improvements prior to issuance of any type of permits. f) A grading permit must be issued and all stormwater improvements on and off-site must be completed prior to issuance of any building permit. In lieu of completion of this work, the developer may submit an Irrevocable Letter of Credit, drawn on a Minnesota bank, a LOC for 125% of the cost of improvements with the building permit. The Irrevocable Letter of Credit is subject to the approval of the City Attorney. All work on the storm water improvement must be completed prior to issuance of Certificate of Occupancy. g) Sidewalk must be installed along the property line on Tower Street. h) A fence must be installed at the top of the retaining walls where height requirements create a hazard to the use of the adjacent property to the east. (Please provide a detail of the fence.) i) The parking lot must be redesigned to allow an entrance-only driveway from Tower Street and an exit-only driveway onto Toronto Avenue. j) Four additional shrubs must be planted in the bufferyard required along 170th Street. k) An Irrigation Plan must be submitted. /) The following issues in the engineering memo dated March 1, 2000 must be addressed. i) Provide a detailed traffic control plan to be implemented during utility construction on Tower Street prior to utility construction. ii) Show the location of the rock construction entrance on the plan. m) Plans indicating hydrant locations and the 300' foot hydrant radius must be provided. n) An Irrevocable Letter of Credit must be submitted for 125% of the landscaping costs, tree preservation requirements. Estimates or bids must be submitted for the required landscaping. 0) All tree replacement (89.25 caliper inches) must occur on the site with the landscaping emphasis on the bufferyard on the east side (170th Street). The revised landscaping plan must be approved by Planning Department staff. No Final Certificate of Occupancy will be issued until the landscaping requirements are met. p) An Assent Form as shown on Exhibit A, agreeing to the conditions placed on the approval of the Conditional Use Permit as required by the Zoning Ordinance, must be signed by the applicant and all property owners. Page 2 1:\OOfileS\OOcup\OO-010\approvalletter2.doc q) The resolution approving the CUP must be recorded on all affected properties and proof of such recording presented to the Planning Department. Once City staff has reviewed and approved the plans, we will prepare a development contract for your signature. We will then forward the contract and plans to the City Council for approval. From there, you should be able to obtain the required permits. Thank you for your prompt attention to this matter. If you have questions relative to the review process, or related issues, please contact me directly at 447-4230. Sincerely, ~Q..1(~ U Jane ~ansier, AICP Planning Coordinator c: DRC Members Page 3 1:\OOfiles\OOcup\OO-010\approvalletter2.doc -- 11:56 FAX .6~~ 7858 . HALLE~ND . 00 02: l1PM HlJEl'\OELLER &. BATES 141 002/003 p.1/2 08/29/00 AUG ;:". FAX TRANSMISSION HtJDtoE.Ll.EB & BA-rES 16670 Franklin 1'rall prigr Lake. MN 55372 (612) 447-2131 Fax: (612) 447...6628 338-7858 P2ges: August 21. 2000 lof2 To: Fax #; suesan Lea pace Date: From: BIYcc D- liuemoeUer Subject: Affordable Housing SolutioDS, In<:. - City of Prior Lake - United _Parcel Service CONFIDE)(1W.lIY ]101lC1i: .,.. _(~ ~ ddsfll> -~."..-..-" '..,uJy priWh:"L ... ~ "........ oaI1 for.......,...........,..."..,.. ,1-""'...... i...... --- "'" "'''''' ...iti"" """ "'" ~""""'. _.... """"'""'" ... 1M - ., "'" ""'... in "",,,,"' ... 1M -""" .,... ",""'<11 ~ <='1" Us ..... deli.." .. 1M _ """""'.......... " _11""'-- If,... """ _1i>Isftr< in .".,. _ _ ., __., ItlqMM" _for __.,m. ""'.... ""_..... c~w.1ENTs: I have 'the following comments after reading through the sample- casement furnished to AHS and the Postal Service. It baS been lIlY undaSmnding thal:if absolutely n.'essllI}', AHS could limit runoff froIn its p=l to no more than the pro-dewlopment to1e. In fact. it is theordically possible (although "ory c:oq>enSc) to Jimit IUIloff to less than the pre-dCVe\opment to1e. How",,"", it is also lIlY undel;staIlding thai: ""en if AHS were to funit its IUIloffto at or belOW' the pre-de1<elopment rai<; there would still be a drainage problem III the T owor! Toronto intersection becllUSO there ore no.,osting stoIIll water facilities to handle the stoIIIl water ronofffrOll1the g acre dnlinage area (2 acres of which are the Stone Gate property) which drain towards this intersection- consequently, 1 thougllt that the goal was to establish a public pond that weald 1 08/29/00 11:~6 FAX 6~2 338 78~~ HALLELAND ALlG 21. '00 02.: llPM l-\UE)1OEl-LER g. BATES ~ 003/003 P.2/2 ( . handle the nmoff from the S ac<e drainaie area. and th>1 the easemeo1 needed from the Postal Service -was an easemeut to the public for the collStlUClion and IDl'intenance of a public storm water pond that would be maintained by the City. Although AHS w8!\ requited by the cuP approVal to djreet its runoff to the pond. 1 thougbt that AHS would do this based upon ... easement from the Postal SerVice to the public for storm clraina.ge pwposes and not on the baSis of a private easelllent sinc. the pond will b. ~g water mostly from other properties in the drainag. atca- 1 would appreciab: your Ghecldng with J.... "Kansiet ...d Bud ()sumJ1llson on their eJCPCCIlItions regarding the easement- 1 did talk briefly with Tom AggCll. of the Postal Savic- about the easemeat. and he also thought that the ~t woulci be in favor of the public becaUSe the pond will be providin& an outlet for the entire S aae drainage ....... Once I hear back from you, I can talk with Tom Aggm1 about the temlS for a pri'llate easement if that is still necessaI)', BDH:dw 2 ..~-,.....~.:. '.' ,i.~" _. .'_ ,.:. ......_~, ,- .-.- ."....1...,.,... - ..,s,','.~.... :.-....,....... ":,, ~ <. -'.,~. . " . ..' - .... -.... ~- """ ' "".._".,.-.. ....,~...._"'.....~,--;-,.. .'"," . _. .~... __...._ ....._"...._'...~._...'._...,.. .,,'.. -'_'_' 0.4_','.. FilE COpy Affordable Housing Solutions LLC Attention: Bob Skarsten 4108 Red Oak Ridge Minnetonka, MN 55345 Charles Radloff Radloff Architects 9979 Eden Valley Road #256 Eden Prairie, MN 55344 RE: Stonegate Apartment Building Conditional Use Permit Dear Mr. Skarsten and Mr. Radloff: On July 17, 2000, the Prior Lake City Council adopted Resolution 00-58 approving the Conditional Use Permit for the Stonegate Apartments. A copy of this resolution, which includes all of the conditions of approval, is attached to this letter. The first step in this process is to record the attached resolution. Once the resolution is recorded, the next step is to submit plans addressing all of the conditions of approval. These are listed below. The plans dated June 27, 2000, address some of these conditions. However, the following items, identified in bold italics, must be still be addressed and satisfied: a) The developer agrees to manage the storm water run-off from the site by either one of the following solutions: i) Diverting the run-off to a ponding and drainage area on to a site located at the corner of Toronto and Tower Streets that is the subject of a Purchase Agreement between Neil Soderman and the United States Postal Service ("Post Office Property" the proposed post office site. ii) Constructing a storm sewer line west along Tower Street to the City's NURP pond located south of Tower Street. b) The developer agrees to pay the cost associated with (i) or (ii) and agrees that regardless of which option the applicant elects, the City's share of the improvement is not to exceed $35,200.00. c) The developer must submit all necessary plans for the stormwater improvements to the City staff for approval. .J:\OOfile.s\OOCUQ.\OO-010\aP~S.dOG f::q,ge 1 16200 t.agle l-reeK ewe. ~.t..,'l:"nor Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (6 ~) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER d) All necessary easement documents related to storage of stormwater drainage on the Post Office property must be approved by the City Attorney. e) The developer must enter into the City's standard development contract for the installation of the necessary improvements prior to issuance of any type of permits. f) A grading permit must be issued and all stormwater improvements on and off-site must be completed prior to issuance of any building permit.. In lieu of completion of this work, the developer may submit an Irrevocable Letter of Credit, drawn on a Minnesota bank, a LOC for 125% of the cost of improvements with the building permit. The Irrevocable Letter of Credit is subject to the approval of the City Attorney. All work on the storm water improvement must be completed prior to issuance of Certificate of Occupancy. g) Sidewalk must be installed along the property line on Tower Street. h) A fence must be installed at the top of the retaining walls where height requirements create a hazard to the use of the adjacent property to the east. (Please provide a detail of the fence.) i) The parking lot must be redesigned to allow an entrance-only driveway from Tower Street and an exit-only driveway onto Toronto Avenue. j) Four additional shrubs must be planted in the bufferyard required along 170th Street. k) An Irrigation Plan must be submitted. I) The following issues in the engineering memo dated March 1, 2000 must be addressed. i) Provide a detailed traffic control plan to be implemented during utility construction on Tower Street prior to utility construction. ii) Show the location of the rock construction entrance on the plan. m) Plans indicating hydrant locations and the 300' foot hydrant radius must be provided. n) An Irrevocable Letter of Credit must be submitted for 125% of the landscaping costs, tree preservation requirements. Estimates or bids must be submitted for the required landscaping. 0) All tree replacement (89.25 caliper inches) must occur on the site with the landscaping emphasis on the bufferyard on the east side (170th Street). The revised landscaping plan must be approved by Planning Department staff. No Final Certificate of Occupancy will be issued until the landscaping requirements are met. p) An Assent Form as shown on Exhibit A, agreeing to the conditions placed on the approval of the Conditional Use Permit as required by the Zoning Ordinance, must be signed by the applicant and all property owners. 1:\OOfiles\OOcup\OO-010\appres.doc Page 2 q) The resolution approving the CUP must be recorded on all affected properties and proof of such recording presented to the Planning Department. Once City staff has reviewed and approved the plans, we will prepare a development contract for your signature. We will then forward the contract and plans to the City Council for approval. From there, you should be able to obtain the required permits. Thank you for your prompt attention to this matter. If you have questions relative to the review process, or related issues, please contact me directly at 447-4230. Sincerely, (),~ ~nSier, AICP Planning Coordinator Enclosure c: DRC Members 1:\OOfiles\OOcup\OO-010\appres.doc Page 3 July 12, 2000 Affordable Housing Solutions LLC Attn: Bob Skarsten 4108 Red Oak Ridge Minnetonka, MN 55345 Charles Radloff Radloff Architects 9979 Eden Valley Road #256 Eden Prairie, MN 55344 RE: City Council Agenda and Agenda Report Dear Mr. Skarsten and Mr. Radloff: Enclosed is a copy of the City Council Agenda and Agenda Report for the July 17,2000, City Council meeting. If you have questions. please contact me at the Planning Department at 952-447-9810. Sincerely, ~Q. t{~ Uane Kansier, AICP Planning Coordinator Enclosure 16200 E;aW'C'i22\r~'IZ-01f\,!g."llii~~'Lake. Minne,ota 55372-1714 / Ph (612) 4474230 / Fax (6 r~~J74 245 AN EQIJ.';L OPPORTUNITY EMPLOYER Page 1 of2 From: Suesan Pace <space@hlnsj.com> To: Don Rye <donrye@cityofpriorlake.com>; Frank Boyles <fboyles@cityofpriorlake.com>; Steven Graffunder <sgraffunder@hennsnoxlaw.com> Date: Tuesday, July 11, 2000 1 :33 PM Subject: Post Office Easement Agreement This e-mail is principally for Steve, with copies intended for Frank, Jane, Sue and Don. Obviously I hit the wrong key and the e-mail is going to all of you as an original. Steve, we exchanged voice mails last week before I left for California concerning the need to have you prepare an easement for the Stoneface/Post Office project. I believe this is one of the projects I diagramed for you when we met. Let me briefly describe the facts, in order for you to prepare an easement that protects the City and does what it needs to do to protect the City. If I misstate any of the facts or leave out any important facts please feel free to contact Steve directly, but please provide me with a copy. Steve--a developer has applied for a Conditional Use Permit to construct an apartment building. In considering the project, the Council expressed concerns about several issues, including a retaining wall, parking and storm water management. The Council is concerned about the storm water drainage issue. The apartment project is located across the street from a parcel of land that is under option to the Post Office (closing is almost certain). The Post Office has agreed to provide the developer and City with an easement to allow the storage of storm water on their property. When the Post Office constructs its facility it will oversize a holding pond and the size of an outlet pipe. The City will also be draining some water into the pond and that is why the City needs to also be a party to the easement. I'm not sure if the easement should run to the benefit of the public, I seek your advise on that matter. Additionally, both the City and developer will be compensating the Post Office for use of their pond and overriding their pipe. Does the easement need to contain any language about reimbursement or compensation. As I told you last week, we need a draft easement to provide to the Post Office. The draft will be a working draft or a starting point. Once we provide it to the real estate person at the Post Office, Mr. Aggies, I anticipate you will eventually need to have direct discussions with Mr. Aggies. ******************************************************************************** This message and any attachments may contain information that is privileged, confidential and exempt from disclosure under applicable law. If you are not the intended recipient or authorized to receive for the recipient, you are notified that dissemination, distribution or copying of this message and any attachments is strictly prohibited. If you have received this message in error, please immediately advise the sender by reply e-mail and delete the message and any attachments. Thank you. ******************************************************************************** 07/11/2000 - -- - - -- - -- - ----------------..--..- -- ---- HUEMOELLER & BATES ATTORNEYS AT LAW 16670 FRANKLIN TRAIL P.O. BOX 67 PRIOR LAKE, MINNESOTA 55372 JAMES D. BATES BRYCE D. HUEMOELLER Telephone (952) 447-2131 Fax (952) 447-5628 June 27, 2001 Jane Kansier Planning Coordinator City of Prior Lake 16200 Eagle Creek Ave. S.E. Prior Lake, MN 55372-1714 Re: Stonegate Apartment CUP Dear Ms. Kansier: I enclose for filing the signed Assent of Applicant. Resolution 00-58 was submitted to the Scott County Recorder for filing on June 26, 2001. A document number for the resolution is not yet available. I will call you with the recording information as soon as it is available and will furnish you with a copy of the resolution containing the recording information. Sincerely yours, ~~~~ Bryce D. Huemoeller BDH:cak Enclosure cc: Affordable Housing Solutions, Inc. JUN 2 1 2001 LONE WOLF DESIGN & CONSTRUCTION 16835 Excelsior Blvd. Minnetonka, MN 55345 June 25, 2001 Affordable Housing Solutions C/O Stonewood Development Corp. 4420 Shoreline Drive Spring Park, MN 55854 RE: Stonegate Apartments We propose to furnish all materials and labor to complete the landscape work on the Stonegate Apartments, in accordance with the plans and specifications as prepared by Ingraham and Associates, dated 2-24-00 and revised 4-17-00 and numbered L 1. Our proposal is good through the planting year 2001. Grading is to be by general contractor. Water must be available to the site. Our price for this work is twenty three thousand four hundred twelve dollars ($23,412.00). Payment is to be made on a monthly basis as work proceeds. Thank you for the opportunity to work with you on this project. Lone Wolf Design & Construction Tom Jacobs MN Lic. No. 20029775 \J~ DATE: To: 5~ ,--Lu-1>.. tJ.- @ # @# @# NUMBER OF PAGES: (including cover) FROM: FAX No.: 447-4245 Notes From The Sender: ~~~ - ~~'\~ ~ ~A-~ ~ftV' 1) ~ ~cn-L ~ L ~~<... V 't. ~ \o..~ t:. ~. ~~ h ""l'~~ vi,. ~ \,--. ~ ~ l.....~ ~ , ~~ 1.. C F +L... ~~" ~. -(\. ~L-~ F ~J,... Notice of Confidentiality The information transmitted with this facsimile is confidential and is intended only for the individual or entity designated above. If you have received this facsimile erroneously, please notify sender immediately and destroy the transmission. PLEASE CALL ALL PAGES. IF You Do NOT RECEIVE AT X\ EQUAL OPPORTL~[TY EMPLOYER 16200 Eagle Creek Ave. S.E.. Prior Lake. Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 .- ffl .~P,~I d.4r. CO)"f - ~.Ilr),J.s vUJj ~(o.A.,./'f'~ 1)' U ,-f f11.(..#~~~. - who ~'YVJ '-fY'o~ - tt04-<.A.-~.-U- {J1J)'~';'=- ~~.' f~k.. ~ ~'}jL - LDL --CITY OF PRIOR LAKE 16200 EAGLE CREEK AVENUE SE, PRIOR LAKE, MN 55372 To: Suesan Lea Pace Halleland Lewis Nilan Sipkins & lohnson Pillsbury Center South 220 South Sixth Street Suite #600 Minneapolis MN 55402-4501 Phone: 612-338-1838 Fax phone: 612-338-7858 CC: Frank Boyles Don Rye Date: June 5, 2000 Number of pages including cover sheet: 2 From: Phone: Fax phone: City of Prior Lake 16200 Eagle Creek Avenue SE Prior Lake MN 55372 952) 447-9812 952) 447-4245 REMARKS: o Urgent [gI For your review 0 Reply ASAP o Please comment Suesan: Attached is a proposed motion for the City Council to handle the Stonegate item on tonight's agenda (Item 88). Please let me or Frank know your comments or thoughts. Thanks, Jane Page 1 of2 From: Suesan Pace <space@hlnsj.com> To: fboyles@cityofpriorlake.com <fboyles@cityofpriorlake.com> Date: Monday, 05 June, 20002:19 PM Subject: Stonegate I'm still a little confused about what the Mayor would like to see occur tonight regarding the Stonegate project. But, to respond to the Mayor's concerns, I think what he must want is language, that the Council could direct staff to include in any resolution dealing with approving a CUP for the Stonegate project. Assuming I am understanding the situation correctly, the CUP will not be approved tonight. Here's what the Mayor could say in making a motion to direct staff to bring back a resolution dealing with the CUP. 1. We have heard concerns expressed regarding the potential increase in storm water run- off and drainage problems that might reasonably be expected to occur with the development of the Stonegate project. 2. Council member Ericson has shared with us his own observations concerning existing storm water run-off at the intersection of Tower and Toronto. 3. The construction of the Stonegate project will create imperious surface on the property. I think it is reasonable to anticipate and Hxpect that the potential for additional stormwater run off could exasperate the existing problem and result in a hazard for motorists and pedestrians at the Tower and Toronto intersection. 