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July 13, 2009
O~ PR10 ~ ;~ ~, ~ 4646 Dakota Street S.E. ~j x Prior Lake, MN 55372-1714 ~ - ~I-IINN~ REGULAR PLANNING COMMISSION AGENDA MONDAY, JULY 13, 2009 City Council Chambers 6:00 p.m. 1. Call Meeting to Order: 2. Approval of Minutes: A. June 22, 2009 3. Public Hearings: A. 09-121 Prior Lake/Spring Lake Watershed District is requesting a Conditional Use Permit for the grading and. excavation to be done as part of the Prior Lake/Spring Lake Watershed District's Outlet Channel Restoration and Enhancement Project. B. 09-120 Prior Lake/Savage Area School District is requesting an Interim Use Permit to allow an alternative school on the site located at 15875 Franklin Trail SE. 4. Old Business: 5. New Business: A. 09-118 Habitat for Humanity is requesting the transfer of City land for a future Habitat for Humanity site. The site is located at 3631 1701' Street. 6. Announcements and Correspondence: 7. Adjournment: L_\09 FILES\09 PLANNING COMMISS[OM09 AGENDAS\AG07130~Q\¢l,U. Cltl~01 pYlOYlake. COn1 Phone 952.447.9800 /Fax 952.447.4245 PLANNING COMMISSION MINUTES MONDAY, JUNE 22, 2009 1. Call to Order: Chairman Ringstad called the June 22, 2009 Planning Commission meeting to order at 6:00 p.m. Those present were Commissioners Fleming, Perez, Billington, Howley and Ringstad, Community Development/ Natural Resources Director Danette Parr, and Community Development Assistant Michelle Czycalla. 2. Approval of Minutes: The Minutes from the June 8, 2009, Planning Commission meeting The Commissioners recommended modifying the agenda to f Mdewakanton Sioux Community (SMSC) application for under New Business. Community Development/Natural Resources Di 22, 2009, on file in the office of the Community Parr explained that the SMSC is requesting O~ all street renaming requests are reviewed by th Staff for public safety concerns and consistent north of Oakes Lane is Prior Lake's Sterling S Parr highlighted that Oakes Lane is currently r way. Parr added that Oakes Lane is continuous approved as presented. item SA: The Shakopee ins of Oakes Lane scheduled the Staff Report dated June Lane be renamed to Credit Union Drive. Parr stated that for Lake Police Department, Fire Department, and City to the south, both of which are'within SMSC tribal land. Parr the addresses of those properties that front Oakes Lane'whicl Parr emphasized the remaining properties along Oakes Lane 1 should the name change be approved, new street signs will bE street. ',. ,,., " ' ° ~~ ~ .~ < ;_ Parr mentioned that the Cityhas a street is adjacent to the tribal vatic developments in Prior Lake that h. approUriate to grant the name char s street renaming policy. Parr added to the dition and to the south is SMSC tribal land. e SMSC and is City of Prior Lake right-of- arkway to the west and becomes Orion Road >tated the renaming of the street will affect includes only the South Metro Credit Union. ave primary access from other streets and ordered and installed at both ends of the policy. However this is an unusual situation because the ~urrently maintains the street, and there are no ~~ctly from the street. Staff believes that it would be Questions Perez asked if there wasany public input or suggestions. Parr responded the only recommendation the City received was from the SMSC. Comments from the Commissioners: Fleming agrees that this provides a unique identifier for the area and will support the street renaming. Perez agrees with staff and will support. Billington supports staffs recommendation. Howley sees no problems with the name change and will support it. L:\09 FILES\09 PLANNING COMMISSION\09 MINUTES\MN062209.doc Planning Commission Meeting June 22.2009 Ringstad agrees with the Commissioners that the name cha-ige is consistent and will support staffs recommendation. MOTION BY BILLINGTON, SECOND BY FLEMING TO RECOMMEND THE COUNCIL APPROVE A CHANGE TO THE STREET NAME THAT IS CONSISTENT WITH THE STREET NAMING SYSTEM. Vote taken indicates ayes by all. MOTION CARRIED. This item will go before the City Council on July 20, 2009. 3. Public Hearings: A. The purpose of the public hearing is to consider an amendment to Sections 1101 and 1102 of the Zoning Ordinance to allow an Alternative Learning Center as a permitted interim use in the General Business (G2) Zoning District. Community Development/Natural Resources Director Danette Parr presented the Planning Report dated June 22, 2009, on file in the office of the Community Development/Natural Resources Depa--tment. Parr explained that the first amendment is to Section 1 101 (General Provisions to the Zoning Code) which would add a definition for a land use known as an "alternative school". The second amendment is to Section 1102 (C-2 General Business Use District) which would allow for an alternative school to be a permitted interim use. On June 1, 2009 the City Council a-nended the Zoning Ordinance to allow future consideration of interim use permits. As a part of that amendment two processes need to take place to allow for an interim use; first the Zoning Ordinance must be amended to permit the interim use within a specific zoning district, then the applicant must submit an application for an interim use pe---nit pertaining to a specific site. Questions from the Commissioners: Ringstad asked if there is an alternative school currently in Prior Lake. Parr responded that there is not an alternative school within the City. Parr added that the City does allow similar uses in its commercial areas, however they do not meet the definition