4. The City Council previously indicated its desire to see a permanent solution to the stormwater run-off and drainage problem identified as a condition of approving the development of this parcel of land. 5. At the direction of the City Council, the City Engineer has evaluated potential permanent solutions to the stormwater run-off and problem and provided the Council with two option, each of which has a fiscal implication for the City. Those alternatives are reflected in your staff report. 6. I am concerned that the permanent solution to the stormwater run-off and drainage problem from the site, be one that is legally binding and enforceable. I do not want to do something now that has the potential for creating additional and perhaps more serious problems and liability for the City sometime down the road. 7. I am prepared to support the approval of the Stonegate CUP provided that any resolution dealing with the Stonegate project contain: a. A requirement that the developer agrees to enter into a development agreement with the City that describes in detail how the stormwater run-off and drainage problem will be 06/0512000 Page2of2 addressed; b. A requirement that the developer must post, in connection with the development agreement, an irrevocable letter of credit, in a form acceptable to the City, which assures the construction of the stormwater management and drainage mitigation systems; c. A requirement that if the stormwater management and drainage mitigation plan affects or involves the post office site, the developer shall provide the City with the appropriate easements, signed by all parties who have an interest in the Stonegate property and the property that is presently subject to a purchase agreement for the future construction of a post office facility; including but not limited to any individual, corporation or other legal entity having an interest in the property, and/or any individual or entity that has a mortgage or trust interest in the property. d. If a drainage easement is involved, the stormwater run-off and drainage mitigation plans shall be acceptable to the City Engineer or a consultant retained by the City to review and opine on the plans. e. The developer shall agree to be responsible for the entire cost of the stormwater off and drainage mitigation project, except that the City shall make a contribution $8,800 dollars towards the project; regardless of whether Option A or OPTION 8 as describe on page 2 of the Staff Report for this, Agenda Item 88 is determined to be the most prudent; and f. The developer agree to reimburse the City for all professional fees incurred by the City as a result of the developers application. ******************************************************************************** This message and any attachments may contain information that is privileged, confidential and exempt from disclosure under applicable law. If you are not the intended recipient or authorized to receive for the recipient, you are notified that dissemination, distribution or copying of this message and any attachments is strictly prohibited. If you have received this message in error, please immediately advise the sender by reply e-mail and delete the message and any attachments. Thank you. ******************************************************************************** 06/05/2000 --CITY OF PRIOR LAKE 16200 EAGLE CREEK AVENUE SE, PRIOR LAKE, MN 55372 To: Suesan Lea Pace Halleland Lewis Nilan Sipkins & Johnson Pillsbury Center South 220 South Sixth Street Suite #600 Minneapolis, MN 55402-4501 Phone: 612-338-1838 Fax phone: 612-338-7858 CC: Date: June 5. 2000 Number of pages Including cover sheet: 6 From: lane Kansler Planning Coordinator City of Prior Lake 16200 Ealde Creek Avenue SE Prior Lake. MN 55372 Phone: (952) 447-9812 Fax phone: (952) 447-4245 o Please comment REMARKS: o Urgent !8l For your review 0 Reply ASAP Suesan: Attached is a copy of an abbreviated development contract. This is the format we used fro Prior Lake Baptist Church, to allow the extension of sewer and water. It is somewhat similar to the Stonegate situation. I am also e-mailing a copy to you so you can revise it as needed. Please let me know your comments or thoughts. Thanks, Jane CONTRACT OF OVERSIZING OF IMPROVEMENTS This Contract is made this 20th day of April, 1998, by and between the City of Prior Lake (hereinafter "City"), a Minnesota Municipal Corporation, and Prior Lake Baptist Church, (hereinafter "Owner"). WITNESSETH: WHEREAS, to facilitate the orderly development of land the City has adopted a Comprehensive Plan and provided for the location of water distribution systems; WHEREAS, the City water distribution system is intended to benefit all residents of the City and not solely Owners property; and WHEREAS, the development of individual properties should provide for the construction ofwatermains that are built to sufficient size to serve the individual property and contribute to meeting the needs of future growth and demand; and WHEREAS, Owner desires to improve Owner's property and in so doing to provide for municipal water; and WHEREAS, Owner, with the consent of the City, intends to construct a watermain in the public right-of-way; and WHEREAS, upon completion, inspection and acceptance by the City, the watermain constructed by Owner will become part of the municipal water distribution systems; and WHEREAS, the City desires Owner to oversize the construction of the watermain on Owner's property so that the pipe is large enough to serve future growth and demand; and WHEREAS, City desires to compensate Owner for the additional cost Owner will incur to oversize the watermain. NOW THEREFORE, based on the mutual promises and covenants set forth herein, the sufficiency of which is not disputed, the City and Owner agree as follows: 1. Purpose. The purpose of this Contract is to set out the understanding between the City and Owner with respect to the construction of a watermain (hereinafter "Improvement") on Owner's property and the public right-of-way. This Contract describes the Owner's responsibilities with respect to the method of construction, the City's requirements pertaining to size and location of the Improvement, inspection of the L:\97FILES\97SITEPL\PLBAPTIS\CONTRACT.DOC 1 Improvement by the City, As-builts drawings, hold harmless and indemnification and City reimbursement to Owner for the cost to oversize the Improvement. 2. Recitals. forth. The Recitals set forth above are incorporated herein as if fully set 3. Contract Documents. This Contract consists of the following documents, each of which is specifically incorporated herein by reference as if fully set forth or attached (collectively referred to as "Contract Documents"). (a) Site Survey dated March 24, 1998, prepared by Delmar R. Schwanz, RLS. (b) Plans and Specifications dated March 5, 1998, prepared by Progress Land Company. (c) Building Permit #98-149 dated 3/6/98. (d) City Public Works Design Manual. 4. Location. The Improvement will be constructed in the right-of-way on owners property legally described on Exhibit A (attached). 5. Oversizine. The Owner and City agree that the Improvement should be oversized for the benefit of future development, just as Owner was benefited from the oversizing of Improvements by previous development. Oversizing is the construction of an Improvement to City specifications that exceeds those that would otherwise be required of the Owner. The City and Owner agree that the cost to oversize the watermain is $8,210.97 based on a cost estimate as determined by (1) quotes provided by the Owner to the City and (2) and City Engineer using the City's Assessment policy based on a final engineering drawing. The calculation of the cost to oversize the Improvement is attached as Exhibit B. The City shall reimburse the owner for the cost of oversizing within thirty (30) days of acceptance of the Improvement by the City Engineer. If the City Engineer determines additional work as a result of oversizing is required and provides written authorization to the Owner to proceed with said additional work, the City shall reimburse the Owner for the costs associated with the additional work. The cost of the additional work shall be agreed on between the City and Owner and set forth in the authorization to proceed with the additional work. 6. Construction of Improvement. The Improvement shall be installed in accordance with the City Public Works Design Manual and any other applicable City ordinances. The Owner shall construct the Improvement in accordance with the Contract Documents submitted to and approved by the City. 7. As-buUts. Upon completion of the Improvement and inspection thereof and prior to acceptance by the City or issuance of a Final Certificate of Occupancy for the Property, the Owner shall provide to the City a complete set of As-built elevations in a form prescribed by and acceptable to the City Engineer. L:\97FILES\97SITEPL\PLBAPTIS\CONTRACT.DOC 2 8. License. The Owner hereby grants the City, its agents, employees, officers and contractors a non-revocable license to enter onto Owners Property to perform all work and inspections deemed appropriate by the City in connection with the construction and maintenance of the Improvement. 9. Ownership of Improvement. Upon completion of the Improvement and fmal written acceptance by the City Engineer, the Improvement lying within public easements shall become City property without further notice or action. 10. Warranty. The Owner warrants the Improvement against poor material and faulty workmanship. The warranty period for the Improvement is two (2) years. Upon completion of the Improvement and prior to the City's issuance ofa final Certificate of Occupancy for the Property, the Owner shall provide the city with a warranty or maintenance bond, in a form acceptable to the City Engineer, in the amount of $28,906.00, which number represents one hundred twenty-five percent (125%) ofthe cost ofthe Improvement. The warranty or maintenance bond shall remain in effect during the warranty period. 11. Prompt Payment to Subcontractors Required. The provisions of Minnesota Statute Section 471.425, Subd. 4a, attached as Exhibit C are incorporated by reference as if fully set forth herein. 12. Indemnification. Owner shall indemnify, defend, and hold the City, its Council, agents, employees, attorneys and representatives harmless against and in respect of any and all claims, demands, actions, suites, proceedings, liens, losses, costs, expenses, obligations, liabilities, damages, recoveries, and deficiencies, including interest, penalties, and attorney's fees, that the City incurs or suffers, which arise out of, result from or relate to the Improvement and this Contract. 13. Street Maintenance. Owner shall be responsible for all street maintenance until final written acceptance by the City of the Improvement. Warning signs and detour signs, if determined to be necessary by the City Engineer, shall be placed when hazards develop in streets to prevent the public from traveling on same and directing attention to detours. If and when streets become impassable, such streets shall be barricaded and closed. For the purpose of this paragraph, "street maintenance" does not include snow plowing or normal sweeping. 14. Third Party Recourse. Third parties shall have no recourse against the City under this Contract. 15. Validity. If any portion, section, subsection, sentence, clause, paragraph, or phase of this Contract is for any reason held invalid, such decision shall not affect the validity ofthe remaining portion of this Contract. 16. Waiver. The action or inaction of the City shall not constitute a waiver or amendment to the provisions of this Contract. To be binding, amendments or waivers L:\97FILES\97SITEPL\PLBAPTlS\CONTRACT.DOC 3 shall be in writing, signed by the parties and approved by resolution of the City Council. The City's failure to promptly take legal action to enforce this Contract shall not be a waiver or release. 17. Recordine. This Contract shall run with the land. The Owner, at his/her sole expense, shall record this Contract against the title to the property within ten (10) days of the City Council's approval ofthe Contract. The Owner shall provide the City with a recorded copy ofthe Contract. 18. Insurance. Owner, at its sole cost and expense, shall take out and maintain or cause to be taken out and maintained, until the expiration ofthe warranty period on the Improvement, public liability and property damage insurance covering personal injury, including death, and claims for property damage which may arise out of Owner's work or the work of its subcontractors or by one directly or indirectly employed by any of them. Limits for bodily injury and death shall not e less than $1,000,000 for one person and $2,000,000 for each occurrence; or a combination single limit policy of $1,000,000 or more. The City shall be named as an additional insured on the policy, and the Owner shall file with the City a certificate evidencing coverage prior to the City issuing a Final Certificate of Occupancy. The certificate shall provide that the City must be given (30) days advance written notice ofthe cancellation ofthe insurance. 19. Assit:nment. The Owner may not assign this Contract without the prior written approval of the City Council. 20. Interpretation. This Contract shall be interpreted in accordance with the governed by the laws of the State of Minnesota. The words herein and hereof and words of similar import, without reference to any particular section or subdivision, refer to this Contract as a whole rather than to any particular section or subdivision hereof. Titles in this Contract are inserted for convenience or reference only and shall be disregarded in constructing or interpreting any of its provisions. 21. Jurisdiction. This Contract shall be governed by the laws of the State of Minnesota. CITY OF PRIOR LAKE By: Wesley M. Mader, Mayor By: Frank Boyles, City Manager L:\97FILES\97SITEPL\PLBAPTIS\CONTRACT.DOC 4 . Reviewed for Form and Execution: OWNER(S): By: Suesan Lea Pace City Attorney By: Its: By: Its: STATE OF MINNESOTA) )ss COUNTY OF SCOTT ) The foregoing instrument was acknowledged before me this _ day of , 1998, by Wesley M. Mader and Frank Boyles, the Mayor and City Manager of City of Prior Lake, a Minnesota municipal corporation, on its behalf. Notary Public STATE OF MINNESOTA) )ss COUNTY OF SCOTT ) The foregoing instrument was acknowledged before me this _ day of by and ,llie of , a , 1998, and corporation, on its behalf. Notary Public TIllS INSTRUMENT DRAFTED BY: CAMPBELL KNUTSON PROFESSIONAL ASSOCIA nON 317 Eagandale Office Center 1380 Corporate Center Curve Eagan, MN 55121 SLP L:\97F1LES\97SITEPL \PLBAPTIS\CONTRACT.DOC 5 1-01-1995 0:09AM FROM P.3 J1Dle 4, 2000 MEMORANDUM TO: Frank. Boyles FROM: Wes Mader SUBJECT: Monday night Agenda (June 5, 2000) ~ Item 8A: The $taff rt."port for this item indicates that $325,000 of the $520,435 of last 'jar's surplus was previously designated by Cuuncil Resolution. for use IS follows: $75,000 for debt retirtment; $100,000 for revohting Equipment Fund; and $150,000 for the Collector Sireet Fund. Can you please give [pC the meeting date(s) when these feSOlutions passed so that I can pull a copy(s) tram my files. Item 88: It is my understanding that the Oevclop~ is willing to commit to dealing with the water issue using optioo. A, or if that alternative is not available for any reascn, to utilize option B with no additional cQst to the City. In other words, the City's cost for options A or B would be limited to the amount that would be incurred if option A was uti1i:r.ed. It is also my understanding that the developer would commit to this work being completed prior to completicm of the apartment project.. Hopc1Ully we can have some language available for a resolution that would give the Council this llSSW'8nQC. Item 98: It's not dear to me why we art:; attempting to make a decision on the 200 I MVf A Levy without a decision of whether we intend to be part of the MVfA next year. Ifwe make a Jcwy decision now, we will have committed to funding MVT A through the year 200 1 which is more thart two.years after the Council unanimously;q:reed that we want out.. 1 expect to be home about lOAM if you wish to give rot!: a ~L Thanks. u.1. Wes Charles Radloff --. 1r6129415240 ItiJ 6/2100 C910:14AM D1I2 ~CR cd ~ FACSIMILE TRANSMITTAL DATE: Friday, June 2, 2000 Jenni Tovar, City of Proir lake . ~ TO: ('I.) Q) .- ~ cd J: u ARCHITECT 9979 VALLEY VIEW ROAD SUITE 1256 EDEN PRAIRIE, MN 55344 FAX NUMBER: 612 4474245 PAGES (INCLUDING THIS COVER): 2 FROM: Charles Radloff VOICE FAX E-Mail 612 941 1667 612 941 5240 cradloff@wlnternet.com MEMO: Jenni, Revised letter per conversation with Bob skarsten per requests for direway change at this rrornings meeting with City of Proir lake, Mn. Change Item #3 wording to an in ONLY driveway at Tower St, from in out driveway. Charlie Radloff . ~ ~/ ~a1-- Charles Radloff - ". 11' 612 9415240 Q'i) 6/2100 010:15AM D2I2 "Charles J. Radloff · Architect June 1, 2000 Jenni Tovar Planner City of Prior Lake 16200 Eagle Creek Ave S.E. Prior Lake, MN 55372-1714 RE: Stonegate Apartments (Project #34-00) Dear Jenni, The following items will be resolved in accordance with the requests of the city council. Item #1. A sidewalk will be provided at the property line on Tower street. Item #2 A fence will be installed at the top of the retaining walls where height requirements would cause a hazard to the use of the property to the east. Item # 3 We will redesign the site plan parking lot and entrance location to the underground garage to provide a in only driveway on Tower Street and a exit only driveway on Toronto, this will reverse the one-way traffic flow in front of the building and eliminate the driveway to the building at the south west end of the bUilding. Hoping for a quick resolution to the storm water runoff, so that this fine project may proceed. Sincerely, Charles J. Radloff Reg. Architect Cc: Bryce Huemoeller Bob Skarsten 9979 VALLEY VIEW ROAD-SUITE 256 -EDEN PRAIRIE, MINNESOTA 55344 _ 612-94]-]667 ",' J" .....,.,.:........;,._~....~.;..,..... ~.. ~"" ;,., -' ~.'...'...'", .~".'. - -...., -".'-.' - ". ~ de)iv~ UJf1 c/D $rLft2 ;.)1/ODCt.-- June 1, 2000 Affordable Housing Solutions LLC Attn: Jeff Gustafson 4108 Red Oak Ridge Minnetonka, MN 55345 Charles Radloff Radloff Architects 9979 Eden Valley Road #256 Eden Prairie, MN 55344 RE: Affordable Housing Solutions - Stonegate Dear Mr. Gustafson and Mr. Radloff: Enclosed is a copy of the City Council Agenda and Report for the Monday, June 5, 2000, City Council meeting. If you have any questions please let me know. Sincerely, /r (\ n {PltltLiJ UA2~ Connie Carlson ! v . - Planning Secretary enc. L:\OOFILES\OOCUP\OO-OlO\CCMETLT.DOC 16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER DATE: 51 riO/cD To: ~~ faca- @ # @# @# NUMBER OF PAGES: 5 (including cover) FROM: ~ \OvvtR- FAX No.: 447 -4245 Notes From The Sender: __ &1 c: t..'s Jr(Xft f~+O CJ~ Jr~rt:t."if- 0(\ fast- otf,'ce... SJK ~, Sfrn~ ~. Notice of Confidentiality The information transmitted with this facsimile is confidential and is intended only for the individual or entity designated above. If you have received this facsimile erroneously, please notify sender immediately and destroy the transmission. PLEASECALL~ AT J.ftf7-1r/3 ALL PAGES. IF You Do NOT RECEIVE 16200 Eagle Creek Ave. S.E.. Prior Lake. Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 A0: [CWAL OPPORTU\ITY EMPLOYER p.1/4 MAY 24 '00 03:50PM HUEMOELLER & BATES . FAX TRANSMISSION HUEMOltLLER &: BATES 16670 Franklin Trail prior lake, MN 55372 (612) 447-2131 Fax: (612) 447-5628 To: Jenni Tovar - City of Prior Lake Date: May 24, 2000 Fax #: 4474245 Pages: 1 of 1- From: Bxyce Huemoeller Subjed: Affordable Housing Solutions, Inc. CONFIDENIW.J:TY N071CE: the docUnlDl1(s) accomptm}ling this fax contaill c~1JIia1 itifo1'WlQ1;0fl which is legally privileged. Tht iIifol1flAliolt. is inlended only for the use of the illlelldild. recipielll. IfyoII are IIOt the illlended recipie1l1, you are hereby notified that any disclo.fure, copyi"'8, di.slribldion or the taking of ony actioll ill rtliJl/lCe oil the tonltrrlS t1j the telecopied irifornlllliofl except il$ direct delivery to the inreniUd nt:ipiel'lllla.med above is strictly prohibited. lfyOu. haVe received this F in f!J'rt)r, ptel1St notifY us t1/'llMdialely by telephone to arrange for retum of tile oTigtfl/ll dDcutn81lJS to us. COMMENTS: I am faxing a draft Temporary Easement for review by the City. I bave sent the easement to the Postal Service for its comments' and for the assistance of its engineer in preparing a legal description. I have asked the Postal Semcc to advise the City and AHS in writing as to whether it is agreeable to proposed Plan A and to the grant of the necessary temporary and permanent easements. I will contact you when and if! hear from Tom Aggen of the Postal Service. cc: Jeffrey Gustafson -.--..-- -------- -------------- ------ P.2/4 MAY 24 '00 03:51PM HUEMOELLER & BATES TEMPORARY DRAINAGE EASEMENT FOR VALUABLE CONSIDERATION, t a limited partnership under Minnesota law, hereby conveys and grants to the CITY OF PRIOR LAKE, a municipal corporation, a temporary, non-exclusive easement for stonn drainage purposes over that part of Lot 1, Block 2, BNIVlD 1ST ADD'N., Scott County, Minnesota, described as follows (the Easement Area): [Insert description of Easement Area] This Easement shall automatically terminate upon the acceptance by the City of Prior Lake and the recording of a perpetual, non-exclusive. easement for storm drainage purposes over the Easement Area. This Easement shall bind and inure to the benefit of the parties hereto and their respective successors and assigns. EXECUTED IN WITNESS HEREOF on this _ day of , 2000. By General Partner J BY Its I 'MAY 24 '00 03:51PM HUEMOELLER & BATES P.3/4 . ~ STATE OF MINNESOTA) )ss. COUNTY OF SCOTT ) This instrwnent was acknowledged before me this _ day of ~ 2000. , the of ' the , a limited partnership under Minnesota by General partner of law, on its behalf. Notary Public CONSENT TO TEMPORARY EASEMENT The United States Postal Service, purchaser of Lot 1, Block 2, ENIVID 1ST ADD'N., Scott County, Minnesota, pursuant to a Agreement, dated , 1999, hereby consents to the foregoing grant to the City of Prior Lake of a temporary easement for storm drainage purposes. EXECUTED IN WITNESS HEREOF on this _ day of , 2000. UNITED STATES POSTAL SERVICE BY Its COUNTY OF ) )ss. ) STATE OF by SERVICE, a This instrument was acknowledged before me this _ day of , 2000, , the of the UNITED STATES POSTAL corporation, on its behalf. Notary Public 2 MAY 24 '00 03:51PM HUEMOELLER & BATES . .6fl " This instrument was drafted by: HUEMOELLER & BATES 16670 Franklin Trail Prior Lake, MN 55372 P.4/4 3 , ~ . ,,'" ....-..r);..~_..:r.-.;... :"'__'~ .,_', "'.c- ,.........___..,"'.''''............-.. May 11, 2000 JEFFREY GUSTAFSON AFFORDABLE HOUSING SOLUTIONS, LLC 4108 RED OAK RIDGE MINNETONKA, MN 55345 RE: Agenda and Agenda Report Attached is a City Council Agenda and Staff Report for the MAY 15, 2000 City Council meeting. The meeting begins at 7:30 p.m. and is held at the Fire Station located at 16776 Fish Point Road (east of HWY 13 on the south side of CR 21). If you cannot attend the meeting or have any questions, please contact me at 447-4230. Sincerely, ~~lOVU/~ Planner Enclosure ...J:\daptwork\bla[lkfrm\m~t1r.c.c.doc 16200 cagle creek Ave. ::;.t.., Ynor Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER -.....';., ;.. '"'.-~'..' ..". May 11, 2000 Charles Radloff - Architect 9979 Valley View Road - Suite 256 Eden Prairie, MN 55344 RE: Agenda and Agenda Report Attached is a City Council Agenda and Staff Report for the MAY 15, 2000 City Council meeting. The meeting begins at 7:30 p.m. and is held at the Fire Station located at 16776 Fish Point Road (east of HWY 13 on the south side of CR 21). If you cannot attend the meeting or have any questions, please contact me at 447-4230. Sincerely, ~~(~ Planner Enclosure -':\d~ptwork\bla[lkfrm\J:nlietlr.c.c.doc 16200 tagle Creek Ave. :S.c., !-'rior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER FILE COpy r~illllllllli:l:li:I!I!iilllil:jill!;!\lii.i...II..111II1111.lill:lilillllli1Il1ill:llill"1 TO: Frank Boyles, City Manager FROM: Jennifer Tovar, Planner :J~ DATE: May 8,2000 RE: Stonegate Crime Statistics CC: Don Rye, Planning Director As a point of clarification regarding the crime statistics in the staff report related to the Stonegate CUP, as discussed on April 17 , 2000, the information in the report relates to specific addresses of multi-family apartment dwellings. After discussing Councilmember Ericson's crime numbers with Lieutenant Schmidt, it was discovered he had been given all non-traffic calls to all addresses on Tower Street and Toronto Avenue. This includes the Priordale Mall, the Ponds Park, the HUD residential units on Tower Street and all other addresses, including single family dwellings on Toronto Avenue. This explains the difference in the figures he stated and those stated in the staff report. l:\OOfiles\OOcup\OO-O lO\crimes.doc Charles Radloff 116129415240 1JiJ5/1100 C93:38 PM Cll/2 . ~ CI) Q) .....-4 ~ cd ..c: u ARCHITECT 9979 VALLEY VIEW ROAD SUITE #256 EDEN PRAIRIE, MN 55344 FACSIMILE TRANSMITTAL ~CR t'd ex: TO: Monday, May 1,2000 Jenni Tovar, City of Proir Lake DATE: FAX NUMBER: 612 4474245 PAGES (INCLUDING THIS COVER): 2 FROM: Charles Radloff VOICE FAX E-Mail 612 9411667 612 9415240 cradloff@wlnternet.com MEMO: Jenni, Attached leter per your request, Charlie Radloff CC: Bob Skarsten, Jeffery Gustafson Charles Radloff .6129415240 1Jil5/1/00 <93:38 PM D2I2 .Charles J. Radloff · Architect May 1. 2000 Jenni Tovar Planner City of Prior Lake 16200 Eagle Creek Ave S.E. Prior Lake. MN 55372-1714 RE: Stonegate Apartments (Project #34-00) Dear Jenni, The following items will be resolved in accordance with the requests of the city council. Item #1. A sidewalk will be provided at the property line on Tower street. Item #2 A fence will be installed at the top of the retaining walls where height requirements would cause a hazard to the use of the property to the east. Item # 3 We will redesign the site plan parking lot and entrance location to the underground garage to provide a in out driveway on Tower Street and a exit only driveway on Toronto, this will reverse the one-way traffic flow in front of the building and eliminate the driveway to the building at the south west end of the building. Hoping for a quick resolution to the storm water runoff, so that this fine project may proceed. Sincerely, Charles J. Radloff Reg. Architect 9979 V ALLEY VIEW ROAD. SUITE 2S6 . EDEN PRAIRIE, MINNESOTA SS344. 612-941-1667 May 1, 2000 Affordable Housing Solutions LLC Attn: Bob Skarsten 4108 Red Oak Ridge Minnetonka, MN 55345 via FAX (952) 933-2839 Charles Radloff Radloff Architects 9979 Eden Valley Road #256 Eden Prairie, MN 55344 via FAX (952) 941-5240 RE: Alternatives for City Council Consideration Dear Mr. Skarsten and Mr. Radloff: On April 17, 2000, the City Council continued your CUP request to address four issues. They are providing a sidewalk along Tower Street, traffic (minimize left turns), storm water run-off alternatives, and the possible need for a fence at the top of the retaining walls. On April 21, 2000, a letter was sent to you regarding how to proceed. Staff understands your desire as to not want to alter the plans until the issue of storm water run-off is resolved. Therefore, a letter from you stating your means and intent to resolve the remaining issues will be acceptable at this time. At this point there are several options for resolving the storm water concerns. As you are probably aware, City staff is meeting with Bryce Huemoeller and Jeff Gustafson on Tuesday, May 2, 2000, to discuss these alternatives. It is our intent to bring these alternatives and a recommendation to the City Council on May 15, 2000. Please submit a letter detailing how the remaining items are to be addressed, no later than Thursday, May 4,2000. The report to the City Council for the May 15,2000 meeting will need to be prepared on Friday, May 5, 2000. If you have questions please contact me at 447-4230. Cc: Frank Boyles, City Manager Don Rye, Planning Director \\fS1\s~\dePt\RlannilJ9\OOfiles\OOcuP\OO-010\a1t2ltr.dOC Page 1 16200 Eagle Creek Ave. ::,.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER - - - -- -- - -- - - - - - - ". J fILE COpy April 21 , 2000 Affordable Housing Solutions LLC Attn: Sob Skarsten 4108 Red Oak Ridge Minnetonka, MN 55345 Charles Radloff Radloff Architects 9979 Eden Valley Road #256 Eden Prairie, MN 55344 RE: Alternatives for City Council Consideration Dear Mr. Skarsten and Mr. Radloff: On April 17, 2000, the City Council continued your CUP request to address four issues. They are providing a sidewalk along Tower Street, traffic (minimize left turns), storm water run-off alternatives, and the possible need for a fence at the top of the retaining walls. We plan to bring the CUP before the Council after the issues have been addressed. The plans should be revised to indicate the recommend sidewalk and the entrances modified to reduce left turns. In addition, previous noted plan changes, including landscaping, irrigation plan submittal, engineering plan changes, hydrant location, and tree replacement on site should be shown. This will reduce the conditions of the CUP. We would be happy to meet with you regarding these issues prior to final plans being prepared. With respect to storm water run-off, Mr. Gustafson should contact Mr. Soderman, regarding placing ponding on the proposed post office site. If Mr. Soderman is unwilling to consider this, we should get something in writing to forward to the Council. We would like to schedule a meeting with you and Mr. Gustafson to discuss the storm water run-off options. This meeting should take place after Mr. Soderman has been contacted, so any issues he may have can be addressed. As previously stated, the Post Office is willing to consider this option. Regarding timing of the CUP, the earliest agenda this could be placed on would be May 15, 2000 if everything were submitted by May 1, 2000. The following meeting date is June 5, 2000. To schedule our meeting, please call me after Mr. Soderman has been contacted, and I will make the necessary arrangements. If you have questions please contact me directly at 447-4230. Sincerely, - J~ ~ Planner f:\dept~lanning\OOfiles\nOcyp\OO-01 O\altemativeltr.doc Page 1 16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER FILE COpy I , Memorandum To: cc: From: Date: Re: Bill O'Rourke, Police Chief Steve Schmidt, police Lieutenant Frank Boyles, City Manager Don Rye, Planning Direct~ Jenni Tovar, Planner ~ 'tl" 04/18/00 Crime Information At the April 17 , 2000 City Council meeting, Councilmember Ericson stated he had received information from Bill O'Rourke regarding police calls, non-traffic related, in the vicinity of Tower Street and Toronto Avenue. Mr. Ericson stated there were over 200 calls in the area from 1/1/99 to 12/31/00. On February 29, 2000 I received information from Lieutenant Schmidt regarding police calls to the specific addresses of Brooksville Hills Apartments, and Tower East and West apartments. The total calls were approximately 92. This information, in general, was provided to the City Council in a staff report dated 411712000 regarding the proposed 43-unit apartment building at the intersection of Tower Street and Toronto Avenue. The item was continued at the meeting. As a matter of clarification to the City Council, I would like to be provided a copy of the information given to Council member Ericson. I am assuming the information given to him was based on a range of addresses or streets as opposed to the specific information I had asked for. He was somewhat confused by the varying information he was receiving by staff. Please provide this information by Monday, April 24, 2000 for inclusion into the next staff report for council. Let me know if you have any questions. .doc -----.-.----.-- ....,...-. . '-........ ~ / fltEroo'.' ~'-.' ..",...-. ...-,- ".'. . ... "'" April 12, 2000 Affordable' Housing Solutions LLC Attn: Bob Skarsten 4108 Red Oak Ridge Minnetonka, MN 55345 Charles Radloff Radloff Architects 9979 Eden Valley Road #256 Eden Prairie, MN 55344 RE: City Council Agenda and Agenda Report Dear Mr. Skarsten and Mr. Radloff: Enclosed is a copy of the City Council Agenda and Agenda Report for the April 17,2000, City Council meeting. If you have questions, please contact me at the Planning Department at 952-447-9810. Sincerely, ~Q(~ Uane Kansier, AICP Planning Coordinator Enclosure 16200 E1~Rr'5'82ltu~Bg:05?ft.~~r~8Y Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (6f~g,f47-4245 AN EQUAL OPPORTUNITY EMPLOYER March 22, 2000 Affordable Housing Solutions Bob Skarsten 4108 Red Oak Ridge Minnetonka MN 55345 RE: Agenda and Agenda Report Attached is a Planning Commission Agenda and Staff Report for the March 27, 2000 Planning Commission meeting. You or your representatives are expected to attend the meeting. You will be given the opportunity to speak regarding your proposal and the staff report. The meeting begins at 6:30 p.m. and is held at the Fire Station located at 16776 Fish Point Road (east of HWY 13 on the south side of CR 21). If you cannot attend the meeting, please call me so your item can be deferred to the next Planning Commission meeting. If you have any questions, please contact me at 447-4230. Sincerely, &rviL ~~ Connie Carlson Planning Dept. Secretary Enclosure ..J:\deptwork\blaIlkfrm\meetltr.dpc Page 1 16200 t.agle creek Ave. ::'.t.., Pnor Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER 1 I I I t I t Memorandum ~~~~f~$ To: CC: From: Date: Re: Frank Boyles, City Manager Jane Kansier, Planning Coordinator Jenni Tovar, Planner 03/20/00 Proposed Stonegate Apartments Here are traffic issues as discussed in the Planning Staff Report for Monday, March 27,2000 meeting. The property has been zoned high density residential since 1975 (R-3). It is now R-4 under May 1, 1999 Zoning Ordinance. The staff report will be available on Wednesday for distribution. Please let me know if you have any questions. Traffic- According to ITE trip generation manual, 278 trips per day will be generated. The estimated a.m. peak hour will be 24 trips and the p.m. peak hour will be 26 trips. This leaves 228 trips, when averaged throughout the day, resulting in 10 trips per hour. Two-lane urban streets are designed to carry 8,000-9,000 cars per day. The total cars per day, 1999 count, on Toronto Avenue was 2,300. There will be an increase in trips per day of 10% totaling 2578 trips per day; however, the road is designed to handle this amount of trips and more. Busse Park Traffic- Attached is a portion of the traffic study conducted for the Busse Park. Traffic will be routed along Toronto Avenue. The estimates are 690 cars per day to the Busse Park. Not all of these trips will occur on Toronto Avenue, and trips will vary during peak park usage in the summer and specifically during events. The study estimates 308 trips per day generated from Busse Park on Toronto Avenue. Combining the Busse Park projections with the Stonegate projections yields an estimated trip count of 2886 trips per day. emo.doc emorandum' To: CC: From: Date: Re: Frank Boyles, City Manager Jane Kansier,. Planning Coordinator Jenni Tovar, Planner ~ ~ 03/17/00 Proposed Stonegate Apartments Here are traffic issues as discussed in the Planning Staff Report for Monday, March 27,2000 meeting. The property has been zoned high density residential since 1975 ~). It is now R4 under May 1, 1999 Zoning Ordinance. The staff report will be Ie on Wednesday for distribution. Please let me know if you have any ccording to ITE trip generation manual, 278 trips per day will be The estimated a.m. peak hour will be 24 trips and the p.m. peak hour will . This leaves 228 trips, when averaged throughout the day, resulting in 10 our. Two-lane urban streets are designed to carry 8,000-9,000 cars per e total cars per day, 1999 count, on Toronto Avenue was 2,300. There will mcrease in trips per day of 10%; however, the road is designed to handle this ount of trips and more. Busse Park Traffic- Attached is a portion of the traffic study conducted for the Busse Park. Traffic will be routed along Toronto Avenue. The estimates are 690 cars per day to the Busse Park. Not all ofthese trips will occur on Toronto Avenue, and trips will vary during peak park usage in the summer and specifically during events. The study estimates 308 trips per day generated from Busse Park on Toronto Avenue. March 8. 2000 Affordable Housing Solutions Attn: Bob Skarsten 4108 Red Oak Ridge Minnetonka, MN 55345 RE: Agenda and Agenda Report Attached is a Planning Commission Agenda and Staff Report for the March 13, 2000 Planning Commission meeting. You or your representatives are expected to attend the meeting. You will be given the opportunity to speak regarding your proposal and the staff report. The meeting begins at 6:30 p.m. and is held at the Fire Station located at 16776 Fish Point Road (east of HWY 13 on the south side of CR 21). If you cannot attend the meeting, please call me so your item can be deferred to the next Planning Commission meeting. If you have any questions, please contact me at 447-4230. Sincerely, ili~ ~~ Planning Dept. Secretary Enclosure 1:\df'lotwork\bla.okfrmUne.etltr.doc Page 1 16200 Eagle CreekfWe. ::'.t.., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER "" From SKRRSTEN PHONE No. : 933 2839 Mar. 07 2000 4:42PM P01 .^FJc'()RllAUI~E. 'H(lIJSING S()UJT'I(lNS.. I~L.l: 40]08 R."~ll OAK HlIlGE . Minnel'Ollka, MN !,S34o' T.,lo. 6] 2-3H~063 .WI( 612 ,SlHI039 March 7, 2QOO City of Prior lake 16200 Eagle Creek Ave. S,E. Prior Lake, MN 65372~ 1714 Attn: Jenni Tovar Dear Jenni: We hereby request a contlnuanco to .Mar.ch .27, 2000 for the planning commission meeting, for our pr:oject (Caso *00-010). We need the additional time to 680uro Cldditionallnformation, make 91an chan98s and to hold.a .Jl1geUng with the n~ighbor&. ~ Robert Skarsten. Affordable Housing Solutione, L.L.C. DATE: 3 - 7 -00 TO:~ (. Vorl I oFf @ # cr '-I j--<:;";;I <jo Jeff Gdsto.-l)wn @# q'-('j -olht3 3~~ @# NUMBER OF PAGES: 1d (including cover) FROM: \Jenh1."' ovf1{L FAX No.: 447-4245 Notes From The Sender: r hr~ -- (~~ W I' II y1J2.ed fA I c- tftr re1JvC8li~ CvnnnufLn0<- fv 3/;-7/(10 O-~ W(-<.i{<r ~/5}1<<:1. ~J..e. ~f L'-t ftcl ed OV~f' :fo clcf,V " Ll.t- ~ ~dW if yt}J ~"~. ~;/CShVM<; Jeh~ PLEASE CALL J,e VJ ~ ALL PAGES. AT lfi{7 'Cj~/3 . IF You Do NOT RECEIVE 16200 Eagle Creek Ave. 5 .E., Prior Lake, Minnesota 55372-1714 I Ph. (612) 447-4230 I Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER ---------------- 't; WAIVER OF 120 DAYS MINNESOTA STATUTES SECTION 15.99, A COpy OF WHICH IS ATTACHED, REQUIRES THE CITY OF PRIOR LAKE ("CITY") TO APPROVE OR DENY A ZONING RELATED APPLICATION WITHIN 60 DAYS OF RECEIVING A COMPLETED APPLICATION. THE CITY MAY EXTEND THE TIMELINE BEFORE THE END OF THE 60-DA Y PERIOD BY PROVIDING YOU WRITTEN NOTICE. THE CITY RECEIVED YOUR APPLICATION FOR A C n,..til't.'