of an alternative school (i.e. karate school). Parr highlighted that the City recently received an interim use permit application from the Prior Lake/Savage Area School District for a site that previously housed an alternative school however they have vacated the site for a number of years and are looking to reh-rn to the building legally. Ringstad asked that Parr describe the word interim and if the user needs some sort of assurance that the interim use permit is not going to be pulled. Parr explained that the definition of ``interim" is somewhat subjective. State Statute requires an interim use term length cannot be more than ten years. Parr went on to say that the termination date can be tied to a specific date or specific event. Parr stated that discussions with the District have indicated that it is not cost effective for the District to lease retail space for a long period of time due to the associated costs versus other types of space. Parr explained that due to a recent referendtun the District is not allowed to build an additional building to meet their needs. Parr believes one of the things the District may ask for is that the alternative school use termination to be tied to a specific event, such as a future referendum. Parr clarified that there are no assurances, if the District does not abide by the approved interim use permit it can be review and pulled if necessary. L:\09 FILES\09 PLANNING COMMISSION\09 MINUTES\MN062209.doc 2 Planning Commission Meeting June 22, 2009 Billington questioned the definition of an alternative school in the State Statute and asked what the predominate age group and hours of operation will be for the alternative school. Parr explained that the term alternative school came from the American Planning Association Publication of Definitions. Parr believes the students will be of middle and high school age and the school will operate during normal business hours with the possibility of running later into the evening (7:00 p.m.) to accommodate evening classes. Parr highlighted that all the interim use permit specifics will come before the Commission at the July 13, 2009 meeting. Perez questioned the permit extension stating the definition sounds as though ten years is the maximum length, however the way it is written it may be interpreted that the extension can be ten years as well. Parr clarified that the language came directly from the State Statute and according to the City Attorney the length is ten years maximum. Commissioner Ringstad read the Public Hearing Statement and opened the public hearing at 6:20 p.m. Comments from the public: The public hearing was closed at 6:21 Commissioner Comments: Howley: • Clarified that these amendments are just • Does not have a problem with these ame Billington: • Has no difficulty with the • His questions will be dire Perez: • Agrees with staffs Fleming: ications. believes that the amendments appropriately support an h that applicant with specific questions at a later date. Ringstad: • Clarified there wi • Believes that then alternative school • Supports the amei ase by case opportunity to review proposed sites. ;ed for this amendment and views this as a win-win situation for both an the community and the ability to lease some vacant commercial space. MOTION BY PEREZ, SECONDED BY FLEMING, TO RECOMMEND THE COUNCIL APPROVE AN AMENDMENT TO THE CITY ZOMING CODE IN SECTIONS 1101 AND 1102. Vote taken indicates ayes by all. MOTION CARRIED. This item will go before the City Council on June 29, 2009. 4. Old Business: None L:A09 FILES\09 PLANNING COMMISSION\09 MINUTES\MN062209.doc Planning Commission Meeting June 22, 2009 5. New Business: (The Shakopee Mdewakanton Sioux Community application for the renaming of Oakes Lane was moved as the first discussion item by the Planning Commissioners). 6. Announcements and Correspondence: Parr clarified that the next Planning Commission meeting will be held on July 13, 2009 and will include: • Combined Preliminary/Final Plat and Conditional Use Permit applications received from EFH Realty Advisors, Inc. • Interim Use Permit application received from the Prior Lake/Savage Area School District 7. Adjournment: The meeting adjourned at 6:24 p.m. -=~,~;~ s ° ¢~. `, f,: Michelle Czycalla, Community Development Assistant t ~~*` ~ ~ x: i' `' ~ ~^~rt'lf.°jre NiS''~,'"sie. L:\09 FILES\09 PLANNING COMMISSION\09 MINUTES\MN062209.doc 4 4646 Dakota Street S.E. Prior Lake, MN 55372-1714 STAFF REPORT AGENDA ITEM: SUBJECT: PRESENTER: PUBLIC HEARING: DATE: CASE NO. INTRODUCTION: 3A PUBLIC HF,ARING TO CONSIDER A CONDITIONAL USE PERMIT TO ALLOW FOR GRADING AND EXCAVATION AS PART OF THE PRIOR LAKE-SPRING LAKE WATERSHED DISTRICT'S OUTLET CHANNEL RESTORATION AND ENHANCEMENT PROJECT JEFF MATZKE, PLANNER X YES NO-N/A JULY 13, 2009 EP09-121 The Prior Lake-Spring Lake Watershed District (PLSLWD) has applied for a Conditional Use Permit to allow grading and excavation as part of an outlet channel project to restore and enhance the Prior Lake outlet system. The project segments will run through the Pike Lake area, located north of CSAH 42, east of CSAH 21. Section 1 101.509 of the Zoning Ordinance states that grading, filling land reclamation, and excavation requires a Conditional Use Permit for excavation of more than 400 cubic yards. In 2005 the Planning Commission approved a Conditional Use Permit to allow grading of Segment 1 of the outlet channel in the area of Jeffers Pond. The remaining outlet channel restoration project will be constructed in phases over the next year. Each phase will be constructed according to the Conceptual Plan for the outlet channel, which was developed with the Prior Lake Outlet Channel and Lake Volume Management Study completed in May 2003. The current Conditional Use Permit application is specifically related to Segments 2, 3, and 4 of the channel in the City of Prior Lake. The subject area for Segment 2 will extend from an access road on City of Prior Lake properly east of Pike Lake to the outlet into Pike Lake. Segment 3 of the outlet channel is located north of Pike Lake on the site of YMCA Camp Kici Yapi. The portion of Segment 4 located within the City of Prior Lake is on private property near the intersection of the channel and Pike Lake Trail. PHYSICAL SITE CHARACTERISTICS: Total Site Area• These proposed phases of the project involve 5,125 feet of channel. Construction limits range from 35 to 50 feet on either side of the channel creating a 75 to 100 feet corridor along the channel. Within the channel, the delineated areas total 6.19 acres (excluding Pike Lake). Topo~raphy: The upstream elevation of the channel is approximately 826 feet, and the downstream elevation is approximately 806 feet. The entire surrounding site drains to the channel, wetlands, and Pike Lake. I:A09 tiles\09 cup's\watershed district outlet chatt~r~rt-r#tac:-lOYlake.COm Phone 952.447.9800 /Fax 952.447.4245 Vegetation: Most of the wetland area is dominated by reed canary grass. No permanent structures other than culvert crossings are proposed to impact the project site. Wetlands: The wetland areas where the channel will flow through will be enhanced with vegetation. The total wetland and stream areas will remain the same. Access: Access to the site will be from current access roads and Pike Lake Trail. Construction access up and down the channel will be through the channel. 2030 Comprehensive Plan Designation: This property is designated for Urban Low and Medium Density Residential and Community Retail Shopping uses on the 2030 Comprehensive Plan Land Use Map. Zoning: The site area is zoned R-1 (Low Density Residential) REVIEW PROCESS: The proposed Conditional Use Permit is reviewed in accordance with the criteria found in Section 1 108 of the City Code and Section 1 101.509. Section 1 101.509 is the provision on Grading, Filling, Land Reclamation, and Excavation. The criteria are discussed on the following pages. City Code 1101.509 (2) Filling and Land Reclamation Land reclamation involving the placement of over 400 cubic yards of fill shall be permitted only by Conditional Use Permit in all districts. The permit application shall include, brrt is not limited to: - A site plan which shows the finished grade of the reclaimed land; - A soil analysis of the type offill material to be used,• - The proposed use of the land after~ll is placed; - The inventory of the significant trees on the site; - The effect of the proposed reclamation upon the community and the adjacent land, - The type ofeguipment to be used; - The period of time the reclamation operation will be conducted; - Plans for implementation of measures to guarantee safety on the site and on adjacent sites; Plans for rodent and other animal control, fire control, general maintenance of the site and adjacent area; - Provisions for control of material hauled to or fi^om the site, routes of trucks moving to and from the site to deposit fill material to the site, and controls to be employed to limit the effect of wind or other elements on the fill material. S' A plan which shows the routes of trucks moving to and from the site to remove material from the site; An inventory of significant trees on the site, and other pertinent information necessary to the decision whether to approve the Conditional Use Permit. The Conditional Use Permit shall impose conditions upon the owner of the land to be reclaimed, the developer and the person doing the land reclamation work which will ensure that the type of fill used is appropriate for the proposed land use, and prevent damage to the community and adjacent land owners during the course of reclamation. Those conditions may l:A09 files\09 cup's\watershed district outlet channel\pc report.doc impose restrictions in all areas affecting the reclamation and the City may required a Letter of Credit to insure the performance of the conditions imposed and the completion of the work in the manner described in the plan and Conditional Use Permit. No permit shall be granted for a period longer than 12 months. CONDITIONAL USE PERMIT (CUP) ANALYSIS: Section 1 108.200 of the City Code sets forth the criteria for approval of a CUP. (]) The use is consistent with and supportive of the goals and policies of the Comprehensive Plan. Objective 5, under the goal of Security, is to provide for conservation and protection of the natural environment. The policies include providing adequate regulation to prevent the development of endeavors which will create a hazard to the environment and to require developers to retain the natural environment as much as possible. The project is anticipated to stabilize channel banks, improve efficiency, plan for future conditions and improve the aesthetics and wildlife habitat of the channel. The conditions set forth in this CUP address environmental hazards and limit impacts to the existing wetlands. (2) The use will not be detrimental to the health, safety, morals and general welfare of the community as a whole. Based on staff review, the proposed use will not be detrimental to the health, safety, morals and general welfare of the community. The conditions of the