~'uJ /J<;t~, n,,.iI1lf AND DETERMINED IT WAS COMPLETE ON ~ J I '11 () 0 . ON ~ J JI-/ JD 0 , THE CITY PROVIDED YOU WITH WRITTEN NOTICE THAT IT WAS EXTENDING THE TIMELINE FOR REVIEW AN ADDITIONAL 60 DAYS UNTIL 0/1 do} DO BY LAW, ANY EXTENSION BEYOND~, MUST BE APPROVED BY THE APPLICANT. YOU HA VB REQUESTED/AGREED TO AN EXTENSION BEYOND (pI J ;pI DC) . THE REASON FOR THE EXTENSION IS AS FOLLOWS: . C'Ontinv(.tnCe. _f joke. h{t1.(1!1~ ( 6../1 chan t' $ and n u:cled ri:nt-tO hold y\li5hbt;I(J-taxl j'V>(~H("\ j BY SIGNING THIS WAIVER YOU ACKNOWLEDGE: A) RECEIVING A COpy OF MINNESOTA STATUTE SECTION 15.99; B) THAT YOU WERE ADVISED THAT THIS WAIVER AFFECTS YOUR PROPERTY RIGHTS AND THAT YOU MAY WANT TO REVIEW IT WITH AN ATTORNEY; C) YOU HA VB AGREED TO THE EXTENSION; D) YOU WAIVE ALL RIGHTS UNDER MINNESOTA STATUTE SECTION 15.99. SIGNATURE OF THE APPLICANT: PRINT NAME OF THE APPLICANT: DATE: I :\deptwork\blankfrm\waiver.doc -- ..-- - - - -- ..- . - - - - - - -- - - - - --- \" Article 18 DEADLINE FOR AGENCY ACTION Section 1. (15.99) (TIME DEADLINE FOR AGENCY ACTION.) Subdivision 1. (DEFINITION.) For purposes ofthis section, "agency" means a department, agency, board, commission, or other group in the executive branch of state government; a statutory of home rule charter city, county, town, or school district; any metropolitan agency or regional entity; and any other political subdivision of the state. Subdivision 2. (DEADLINE FOR RESPONSE.) Except as otherwise provided in this section and notwithstanding any other law to the contrary, an agency must approve or deny within 60 days a written request relating to zoning, septic systems, or expansion of the metropolitan urban service area for a permit, license, or other governmental approval of an action. Failure of an agency to deny a request within 60 days is approval of the request. If an agency denies the request, it must state in writing the reasons for the denial at the time that it denies the request. Subdivision 3. (APPLICATION, EXTENSIONS.) (a) The time limit in subdivision 2 begins upon the agency's receipt of a written request containing all information required by law or by a previously adopted rule, ordinance, or policy of the agency. If an agency receives a written request that does not contain all required information, the 60-day limit starts over if the agency sends notice within ten business days of receipt of the request telling the requester what information is missing. (b) If an action relating to zoning, septic systems, or expansion of the metropolitan urban service area requires the approval of more than one state agency in the executive branch, the 60-day period in subdivision 2 begins to run for all executive branch agencies on the day a request containing all required information is received by one state agency. The agency receiving the request must forward copies to other state agencies whose approval is required. (c) An agency response meets the 60-day time limit if the agency can document that the response was sent within 60 days of receipt of the written request. (d) The time limit in subdivision 2 is extended if a state statute, federal law, or court order requires a process to occur before the agency acts on the request, and the time periods prescribed in the state statute, federal law, or court order make it impossible to act on the request within 60 days. In cases described in this paragraph, the deadline is extended to 60 days after completion of the last process required in the applicable statute, law, or order. Final approval of an agency receiving a request is not considered a process for purposes of this paragraph. (e) The time limit in subdivision 2 is extended if; (1) a request submitted to a state agency requires prior approval of a federal agency; or (2) an application submitted to a city, county, town, school district, metropolitan or regional entity, or other political subdivision requires prior approval of a state or federal agency. In cases described in this paragraph, the deadline for agency action is extended to 60 days after the required prior approval is granted. (f) An agency may extend the timeline under this subdivision before the end of the initial60-day period by providing written notice ofthe extension to the applicant. The notification must state the reasons for the extension and its anticipated length, which may not exceed 60 days unless approved by the applicant. Section 2. (EFFECTIVE DATE.) Section 1 is effective July 1, 1995, and applies to any written request submitted after that date. f:\dept\planning\deptwork\blankfrm\waiver.doc AFFORDABLE HOUSING SOLUTIONS, LLC 13241 Holaselc. LaDe EdeJl Prairi~. MN 55346 Tel (612)- 949-2667 Cell (612)-720-7174 March 3. 2000 MS. Jenni Tovar. Planner City of Prior Lake 16200 Eagle Creek Ave. S.E. Prior Lake, MN 55372-1714 Dear Ms. Tovar, Your dcparonent has inquired as to the message we want to convey with the name of our L.L.C. We feel that our housing is "affOl'dable" for ~ market we build in. We have purchased several market rate or senior apartment siteS, and are developing mid range market rate apanment rental buildings. We arc not in the high end or cxecu.tive luxuIY raw :matket~ nor are we in the low end of the :roazket. We have not considered the subsidized marMt either, as this is an entirely different set of management regulatioDS and. controlled restrictions that we are not set up to do. You can see from our proposed plans that the size ofthc units and building amenities are for the mid range of market rate aparancnts; which we will do a very pll1f~$ifmHl job of designing, constrUCting and managing. . We feel a tenant will have an easier time preparing a rental payment to an "affordable" entity rather than an entity that might be considered as .'uJ181fordable". Please call if there are any other c1arifi.cations that your depart.ro.ent needs. LE HOUSING SOLUTIONS, LLC lD r~m[g\~\\ ~~W\ Planning Commission City Hall 16200 Eagle Creek Avenue S.E. Prior Lake, Minnesota 55372-1714 ~/ : ../ ! ,..!/:,\ i MAR 22lm I,' \ \ i e U L --.J L.:;:> Subject: Protest for the Conditional Use Permit for Stonegate Apartments Lot 2, Block 3, Brooksville Center 1st Addition Prior Lake, Minnesota Planning Commission: I would formally like to be placed on the Agenda for the Planning Commission meeting scheduled for March 13, 2000. I protest the request for a conditional use permit for the Stonegate apartments located at the intersection of Tower Street and Toronto Avenue. My concerns for the proposed construction of a 43 unit multiple family complex consist of several items. Increase road traffic will decrease safety in our neighborhood. Toronto Avenue is already under heavy use, and with the addition of the Busse property Youth Athletic Complex located on Mushtown Road and the proposed construction of a new Post Office located on Toronto Avenue, traffic will increase even more. Water run-off on the intersection of Tower Street and Toronto Avenue is already a problem. The loss of trees on the property and the construction of a apartment complex will lose neighborhood character for W oodridge Estates. And finally, property values for family dwellings located adjacent to the proposed apartment complex will more than likely decrease in value. Sincerely, ~A1v Andy ~ing 17057 Toronto Avenue W oodridge Estates Prior Lake, Minnesota 55372 (612) 447-7092 15' ''),6,0 ~ ~ Address310 -n rc)~Z'u)Otr~ CA'/'". Address '1fp5y 04KLJooJ} Address I 7 cJ 7 7 ~ "(J v? fa Address J) t/J ') IOY- Dv-,-fD PETITION AGAINST BROOKSVILLE CENTER 1st ADDITION STONEGATEAPARTMENTS CONDITIONAL USE PERMIT REQUEST We the undersigned, protest the conditional use permit request for the construction ofa 43 unit multiple family dwelling located on Lot 2, Block 3, BrooksvilIe Center 1st Addition, Prior Lake, Minnesota. Reasons for the petition is based on the following items. · Road traffic on Toronto Avenue will increase. Road traffic on Toronto is already high, and with the addition of the Busse Property Youth Athletic Complex and the addition of the proposed post office on Toronto Avenue, traffic will increase even more. · More traffic on Toronto means unsafe conditions for children at play; · Water run-off is already a problem on that intersection; · The loss of trees on the lot will ruin an aesthetic pleasing view; · The addition of another apartment complex near the W oodridge Estates will decrease property values, and; · An apartment complex on Toronto Avenue close to Woodridge Estate will lose neighborhood character. Name \).i\l ,eX ,-JO.:'7rX- Name: ~l ~~ Name: era, < .t 2-- Name: Address Name: Address Name: Address Name: Address Name: Address Name: Address Name: Address ~ (( . 14 (/' L, /k ~ ~ .~ ~ PETITION AGAINST BROOKSVlLLE CENTER 1st ADDITION STONEGATE APARTMENTS CONDITIONAL USE PERMIT REQUEST We the undersigned, protest the conditional use permit request for the construction of a 43 unit multiple family dwelling located on Lot 2, Block 3, Brooksville Center 1st Addition, Prior Lake, Minnesota. . Reasons for the petition is based on the following items. . Road traffic on Toronto Avenue will increase. Road traffic on Toronto is already high, and with the addition of the Busse Property Youth Athletic Complex and the addition of the proposed post office on Toronto Avenue, traffic will increase even more. . More traffic on Toronto means unsafe conditions for children at play; . Water run-off is already a problem on that intersection; . The loss of trees on the lot will ruin an aesthetic pleasing view; . The addition of another apartment complex near the W oodridge Estates will decrease property values, and; . An apartment complex on Toronto Avenue close to Woodridge Estate will lose neighborhood character. Name: Name: Name: Nam~ Name: Address~"'1)III';:' I ~ ~r;:~ Address ~ Zf-7'/ PCiI'/oI t{ €i~ / Jr.. Address 1,,71 fO/'d.. V;~A )~. <;c_ Address i/sd.5 H..~~;CJ t Address Yftl7 ~ cL lJ, ew 1fIq / ~,. Address Lj6~S-~ #ck/eu/ ~/ L Address L\~~ ~6\ \ \M \( ~ AddressC/65t? ()14,{c~x)d c,r Address 4f)O Q1 (( W 6 oJ Address -1'730 !/!.KWtd> C:~1-~ / Addresd 7/7 &)aKtd{O/J (Iflf It \' 'J:G I)~ PETITION AGAINST BROOKSVlLLE CENTER Ist ADDITION STONEGATE APARTMENTS CONDITIONAL USE PERMIT REQUEST We the undersigned, protest the conditional use permit request for the construction of a 43 unit multiple family dwelling located on Lot 2, Block 3, Brooksville Center 1st Addition, Prior Lake, Minnesota. Reasons for the petition is based on the following items. · Road traffic on Toronto Avenue will increase. Road traffic on Toronto is already high, and with the addition of the Busse Property Youth Athletic Complex and the addition of the proposed post office on Toronto Avenue, traffic will increase even more. · More traffic on Toronto means unsafe conditions for children at play; · Water run-off is already a problem on that intersection; · The loss of trees on the lot will ruin an aesthetic pleasing view; · The addition of another apartment complex near the W oodridge Estates will decrease property values, and; · An apartment complex on Toronto Avenue close to Woodridge Estate will lose neighborhood character. Name: '-f/~p)11.,4- -s ;HE {oS t:JN Name: O~' ~ Name~ Name: Name: Name: Name: Name: Address lit; I/-t /Plt//J /I J~1v lit ~L $, c, L/1!-?A ~u~~.J6. Address Address t./'I/3 ~,,(1 V,'<:.. J 1rJ.1'( Address 14ft) f}n'tli/l!lJ) /fait Address 1f<.I-2( ~(AJjtu)7YL AddressjYl- ~ fDl\d 0, tW T { . Address 44 Zey POnd V7'etU 7r. r'b. Address 1/1/'11 '?oN J r/ / E w1/<. S E Address 'f'-/~ ; flc." dl. i 4v -r;.. So r: _ Address i.f'l~3~IJ&J 7Y. .1.' E" I Address '/'1g( !b4~;u.-J;- S, E \ \\ ~\\ \00 PETITION AGAINST BROOKSVILLE CENTER 1st ADDITION STONEGATEAPARTMENTS CONDITIONAL USE PERMIT REQUEST We the undersigned, protest the conditional use permit request for the construction of a 43 unit multiple family dwelling located onLot 2, Block 3, Brooksville Center 1st Addition, Prior Lake, Minnesota. Reasons for the petition is based on the following items. . Road traffic on Toronto Avenue will increase. Road traffic on Toronto is already high, and with the addition of the Busse Property Youth Athletic Complex and the addition of the proposed post office on Toronto Avenue, traffic will increase even more. . More traffic on Toronto means unsafe conditions for children at play; . Water run-off is already a problem on that intersection; . The loss of trees on the lot will ruin an aesthetic pleasing view; . The addition of another apartment complex near the W oodridge Estates will decrease property values, and; . An apartment complex on Toronto Avenue close to Woodridge Estate will lose neighb hood characte . Name: Name~> N :4~~ Address t./ S ~ J- Po wi IIi f.1J.J TL5. Z~ Address 4SL)4 Pc rtiJJ jUt) If ~ 5t Address 7'~-;26 ;:g'i/cI"/~,,V' -&. ,,~- t/ ~)~ p (f}1doleli.J jU sc. 45/0 ?~~LJT1-. $e Address Address Address\...\~ ~ (, ~ vc) \ , (~ ~J \ 'i' l l ;,y . ~-C Address 11ft P6,..JtI/'etv 71< SF Address ~.yJ?6 71/1~~ t.d 7k. S--E Address /(47rr I6#DLlltfkI 7'; , .[16 AddressLfLfC:.6 PD\.J}..;, e.v T f!- ~ z.. Address 170--Y ,ihl{(;;;/~u) .Tiz. 5Ec' \\ :;J, hJ{ Ie () PETITION AGAINST BROOKSVILLE CENTER 1st ADDITION STONEGATE APARTMENTS CONDITIONAL USE PERMIT REQUEST We the undersigned, protest the conditional use permit request for the construction of a 43 unit multiple family dwelling located on Lot 2, Block 3, Brooksville Center 1 st Addition, Prior Lake, Minnesota. Reasons for the petition is based on the following items. · Road traffic on Toronto Avenue will increase. Road traffic on Toronto is already high, and with the addition of the Busse Property Youth Athletic Complex and the addition of the proposed post office on Toronto Avenue, traffic will increase even more. · More traffic on Toronto means unsafe conditions for children at play; · Water run-off is already a problem on that intersection; · The loss of trees on the lot will ruin an aesthetic pleasing view; · The addition of another apartment complex near the W oodridge Estates will decrease property values, and; (.)/ t t., \ose · An apartment complex on Toronto Avenue close to Woodridge Estate.~ neighborhood character. Name: Address 1"7057 7-MCJ.P70 TIt/f.' Address J 105'! irrcrrfo au~ Name: Name j{)f/ni:Y~iJ1t NJj.(jf- Address 17 ()~ ( -y;;-~ 0;.1 Ie A- ,Ie- AddressJ'1 04 rTcmsrd--b frll.e Address 11oZSlOlo0\D A\R S.S; Address 17;0(00 lotw-o ~f. Address n00() 77YUJYito CbL S-t? Name: Address Name: Address Name: Address Name: Address 1\ Q/J q ;do PETITION AGAINST BROOKSVILLE CENTER Ist ADDITION STONEGATE APARTMENTS CONDITIONAL USE PERMIT REQUEST We the undersigned, protest the conditional use permit request for the construction of a 43 unit multiple family dwelling located on Lot 2, Block 3, Brooksville Center 1st Addition, Prior Lake, Minnesota. Reasons for the petition is based on the following items. · Road traffic on Toronto Avenue will increase. Road traffic on Toronto is already high, and with the addition of the Busse Property Youth AtWetic Complex and the addition of the proposed post office on Toronto Avenue, traffic will increase even more. · More traffic on Toronto means unsafe conditions for children at play; · Water run-off is already a problem on that intersection; · The loss of trees on the lot will ruin an aesthetic pleasing view; · The addition of another apartment complex near the W oodridge Estates will decrease property values, and; Wit i. · An apartment complex on Toronto Avenue close to Woodridge Estate ~ lose neighborhood character. NameOtV~ ftJ ~d VI Nam:L\IJUVI lP,flJJ:5-R@ Name/(A~ Name::J{Lfy). bo..A 1 AY1 Name( ~A _ Name ~ \Z ; ie~"J Name~~ Name: '. : I. ~', Name: Address /70;J.. 6'T~ t:o ~~ ~.E- Address i 7 D / D 7ivvvr-fo Av.e s-6: Address / 707~dJ6r(~Il_,Jo /1u.,. SF Address /701 ~ to fOhf1-cl Aw/ st Address '\\0)< \bCOC\\o ~ ~ Address \71 L c:, 'or,,'\t, AVL- ~t;". Address \ llldl -1 0\nVv iflu5~ Address l"?IfJO tJ:c/JVlEe....J CT AddressJ '( I ac) W~ {~.{ ~ d c Address /7/20 Wc-zrzfVI@~ C-I % Address )11 ~ /JDoJU(eJJ ~ >F \\ J.-~q/oo PETITION AGAINST BROOKSVILLE CENTER 1st ADDITION STONEGA TE APARTMENTS CONDITIONAL USE PERMIT REQUEST We the undersigned, protest the conditional use permit request for the construction of a 43 unit multiple family dwelling located on Lot 2, Block 3, Brooksville Center 1st Addition, Prior Lake, Minnesota. Reasons for the petition is based on the following items. . Road traffic on Toronto Avenue will increase. Road traffic on Toronto is already high, and with the addition of the Busse Property Youth Athletic Complex and the addition of the proposed post office on Toronto Avenue, traffic will increase even more. . More traffic on Toronto means unsafe conditions for children at play; . Water run-off is already a problem on that intersection; . The loss of trees on the lot will ruin an aesthetic pleasing view; . The addition of another apartment complex near the W oodridge Estates will decrease property values, and; WIt./... . An apartment complex on Toronto Avenue close to Woodridge Estate ~lose neighborhood character. Name: Name: Name: Name: Cl Name: ti ~f ~ N~e: ~/~h~ 1\" ,/ / . Name~.~ ~dn1e-ij b&RilT- '-/x I ~/ 1 " .1 ~~e:; / )/-. " t,; ",- ' ~~ Q.... .<:=~ ~ NaIll~ " ;c; _ . flak/tp /Jw~ Address /7/,3( {10(}/v/~u/ {f5~ Address /7 J 3'1 WooJ.. (h~ ~ --re, Address 17/'(,0, - (;J0J \J)~,J ~E. Address 1'7 J-ol Wf.r)JiX P vJ (-I-. ~. Address 17 ?CJ/ t..VovytJ/EW c. 7"'~ E Address/7.;z;/ WdOOViC f-I Cr. 2~. Address /7.1./ I W j (: Q V I ~ &. ~ Address 17,?:J?u/p"'!/i/ ,;:: C 1; Address/7~?f CJ(~~ 6/- Address 17 J W l J:.-{\ ~ c:::r-- . - Address / 7.2./ 0 U/ u;;;<).1:/ t/ II' e '-G/ \\ 9-~ crloo PETITION AGAINST BROOKSVILLE CENTER 1st ADDITION STONEGATEAPARTMENTS CONDITIONAL USE PERMIT REQUEST We the undersigned, protest the conditional use permit request for the construction of a 43 unit multiple family dwelling located on Lot 2, Block 3, Brooksville Center 1st Addition, Prior Lake, Minnesota. Reasons for the petition is based on the following items. · Road traffic on Toronto Avenue will increase. Road traffic on Toronto is already high, and with the addition of the Busse Property Youth Athletic Complex and the addition of the proposed post office on Toronto Avenue, traffic will increase even more. · More traffic on Toronto means unsafe conditions for children at play; · Water run-off is already a problem on that intersection; · The loss of trees on the lot will ruin an aesthetic pleasing view; · The addition of another apartment complex near the W oodridge Estates will decrease property values, and; tJ I t.t" · An apartment complex on Toronto Avenue close to Woodridge Estate ~ lose neighborhood character. Name: Name: Name: Name: Name: Name: Name: Name: Name: Name: Address \"1 \\\ \l,:rr(\{j\~ Address r\r\\ l J..-. '['fr\ lJ~~~ {'11 \,0. A tt" CaUcT- Address 4b~O Oo.~\.I.J"~ C.~ vLle... AddresM~Y: \1 Oc....LvJCb~ ~'lcJC. 5.S. Address ytsl/ tJqJCWnoJ (,-{"Ie Sf Address CY(,~0 c)~i~ (' / S <[ r Address 1/f61t jalttl/1:crJ 6 Yb Address 4107 tJ OAI~woo/ (':~.5 F-. Address-1lo1<6 ()~~ uv SL Address Address ~ MAR-10-00 10:39 AM PLASSEMBLY 6124472796 P. 01 , Fax t# 447-4245 Prior Lake City Council Planning Commission "" Attention: Jcnni Tpvar. Planner This is to inform you that I am opposed to the building of a 43 unit multiple family dwelling at Lot 2, Block 3, Brookvillc Center 1 st. Addtion at the S E corner of Tower Street & Toronto A venue in Prior Lake. My name is Jane Hagen and I live at 4660 Tower Street in # 113, on the ground level. I feel that this building will cause the value of my condo to be lowered considerably. Sin~erely. Jane lIagcn 4660 Tower Street SE. Prior LClke. MN 55372 Phone # 447-6238 ,."."""....."."".",._-.-"--,.",...."""..,,, ..,.. ..,,','.'.'..'.'."','.'......'.. :::::>.::::::.:::::.:.::::::::-:-:-:.:::-:::.:::::::.::.:.::-:-:'::::':-::':':'>.