approving resolution are intended to ensure ongoing protection of the community. (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. Section 1101.509 of the Zoning Ordinance allows Grading, Filling and Land Reclamation as a Conditional Use within any zoning district. The conditions set forth in the Zoning Ordinance will be met with the issuance of the Conditional Use permit. (4) The use will not have undue adverse impacts on governmental facilities, services, or improvements which are either existing or proposed. The use will not have adverse impacts on governmental facilities. During the grading and fill work, the applicant will be responsible for maintaining the condition of the adjacentroads. (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 will not have undue 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. L\09 files\09 cup's\watershed district outlet channel\pc report.doc The use will adhere to the design requirements of the City. (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 have been prepared by a civil engineer. Prior to the issuance of a grading permit, the applicant will be required to submit revised plans that meet the conditions outlined in this staff report. (8) The use is subject to such other additional conditions which the Planning Commission 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 Planning Commission 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 Planning Commission. Additional conditions to ensure the protection of the general health, safety and welfare of the public are included as part of the CUP. These conditions include a Storm Water Pollution Prevention Plan, the establishment of emergency overflow routes for stonnwater, and permits from other governmental agencies. CONCLUSION Statt recommends approval of the conditional use permit request, subject to the following conditions: 1. The excavation must be done according to the approved plans. 2. The clean up of fill material as a result of spills or general transportation of fill on any public road shall be the responsibility of the applicant. 3. The applicant shall record the Conditional Use Permit at Scott County no later than 60 days after approval. 4. The applicant must provide a Storm Water Pollution Prevention Plan. 5. Prior to any grading on the site, the applicant must obtain an NPDES permit. 6. Prior to any grading on the site, the applicant must meet all requirements as set forth by the City Engineering Department. 7. Watering for dust control shall be done on an as needed basis or within 24 hours written notice from the City. Such notice shall be transmitted by facsimile to the applicant. Dust control includes the entire project area and is not limited to roadways. Water for dust control shall be provided from an off-site source. 8. The CUP is valid for one year, but is revocable at any time for noncompliance with any condition contained herein. At the expiration of its one (1) year term, the property owner I:A09 files\09 cup's\watershed district outlet channel\pc report.doc may make application to the City to renew the CUP. The initial approval of this CUP does not create any right, in law or equity, to the renewal thereof: ALTERNATIVES: 1. Approve the CUP subject to the above conditions. 2. Table this item to a date specific, and provide the developer with direction on the issues that have been discussed. 3. Deny the request. RECOMMENDATION: The staff recommends Alternative #I . ACTION REQUIRED: A motion and second to approve Resolution 09-01 approving the CUP, subject to the listed conditions. ATTACHMENTS: 1. Resolution 09-01 PC 2. Location Map 3. Applicant Narrative 4. Project Design Plans l:A09 files\09 cup's\watershed district outlet channel\pc report.doc 5 PRro~ o..~ ._ . ,~ ~, y 4646 Dakota Street S.E. ', v '; ~ Prior Lake, MN 55372-1714 °?"'`'I''ES°~~' CONDITIONAL USE PERMIT RESOLUTION 09-01 PC A CONDITIONAL USE PERMIT TO ALLOW GRADING AND EXCAVATION OF MORE THAN 400 CUBIC YARDS WHEREAS, The Prior Lake Planning Commission conducted a public hearing on July 13, 2009, tv consider an application from The Prior Lake-Spring Lake Watershed District to allow grading and excavation of mare than 400 cubic yards; and WHEREAS, Notice of the public hearing on said CUP was duly published in accordance with the applicable Prior Lake Ordinances; and WHEREAS, The Planning Commission proceeded to hear all persons interested in this CUP and persons interested were afforded the opportunity to present their views and objections related to the CUP; and WHEREAS, The Planning Camrnission finds the CUP to allow the grading and fill of more than 400 cubic yards in harmony with both existing and proposed development in the area surrounding the project; and WHEREAS, The Planning Commission finds 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 1108.202 of the Zoning Ordinance. NOW THEREFORE, BE IT RESOLVED BY THE PLANNING COMMISSION OF PRIOR LAKE: 1. The recitals set forth above are incorporated herein. 2. The Planning Commission hereby adopts the following findings: a. The use is consistent with and supportive of the gams and policies of the Comprehensive Plan. Objective 5, under the goal of Security, is to provide for conservation and protection of the natural environment. The policies include providing adequate regulation to prevent the development of endeavors which will create a hazard to the environment and to require developers to retain the natural environment as much as possible. The project is anticipated to stabilize channel banks, improve efficiency, plan far future conditions and improve the aesthetics and wildlife habitat of the channel. The conditions set forth in this CUP address environmental hazards and limit impacts to the existing wetlands. Lt09 FILES109 CUP'S1Watershed District Outlet ChanneRcul~i~giorlake.com Page 1 Phone 952.447.9800 /Fax 952.447.4245 Based on staff review, the proposed use will not be detrimental to the health, safety, morals and general welfare of the community. The conditions of the approving resolution are intended to ensure ongoing protection of the community. 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. Section 1101.509 of the Zoning Ordinance allows, grading and filling as a Conditional Use within any zoning district. The conditions set forth in the Zoning Ordinance will be met with the issuance of the Conditional Use Permit. d. The use will not have undue adverse impacts on governmental facilities, services, or improvements which are either existing or proposed. The use will not have adverse impacts on governmental facilities. During the grading and fill work, the applicant will be responsible for maintaining the condition of the adjacent roads. e. The use will not have undue adverse impacts on the use and enjoyment of properties in close proximity to the conditional use. The use will not have undue adverse impacts on the use and enjoyment of properties in close proximity. 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 Planning Commission and incorporated as part of the conditions imposed on the use by the Planning Commission. The use will adhere to the design requirements of the City. g. 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 Planning Commission. The plans have been prepared by a civil engineer. Prior to the issuance of a grading permit, the applicant will be required to submit revised plans that meet the conditions outlined in this staff report. h. The use is subject to such other additional conditions which the Planning Commission 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 Planning Commission may impose restrictions and conditions on the CUP which are more stringent than those set forth in the L:109 FILES109 CUP'S1Watershed District Outlet Channellcup resolution.DOC Page 2 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. Additional conditions to ensure the protection of the general health, safety, and welfare of the public are included as part of the CUP. These conditions include a Storm Water Pollution Prevention Plan, the establishment of emergency overflow routes for stormwater, and permits from other governmental agencies. 3. The CUP is hereby approved, subject to the following conditions: a) The excavation must be done according to the approved plans. b) The clean up of fill material as a result of spills or general transportation of fill on any public road shall be the responsibility of the applicant. c) The applicant shall record the Conditional Use Permit at Scott County no later than 60 days after approval. d) The applicant must provide a Storm Water Pollution Prevention Plan. e) The applicant must provide a signed complete final set of plans and details for the project. f) Prior to any grading on the site, the applicant must obtain a temporary access permit from Scott County and a NPDES permit. g) Prior to any grading on the site, the applicant must meet all requirements as set forth by the City Engineering Department. h) Watering for dust control shall be done on an as needed basis or within 24 hours written notice from the City. Such notice shall be transmitted by facsimile to the applicant. Dust control includes the entire project area and is not limited to roadways. Water for dust control shall be provided from an off-site source. i) The CUP is valid for one year, but is revocable at any time for noncompliance with any condition contained herein. At the expiration of its one (1) year term, the property owner may make application to the City to renew the CUP. The initial approval of this CUP does not create any right, in law or equity, to the renewal thereof. CONCLUSION Based upon the Findings set forth above, the Planning Commission hereby grants a Conditional Use Permit to allow grading and excavation of more than 400 cubic yards. The contents of Planning Case File #EP 09-121 is hereby entered into and made a part of the public record and the record of the decision for this case. Passed and adopted this 13'h day of July, 2009. ATTEST: Dan Ringstad, Commission Chair Danette Parr, Community Development & Natural Resources Director L:109 FILES109 CUP'SlWatershetl District Outlet Channellcup resolution.DOC Page 3 WATERSHED DISTRICT OUTLET CHANNEL CONDITIONAL USE PERMIT Project Description Restoration of areas of Segments 2, 3, 4 and 7 of the Prior Lake Outlet Channel Prior Lake-Spring Lake Watershed District June 23, 2009 The Watershed District: Prior Lake-Spring Lake Watershed District (PLSLWD) operates an artificial outlet on Prior Lake. The Prior Lake Outlet Channel (PLOC) flows to the Minnesota River in north central Scott County. The PLSLWD has operated the PLOC since 1983 when the outlet was constructed on Prior Lake (formerly a landlocked basin). This provides for the District to exercise limited control of the level of Prior Lake by releasing water to the 7 mile-long Prior Lake Outlet Channel (PLOC). Proposed Project: PLSLWD has divided the PLOC into 8 planning/management segments. PLSLWD plans to restore and stabilize portions of segments 2, 3, 4, and 7 of the PLOC. Location and Directions to the Site: All site locations