-:::::::::::::-:-:::-:::::::::::::-::-:::'::::-:-:-:.-:.::.:-:::::.::-:-:.:-:-:.:.-.::-::-.::-:-:-:-:-:-.'::::'-...--:::-::.:::.::>.-::::-::::::::::::.:-::-:<:':::-:::::::>.: .....................................:....................:.................................................................................................. ...".,.""............--- ,--,. ..........,..-,.,..._------.........,"',.........,'"........"",...... .'....-.--."".... . .. . .'.'........................... ,-_. .....,,"...........---_...'.......,',...........,',......................................-.--.-...-.-. .. .. ..... ......." ---- ..-...-,--",..----,-,-""... .. . ........... ,... ",.....",.....,..__....,....-.-.-...._-.-----.,,-.-....."..------. -..,.,....-..----...-.-----.-.-.-...........,... ...,.."... ... .,...-,.....",. ..,.""-.--.....----------..---.-.,,.-.._-,.- '--.-- ----.--_...-.." .-' ",.....,..,...,." ,..., ,.- ,.... -., -- ---.- ."-' - ......-.,._,. .::-..:-_-.-_._._..c............' '...., 'c.... ,'.... _ ',' _- _-.-. _-.-_,'.'_' _-_'. __.-_ - __._._.:_:_>_-::.-'; ,_.......... ., '..... .. '.' " -- '-'. ....'-'. . .- -.'. .-.... ..... --- --.-- --- '.-.', -- -- --.'.---' ..........-......... --. ;:::::;.:::::::::::::::::::::::::;:>::::. : .,::: ::::: ':C..:;:: :::' :;: :;: :::: >: :;:::::::..' ,_' ::::: ::: :: ::::: :_:::;> :;::: ::: :::: ;:;::::::::;:::::::: .................................................................ll. ..............................11.............10..............&.........8................ .........11. .. .................................................... .,. . ..", . .........., " ,',', . ,.",....--... -'. -.. ,.. .., -- .. .. " .. ,. .".. ., ... , , .. -. '.-. .... . '"." ..",..,'-'-" .... .,. .-- ",-- . -. .. - ... -.,- . .. -. ,. .. ",' .,'. ,'.' . " ,.-..,--.-.-, ..,. -... .,. -.. -- ".- -- '." -.,.- --.". -. '. " , .. . ....,..... ,.. .., .. '.- - - '.' ',' -.'-.' . - " . . ,...... .... ... ',. ... '.- ", . - .... .-' ... --.. ...--,' .' ,......."..........,..._--,.,.............-..'......-....--..--........-..---........-.--'.-"."......-.-.-.-'...'-.-.--...............-.-.-. .....................,,-.... . .. -.. ..- - ,,-,_.. - -----....... ---..............--.. . . I . -...-- .......-- ..--, :-::::::::: [ mm ""..,,,.......... "...""-....""..... ..... ...--................. .""....... - ..-.."... ...."""...",,,,,.... .."",,,......,,... ...."'''........,....-...... .....................................................................................................................................................................................................:. ... ... . ..............,..,... "-'-""'--""--".-".' ..-.......'................ ..............." . .""."""..". DATE: March 1, 2000 TO: Jenni Tovar, Planner FROM: Sue McDermott, Assistant City Engine0u-O RE: Stonegate Apartments (Project #34-00) , '" ~ ,~~.;:.;: . The Engineering Department has reviewed the plans for the subject project and we have the following comments: 1. Provide a detailed traffic control plan to be implemented during utility construction on Tower Street prior to utility construction. There are a lot of apartments to the east of this site and Tower is a dead end street. 2. Show the location of the rock construction entrance on the plan. 3. Storm sewer is needed at this site. Install catch basins in the driveway entrance at Tower Street. Extend pipe to the comer of Tower and Toronto for future connection by City. (see attached sketch) Provide runoff calculations for existing and developed conditions. g:\projects\2000\34stone\review2.doc .... ! Si\~~G' ~~~\\,Q'\ ~ '2 ~ ~ .) ~~ -;'5 ~" ---- t\O\ . / -.---:'-.--- i\ ---- ../ --- ~~ "" J oS ~~ ~j :!::;.... ~l - --- 'i i! ~~ f5s ....u . i~ -:;:I 1)::0 -'6 '8 -;;go '-'3 ~'O 1- E~ ..U) .slID E! df5 HlVd snON" --- --- .s / 3 -.- ~'?..::> o.,s.-~ .-- February 25, 2000 MEMO TO: BUD OSMUNDSON/SUE MCDERMOTT - ENGINEERING DON RYE/JANE KANSIER - PLANNING BOB HUTCHINS - BUILDING FROM: JENNITOVAR ATTACHED ARE THE REVISED STONEGATE PLANS PER YOUR MEMOS OF REVIEW. PLEASE SEND YOUR COMMENTS TO ME BY FRIDAY, MARCH 3, 2000. THANK YOU. "-" February 23, 2000 Affordable Housing Solutions Bob Skarsten 4188 Red Oak Ridge Minnetonka, MN 55345 RE: Agenda and Agenda Report Attached is a Planning Commission Agenda and Staff Report for the February 28, 2000 Planning Commission meeting. You or your representatives are expected to attend the meeting. You will be given the opportunity to speak regarding your proposal and the staff report. The meeting begins at 6:30 p.m. and is held at the Fire Station located at 16776 Fish Point Road (east of HWY 13 on the south side of CR 21). If you cannot attend the meeting, please call me so your item can be deferred to the next Planning Commission meeting. If you have any questions, please contact me at 447-4230. Sincerely, GtUJt ~Uv1 Connie Carlson . Planning Dept. Secretary Enclosure -l:\deptwork\blankfrm\meetltt.dpc P.age 1 16200 t.agle Creek Ave. ::>.t..., Ynor Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (61~) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER .~- ~ I Met110randutn M~ To: From: Date: Re: Charlie Radloff, Radloff Architects q L..-j ,- 5';) Y 0 ~ J enni Tovar, Planner 02/22/00 Stonegate Apartments Planning Review 1. Dwelling units must be at or above grade for 25' beyond proposed structure. Need to extend wall out on N side of mechanical room. Indicate 993.2 at 25' beyond structure. Trash endosure must meet Section 601 of City Code. (;.b~~ ed a note regarding utilities to be placed underground. Pr;u.J wlco.JJ 1D~f ~ ~ to verify access to trail sidewalks with Park Director. Ot.. , ' e \1<>~ ~ to address run-off issues. Proposed run-off should not exceed xitin . ~ lot screening needs to be modified. Fences within front yards not 25% opacity. Screening requires 80% opacity. Therefore, a fence for ing will not work within the front yard. Suggest a 24-inch retaining wall inch benn and propqSed plantings to screen 60% of parking areas. erous trees must b~ feet apart or less to be considered screening. dscape Plan indicates'1ulee~ Separate sign pennits required. 8. Is there any wall lighting proposed at entryways? Indicate on plans. 9. Tree Preservation is not met. These trees are in addition to the 43 trees required (1/unit). 46 trees are proposed, 43 part of required landscaping=3 trees planted as tree replacement. Need 89.25 caliper inches, plan shows 8.5. Need to replace 80.25 caliper inches. These can be planted off-site in public park or developer can pay $100 per caliper inch ($8075). Indicate how plan complies with replacement. 10. Need 3.6 shrubs planted along yard facing 170lh Street. A Type B Bufferyard is required. Trees meet requirements. (IT) The front wall along Toronto Avenue exceeds maximum building length/height V ratio of 4:1. Height is 34 feet, building wall is 148.75 feet long. Suggest a 4-foot bump out at stairway entrance. 12. Previously noted fire department access has been re-reviewed by our DRC committee. Plan is acceptable for fire access as is. gMemo.doc DATE: )-) & -00 @# @# ,!] 1" To:/ /j/l(l~ @ # (.,1 (-<).J <-f0 NUMBER ~ PAGES: . f i FROM: J.n~. . (including cover) FAX No.: 447 -4245 Notes From The Sender: :Jj(l ~;J Co (~v;{..pJ ;1Ae~ . i::. [ ;1)& Mv~) ~II \tJ (J(d 6 ,I1tt/y1/!.,-U PLEASE CALL ALL PAGES. AT IF You Do NOT RECEIVE 16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER Charles Radloff 1r 612941 5240 1fjJ2I16/00 (92:40 PM C'l1/1 Charles J. Radloff · Architect February 16, 2000 Jenni Tovar Planner City of Prior Lake 16200 Eagle Creek Ave S.E. Prior Lake, MN 55372-1714 RE: Stonegate Apartments (Project #34-00) Dear Jenni, Per our phone conversation, please be advised that we are requesting an extension of time to complete with the changes noted on the memorandum faxed to your office this a.m. It is our understanding that if we can submit revised drawings by Friday February 25th we would than be scheduled for the March 13th planning commission meeting. Sincerely, Charles J. Radloff Reg. Architect 9979 VALLEY VIEW ROAD. SUITE 256 . EDEN PRAIRIE, MINNESOTA 55344. 612.941.1667 R~\SgQ ~ I............................................................ < <"--" .... - - :-::::::::::<::::::::::::::::::::::::::::::::::::::::::::::<:::::::::-:::::::::>::::::::::::::::::::::::::>;:;:::;:;:>::::> -;:::::;:;:;:::::::::::::::.<<:::::::;:}::;:;:}:..::-:....::.,.",-,-,....._-,-,....._-,._._..- - - - . . ...............<..<...........<.....<....<....1<......<. ....... ......... ....................................... ................................................ .................11...................<.............. <./<. /II//E/...........O<. <.....11</.................... i .......U........ <........./...... <.................// ....-,. .'.-." ..... ....:-.,' "." :: :: ::.' .... :-::-::: -:. :-:-: -: -':. '.::: -:-." :.: ::.' ,',' ,.,.'...._-,-,.. .. ., ,. . .. ,.-- . -, ". - --. . ... .. " .... . ,", " ... . -.. ". ... -., . ...--.....-..,.,.".....--......--.".....,..-..,..--,',.'..,,'.'-....---...-.-,",.,.'-.....'.'<'...---...-...._-..._--.. .'.-,.....,'_.,.,.,'.'.-,.,..'..,-,-..._--.._-.,....._--..---...."...."..-..',."..'.....'..--....--.,--..,. .,,---. ---.. ..........----.---..---..--.,.-..,.--..--...--...."".',._---, ." -. .-.. .---..----.---..---"..,..---.---.---"'--" --,. I DATE: February 16, 2000 TO: Jenni Tovar, Planner FROM: Sue McDermott, Assistant City Enginee~ RE: Stonegate Apartments (Project #34-00) The Engineering and Public Works Departments have reviewed the plans for the subject project and we have the following comments: 1. Provide a traffic control plan to be implemented during utility construction on Tower Street. There are a lot of apartments to the east of this site and Tower is a dead end street. 2. Install concrete aprons at each driveway in accordance with the City's Public Works Design Manual (see attached detail). 3. Show the location of the silt fence and rock construction entrance on the plan. 4. Storm sewer is needed at this site. Install catch basins in the driveway entrance at Tower Street. Extend pipe to the corner of Tower and Toronto for future connection by City. 5. Provide a detail for the concrete curb and gutter. 6. Show the parking lot pavement section. 7. Extend the lowest wall in the northeast corner of the property to wrap around at the 996 elevation. 8. Show cross sections of the retaining walls. 9. The proposed water service must be installed a minimum of 5 feet from the existing sanitary sewer manhole. 10. Turn off the corporation stop at the main at the existing service to be abandoned. 11. A hydrant is needed on this site (see Building Department comments). 12. There is no access to the rear of the building for fire/emergency vehicles. Check with the fire chief to see if this is an issue. 13. Investigate moving the driveway access to 170th Street rather than Tower Street due to the existing grade on Tower. g:\projects\2000\34stone\reviewl.doc .... .'~ :-;"'.'-'-'-_".-'':'"--'''~'''_'.-:',"-,".(.-",'''''''' .'.:. .:~'" ..--'.-...,. .-'-. ,-'., ;" ...... 4' _._ .,~",.~... ,~. _ _.......,....:'---'--...."~....._~.,,..~_,,_... .....,'...... ^ ..... ,~.;..,....,. .... _.... .~'. Affordable Housing Solutions LLC Attn: Bob Skarsten 4108 Red Oak Ridge Minnetonka, MN 55345 Charles Radloff Radloff Architects 9979 Eden Valley Road #256 Eden Prairie, MN 55344 RE: Review of Application for requested Conditional Use Permit and Variance Dear Mr. Skarsten and Mr. Radloff: On January 28, 2000, the City of Prior Lake received an application for CUP and variance to height for Stonegate Apartments. On February 9, 2000 additional requested information was received. A review of the application indicates a height of 34.15 feet. Therefore, variances are not needed and your application is now complete. Enclosed are your variance application materials. We have tentatively scheduled the CUP to be heard by the Planning Commission on Monday, February 28, 2000. The Planning Commission holds a public hearing and makes a recommendation tot he City Council. If there are significant outstanding items raised by our internal review (such as engineering issues) the hearing will be continued to allow for the necessary plan changes. The tentative City Council meeting is March 20, 2000. This could change depending on the Planning Commission review. Generally, the Planning Commission and City Council make a decision on such requests within 60 days. Occasionally, however, due to meeting schedules, it is sometimes necessary to extend the 60-day review period. We are extending the 60-day review timeline an additional 60 days from April 13, 2000 to June 12, 2000. While we expect a decision to be made prior to this, this extension allows for a continuance if necessary. If you have questions relative to the review process, or related issues, please contact me directly at 447-4230. Si erely, . ~ j~ 1:\OOfiles\OOcup\OO-Q10\completeltr.doc Page 1 16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER FILE COP, " Memorandmn K~ To: Doug Hartmann, PW Supervisor From:Jenni Tovar, Planner Date: 02/09/00 Re: Planning Signs ~~e:~~:ng signs: .., ' " ",. .,.etNEcomerTowerfTorontoStreet Placesignwithin R-Q-W, behind sidewalk on comer. remove the following signs~ lorado Street, T-shirts and m~.! eas~,"..""""" cad""'" ~1l dll expect this sign to remain for 60 more days, on City Coundl action. t me know if you have any questions. Thanks 1 I - I I I I j,., ! ;, I ;'-:.'. i /1 I .!I , r II 1/ A ~{ +... :f WOODRIDGE I I :i 6 \.. o c ~ \; ,v ~ <2J f. o o ~~ ..(, ~ \-' I ---1 .... ~.. l- c /1\'[ . .r .~, . ~ y ~ i , ~\-r-<'_I'<~.... (j:=r_' . :..'!.Ar.....: , \...,f 1,~,t.l...r J .....~., J.."\/~...r.I_ll.\(_. ,/' , \ "I."~-~ . ~ ' i "'"",, \. , --( f . ~l \ lIOUoJ.:-.. f ~ I. ="''"f~ . ~ "';~~;:"~~~=:::;~~,~_ _........:...JIr~. ... ..-" ;..~.....__...._- -....,--....-- L o jJfl ~c T o' ,d':u:. t? \ij' j B L W T~L__ " "::;;', ,.\'\" ! -........., ... '. \ \ I \ \ \ \ \ \ ' .- \ \ '. \ \ \ "1.._) \ \. \ t I I '\ \ '. ; I I I . , 1 .'.~ \ \ I . I \ ; ~ I I, 'I I I I I I! . '-:.; I ' I I I I ii, . ,,,,' .....-_./~. i : : i b: ~I i : I I I I! ~ I : /) . ~~ i!,.~ u h l! ~ ~ H ~ \ I I I . I I _ _ / - I i~ ( \1; I " ('\ :: \, v t I ; I i: I ! . I , , \ , '. _,i. ....~....( ._(1.' , iJ'-'--s...r.., f --< ,'_ i,-' rC'1 ~ ~ -J S CD ,i'- I '1 \ ""'-(_'-\-',.'.\,1.-;1.:" Ii ......i \.r ~ VI .c.. ) ~ <: j:: V1 8 .ff'.....,~ o o " .,/ .,,;' ,~:.:- >I' , / .~~~ .n.' ! ?:r r>.:~{t. ! "-- ....;~) -~ " 1'., .f:' ,. , ~."....~~. ':~ so ~ (ESTA TES I 1ST 2 ~~ ~ ~~ o :i i Irfw,ot ;r~ \ , I ~"'f\ ! )=" , I Ii ADDITION (/ \ Memorandum To: CC: From: Date: Re: :~~~rr If" Bill O'Rourke, Police Chief Steve, Schmidt, Police Lieutenant Frank Boyles, City Manager Jenni Tovar J\~ 02/29/00 Police Activity at Specified locations. n request from a council member, we have been asked to compare crime within a family dwelling to that of a single-family neighborhood. This is h, regards to a 43-unit aparbnent building on TowerfToronto. Please provide me with . on related to # personal crimes and # property crimes within the past year at ng locations: idences on Willow Beach Trail (3401-3718) All residences on Oak Ridge Circle (15140-15316), Indian Ridge Circle (5770-5889) and Fullbright Circle (5750-5797) combined I need this information by Monday, March 3,2000. Let me know if you have any questions. Thanks for your help. 1 ---------------- ", " 'i .\ ~ ;-.-- . ,. '?~ " '<"ie, " '<" i ,.,.7, .'. ~L ~ , - ' -' t5 ~\ ..'\. ~.(" '\. .,..' ..'\. , , , \ I '"," jCM "MJ.stB , . '- L... ~. J;;Sa. ""3::1 ,. ~ 'S.,.~ " Y"'_. , ..~. ,~, '.... ...... ,~ 2.' . II I It V I -- t' .. :.--- It. II . r-' .' f.O I l~ . '. ;rlr r ~ " , ,.'"' ".'" , ,..v' '., ... . " ',I <'._'-- ,. N33~~ ", '.)"f " , ,," ;'. , '~~ I";: ;.i. ." ' , , " , .." ,,;':",,:, ."~" e \ "',' , '- ,c... '....... ,a. ."\ L, . \-r-;:::'J, 'c!'-, 'fm ~" 1'1 ", ":'1:" .. '" .ie;, "'Y".:', ",' ""'I" .~.{ S)fVO ;- \ "" , .. " .' , " ":'€)'" '- --j ... ". ", ' " J .,0 '. ' .'\,~\' ", ,~:: ~ 'Y"'/i~ ~~ 'i <a." q~;t', .. " ~ ' """ r- , ~ ~ ("Itu~i'" .."" ~- \~ ., ~ C\- ~ ~,'... )~ ,. ," ,J;;J, ~, " \ -") )It " '-" ':f,. "'m~ ... '. ,ill't . -- 'j ,. , ,,'~", , ~" " .. , ' ~....~ , : ~'~~ " ~, ~-" c.... 3 ~ l t. ii' ji. ~ 11:1 . ,'.' ,:~ '0 . I .'~ ",,~,; ~, ,,";' ';,' <.: ' J. ~~~ t, ' 6 ,~;~:'~:.'7'i ....... <!} 8 ~ 'S- ~ ~ , '" {; tf.i.;, ::::-...- (" :::-.--- .. " , ..J 0:: I- "", ffi. ; "" > <{ ro-;;: .". " :;; ~.;,' , ..": ,. ,i .,~ ."".H;;P>' .... i, " "" ' -';' . '. Ii ~ 5~ .. " .j Ia" I I' ' it ' ': ~, 1 "2 " .' ,.;~i"~1 ~-'" ~, ..' ::' ~~ '~~~:J : ') " .. ~ . ", "',; 'q ~ : " /~' '\~h ,-~ +: J ':.i .., ". ,}ii!., . , .,",if''': >1 "r I "~7 "' 'rV.'r~ ]: ~ , ' i \ !l F;lE COpy February 8, 2000 Affordable Housing Solutions LLC Attn: Bob Skarsten 4108 Red Oak Ridge Minnetonka, MN 55345 Charles Radloff Radloff Architects 9979 Eden Valley Road #256 Eden Prairie, MN 55344 RE: Review of Application for requested Conditional Use Permit and Variance Dear Mr. Skarsten and Mr. Radloff: On January 28, 2000, the City of Prior Lake received an application for CUP and variance to height for Stonegate Apartments. Your application is incomplete. The following items must be submitted prior to continued review of your application: 1. All plans must be signed by land surveyor and/or engineer as stamped. 2. Need elevation of roof peak and mean roof peak from eave. If mean roof peak is less than an elevation of 1025.00, then a variance to height will not be needed. We are utilizing the mean curb elevation of 990.0 to determine building height (35 foot maximum). Based on our conversation today, the mean roof appears to be at an elevation of less than 1025.00. We are proceeding as if a height variance is not necessary. Should the height exceed an elevation of 1025.00, we will be required to re-publish notice with the requested variance resulting in a later public hearing date. Considering the outstanding items are minor, I am routing your request to the necessary departments for their input. We have tentatively scheduled the CUP to be heard by the Planning Commission on Monday, February 28, 2000. If we do not receive the above requested information by Tuesday, February 15, 2000, the item will be continued. Also, if there are significant outstanding items raised by our internal review (such as engineering issues) the hearing will be continued to allow for the necessary plan changes. If you have questions relative to the review process, or related issues, please contact me directly at 447-4230. ~Sin~ Jf1JWj . nni Tovar lanner 1:\OOfiles\OOcup'\OO-010\60d2}'ltr.doc Page 1 16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER Miscellaneous L:\TEMPLATE\FILEINFO.DOC CITY OF PRIOR LAKE ORC PROJECT REVIEW CHECKLIST PROJECT NAME: Stonegate Apartments An application for a Conditional Use Permit for a 43 unit multi- family dwelling APPLICANT: Affordable Housing Solutions 4108 Red Oak Ridge Minnetonka, MN 55345 CONTACT PERSON: Charles Radloff, Architect 941-1667 SITE INFORMATION PID#: 25-022-006-0 LOCATION: SE corner Tower/Toronto (former City Owned Property) EXISTING ZONING: R-4 DISTRIBUTE TO: APPLICATION FOR: x Frank Boyles x Bud Osmundson J:S Administrative Land Division X Sue Walsh X Sue McDermott ~$ Comprehensive Plan Amend. X Ralph Teschner Jeff Evens X Conditional Use Permit X Paul Hokeness Lani Leichty Home Occupation X Bob Hutchins Rezoning X Don Rye .. ~5 X Doug Hartman Site Plan X Jane Kansier ~S X Fire Chief Preliminary Plat X Jenni Tovar .... F~ X Bill O'Rourke PUD DNR - Pat Lynch X Minnegasco Final Plat County Hwy. Dept. X Watershed Dist. Variance MNDOT X Telephone Co. Vacation SMDC X Electric Co. Zoning Ordinance Text Amendment X Triax Cable Met. Council Date Received 1/23/00 Date Distributed 2/8/00 Date Due 2/15/00 Complete Application Not Yet Date Distributed to 2/8/00 DRC Meeting 2/17/00 Date DRC Publication Date 2/12/00 Tentative PC Date 2/28/00 Tentative CC 3/13/00 2/19/00 Date 60 Day Review Date Review Extension f:\dept\planning\OOfiles\OOcup\OO-O 1 O\referral.doc Page 1 I have reviewed the attached proposed CUP Stonegate Apartment request CASE FILE #00-010 for the following: Water City Code Grading Sewer Storm Water Signs Zoning Flood Plain County Road Access Parks Natural Features Legal Issues Assessment Electric Roads/Access Policy Septic System Gas Building Code Erosion Control Other Recommendation: Approval Denial Conditional Approval Comments: JJM, ~. p~, IrjJ~ \\( Signed: w!