are within the City of Prior Lake or the City of Shakopee, Scott County, MN. Latitude: 43° 45' 05.39" Longitude: 93° 26'05.47" Segment 2- The site can be reached from County Road 42 about 2.75 miles west of the intersection of Hwy 13 and County Road 42. The site is located on the City of Prior Lake property off of an unnamed road approximately 1000 feet west of Pike Lake Trail NE. Follow this unnamed road, bearing to the right, approximately ] 000 feet until crossing the channel. Segment 3- The site is located at on the Shakopee Mdewakanton Sioux Community property, at the site of the YMCA Camp Kici Yapi, The site can be reached from the south via Pike Lake Trail NE. Travel about 2.6 miles west of the intersection of Hwy 13 on County Road 42 and turn right onto Pike Lake Trail NE. Follow it 0.9 miles north to the site. The site can be reached from the north via Pike Lake Road. Travel about l .2 miles west of the intersection of County Road 18 on County Road 16 (Eagle Creek Blvd) and turn left onto Pike Lake Road. Follow it south to the site. Segment 4- The work on this site is on private property stretching from the intersection of the channel with Pike Lake Trail NE to the intersection of the channel with County Road 16 (Eagle Creek Blvd). The site is located approximately 500 feet north on Pike Lake Trail NE of the work on Segment 3 and can be reached via the same directions. Work on this segment will begin at Pike Lake Trail NE and extend north easterly towards County Road 16 (Eagle Creek Blvd), approximately 500 feet west of Foothill Trail. Segment 7- The site is located on private property immediately south east of Valley Fair Amusement Park off of H ighway ] O l in Shakopee, MN. The site can be reached by travelling on Highway 101 about 1.0 miles east of the intersection of County Road 83. Turn right onto Valley Industrial Blvd and take a quick left onto Valley Project Description- PLOC Restoration/Enhancement Segments 2, 3, 4, and 7 Industrial Blvd immediately south of the railway. The site is accessible by foot by following Valley Industrial Blvd approximately 1500 feet beyond the locked access gate. To obtain vehicle access beyond the locked gate please contact the District in advance to schedule staff to be on hand to unlock the gate. Pro'ecl t Purpose: The purpose of the project is to restore and stabilize portions of Segments 2, 3, 4, and 7 of the PLOC. The goals of the project are to maintain hydrologic capacity, reduce maintenance needs, provide long-term stability, improve water quality, increase aesthetics, provide improved habitat and provide consistency with city and county plans for parks and greenways. Project Alternatives: As part of the Prior Lake Outlet Charnel acrd Lake Ttolume Management Study completed in May 2003, the District considered several alternatives to the proposed approach to the channel restoration/enhancement. These ranged from doing nothing, to armoring the entire channel with rip-rap, to constructing a second outlet pipe from Prior Lake. The alternative presented here was the least-cost alternative, and also the most environmentally beneficial. The following table summarizes the environmental impacts and benefits of the alternatives considered. Alternative Estimated Evaluation Notes cost's A. Selective improvement of $3,740,968 Stabilizes channel limited sections of the channel Enhances in-stream and corridor habitat through soil using traditional and stabilization and soil bioengineering/native plants bioengineering techniques. Most compatible with potential greenway • Improves water quality (WQ) through soil stabilization and Proposed Alternative creation of native lant buffer B. Overall improvement, $6,475,040 • Stabilizes channel including a re-design of the May create slight habitat improvement with more stable entire channel and stabilization channel/less sedimentation with rip-rap. Some WQ improvement through soil stabilization • Permitting authorities not in favor of "fully-armored" channel • Somewhat compatible with greenway, although less of a "natural" aesthetic C. Improvements to the channel $9,403,854 Potential for significant downstream impacts due to added and the addition of a low-flow flow pipe• Difficult to permit • H i h cost D. Enlargement of the channel $9,528,742 Potential for significant downstream impacts due to added to allow an additional outlet pipe flow under County Road 21. Difficult to permit • Hi h cost E. No Action -repairs Increased Channel more susceptible to erosion problems continued on an as needed basis, maintenance No enhancement of native plant community or but overall coordinated costs stream/corridor habitat improvement not implemented. Does not advance reenwa otential *Estimated costs calculated in 2003. Includes easement, design, construction (including vegetation) and administrative costs. Project Description- PLOC Restoration/Enhancement Segments 2, 3, 4, and 7 Site Owner: The work is to be done in the PLOC on land owned be the City of Prior Lake, Shakopee Mdewakanton Sioux Community and private land owners. Segment 2- All proposed work on this Segment will be completed within the property of the City of Prior Lake, a cooperator of the JPA/MOA for the Construction, Use, Operation and Maintenance of the PLOC. All work in this area will be completed within existing District easements. City of Prior Lake 4646 Dakota Street SE Prior Lake, MN 55372 Segment 3-All proposed work on this Segment will be completed within the property of the Shakopee Mdewakanton Sioux Community, a cooperator of the JPA/MOA for the Construction, Use, Operation and Maintenance of the PLOC. All work in this area will be completed within existing District easements. Shakopee Mdewakanton Sioux Community 2330 Sioux Trail NW Prior Lake, MN 55372 Segment 4- All proposed work on this Segment will be completed within the properties often private land owners. Work will be completed within existing easements of nine of the property owners. Jeffrey and Dina Menke 451 1 Jackson Trail NE Prior Lake, MN 55372 Phyllis Miller 15563 Calmut Ave NE Prior Lake, MN 55372 Simon Dawes 4525 Jackson Trail NE Prior Lake, MN 55372 Robert and Kris Ostdiek 4510 Jackson Trail NE Prior Lake, MN 55372 Bradley Gonyea 21 ]River Ridge Cir S Burnsville, MN 55337 Bharatlall and Ramona Motilall Rickey and Susan Padfield 2133 Pike Lake Road 2063 Pike Lake Road Shakopee, MN 55379 Shakopee, MN 55379 Steven and Kathleen Muhlenhardt 7566 Eagle Creek Blvd Shakopee, MN 55379 Mitchell and Lisa Grove 2093 Pike Lake Road Shakopee, MN 55379 Timothy and Jean Fetzer 7220 Eagle Creek Blvd Shakopee, MN 55379 Segment 7- All proposed work on this Segment will be completed within the property of a single private owner. All work within this area will be completed within existing District easements. Charles Mattson 2870 WheelerStreetN Roseville, MN 551 13 Throughout the planning and design process the District has maintained open communication with all property owners along the channel. Property owners were Project Description- PLOC Restoration/Enhancement Segments 2, 3, 4, and 7 specifically notified of and invited to attend all meetings held in regard to the channel restoration plans and designs. On Thursday April 30, 2009, the District invited all land owners along the channel to attend a presentation to discuss 60% designs and receive design feedback. Existing Site and Conditions: Segment 2- The portion of this segment that has work proposed is primarily dominated by a flat floodplain area with a deep cut channel that tapers into Pike Lake. The channel banks in this area are incised about 3 feet due to erosion of the banks and bed material. Due to the deep cutting of the channel bed, even during high flows the water remains channelized and is disconnected from the floodplain. The project area is sparsely wooded with small to medium sized trees which are typical of the vegetation associated with the Big Woods classification in this area. Those trees include elm, basswood, sugar maple, ironwood, butternut, ash and minimal understory shrub species. Segment 3-This segment has steep banks and a steep elevation change. This segment passes through an existing YMCA youth day camp. There is a service trail that passes along the eastern side of the channel, as well as a home that is immediately adjacent to the channel. The existing steep banks and lack of erosion protection at key bends cause concern for the long term stability of the service trail, as well as protection of the adjacent home. The project area is in a well wooded area with small, medium and large trees that are typical of the Big Woods classification in this area. Those trees include elm, basswood, sugar maple, ironwood, butternut, ash and minimal understory shrub species. Segment 4- This segment begins in a sparsely wooded area with small trees and understory vegetation and flows north easterly adjacent to a pole barn, crosses an open uncultivated field and ends by crossing through cattle pasture area. There is a 15 foot drop in elevation through this segment and several existing culverts. Some grade control structures have been placed throughout this segment in the past. There are bank failures and erosion concerns throughout the segment including near the pole barn, and through the cattle pasture. The portion through the cattle pasture does not have fencing to exclude the cattle and therefore has unvegetated side slopes which contribute to the high erosion rates. Additionally the culvert at the end of this segment (County Road 16/Eagle Creek Blvd) causes significant backwatering during periods of high flow. Segment 7- This segment is a fairly straight stretch running adjacent to an industrial park on the west and reclaimed aggregate quarry on the east. Due to the sandy soils in this area, there has been bank erosion and the channel has begun to meander in places. Grade control and erosion control structures have been placed in this section in the past. Some of the grade control structures, sheet pile weirs, have begun to fail. A gabion drop structure was placed in a portion of the channel in 2003 by the District in an effort to stabilize the banks, to protect and repair erosion around a sanitary sewer line and to provide grade control. The area to the west has subsequently been purchased by the City of Shakopee for the purpose of creating an active use park, including creating a crossing over the channel. The future development of this park area will have impacts on the hydraulics and stability of the channel. Additionally, during periods of high flow, the culvert immediately downstream of the railway causes backwatering and thus deposition of sediments. Project Description- PLOC Restoration/Enhancement Segments 2, 3, 4, and 7 Proposed Proiect: The Prior Lake Outlet and Outlet Channel were constructed in 1983 to address high lake level issues on Prior Lake, which does not have a natural outlet. While the channel and outlet have worked well over the past 26 years, the channel in many places could be modified to operate more efficiently and enhance the environment. The PLOC is utilized by the