- Date: z It '(tv Please return any comments by February 15, 2000, to Jenni Tovar, Planner City of Prior Lake 16000 Eagle Creek Avenue SE Prior Lake, MN 55372 Phone: (612) 447-9812 Fax: (612) 447-4245 f:\dept\planning\OOfiles\OOcup\OO-O 1 O\referral.doc Page 2 / / / I have reviewed the attached proposed CUP Stonegate Apartment request CASE FILE #00-010 for the following: .Water City Code Grading / Sewer Storm Water Signs ../ Zoning Flood Plain County Road Access Parks Natural Features Legal Issues Assessment Electric Roads/Access Policy Septic System Gas Building Code Erosion Control Other Recommendation: Approval Denial Conditional Approval Comments: . · ~' ~ if dr)l1rf.l~ 6n ~1JYl:b ? t!~ ~~r- if ~ 6f'/n~.A. is 3D' - ~ 'I-ii/Cl Y)\LJ 1:: /V 4. V. · 1~/51vh'lij - eP ~ .~-~ . Ar(JLi-l--~ ~T~ -biz...- ~ ~ ('~A"...U't-~J..dJ. -+AII .I4^IJp~ Signed: fjW Date: dftD Please return any comments by February 15, 2000, to Jenni Tovar, Planner City of Prior Lake 16000 Eagle Creek Avenue SE Prior Lake, MN 55372 Phone: (612) 447-9812 Fax: (612) 447-4245 f:\dept\planning\OOfiles\OOcup\OO-O 1 O\referral.doc Page 2 ~ '" # I have reviewed the attached proposed CUP Stonegate Apartment request CASE FILE #00-010 for the following: Water City Code Grading Sewer Storm Water Signs Zoning Flood Plain County Road Access Parks Natural Features Legal Issues Assessment Electric Roads/Access Policy Septic System Gas ~ Building Code Erosion Control Other Recommendation: Approval / Denial Conditional Approval Comments: <Se:~ t1~o UAl"CD -z.)4/00 Signed: Date: Please return any comments by February 15, 2000, to Jenni Tovar, Planner City of Prior Lake 16000 Eagle Creek Avenue SE Prior Lake, MN 55372 Phone: (612) 447-9812 Fax: (612) 447-4245 f:\dept\planning\OOfiles\OOcup\OO-O 1 O\referral.doc Page 2 .'."'~~~'<':~'~:~""'~~~'fl#i..r I!l!RIL . -:"'- I hmle reviewed the attached proposed CUP Stonegate Apartment request CASE FILE #00-010 for the following: . Water City Code Grading Sewer Storm Water Signs Zoning Flood Plain County Road Access Parks Natural Features Legal Issues Assessment Electric Roads/Access Policy Septic System Gas '><. Building Code Erosion Control Other Recommendation: _ Approval ../' Denial _ Conditional Approval Comments: ~~ t:: \'1 &-'\ 0 U.;16,:) -z./4 /:/;) SE:G. l Tt t--1 ~\ ~ ~l<O~ .kl I A U 1" \ (., lorA : LA~ IN () \ cA T \ jUl=> l..oc.AI:\a..l '\ '" F At> ~~ f It2.G- _~ t> ~ : l.0 H: \(..I.t TU~ ~,~~ " ~ \L:. . p~c>v ,"~ A Fll2.G- (-\'1b~ c..N IT\-tIA..l \SO' oF- TH E F ,121f:; . t>et?~""~ CC:>NJV~ \ C),N AN D ALL- A ~ ~f- "'t~ -a...,Ic..l) s~t....L l>c. W (Tttl~ 3oo'oF- A F IC"U:- t-\ :5 t:b C-. , ot/U E::)C.(';' T' N C;o F\12G- D (N t> \ c.A~ 1oc..AT\ ~N Of f I~ 1> eo t>~1V\ E:N-r c.~ 'i1QO\J . ~~-{Z~;:,~i~~ t>~>: ~~L\~TfON , S~ned: L ~ t!j::; Please return ~ny comments by Fe::: 15. 2000. to il~ ;0 ~ Jenni Tovar, Planner City of Prior Lake 16000 Eagle Creek Avenue SE Prior Lake, MN 55372 Phone: (612) 447-9812 Fax: (612) 447-4245 t\dept\PJanning\OOfiles\OOcup\OO-010\referraJ.doc Page 2 02/11/2000 09:32 6122263758 SCOTTRICE TELEPHONE PAGE 01/01 I have reviewed the attached proposed CUP Stonegate Apartment request CASE FILE . #00-010 for the following: Water City Code Grading Sewer Storm Water Signs ZonlnQ Flood Plain County Road Access Parks Natural Features Legal Issues Assessment Electric Roads/Access Polley Septic System Gas Building Code Erosion Control X Other -r E LE. . Recommendation:. X Approval Denial _ Conditional Approval Comments: TELE.. AND PO~E.R. P-..\J..1\\ Al.b1'UC:.. EAST LD7 LI NE.. - RETAINING Wf\LL ARE.~. TELE._ SE.2.VlLE Fel2.. T~\~ ~u..\l.rll~(... ~lLL c..om.'t. F~'TJ""- "~\~TAL LbC.P;TI:.Cl I'T SOllT\o\~~~T LDT LCl~E.."'. t:.01\)~C}dT F-t.OM..- l!.U\Lbl~'- W\l.L N~ \'0 "6..'f. C.OCR.~\N""'t..~ ~\T\-lt Tl!.LC.O I ..... ..--. ..-~.. .' TE.LEPHONE COMPANY . ..... .' .. Don Barlage asp Engineering & Design "S'r:ving MiMqolafor OVf)f 5Q years." 4600 QJlorado SIrll8t S.E. Pr1ct Lace. Mnnesda 55372 T~:(612)447-3758 DinlCt DIal: (812) "7064 Mabie: (812) 919-5887 . Fax: (612) ~3,758 S~nod' ~\S~. Date: 'L-IJ-DD Please return any comments by February 15, 2000. to Jenni Tovar, Planner City of Prior Lake 16000 Eagle Creek Avenue SE Prior Lake, MN 55372 Phone: (612) 447-9812 Fax: (612) 447-4245 f:\dept\planning\OOflles\OOcup\OO.010\referral.doc Page 2 Memorandum DATE: February 14, 2000 TO: Jenny Tovar, Planner ~~ FROM: Robert D. Hutchins, Building Official RE: Stonegate Apartments Toronto Ave. Following are the results of the preliminary plan review for the Stonegate Apartment building. Our review was based on the Minnesota State Building Code (MSBC) which adopted with amendments the 1997 Uniform Building Code (UBC) with handicap regulations of the Minnesota Accessibility Code Chapter 1341 and with requirements of the 1998 Minnesota State Fire Code (MSFC) which adopted with amendments the 1997 Uniform Fire Code (UFC). 1. Submit signed construction architectural, structural, site, utility plans indicating locations of adjacent Fire Hydrants, and a Certificate of Survey. 2. Submit signed HV AC, plumbing, fire alarm, and sprinkler plans. May be submitted at a later date. 3. Submit the Structural Engineers requirements for Special Inspections UBC 1701.5. 4. Ventilation for the building must meet UBC chapter 12. Provide 15 CFM of ventilation per occupant in the Apartments and 3/4 CFM per square foot of floor area in the Parking Garage. 5. Complete a Building Code analysis. 6. Provide the Illumination Budget Calculation Summary, MN Energy Code Part 7670.080. 7. Provide a Sound Transmission Class of 50. UBC Appendix 1208. 8. Submit Energy Envelope Calculations. MN Energy Code 7670.0100 9. Submit a soils report. @Structural Engineer to assess soil bearing requirements for adjacent buildings on the East side of property in close proximity of proposed retaining walls. 11. Provide detail of occupancy separation penetration firestopping. UBC 106.3.3 -~ 12. Address UBC sections 706 Fire-resistive Joints, 708 Draft stops, 709 Penetrations, 710 Floor Ceilings, and 711 Shaft Enclosures. 13. Provide an accessible drinking fountain and a cutsheet detail. MSBC 1305.1795 14. Two percent of Units must be HDCP Accessible, remainder must be adaptable. MSBC 1341 Table 16.2. c..Vrovide a Post Indicator Valve (PIV) on sprinkler supply line into building. Locate a "" minimum distance away the height of the building. @provide a Fire Hydrant within 150 feet of the Fire Department connection and all areas of the building shall be within 300 feet of a Fire Hydrant. 17. Provide a Class III standpipe in each stairway. MSBC 1305.0904 Subp 7. 18. Provide not less than one standpipe for use during construction. UBC 904.6.2 ~vide 90" ceiling height cleanmce ,in interior parking gar. age for Fire Department G'paratus access. '~L.l"J{1> '1""-1'4J< clODr' 20. Automatic garage doors to comply with State of Minnesota Statutes. MSBC 1300.5900 21. Provide two parking spaces for commuter van. MSBC 1300.4100. 22. Provide a recycling space. MSBC 1300.4700. This is a preliminary review only. Other code items will be addressed when the final plans are submitted. The building plans must be reviewed by the Cities Developmental Review Committee (DRC) which consists of representatives of Planning, Engineering, Parks, Finance, and Building Departments. The DRC must approve the plans before a building permit can be issued. -~ 2 NOTICE OF HEARING FOR CONDITIONAL USE PERMIT You are hereby notified that the Prior Lake Planning Commission will hold a hearing at Prior Lake Fire Station #1, located at 16776 Fish Point Road, SE (Southwest of the intersection of CR. 21 and Fish Point Road), on Monday, February 28, 2000, at 6:30 p.m. or as soon as possible thereafter. APPLICANT: Affordable Housing Solutions LLC SUBJECT SITE: SE corner of Tower Street and Toronto Avenue LEGAL DESCRIPTION: Lot 2, Block 3, Brooksville Center 1st Addition, according to the recorded plat thereof on file and of record in the office of the County Recorded, Scott County, Minnesota, except the westerly 80.00 feet thereof. REQUEST: The applicant is requesting a Conditional Use Permit for a 43 unit multiple family dwelling. The property is zoned R-4 High Density Residential. Section 1102.703 requires a conditional use permit for such proposed use within this zoning district. If you are interested in this issue, you should attend this hearing. The Planning Commission will accept oral and/or written comments. Questions related to this hearing should be directed to the Prior Lake Planning Department by calling 447-4230 between the hours of 8:00 a.m. and 4:30 p.m. Jenni Tovar, Planner City of Prior Lake PUBLISHED IN THE PRIOR LAKE AMERICAN ON February 12, 2000. f:\dep~planni[1g\00file.s\00cup\00-01 0\00-01 pn.doc 16200 Eagle Creek Ave. S.c., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER '" AFFIDAVIT OF SERVICE BY MAIL COUNTY OF SCOTI ) )ss STATE OF MINNESOTA) of the City of Prior Lake~~1J11ty of Scott, State of Minnesota, being d. uI .swom, says on the li day of ~ 2~served the a~st_~ns to bave an interest in the 'l!!. -h~ , by aJ.lmg them a copy thereof, enclosed in an envelope, postage prepaid, and be depositing same in the post office at Prior Lake, Minnesota, the last known address of the parties. Subscribed and sworn to be this day of , 2000. NOTARY PUBLIC L:\DBPTWORK\BLANKFRM\MAILAFF.DOC NOTICE OF HEARING FOR CONDITIONAL USE PERMIT You are hereby notified that the Prior Lake Planning Commission will hold a hearing at Prior Lake Fire Station #1, located at 16776 Fish Point Road, SE (Southwest of the intersection of CR. 21 and Fish Point Road), on Monday, February 28, 2000, at 6:30 p.m. or as soon as possible thereafter. The applicant has requested this hearing be continued to March 13, 2000 to allow for plan changes as recommended by staff. APPLICANT: Affordable Housing Solutions LLC SUBJECT SITE: SE corner of Tower Street and Toronto Avenue LEGAL DESCRIPTION: Lot 2, Block 3, Brooksville Center 1st Addition, according to the recorded plat thereof on file and of record in the office of the County Recorded, Scott County, Minnesota, except the westerly 80.00 feet thereof. REQUEST: The applicant is requesting a Conditional Use Permit for a 43 unit multiple family dwelling. The property is zoned R-4 High Density Residential. Section 1102.703 requires a conditional use permit for such proposed use within this zoning district. If you are interested in this issue, you should attend this hearing. The Planning Commission will accept oral and/or written comments. Questions related to this hearing should be directed to the Prior Lake Planning Department by calling 447-4230 between the hours of 8:00 a.m. and 4:30 p.m. Jenni Tovar, Planner City of Prior Lake PUBLISHED IN THE PRIOR LAKE AMERICAN ON February 12, 2000. Date Mailed: February 17, 2000. f:\depfiplanning\00fil~s\00cup\00-01 0\00-01 pn.doc 16200 Eagle Creek Ave. S.t.., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER LOT BLOCK 2 ~ , 'T1T~TJ~; _._J j ~ ~~ 1_. _u _ _ _ __ ___ ,._ ___ ~i;::E:~-~E ~ \.;~~I~ _.T_ r-'-r-Te:-~~~~ WOW cw----1 ,I ..,:-"'2-.._ I - -;--- r~2O"'-W~ I I 'I I I / :' N(h_ (-- TOWER"-1 f Ii , ~,MENfCURB ..!T.ll81i'~ ~ G~::'~r;l'J~:in-;rf\-'~:-=t-;;:. '. -,~~~ 'lr~,\ ! It,\ \\ I:;' \\ ~\ .i ",\ I ~ ! I 9 , ~ ;1 CJ z ~ ~ I- 0 ..l il - --r.... 1\: \ Jr."',, ,;" : \ I . I i \ f \ I, ' o C ~.77~ ... , < SHADED AREA INOICATES400SQ. F_T -.II- I -- ~~e-- '---," -). . , .-." r' FRONTYAROAEOUIREMENTS' \ ~'~;--:fT~~:~_E ~,~:=~_hE,_T~~_~ ~..~ ~t.-~=;~~~=- , , I . I I ,:ftWE~ T - ~ ~~~T~ L-- \ 1, Z7~.12 ~G( _~ _ "~19.r~::'E:~;:::~~~..;:'~~__~.~~:T! ~ ~ I t ~- ,-' &-' - - - -- .. -- \' \ 'I \ I~\ i . '-\', '. I,,' i , , \' \ /\ \ ; , , \~,"- \ ~\ \ ,:" ',:\ \ \ '~ \ ; \ \ .. d -8000 11\\ . , - \ II \ ;,.: i '. : 1\ Vi; ~I: \-1" :-'\ ' : o~. .: " " j I 'I " '_ I :\ t~ -"\ \ \.' : ' I II i :1 : Il W \ f I ' 'i ::> ~ . 1 i: m 9,1 ..' 'I > S ~ ~ .~ ~.I : I ,'"'f2' '~ z o a: ~ . SHADED- AREA INDICATES 400 sa. FT PEA OWEWNG uSAa..E OPEN SPACE :;'OE YARD AEQUIAEMENTS 17,200 sa Ff -':' ) J; _ 4 .,," "/ . - '. .Jc1 ,'~ ...... I ' /_~ j..........OO" I I' 982'-<1" <,.- ~ ! ! 1/ CURBHGT "'-- ' ! ' i l i , !, : I I WOODRIDG~ I 4'.0" MAX. HOT .~ RETAINING WAUS SEE CIVIL PlAN 17E)TH i ",.,.. .' 1 N TnprA&~ 1lW.1l7~ ~~-> T ~TATES I ! I 1 ST ADDITION ~ I 80 SCALE I' 30' I 60' l STONEGATE APARTMENTS SITE PLAN SCALE: 1" = 30'.0" 1-28-2000 il ~ ~ ~ > ..l Z o 3: w :> w a: ~ U a: o u. ~ ~ CJ z is :;) Ou ~ ~::Iw~ ..lUJ8z ~Z~2_ aQCS! lli~Sfillu ~ t:5!~ CUJ :;:2 z o i= u ::) a: ?- m z o u a: o u. .... o z (I) wto- z to- Z ::0 cr:W CJ i! ui ~a: ~ o cr: II: to- Go Q (I) cr: l!: z ~ :5 0 '" a. II - W w t: :;! en u en !+-< ~~U -'" ~ ~Zo (C Za: . ,v<z ~~:=~ . ~2 ,..., ~>w ....,.a: rI) (JW::( Q,) W-'lt; "'C ~~G. ~:J:>% .c:: UQlW U~i~ ....0 a. aN .~ .. m.. ;~ ;!e -x '"< ~~ o > ,. ARCHITECT 8 ~ You are nereby notified tnat tne Prior Lake Ptanning commisston will nold a neartng at Prior Lake Fire Station #1, located at 16776 Fisn point Road, SE (Soutnwest of tne interseclion of CR 21 and Fisn point Road), on Monday, Marcn 27, 2000, at 6:30 p.m. or as soon as possible thereafter. Tnis is a contInued public nearing from Marcn 13,2000 as requested by tne appHcant. APPLICAIIT: Affordable Housing Solutions LLC 1I0TICE OF HEARlIIG FOR COIIDITIOIIAL USE PERMIT b ~ SUBJECT S\TE: SE corner of Tower street and Toronto Avenue Lot 2, Block 3, Brooksville Center I" Addition, according to tne recorded piat tnereof on file and of record in the office of the County Recorded, scott County, Minnesota, except the westeMy 80.00 feet tnereof. The appiicant is requesting a Conditional Use Permit for a 43 unit multiple famiiy dweliing. The property is zoned R-4 Hign Density Residenliai. Seclion 1102.703 requires a condilional use permit for sucn proposed use within this zoning district. ... LEGAL DESCR\PT\ON: REQUEST: ~ ~ ~ 'I ~ ~ .i... 1-' ra (Li. if you are interested in tnis issue, you snouid attend tnis nearing. The Pianning Commission will accept oral andlor written comments. Queslions reiated to tnis nearing snould be directed 10 lhe Prior Lake Planning Department by caliing 447-4230 between tne nours of 8:00 a.m. and 4:30 p.m. ~ { i J~i : : ; .' Jenni Tovar, Planner City of Prior Lake PUBLISHED III THE PRIOR LAKE AMERICAII 011 February 12,2000. Date Matted: February 17, 2000, Marcn 3, 2000, and Marcn 17 , 2000. WOOO~I STONE iCALE: 1" = 3D' f:\deptlPlanniDQ\OOfileS\Q{)GUP\OO-O 1 0\00-01 pn3 .dP.c 16200 Eagle e,eeK Me. :;. c., Pnor LaKe :Minnesota "0372.1714 I Pn. (612) 447-4230 I Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER ..' .... AFFIDAVIT OF SERVICE BY MAIL COUNTY OF SCOTI ) )ss ST ATE OF MINNESOTA) of the City 2flJior Lake, 000 of Scott, State of Minnesota, being dul sworn, says on the ~ day of 2000 she served the attached list of persons to have an interest in the .... ~ ~r . · by mailing to them a copy thereof, enclo d in an envel e, postage prepaid, and be depositing same in the post office at Prior Lake, Minnesota, the last known address of the parties. Subscribed and sworn to be this clay of , 2000. NOTARY PUBLIC L:\DEPTWORK\BLANJCFRMIMAILAF'OOC NOTICE OF HEARING FOR CONDITIONAL USE PERMIT You are hereby notified that the Prior Lake Planning Commission will hold a hearing at Prior Lake Fire Station #1, located at 16776 Fish Point Road, SE (Southwest of the intersection of CR. 21 and Fish Point Road), on Monday, March 13, 2000, at 6:30 p.m. or as soon as possible thereafter. This is a continued public hearing from February 28, 2000 as requested by the applicant. APPLICANT: Affordable Housing Solutions LLC SUBJECT SITE: SE corner of Tower Street and Toronto Avenue LEGAL DESCRIPTION: Lot 2, Block 3, Brooksville Center 1 sl Addition, according to the recorded plat thereof on file and of record in the office of the County Recorded, Scott County, Minnesota, except the westerly 80.00 feet thereof. REQUEST: The applicant is requesting a Conditional Use Permit for a 43 unit multiple family dwelling. The property is zoned R-4 High Density Residential. Section 1102.703 requires a conditional use permit for such proposed use within this zoning district. If you are interested in this issue, you should attend this hearing. The Planning Commission will accept oral and/or written comments. Questions related to this hearing should be directed to the Prior Lake Planning Department by calling 447-4230 between the hours of 8:00 a.m. and 4:30 p.m. Jenni Tovar, Planner City of Prior Lake PUBLISHED IN THE PRIOR LAKE AMERICAN ON February 12, 2000. Date Mailed: February 17, 2000, and March 3,2000. f:\dept\planning\OOJiI.es\OOcup\OO-O 10\00-01 pn2.doc 16200 Eagle Creek Ave. S.c., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER NOTICE OF HEARING FOR CONDITIONAL USE PERMIT You are hereby notified that the Prior Lake Planning Commission will hold a hearing at Prior Lake Fire Station #1, located at 16776 Fish Point Road, SE (Southwest of the intersection of CR. 21 and Fish Point Road), on Monday, March 27, 2000, at 6:30 p.m. or as soon as possible thereafter. This is a continued public hearing from March 13, 2000 as requested by the applicant. APPLICANT: Affordable Housing Solutions LLC SUBJECT SITE: SE corner of Tower Street and Toronto Avenue LEGAL DESCRIPTION: Lot 2, Block 3, Brooksville Center 1st Addition, according to the recorded plat thereof on file and of record in the office of the County Recorded, Scott County, Minnesota, except the westerly 80.00 feet thereof. REQUEST: The applicant is requesting a Conditional Use Permit for a 43 unit multiple family dwelling. The property is zoned R-4 High Density Residential. Section 1102.703 requires a conditional use permit for such proposed use within this zoning district. If you are interested in this issue, you should attend this hearing. The Planning Commission will accept oral and/or written comments. Questions related to this hearing should be directed to the Prior Lake Planning Department by calling 447-4230 between the hours of 8:00 a.m. and 4:30 p.m. Jenni Tovar, Planner City of Prior Lake PUBLISHED IN THE PRIOR LAKE AMERICAN ON February 12, 2000. Date Mailed: February 17, 2000, March 3, 2000, and March 17,2000. f:\dep.fiplaon jJ1Q\OOfil.es\ODc;:up\OO-O 10\00-01 pn3.do.c 16200 Eagle DeeK Aile. ~.E., Pnor Lake, Minnesota 5b372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER LOT BLOCK 2 SHAllED AREA INDICATES G sa. F.T _ DWBJ.JNG lJ!IASle OPEN SP.oce ,. ,,\\ \ \ " ~ '. I \! " ,\ /\\ ' I,' ! \ : :\ \ ; J\ \ \ ~i ~ \, \ ~ " \ \ "I': \ ~ ':~', l \!~ ./ '\ \ ." ',' \ \'" , ~ 'J ' , t \.. ". \ y . \! W \ ,/' I ::;) , ! 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SCALE k I 10' l STONEGATE APARTMENTS SITE PLAN ,CALE: 1" = 30'-0" 2-21-2000 > ...J Z o 3: w :> w ex: ~ U ex: o u.. w s: w II: >- I- o ~ !ll ~ II: ~ qi N " z US :::l go ~ IIdg:il ..1",_% IDzII:2 C!io~< ffi~~@~ ~I::s!~ 0((1) .:=; z o b ::J a: I- en z o (.) a: o u.. I- o Z en w'" ' ...z ~ lII(W :,t CJ:e - iii... W ~a: 3 ...~ ~ U) lII( it z <;> :5 ~ a.. II ~ W w ~ -' < en u rn ~ ~!i ;~ "C ZQ __ as ~P:z ..., ~ ~~~ ;; . ill" __ ~ ~>w .s ...>-11: -Jill rn UIU. ~_:. ~Qlj~ ...!:ocL ~ =:<>z ..c "/:" U~I~ ,. ARCHITECT R m )> en -f m r m < )> -f o Z -ll I ! I IR i " I I I I z ~ C3 JJ C'> o z CIl -i JJ C C'> -i 5 z III III ~ ~ ! ~ ~ ! " " i1 .. iD ~ .. ~ .. ii ~ 0 ~ ~ I!l ~ ~~ ~ to l ~ f ~ ~ ~ ~ ~ ~ ~ I' f ~ ~ ~ ~ ~ ~ '" ~ ~ !:l , j .. , ~ , .. !il !il !il !il !il !il I ~ ~ ~ ; ~ ~ .~ ~ ... ~ ~ ~ ~ ~ ~ !" m m m ~ ~ ~ ~ ,. ~ ,. !:! ~ !:! I e ~~ ~~ 00 I <;~c~~!;U: ~~~~~!f [ EAST & WEST ][AFFORDABLE HDU&lNG ] C'- j ;:s. -.. .- - . 1~ ..7tlVAUIYVIIW 110_ ELEVATIONS 11 STONEGATE SOLunoNS LLC ~ "-ifl:..1(i;)I:; "_~Cll"''' IO.....Il..lllt....'''... _ APARTMENTS 4101 REOOAC RIDGE .-. VOlcr 'I'll ."'....' 118"..1'~. J I PRIOR ""'"', MN. ~0l<<A.'" 66Mi 2l............F<lRaTY..... ' -. 7J!;;:.-/.f:+j..ll/" I[OCS """ '......,2'..,....0 '. [ I I I j.i I . I I I I I I I I I I [ I I [ ~~.~ I H I m;j I Ii: I 'IQ!j[ Q;m1~.p:l S~.. l"'_~; J~~ ~ ~ h~!:! 4~ ~ ;1,~~~ .~~I~ '~-" 'g!~~. " '~-. ~'" ~"ilI" :: ;>C "II" , 8 ~~ ' BJ;i!i~!l! < ill;", "'f" I I I ~ ." o :0 C'> ~ JJ m < ffi ::E o z r -< ! i I ._....(.. r [ [ , I ; , I I! i 1'1 I I, ~' II : t \ "iC",-..:;...::t-_, I I .-. II I I I I 'l-~llllY I~ I HI I ,,, I , Q Uml a i"~ "j ~I; ~~~ ~ ~ li3!:! ~ ~='" ~,"J~ ~a'~ ~ Q!:i~ ~~ ' 8aa :18 ;z5!l! lIJj" I ~ 1m.., I , , . I I Laser 5160~ MICHAEL G & DENISE MANSFELDT 17060 TORONTO AVE PRIOR LAKE, MN 55372 LEON W KARG 17077 TORONTO A VB SE PRIOR LAKE, MN 55372 CRAIG A STATON 17025 TORONTO AVE PRIOR LAKE, MN 55372 JOEY E & KARLA K MENDEN 4678 OAKWOOD CIR SE PRIOR LAKE, MN 55372 DENNIS J & LISA M STIER 4526 POND VIEW TRL SE PRIOR LAKE, MN 55372 MARK W HENNEN 4666 OAKWOOD CIR PRIOR LAKE, MN 55372 CHRISTINE F HARDNER 4677 OAKWOOD CIR SE PRIOR LAKE, MN 55372 DAVID J & RENAE J LAWRENCE 4704 OAKWOOD CIR SE PRIOR LAKE, MN 55372 COVERDALE FAMILY L TD PTNSHP 1783 FRY ST ROSEVILLE, MN 55113 THOMAS M & MARY K HAUGH 17041 TORONTO AVE PRIOR LAKE, MN 55372 EUGENE L & LINDA L SELLNER 4525 POND VIEW TR PRIOR LAKE, MN 55372 TODD A HOPKINS 4654 OAKWOOD CIRCLE PRIOR LAKE, MN 55372 JAMES T & ANGELA G ERICSON 4544 POND VIEW CT PRIOR LAKE, MN 55372 NORMAN ROME & KELLY J DANIEL 4690 OAKWOOD CIR SE PRIRO LAKE, MN 55372 MARK K & LORI J FRIEDRICH 4718 OAKWOOD CIR PRIOR LAKE, MN 55372 DIANE M ROGERS 4543 PONDVIEW PRIOR LAKE, MN 55372 NEIL BODERMAN 6508 GLEASON CT EDINA, MN 55436 PAMELA L BOLTZ 4562 POND VIEW TRL SE PRIOR LAKE, MN 55372 VETERANS ADMINISTRATION LOAN GUARANTY DIVISION WHIPPLE FEDERAL BLDG FORT SNELLING ST PAUL, MN 55111 NEW CENTURY CONSTRUCTION 23545 CEDAR A V FARMINGTON, MN 55024 CITY OF PRIOR LAKE CITY ADMINISTRATOR 16200 EAGLE CREEK A V PRIOR LAKE, MN 55372 BRUCE H & DIANNE ERICKSON 16313 NORTHWOOD RJ) PRIOR LAKE, MN 55372 JEFF A GERDES 4565 POND VIEW TRL PRIOR LAKE, MN 55372 DUANE T & CHERYL M HAZEL 17076 TORONTO A V SE PRIOR LAKE, MN 55372 PETER G & DAWN M RAU 17010 TORONTO A V SE PRIOR LAKE, MN 55372 SRMM INVESTMENTS 1000LYNWAY HASTINGS, MN 55033 LYNNE M & ANDREW S WHITING 17057 TORONTO AVE SE PRIOR LAKE, MN 55372 BROOKSVILLE LTD PARTNERSHIP % CORRlNEBE~GTON PO BOX 47656 PLYMOUTH, MN 55447 CRAIG T GOETZ 17077 TORONTO AVE SE PRIOR LAKE, MN 55372 AFFIDAVIT OF SERVICE BY MAIL COUNTY OF scan ) )ss STATE OF MINNESOTA) of the City of Prior Lak~Scott, State of Minnesota, being dul sworn, says on the J1-. day of . 2000, she served themhed list of persons to have an interest in the ~ ~ ~ -(')\ 0 , by m g to them a copy therd,t enclosed in an envelope, postage prepaid, and be depositing same in the post office at Prior Lake, Minnesota, the last known address of the parties. Subscribed and sworn to be this day of . 2000. NOTARY PUBLIC L:\DEPTWORK\BLANKFRM\MAILAFFD.DOC LOT .. BLOCK 2 SHADED AREA INDICATES 400 sa. F.r PEA OWB.1JNG USAIlLEOI'EN SPAC€ FAONT yARl)REQUlREMENTS . _ _ -- ~_"': ~ -- ,- -- Lm -1-,--- -- f \ ..~..T._..__._T_...__T.~T_T_T / T-=---l ~T-.....-t--=- E__.J_. ._1:_ _~_ e "I~--r-_.._,=~~.=__c_ 20"" t---.. -r- ; I ;zcr-w - ..~-~J- I \: ..- n. '---B--Cl.-_G.. ~- .- Iii \ ~ \ \ it \ \ ! [ \ \ c11 II I '\' \\,: " ,\ " , ,\ ,\ \ i \ f \ t\ \ ...'" :\ , I ; \ \ \. ~J \ cd.) ~~",' ::il i ,\ 1 ... "'. ; :\'" . '. ; ~ 'J ' .. \ r w "\ /y' d :::::> " i I Z ~~ j I w ~ ij / ~ ~ ~ 1:1 ~ S i:' 10 ,., 0: ,,,.'~"'i.' Z o a: ~ . 12'-crCONC. f> AP~"'~ /1.-'1 ;, I .J SHADED AREA INOICATES400SO. F,r PER DWEWNG USAB.E OI'EN aPACE SIDE YARD REQUIREMENTS 17,ZlO SO PT ~\ ~ I ~ ! i1! , ' , J~; ! ,I , , . ( J II ., ' "I ' , "I : , I : l INDl=ED400~ F,r ~ us:.n=-':'ACE SIDE YARD REQUSREMENTS 17$lClOO. FT. i .,.~~~~~~E1,'C'TES400~'F"', <><:'.,.-~:.:~~:~~;~~;:~~'- ,- PERDWEUJNG1lS~OPENSP~E ..._~~..~ '. --,_ _---\_..-.-' ~~~EMENTS \ ",~,~-:::..-....~~:'.,..--~-.-.-.- : \ M;;" cuRs HoT. 99Q.q -" ; . ; 17,~TH _,iS~R~ET L:!_ ~~ Top08U3 WIV.lIiTl.33 "'1' ~ I ,> /' ,,- /I II fTATES I N 1 ST ADDITION n_ n1- eo SCALE 30' .1 d STONEGATE APARTMENTS SITE P~ SCALE: 1" = 30'-0" 2.21.2000 Ii ~ Ii! z ii >- -1 Z o ;: UJ > w 0: ~ C3 a: o l,L. UI 5 UI I!: > ... iJ ~ tll ~ il!: ~ 'l' Cl z US :) 0(.) ~ ~:jg:ll ..Iin_z IDZll::i ffii~~~ ~ ~S!~ 0(0:;;2 z o t5 :J a: I- CJ) 5 (,) a: o LL. b z I&J ~ . ...z ~ ffi~ ~ ~t: ~ ...~ ~ en c( If z c :5 .' ~ Q. II ~ ~ w -' < en ~ ~ ~~i ;~ "10 z", __ cq ~JCz ~t~i ~~>w 0->-"' (/} UiUc .!! ~ja: ... _co. ed :r>z .c~J!:~ U <lIw ,. ARCHITECT .. .... ;; -- o!!!. -x w< ~.. o > ~ m )> en -I m r m < )> -I o Z -ll I ! i i ~ ! I I ~ II~ "f< ;.<~ ;}j: m ~ !G E 6 !G 'n 'n ~ '" '" s '" ~ ~ .. ~ '" ~ ~ ~ g: ~ I'l f!! = a ~ Q 0 '" i ~ !; '" i ~ ~ ,. ~ ~ ~ ; !B '" IE m ,. 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' I I 'T1 o :0 () ~ :0 ~ iii ~ o Z r- -< Smooth Feed Sheets™ MICHAEL G & DENISE MANSFELDT -1'7060 TORONTO AVE PRIOR LAKE, MN 55372 LEON W KARG 17077 TORONTO AVE SE PRIOR LAKE, MN 55372 CRAIG A STATON 17025 TORONTO AVE PRIOR LAKE, MN 55372 JOEY E & KARLA K MEND EN 4678 OAKWOOD CIR SE PRIOR LAKE, MN 55372 DENNIS J & LISA M STIER 4526 POND VIEW TRL SE PRIOR LAKE, MN 55372 MARK W HENNEN 4666 OAKWOOD CIR PRIOR LAKE, MN 55372 CHRISTINE F HARDNER 4677 OAKWOOD CIR SE PRIOR LAKE, MN 55372 DAVID J & RENAE J LAWRENCE 4704 OAKWOOD CIR SE PRIOR LAKE, MN 55372 COVERDALE F AMIL Y L TD PTNSHP 1783 FRY ST ROSEVILLE, MN 55113 THOMAS M & MARY K HAUGH 17041 TORONTO AVE PRIOR LAKE, MN 55372 I1AVERY@ Address labels EUGENE L & LINDA L SELLNER 4525 PONDVIEW TR PRIOR LAKE, MN 55372 TODD A HOPKINS 4654 OAKWOOD CIRCLE PRIOR LAKE, MN 55372 JAMES T & ANGELA G ERICSON 4544 PONDVIEW CT PRIOR LAKE, MN 55372 NORMAN ROME & KELLY J DANIEL 4690 OAKWOOD CIR SE PRIROLAKE,MN 55372 MARK K & LORI J FRIEDRICH 4718 OAKWOOD CIR PRIOR LAKE, MN 55372 DIANE M ROGERS 4543 POND VIEW PRIOR LAKE, MN 55372 NEIL BODERMAN 6508 GLEASON CT EDINA, MN 55436 PAMELA L BOLTZ 4562 POND VIEW TRL SE PRIOR LAKE, MN 55372 VETERANS ADMINISTRATION LOAN GUARANTY DIVISION WHIPPLE FEDERAL BLDG FORT SNELLING ST PAUL, MN 55111 NEW CENWRY CONSTRUCTION 23545 CEDAR A V FARMINGTON, MN 55024 Use template for 5160@ CITY OF PRIOR LAKE CITY ADMINISTRATOR 16200 EAGLE CREEK A V PRIOR LAKE, MN 55372 BRUCE H & DIANNE ERICKSON 16313 NORTHWOOD RD PRIOR LAKE, MN 55372 JEFF A GERDES 4565 PONDVIEW TRL PRIOR LAKE, MN 55372 DUANE T & CHERYL M HAZEL 17076 TORONTO A V SE PRIOR LAKE, MN 55372 PETER G & DAWN M RAU 17010 TORONTOAV SE PRIOR LAKE, MN 55372 SRMM INVESTMENTS 1000LYNWAY HASTINGS, MN 55033 LYNNE M & ANDREW S WHITING 17057 TORONTO AVE SE PRIOR LAKE, MN 55372 BROOKSVILLE LTD PARTNERSHIP % CORRINE BENNINGTON PO BOX 47656 PLYMOUTIf, MN 55447 CRAIG T GOETZ 17077 TORONTO AVE SE PRIOR LAKE, MN 55372 Laser 5160@ ORDER NO.: 06107249 WALSH TITLE & REAL ESTA it has made a search in County Auditor in and f following is a list of feet of legal stated be '. ... j , )] ',- i ii . \/j j ,i.\! IAlI 2 8 2000 ! i\'\ i '"" : I' I lJ 11 L -'-- RADIUS REPORT E SERVICES, INC. does hereby certify that the office of the County Recorder and the r Scott County, State of Minnesota. The ames and addresses of owners within 350 ow: LEGAL DESCRIPTION: Lot 2, Block 3, Brooksville Center 1st Addition NAMES AND ADDRESSES: llfemier Equity Investme inc v3237 Hennepin Ave. Minneapolis, MN 55408 ~overdale Family Ltd 1783 Fry St. Roseville, MN 55113 Aeil Boderman 6508 Gleason Ct. Edina, MN 55436 ~l Boderman 6508 Gleason Ct. Edina, MN 55436 ~ Investments 1000 Lyn Way Hastings, MN 55033 ~ew Century Constructio 23545 Cedar Ave. Far.mington, MN 55024 ~effrey & Deanna Musolf 4679 Tower St. Prior Lake, MN 55372 \~/Progress Development 1304 Forest Park LN Burnsville, MN 55337 Lyle A. << Corby Jo Bakken 4376 Hickory Hills Trail Prior Lake, MN 55372 (6 parcels) /'Mabel J. Hagen l/ 4660 Tower St. SE Prior Lake, MN 55372 John M. Graham 4660 Tower St. SE P?ior Lake, MN 55372 l-/-Geff << Colleen Loftsgaarden 1304 Forest Park Ln Burnsville, MN 55337 (5 parcels) / l~regory S. << Margaret A. Koch 4660 Tower St. SE #132 Pripr Lake, MN 55372 / ~9hwOod Limited Partnership 331 2nd Ave. N Minneapolis, MN 55401 ~nnis J. and Lisa M. Stier 4526 pondview Trl SE Pr~or Lake, MN 55372 ~es T. << Angela G. Ericson 4544 pondview Ct Prior Lake, MN 55372 ~~es P. Kraska 4562 pondview Trl SE Prior Lake, MN 55372 ~~ter G. << Dawn M. Rau 17010 Toronto Ave. SE Prior Lake, MN 55372 I ~atrick G. Bauer 'V/ 17026 Toronto Ave SE Prior Lake, MN 55372 I~ugene L. << Linda L. Sellner \I 4525 pondview Trl Prior Lake, MN 55372 ,/ /James A. Gustin 4543 Pondview Trl SE Prior Lake, MN 55372 ~ff A. Gerdes y4S65 Pondview Trl Prior Lake, MN 55372 ~hael G. & DenisLMansfeldt 17060 Toronto Ave. Prior Lake, MN 55372 ~ne T. & Cheryl M. Hazel 17076 Toronto Ave. SE Prior Lake, MN 55372 / ~i J. Schreiner :.~17025 Toronto Ave. Prior Lake, MN 55372 ~omas M. & Mary K. Haugh 17041 Toronto Ave. Prior Lake, MN 55372 -~e M. & Andrew S. Whiting ~~7 Toronto Ave. SE p~or Lake, MN 55372 ~raig T. & Tammy S. Goetz 17077 Toronto Ave. SE Prior Lake, MN 55372 ~obert B. & Constance L. Peer L 4640 Oakwood Cir. SE Prior Lake, MN 55372 L../~y E. Olson 4654 Oakwood Cir. Prior Lake, MN 55372 ~rk W. Hennen 4666 Oakwood Cir. Prior Lake, MN 55372 ~ E. & Karla K. Menden 4678 Oakwood Cir. SE Prior Lake, MN 55372 ~r.man Rome & Kelly J. Daniel 4690 Oakwood Cir. SE Prior Lake, MN 55372 ~Vid J. & Renae J. Lawrence 4704 Oakwood Cir. SE Prior Lake, MN 55372 ~ K. & Lori J. Friedrich 4718 Oakwood Cir. Prior Lake, MN 55372 / / ~avid M. Jasper 4677 Oakwood Cir. SE Prior Lake, MN 55372 Dated this 10th day of January, 2000 at 7:00 a.m. WALSH SERVICES, INC. BY ~lSZ2 7' . .., I. o'\'}o w- 3 ~; ~ ". !~; : f" - ~ -- -'i;;U;;"U~io'O U'tjiJ ~ . : ..r... "-, ,~ O'f~ -0 d~'o/!J;; - . J1A- ..". '..-. ~,,-:::,. j ~ai.j.h System M I ili'1l'sDta. Ie 6 dS40).- '/Olf-D 1-....... WTNERI.. S'NOO "'."2 , -. 5ft ~"'8OlIJU ~.o Cf.&3A 100.00 4.0.00 412..50 '~q(Jl-02:z..1) o iii. 11"70. hOOt5VI lie Apt> TOWER HILL APARTMENT EAST ;)5 ~ZISI I !gLi!~ IllooOOE 10 i 1\- q IJ ~ 0 tf G"r> ,:'I;lW1~! IDA / J _ ''''0 .~ ft / /".qII-tiI2,Di: / I !ilNESl" O!ACOC!, I~ // I I ~,SA 1/ I J 3OJ.~Q .-} {- 1 /1-6 '-15 -3 ,., ;?5"- G...!."Ii wf;.a !.Ilf m'3iD -4 ~I z. -! a: J -I cr K/Cha.yd /f.,f.t.t/~fS Z':"7.::Jzz /5.)tQ A- , t ,...., , , .- " - ,1 11-"11 PI. -,0 " .a Proposed Stonegate Apartments 350' radius o I 500 1000 Feet ~ N ~HAEL G & DENISE MANSFELDT 17060 TORONTO AVE PRIOR LAKE, MN 55372 LEON W KARG 17077 TORONTO AVE SE PRIOR LAKE, MN 55372 CRAIG A STATON 17025 TORONTO AVE PRIOR LAKE, MN 55372 ~Y E & KARLA K MENDEN 4678 OAKWOOD CIR SE PRIOR LAKE, MN 55372 ~IS J & LISA M STIER 4526 POND VIEW TRL SE PRIOR LAKE, MN 55372 ~RK W HENNEN 4666 OAKWOOD CIR PRIOR LAKE, MN 55372 / CHRISTINE F HARDNER 4677 OAKWOOD CIR SE PRIOR LAKE, MN 55372 ~VID J & RENAE J LAWRENCE 4704 OAKWOOD CIR SE PRIOR LAKE, MN 55372 ~VERDALE FAMILY LTD prnSHP 1783 FRY ST ROSEVILLE, MN 55113 vfuOMAS M & MARY K HAUGH 17041 TORONTO AVE PRIOR LAKE, MN 55372 ~NE L & LINDA L SELLNER 4525 POND VIEW TR PRIOR LAKE, MN 55372 TODD A HOPKINS 4654 OAKWOOD CIRCLE PRIOR LAKE, MN 55372 ~ T & ANGELA G ERICSON 4544 PONDVIEW CT PRIOR LAKE, MN 55372 ~N ROME & KELLY J DANIEL 4690 OAKWOOD CIR SE PRIRO LAKE, MN 55372 ~.K & LORI J FRIEDRICH 4718 OAKWOOD CIR PRIOR LAKE, MN 55372 DIANE M ROGERS 4543 POND VIEW PRIOR LAKE, MN 55372 ~ERMAN 6508 GLEASON CT EDINA, MN 55436 PAMELA L BOLTZ 4562 POND VIEW TRL SE PRIOR LAKE, MN 55372 VETERANS ADMINISTRATION LOAN GUARANTY DIVISION WHIPPLE FEDERAL BLDG FORT SNELLING ST PAUL, MN 55111 ~ CENTURY CONSTRUCTION 23545 CEDAR A V FARMINGTON, MN 55024 CITY OF PRIOR ADMINIST R 16200 E E CREEK A V PRIO AKE, MN 55372 BRUCE H & DIANNE ERICKSON 16313 NORTHWOOD RD PRIOR LAKE, MN 55372 ~ A GERDES 4565 PONDVIEW TRL PRIOR LAKE, MN 55372 ~E T & CHERYL M HAZEL 17076 TORONTO A V SE PRIOR LAKE, MN 55372 ~RG&DAWNMRAU 17010 TORONTO A V SE PRIOR LAKE, MN 55372 ~ INVESTMENTS 1000 L YN WAY HASTINGS, MN 55033 ~E M & ANDREW S WHITING 17057 TORONTO AVE SE PRIOR LAKE, MN 55372 BROOKSVILLE LID PARTNERSHIP % CORRINE BENNINGTON PO BOX 47656 PLYMOUTH, MN 55447 ~GTGOETZ 17077 TORONTO AVE SE PRIOR LAKE, MN 55372 ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ; ~ i ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ 8 ~ ~ ~ ~ ~ ~ ~ ~ ~ Z -i a < a ro ~ 0 ~ Z ~ ~ ~ ~ ~ 8 ~ ~ ~ ~ m ~ -i ~ ~ ~ > ~ m 0 ~ ~ 8 ~ ~ ~ r ~ ~ ~ ~ ~ m > m r ~ ~ > ~ ~ ~ N ~ ~ a ~ ~ ~ ~ o ~ 00 ~ 0 ~ m ~ ^ -i ~ >:1: ~ ~ ~ ~ ~ :1: ~ c c ~ ~ Z ~ ~ a ~ 0 -i m Z ~ -i:r: Z z::O a ~ 6 ~ ~ z Z ~ ~ m ~ ;..;.. 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Date II r{dJ ~ I SUBMITTEOOt:U----....-.- AO!Jlir,~JJt Exhibit L_ MICHAEL R. JOHNSON JUNE 9TH, 2001 ~ , 4 2001 I_ I HEREBY CERTIFY THAT TmS PLAN, SPECIFICATION, OR REPORT WAS PREPARED BY ME OR UNDER MY DIRECT SUPERVISION AND THAT I AM A DULY LICENSED PROFESSIONAL ENGINEER UNDER THE LAWSOFfHEffA.TEOF OTA )v..)< . DATE: -lJ~ ~, "l.AO \ MICHAEL R. JO LICENSCE NO: 25493 , ~ . Telephone 952.29.4..4755 . Fax 952.29.4..4595 · 8110 Eden Road · Eden Prairie · Minnesota 553.4.4. mrjengineering@sprYflet.co!,,' ~,:.ill .-........-. .".. ..-.... - ....., _,~",--",',,-"-"._-''''''--'---' ..-._..-_...~-_.._."-_..- ...;.. '.- .-' -_. - .. ..-._._.",-~.... -.-....-...-.--...--.-..:.-..-.-.....- ...........--.---' -- . " :.<. ,~/'~,:: :'::;'..\:. ~..~ :'~". t~'I:.~'~:.;~~:t ;~.;:~ -~~;~;~r>'.:;.~; '-'X~::f:'~ .:; If?:,'i;:\~.:/~r, ~~;:,1 \D%:-, KEYSTONE RETAINING WALL DESIGN Based on Rankine (modified) Methodology 3.1.1 ~. ~'~HCCMPANY Project: Stonegate Apartments Proj. No.: 01-69 Design Parameters " Date: 6/10/2001 By: MRJ ..ulli o o o ~ 120 120 120 J// Soil Parameters ...L Reinforcecl Fill: 26 Retained Fill: 26 Foundation Fill: 26 Reinforce Fill Type: Silts & sands Unit Fill: Crushed Stone, 1 inch minus Factors of Safety Sliding: Pullout: Connection 1--1 1.50 1.50 Overturning: Uncertainties: Peak: 2.00 Bearing: 2.00 1.50 1.50 Serviceability: N/A Base Friction used in Tension of base grid Reinforcing Parameters: Mirafi XT Geogrids Tult RFcr RFd RFid LTDS -XL J!L Miragrid 07XT 4351 1.67 1.10 LlO 2153 1.50 1436 ~ Cds 0.70 . -..:---0.70 Case: Case 20 Wall Batter: 0.00 deg. (Hinge Ht N/A) Analysis: Wall #1 @ 150' Unit Type: Standard 21.5 in Leveling Pad: Crushed Stone Wall Ht: 6.33 ft BackSlope Geometry: 3.00 deg. slope, 5.00 ft long Surcharge: LL -- 200 psfunifOlTIl surcharge DL - 1000 psfunifonn surcharge Offset= 5.00 ft; Load Width= 30.00 ft Slidinl! Overturninl! 2.11 ILlS embedment: 0.50 ft Bearinl! 7.25 Shear 5.61 Results: Factors of Safety: Calculated Bearing Pressure: 1448 psf Eccentricity at base: -0.73 ft Allow. Peak Serviceablity Reinforcing: (ft & Ibs/ft) Calculated Tension Connection Connection Laver Heil!ht Lenl!th Tension Reinf. Tvpe Tal Tel Tsc 3 4.67 13.0 272 Miragrid 07XT 1436 ok 690 ok N/A 2 2.67 13.0 917 Miragrid 07XT 1436 ok 864 N~ N/A 1 0.67 13.0 811 Miragrid 07XT 1436 ok 1038 ok N/A Reinforcing Quantities (no waste included): (% of Rein. Strength Used = 52 %) Miragrid 07XT: 4.33 sy/ft o\c.. Bendine: 6.37 Pullout FS >10 ok 9.25 ok >10 ok Pref: Embed.! Base F.! - 1 - C:\WINDOWS\Desktop\Acad Wall Files\Minnesota\2001 Projects\Ol- 50 to 01-99\01-69-Stonegate\01-69.kwp page ~ of:3- I~.^-.".IY!.." ..""."~. "<< ~I ".::."''''..,.....,.._... ."'...."..,.."..0 "........ ..... "... ~.-- . ... .... . w~/ I~ KEYSTONE RETAINING WALL DESIGN Based on Rankine (modified) Methodology 3.1.1 A ~'~HCOl\lPANY Project: Stonegate Apartments Proj. No.: 01-69 Design Parameters ~ o o o Y.Jff 120 120 120 Soil Parameters J.... Reinforced Fill: 26 Retained Fill: 26 Foundation Fill: 26 Reinforce Fill Type: Silts & sands Unit Fill: Crushed Stone, 1 inch Iilinus Factors of Safety Sliding: Pullout: Connection Date: 6/1 0/200 1 By: MRJ 1.50 1.50 Overturning: Uncertainties: Peak: 2.00 Bearing: 2.00 1.50 1.50 Serviceability: N/A Base Friction used in Tension of base grid Reinforcing Parameters: Mirafi XT Geogrids RFid 1.13 1.10 LTDS 1730 2153 1L 1.50 1.50 Tal 1153 1436 Miragrid 05XT Miragrid 07XT Tult 3591 4351 RFcr 1.67 1.67 RFd 1.10 1.10 -.!L 0.70 0.70 Cds 0.70 0.70 Case: Case 20 Wall Batter: 0.00 deg. (Hinge Ht N/A) Analysis: Wall #2 @ 130' Unit Type: Standard 21.5 in Leveling Pad: Crushed Stone Wall Ht: 5.00 ft BackSlope Geometry: 3.00 deg. slope, 5.00 ft long Surcharge: LL - 0 psfunifonn surcharge DL - 800 psfuniform surcharge Offset= 5.00 ft; Load Width= 30.00 ft Slidinl! Overturninl! 1.78 8.43 embedment: 0.50 ft Results: Factors of Safety: Calculated Bearing Pressure: 905 psf Eccentricity at base: -0.31 ft Reinforcing: (ft & lbs/ft) Calculated Layer Hei~ht Lemrth Tension Reinf. TVDe 2 3.33 9.0 216 Miragrid 05XT 1 1.33 9.0 578 Miragrid 07XT Reinforcing Quantities (no waste included): Miragrid 07XT: 1.00 sy/ft Miragrid 05XT: 1.00 sy/ft Bearinl! 8.27 Allow. Peak Tension Connection Tal Tel 1153 ok 463 ok 1436 ok 864 ok ( % of Rein. Strength Used = 42 %) Shear 8.89 Bendinl! 8.69 Pullout FS > 10 ok 7.25 ok Pref:Embed.l Base F.I - I - C:\WINDOWS\Desktop\Acad Wall Files\Minnesota\2001 Projects\OI- 50 to o 1-99\0 1-69-Stonegate\0 1-69.kwp page ~ of 2 Serviceablity Connection Tsc N/A N/A KEYSTONE RETAINING WALL DESIGN Based on Rankine (modified) Methodology 3.1.1 A CX'~HCOMPANY Project: Stonegate Apartments Proj. No.: 01-69 Design Parameters " Date: 6/10/2001 By: MRJ ~ o o o LJ?fi 120 120 120 Soil Parameters -!L Reinforced Fill: 26 Retained Fill: 26 Foundation Fill: 26 Reinforce Fill Type: Silts.& sands Unit Fill: Crushed Stone, 1 inch minus Factors of Safety Sliding: Pullout: Connection 1.50 1.50 Overturning: Uncertainties: Peale: 2.00 Bearing: 2.00 1.50 1.50 Serviceability: N/ A Base Friction used in Tension of base grid Reinforcing Parameters: Mirafi XT Geogrids Tult RFcr RFd RFid L TDS -EL Tal Miragrid05XT 3591 1.67 1.10 1.13 1730 1.50 1153 ~ Cds 0.75 - 0.75 Case: Case 13 Wall Batter: 0.00 deg. (Hinge Ht N/A) Analysis: Wall #3 @ 80' Unit Type: Standard 21.5 in Leveling Pad: Crushed Stone Wall Ht:. 5.00 ft BackSlope Geometry: 3.00 deg. slope, 5.00 ft long Surcharge: LL -- 0 psfuniform surcharge DL - 300 psfuniform surcharge Offset= 5.00 ft; Load Width= 30.00 ft Slidinl! Overturninl! 1.48<< 4.34 embedment: 0.50 ft Bendinl! 8.69 Results: Factors of Safety: Calculated Bearing Pressure: 789 psf Eccentricity at base: 0.63 ft · Reinforcing: (ft & 1bs/ft) Calculated Laver Hei~ht Lenl!th Tension Reinf. Tvne 2 3.33 6.0 170 Miragrid 05XT I 1.33 6.0 370 Miragrid 05XT Reinforcing Quantities (no waste included): Miragrid 05XT: 1.33 sy/ft Bearinl! 5.42 Shear 13.88 Allow. Peak Tension Connection Tal Tel 1153 ok 463 ok 1153 ok 642 ok (% of Rein. Strength Used = 32 %) Serviceablity Connection Tsc N/A N/A Pullout FS 2.05 ok 3.07 ok Pref: EmbedJ Base F J - 1 - C:\WINDOWS\Desktop\Acad Wall Files\Minnesota\2001 Projects\Ol- 50 to o 1-99\0 1-69-Stonegate\01-69.kwp page ~ of 2 A. C;f,';ma:NCOMPANY KEYSTONE RETAINING WALL DESIGN Based on NCMA-Coulomb (modified) Methodology 3.1.1 Project: Stonegate Apartments Proj. No.: 01-69 Design Parameters ~ Date: 6/10/2001 Bv: MRJ Soil Parameters Retained Fill: Foundation Fill: -AL 26 26 ~ o o ~ 120 120 Unit Fill: Crushed Stone, 1 inch minus Factors of Safety Sliding: 1.50 Overturning: 1.50 Bearing: Analysis: Wall #4 @ 60' Unit Type: Standard 21.5 in Leveling Pad: Crushed Stone Wall Ht: 3.67 ft BackSlope Geometry: 7.00 deg. slope, 25.00 ft long Surcharge: LL - 0 psfuniform surcharge DL -- 0 psfuniform surcharge Offset= 25.00 ft; Load Width= 1.00 ft Slidinl! OverturniDl! 2.24 1.95 Case: Case 20 Wall Batter: 0.00 deg. (Hinge Ht N/A) embedment: 1.00 ft Results: Factors of Safety: Calculated Bearing Pressure: 639 psf Eccentricity at base: 0.46 ft Bearin~ 4.96 Shear N/A<< - Bendinl! N/A<< Pref: Embed.! Base F.! - 1 - C:\WINDOWS\Desktop\Acad Wall Files\Minnesota\2001 Projects\OI- 50 to 01-99\0 1-69-Stonegate\0 1-69.kwp page 2 of 2- KEYSTONE RETAINING WALL DESIGN Based on NCMA-Coulomb (modified) Methodology 3.1.1 Project: Stonegate Apartments Proj. No.: 01-69 Design Parameters . Date: 6/10/2001 Bv: MRJ Soil Parameters Retained Fill: Foundation Fill: J.... 26 26 ~ o o ~ 120 120 Unit Fill: Crushed Stone, 1 inch minus Factors of Safety Sliding: 1.50 Overturning: 1.50 Bearing: Analysis: Wall #5 @ 40' Unit Type: Standard 21.5 in Leveling Pad: Crushed Stone Wall Ht: 3.67 ft BackSlope Geometry: 5.00 deg. slope, 25.00 ft long Surcharge: LL -- 0 psfunifonn surcharge DL -- 0 psfunifonn surcharge Offset= 25.00 ft; Load Width= 1.00 ft Slidin~ Overturninl! 2.31 2.01 Case: Case 4 Wall Batter: 0.00 deg. (Hinge Ht N/A) embedment: 1.00 ft Results: Factors of Safety: Calculated Bearing Pressure: Eccentricity at base: 0.44 ft Bearinl! 5.08 Shear N/A<< Bendinl! N/A<< 628 psf Pref: Embed.! Base F.! - 1 - C:\WINDOWS\Desktop\Acad Wall Files\Minnesota\2001 Projects\Ol- 50 to 01-99\0 1-69-Stonegate\0 1-69.kwp page ~ of l ... . . .. KEYSTONE RETAINING WALL DESIGN Based on Rankine (modified) Methodology 3.1.1 Project: Stonegate Apartments Proj. No.: 01-69 Design Parameters ~ Date: 6/1 0/200 1 By: MRJ Soil Parameters .JlL Reinforced Fill: 26 Retained Fill: 26 Foundation Fill: 26 Reinforce Fill Type: Silts & sands Unit Fill: Crushed Stone, I inch minus ~ o o o ~ 120 120 120 Factors of Safety Sliding: Pullout: Connection 1.50 1.50 Overturning: Uncertainties: Peak: 2.00 Bearing: 2.00 1.50 1.50 Serviceability: N/A Base Friction used in Tension of base grid Reinforcing Parameters: Mirafi XT Geogrids Tult RFcr RFd RFid L TDS ~ Tal Miragrid05XT 3591 1.67 1.10 1.13 1730 1.50 1153 ~ Cds 0.75 --~~ 0.75 Analysis: Wall #6 @ 50' Unit Type: . Standard 21.5 in Leveling Pad: Crushed Stone Wall Ht: 7.67 ft BackSlope Geometry: 3.00 deg. slope, 5.00 ft long Surcharge: LL -- 0 psfuniform surcharge DL - 350 psfunifonn surcharge Offset= 5.00 ft; Load Width= 30.00 ft Slidin2: Overturnio2: 1.61 4.46 Case: Case 11 Wall Batter: 0.00 deg. (Hinge Ht N/A) embedment: 0.50 ft Results: Factors of Safety: Calculated Bearing Pressure: 1240 psf Eccentricity at base: 0.66 ft Reinforcing: (ft & Ibs/ft) . Calculated Laver Heil!ht Len2:th Tension Reinf. TVDe 3 5.33 8.0 381 Miragrid 05XT 2 2.67 8.0 768 Miragrid 05XT I 0.67 8.0 575 Miragrid 05XT Reinforcing Quantities (no waste included): Miragrid 05XT: 2.67 sy/ft Bearin2: 4.63 Shear 6.82 Bendin2: 4.40 Allow. Peak Tension Connection Tal Tel 1153 ok 523 ok 1153 ok 728 NG 1153 ok 795 ok ( % of Rein. Strength Used = 54 % ) Serviceablity Connection Tsc N/A N/A N/A Pullout FS 3.70 ok 3.70 ok 7.67 ok Pref: Embed.! Base F.! - I - C:\WlNDOWS\Desktop\Acad Wall Files\Minnesota\2001 Projects\OI- 50 to o 1-99\0 1-69-Stonegate\O1-69.kwp page ~ of l City Code 1102.703 Uses Permitted With A Conditional Use Permit (1) Multiple Family Dwellings. Conditions: a. Access shall be to a roadway identified in the Comprehensive Plan as a collector or arterial or shall be otherwise located so that access can be provided without generating significant traffic on local residential streets. b. Building lots shall contain a minimum of 400 square feet of usable open space per dwelling unit and no more than 1/2 can be located in the front yard. c. The minimum spacing between buildings shall be the average heights of the buildings. d. Side and rear yards may be reduced to zero feet where dwellings are designed to share common walls. e. All buildings shall be located a minimum of 15 feet from the back of the curb line of internal private roadways or parking lots. f. No portion of the required 20-foot road system may be used to satisfy the off-street parking requirements. Zoninl: Code analysis (Performance Standards): Height- Density- Ground Floor Ratio- Setbacks- Lighting- Landscaping- Tree Preservation- Parking- Architectural Materials- OTHER ISSUES Traffic- . Busse Park Traffic-. Fire Protection- Existin~/pro1losed run-off storm sewer- En~ineerin!!: issues- Crime- Property Values/Taxes- Petition of protest Low-income rentals- -- ,) CONDITIONAL USE PERMIT (CUP) ANALYSIS: Section 1108.200 ofthe City Code sets forth the criteria for approval of a CUP. (1) The use is consistent with and supportive of the goals and policies of the Comprehensive Plan. The use will not be detrimental to the health, safety, morals and general welfare of the community as a whole. (2) The use is consistent with the intent and purpose of the Zoning Ordinance and the Use District in which the Conditional Use is located. (3) The use will not have undue adverse impacts on governmental facilities, services, or improvements, which are either existing or proposed. (4) The use will not have undue adverse impacts on the use and enjoyment of properties in close proximity to the conditional use. (5) The use is subject to the design and other requirements of site and landscape plans prepared by or under the direction of a professional landscape architect, or civil engineer registered in the State of Minnesota, approved by the City Council and incorporated as part of the conditions imposed on the use by the City Council. (6) The use is subject to drainage and utility plans prepared by a professional civil engineer registered in the State of Minnesota which illustrate locations of city water, city sewer, fire hydrants, manholes, power, telephone and cable lines, natural gas mains, and other service facilities. The plans shall be included as part of the conditions set forth in the CUP approved by the City Council. (7) The use is subject to such other additional conditions which the City Council may find necessary to protect the general welfare, public safety and neighborhood character. Such additional conditions may be imposed in those situations where the other dimensional standards, performance standards, conditions or requirements in this Ordinance are insufficient to achieve the objectives contained in subsection 1108.202. In these circumstances, the City Council may impose restrictions and conditions on the CUP which are more stringent than those set forth in the Ordinance and which are consistent with the general conditions above. The additional conditions shall be set forth in the CUP approved by the City Council. -::; -0 c:::=::-'~ , C;::::::::::--,: -., Ell N (J1 ".c=:c:.::.?/ en -i -10 ~Z~ ~m~ dG>g >)>m ~--1~ ~m~ m)>~ -u-o~ :D)>~ ~JJ~ ):--1c ^s:5 .f11mz ~ZG) --I en I --fjJ-" ~ to U1 r 0 0 -< c;; 0 -I I~ g ^ ..... ~ I~ :J: I I\) I en' .-1 l~-. i .!!j t 1/1./- I-il :if:: ~ /7/ -.j /;. , ! o!:i,' /Il I- f Ii- '" ,wit, ~ 1- :' ~~i---: ~! I Ii: .' I z~ ))~i!:Ill~ ~ x2~fB~ z m!:!gr 0 2l2l~ ~ c~.. > ."',.,. 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C1 ~ )> r m c..> ~ [~ 1 III ::; ~ r o c JJ III m r m <: '" " '" ~ TORONTO AVENUE . -- .--------- -- -- --.-.- - - -----.-.- -- - --- PROPeRTY LINE 2'-6" HTG '" ~q -<0: lO:Gl Z'" Z'"' Glm :;:~ :J>-< 1=0 z m " :J> JJ '"' Z Gl 10'.0" 90" CLEAR Gl :J> JJ ~ m _ __ .____ __._ .... ..._ ._,____.__~1::0:.sEI.!lACK___ w '" Oi :;; 9 ." Jj ~ ." 8 JJ en m 8 z o ~ JJ :~ m;> .--2 m~:I:l :<0 ~IO ~i"Tl ~~ Uii< I ~ Jj C ." 5 o :IJ '" ,. I I -J '1-.'- -1- - ---,---- - ,-. -- -.~. _.- I I I I I 040',0" SET BACK w, 0, 0:;1 \~: ;:: fn " : m~ .---j'i-- ---:"-6' n ::J" : I ~ ;; , I o!:.... hi I ~ <>!< ! ! J_.___.L__~--,-~!'!QI"f;fl.n'L1"!.!; , I I I I G> )> :D )> [!J~ mC!:! :<,2 ~5 8l~ I C.~~!~,~,!. ~~!~!! . ~~(~~L'lI'l,~i"~'~NFlO 5~ ... I) I CE (I!' 2) i~ , . 1 &, 1 J"'" ~ "" ~ If' , _ f 2 4;1 1/B"",1'..{)" BUILDING SECTION I m~ him :<12' ~6 8l~ '" mZ .--0 m." <- .z g;D "'0 8l~ 'w ml:IJ hiP ::~ ~~ ~B UJ":t) I ml ~b o~M=i ;Or ffiZ .m STONEGATE APARTMENTS PRIOR lAKE, MN _ _ +~__w"....'" """ m hi~ <.0 ~~ "'m ~Ir 8)~ NOT FOR CONSTRUCTION.. CITY REVIEW ONLY '0:' i,]P>(Q)NlQ)][N(Gr SlULM[MLAlR. Y Civil Engineers, Planners & Land Surveyors SHO Federal Drive, Suite 240 · Eagan, Minnesota 55122 FfI f 5 2000 651-452-5051 . Fax: 651-452-9797 . Email: info@rehder.com By: ~ P A Date: 'l. - .:z. -;- c::t::) Checked by: ~ Date: Z - z; _00 Project No: \~~_O,o Sheet 1 of l -Year Storm [cfs] IO-YearStorm [cfs] lOO-YearStorm [cfs] Existing Flow Normal Water Elevation = IOO-year High Water Elevation of Pond = Off:{ I. <17 . feet Emergency Overflow Elevation = t} 8 J" '>0 feet Dead Pool Storage Live Storage = C.o~ acre-feet Proposed Flow With Pond Control Structure Description: Ponding Summary .... Type.... SCS Unit Hyd. Summary Name.... EXISTING Tag: Pre.10 File.... C:\HAESTAD\PPKW\1666010\1666010 EXISTING.PPW Storm... TypeII 24hr Tag: Pre.10 Page 4.03 . Event: 10 yr SCS UNIT HYDROGRAPH METHOD STORM EVENT: 10 year storm Duration = 24.0000 hrs Rain Depth = 4.2000 in Rain Dir = C:\HAESTAD\PPKW\RAINFALL\ Rain File -ID = SCSTYPES.RNF - TypeII 24hr Unit Hyd Type = Default Curvilinear HYG Dir = C:\HAESTAD\PPKW\1666010\ HYG File - ID = 1666010.HYG - EXISTING Pre .10 Tc = .1000 hrs Drainage Area = 1.700 acres Runoff CN= 72 -------------------------------------------- -------------------------------------------- Computational Time Increment = .01333 hrs Computed Peak Time = 11. 9467 hrs Computed Peak Flow = 4.07 cfs Time Increment for HYG File = .0500 hrs Peak Time, Interpolated Output = 11. 9500 hrs Peak Flow, Interpolated Output = 4.05 cfs -------------------------------------------- -------------------------------------------- DRAINAGE AREA ID : None CN Area S = 0.25 = Selected 72 1.700 acres 3.8889 in .7778 in Cumulative Runoff 1.6019 in .227 ac-ft HYG Volume... .227 ac-ft (area under HYG curve) ***** UNIT HYDROGRAPH PARAMETERS ***** Time Concentration, Tc Computational Incr, Tm = .10000 hrs (ID: None Selected) .01333 hrs = 0.20000 Tp Unit Hyd. Shape Factor = K = 483.43/645.333, K = Receding/Rising, Tr/Tp = Unit peak, qp = Unit peak time Tp = Unit receding limb, Tr Total unit time, Tb = 483.432 (37.46% under rising limb) .7491 (also, K = 2/(1+(Tr/Tp)) 1.6698 (solved from K = .7491) 19.26 cfs .06667 hrs .26667 hrs .33333 hrs SIN: 021e01806a8c Rehder and Associates, Inc. PondPack Ver: 7.0 (312) Compute Time: 14:47:09 Date: 02-23-2000 ~ Qr-~;:x.e.J -rh.-ov~'" ?'OV"~ Type.... SCS Unit Hyd. Summary Name.... PROPOSED 1 Tag: Dev.10 File.... C:\HAESTAD\PPKW\1666010\PROPOSED.PPW Storm... TypeII 24hr Tag: Dev.10 Page 5.03 Event: 10 yr SCS UNIT HYDROGRAPH METHOD STORM EVENT: 10 year storm Duration = 24.0000 hrs Rain Depth = 4.2000 in Rain Dir = C:\HAESTAD\PPKW\RAINFALL\ Rain File -10 = SCSTYPES.RNF - TypeII 24hr Unit Hyd Type = Default Curvilinear HYG Dir C:\HAESTAD\PPKW\1666010\ HYG F He - ID = 1666010.HYG - PROPOSED 1 Dev.10 Tc = .1000 hrs Drainage Area = 1. 000 acres Runoff CN= 82 -------------------------------------------- -------------------------------------------- Computational Time Increment Computed Peak Time Computed Peak Flow = .01333 hrs = 11.9333 hrs = 3.62 cfs Time Increment for HYG File = .0500 hrs Peak Time, Interpolated Output = 11.9500 hrs Peak Flow, Interpolated Output = 3.55 cfs WARNING: The difference between calculated peak flow and interpolated peak flow is greater than 1.50% -------------------------------------------- -------------------------------------------- DRAINAGE AREA 10 : None CN Area = S 0.25 = Selected 82 1. 000 acres 2.1951 in .4390 in Cumulative Runoff 2.3749 in .198 ac-ft HYG Volume... .198 ac-ft (area under HYG curve) ***** UNIT HYDROGRAPH PARAMETERS ***** Time Concentration, Tc = Computational Incr, Tm = .10000 hrs (ID: None Selected) .01333 hrs = 0.20000 Tp Unit Hyd. Shape Factor = K = 483.43/645.333, K = Receding/Rising, Tr/Tp 483.432 (37.46% under rising limb) .7491 (also, K = 2/(1+(Tr/Tp)) 1.6698 (solved from K = .7491) Unit peak, qp = Unit peak time Tp = Unit receding limb, Tr = Total unit time, Tb = 11.33 cfs .06667 hrs .26667 hrs .33333 hrs SIN: 021e01806a8c Rehder and Associates, Inc. PondPack Ver: 7.0 (312) Compute Time: 11:55:53 Date: 02-22-2000 . ~r09l::)':!io~ ~';\f"-s..~I~ PoY\d Type.... SCS Unit Hyd. Summary Name.... PROPOSED 2 Tag: Dev.10 File.... C:\HAESTAD\PPKW\1666010\PROPOSED.PPW Storm... TypeII 24hr Tag: Dev.10 Page 5.06 . Event: 10 yr SCS UNIT HYDROGRAPH METHOD STORM EVENT: 10 year storm Duration = 24.0000 hrs Rain Depth = 4.2000 in Rain Dir = C:\HAESTAD\PPKW\RAINFALL\ Rain File -ID = SCSTYPES.RNF - TypeII 24hr Unit Hyd Type = Default Curvilinear HYG Dir = C:\HAESTAD\PPKW\1666010\ HYG File - ID = 1666010.HYG - PROPOSED 2 Dev.10 Tc = .1000 hrs Drainage Area = .700 acres Runoff CN= 82 -------------------------------------------- -------------------------------------------- Computational Time Increment Computed Peak Time Computed Peak Flow = .01333 hrs = 11.9333 hrs = 2.53 cfs Time Increment for HYG File = .0500 hrs Peak Time. Interpolated Output = 11.9500 hrs Peak Flow. Interpolated Output = 2.49 cfs WARNING: The difference between calculated peak flow and interpolated peak flow is greater than 1.50% -------------------------------------------- -------------------------------------------- DRAINAGE AREA ID : None CN = Area = S = 0.25 = Selected 82 .700 acres 2.1951 in .4390 in Cumulative Runoff 2.3749 in .139 ac-ft HYG Volume... .139 ac-ft (area under HYG curve) ***** UNIT HYDROGRAPH PARAMETERS ***** Time Concentration, Tc = Computational Incr, Tm = .10000 hrs (ID: None Selected) .01333 hrs = 0.20000 Tp Unit Hyd. Shape Factor = K = 483.43/645.333. K = Receding/Rising. Tr/Tp 483.432 (37.46% under rising limb) .7491 (also. K = 2/(1+(Tr/Tp)) 1.6698 (solved from K = .7491) Unit peak, qp = Unit peak time Tp = Unit receding limb, Tr = Total unit time, Tb = 7.93 cfs .06667 hrs .26667 hrs .33333 hrs SIN: 021e01806a8c Rehder and Associates. Inc. PondPack Ver: 7.0 (312) Compute Time: 11:55:53 Date: 02-22-2000 Type.... Pond Routing Summary Name.... POND OUT Tag: Dev.10 File.... C:\HAESTAD\PPKW\1666010\PROPOSED.PPW Storm... TypeII 24hr Tag: Dev.10 LEVEL POOL ROUTING SUMMARY = C:\HAESTAD\PPKW\1666010\ 1666010.HYG POND 1666010.HYG - POND HYG Dir Inflow HYG file = Outflow HYG file = IN Dev.10 OUT Dev.10 Pond Node Data = POND Pond Volume Data = POND Pond Outlet Data = OUTLET No Infiltration INITIAL CONDITIONS Starting WS Elev = 977 . 50 ft Starting Volume = .000 ac-ft Starting Outflow = .00 cfs Starting Infiltr. = .00 cfs Starting Total Qout= .00 cfs Time Increment = .0500 hrs INFLOW/OUTFLOW HYDROGRAPH SUMMARY ----------------------------------------------------- ----------------------------------------------------- Peak Inflow Peak Outflow 3.55 cfs 1.68 cfs 11.9500 hrs 12.0500 hrs = at at Peak Elevation Peak Storage = 981.97 ft .030 ac-ft = ----------------------------------------------------- ----------------------------------------------------- MASS BALANCE (ac-ft) -------------------------- + Initial Vol = .000 + HYG Vol IN = .198 Infiltration = .000 HYG Vol OUT .198 Retained Vol .000 ---------- Un routed Vol = -.000 ac-ft (.002% of Inflow Volume) SIN: 021e01806a8c Rehder and Associates, Inc. PondPack Ver: 7.0 (312) Compute Time: 14:22:23 Page 11. 09 . Event: 10 yr Date: 02-23-2000 U) Q) po ~ :J ~ U 0 '0 ~ Q) O!:LI .j.J E-! .j.J :s: o :s: 0 r-I 0 H P-l H!:LI !:LIE-! >, Z ::::> r-I H 0 .j.J c: Q) ~ ~ :J U ('I) T""" 0 Z 0 a.. ~ 0 c:t: u. -- .cS en i- g-O .c N -- L......J T""" Q) C>u. E el- "'C::> ~ ~O ~ 0 l- S 0 ....J LL Z I ~ I ('I) I- N ( SlO) MOl.:! T""" T""" aT""" Type.... Vol: Planimeter Name.... POND Page 9.01 File.... C:\HAESTAD\PPKW\16660l0\PROPOSED.PPW POND VOLUME CALCULATIONS Planimeter scale: 1.00 ft/in Elevat ion (ft) Planimeter (sq.in) Area Al+A2+sqr(Al*A2) Volume (acres) (acres) (ac-ft) Volume Sum (ac-ft) 977 . 50 .000 .0000 .0000 .000 .000 978.50 6.000 .0001 .0001 .000 .000 979.50 6.000 .0001 .0004 .000 .000 980.50 6.000 .0001 .0004 .000 .000 980.90 6.000 .0001 .0004 .000 .000 981.15 318.000 .0073 .0084 .001 .001 981.40 835.000 .0192 .0383 .003 .004 981. 65 1709.000 .0392 .0858 .007 .011 981.90 2986.000 .0685 .1596 .013 .025 982.15 4686.000 .1076 .2620 .022 .047 POND VOLUME EQUATIONS * Incremental volume computed by the Conic Method for Reservoir Volumes. Volume = (1/3) * (EL2- ELI) * (Areal + Area2 + sq.rt.(Areal*Area2)) where: Ell, EL2 Areal,Area2 Volume = Lower and upper elevations of the increment = Areas computed for ELI, EL2, respectively = Incremental volume between ELI and EL2 SIN: 021e01806a8c Rehder and Associates, Inc. PondPack Ver: 7.0 (312) Compute Time: 14:22:23 Date: 02-23-2000 Type. . .. Outlet Input Data Name. . .. OUTLET File.... C:\HAESTAD\PPKW\1666010\PROPOSED.PPW REQUESTED POND WS ELEVATIONS: Min. Elev.= Increment = Max. Elev.= 977 . 50 ft .10 ft 982.15 ft ********************************************** OUTLET CONNECTIVITY ********************************************** ---> <--- <---> Structure Forward Flow Only (UpStream to DnStream) Reverse Flow Only (DnStream to UpStream) Forward and Reverse Both Allowed No. E1, ft Outfall Culvert-Circular CV TW SETUP, DS Channel ---> TW 977 . 500 SIN: 021e01806a8c Rehder and Associates, Inc. PondPack Ver: 7.0 (312) Compute Time: 14:22:23 Page 10.01 E2, ft 982.150 Date: 02-23-2000 Type.... Outlet Input Data Name. . .. OUTLET Page 10.02 File.... C:\HAESTAD\PPKW\1666010\PROPOSED.PPW OUTLET STRUCTURE INPUT DATA Structure ID Structure Type = cv = Culvert-Circular No. Barrels = 1 Barrel Diameter = .5000 ft Upstream Invert = 977 . 50 ft Dnstream Invert = 976.70 ft Horiz. Length = 40.00 ft Barrel Length = 40.01 ft Barrel Slope = .02000 ft/ft OUTLET CONTROL DATA.. . Mannings n = .0120 Ke .5000 (forward entrance loss) Kb .067147 (per ft of full flow) Kr = .5000 (reverse entrance loss) HW Convergence = .001 +/- ft INLET CONTROL DATA... Equation form = 2 Inlet Control K = .5340 Inlet Control M = .5550 Inlet Control c ;:: .01960 Inlet Control Y = .8900 T1 ratio (HW/D) 1.070 12 ratio (HW/D) = 1. 214 Slope Factor = .500 Use un submerged inlet control Form 2 equ. below T1 elev. Use submerged inlet control Form 2 equ. above T2 elev. In transition zone between unsubmerged and submerged inlet control, interpolate between flows at T1 & T2... At T1 Elev = 978.04 ft ---> Flow = .49 cfs At T2 Elev = 978.11 ft ---> Flow = .56 cfs Structure ID Structure Type = TW = TW SETUP, DS Channel FREE OUTFALL CONDITIONS SPECIFIED CONVERGENCE TOLERANCES... Maximum Iterations= 30 Min. TW tolerance = .01 ft Max. TW tolerance = .01 ft Min. HW tolerance = .01 ft Max. HW tolerance = .01 ft Min. Q tolerance = .10 cfs Max. Q tolerance = .10 cfs V\v (0) lR-lKS lH[]ElElr Civil Engineers, Planners & Land Surveyors By: ~ ~ A- Date: z.. - \ 8 - c::::c> Checked by: Date: Project No: \w~.c:.\o Sheet l of l Subject: ~"~\4. A-f~ st......tM, ~~ U ~~ SHO Federal Drive, Suite 240 . Eagan, Minnesota 55122 651--1<52-5051 . Fax: 651-452-9797 . Email: info@rehder.com .. Q(""Q,\~~~c:. ,...T<? 9r~\V\ ..::J<.... . ~ A<:- .. . .-t: <:,.. .J.A ;"" . ~.IC> .....<::-:'(C4.,~.-....._~.~Q ':l c..c\O A hI\ I "'\f!:-... c...B \ \. 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