Watershed District in managing lake levels on Prior Lake, as well as a trunk storm water system for the Cities of Prior Lake and Shakopee and the Shakopee Mdewakanton Sioux Community. To address these needs and plan for future development in the watershed, the PLSLWD formed a Joint Powers Agreement/ Memorandum of Agreement with the Cities of Prior Lake and Shakopee and the Shakopee Mdewakanton Sioux Community for the Operation, Maintenance and use of the Prior Lake Outlet Channel. The cooperators have since undertaken a 5-7 year project to restore and enhance the PLOC. The goals of the project are to maintain hydrologic capacity, reduce maintenance needs, provide long-term stability, improve water quality, increase aesthetics, provide improved habitat and provide consistency with city and county plans for parks and greenways. The first phase of this project was the reconstruction of Segment 1 of the PLOC, which occurred during 2005-2006. The remaining segments of the PLOC were reevaluated in 2008 by consulting engineers at Inter-Fluve, Inc. The work they have proposed is summarized below. Segment 2- The work in this segment will consist of raising the elevation of the channel bed, pulling back and lowering the banks and providing grade control structures of both riffles and pools to reconnect the channel with the floodplain. The bed material will be a gravel/cobble backfill. Native materials from on site will be used in the reshaping ofthe banks. Construction will emphasize maintaining existing trees to retain the natural aesthetics of the passive use park. Segment 3-This segment is planned to have bank toe stabilization both with hard armor and bioengineering. Transverse riffles and fabric encapsulated soil benches will also be placed to redirect flows to minimize bank toe erosion and to provide protection of existing site structures and uses. An existing footbridge will be maintained during construction and arrangements will be made to replace it in accordance with the site owner if the on site engineer determines it need to be removed. Segment 4- The proposed work on this segment will consist of various measures to stabilize the bed, banks, and culvert outlets and to augment grade controls. At the upstream end, near Pike Lake Trial NE, there will be rock placed to prevent continued erosion around a secondary inlet pipe, as well as to dissipate energy and minimize bank erosion. Portions of the channel will be over-excavated and backfilled with an immobile cobble/gravel material and a portion of bank will be stabilized with a geocell treatment. Moving downstream to the middle of segment 4, rock will be chinked into existing grade control structures and pools will be filled with asand/gravel mix. Small portions of the bank will be cut back, stabilized and revegetated where concentrated overland flow enters into the channel. The final downstream stretch of Segment 4 will require fencing of livestock and buffer establishment, as well as active seeding and planting of the riparian area. Some bank stabilization and installation of grade control structures will also be necessary. Segment 7- Work in this segment will focus on maximizing effectiveness of existing structures and providing bank toe stabilization. Existing sheet pile weirs will be reinforced with cascading rock grade drops to dissipate energy. Additional rock will be Project Description- PLOC Restoration/Enhancement Segments 2, 3, 4, and 7 placed as bank and bed protection at the outlets oftwo pipes in the channel. The existing gabion structure will be supplemented with rock at the downstream toe. Downstream of the gabion structure a point bar will be removed, a rock toe will be placed, and fabric encapsulated soil benches will be placed in order to prevent further meandering of the channel. All construction will emphasize maintaining existing trees and will be done in accordance to any tree preservation plans. Trees greater than 12 inches DBH or larger will be worked around as directed by the engineer. Any trees removed as a part of the project will be replaced according to the planting plan in the project specifications. All replacement species will be native. Clearing and grubbing will remove non-native and invasive brush where indicated in the plans. All disturbed areas will be seeded with native vegetation. The amount of excavated material is estimated on the plan set. All excavated bank and bed material will be reclaimed as much as possible and used for bank shaping, fabric encapsulated soil benches and other uses as directed by the engineer. Bed fill material will consist of offsite sand/gravel and gravel/cobble mixtures. All offsite material will be obtained from a licensed commercial facility. The exact location of the quarry will depend upon the contractor selected. Estimated earthwork quantities are as follows. These estimates do not account for rock or other material placement. Efforts will be made to balance cut and fill on-site to reduce haul off. Excess cut material will be disposed of oft-site at a location provided by the contractor and approved by the PLSLWD. Segment Earthwork 2 230 CY fill / 460 CY cut 3 50 CY cut /fill balanced 4 250 CY cut /fill balanced 7 350 CY cut /fill balanced No culverts will be removed or replaced as a part of this project. There will be no impact on existing utilities as a part of this project. There will be no change in impervious surface coverage as a result of this project. Additional long term monitoring will be implemented to ensure all constructed areas are maintaining designed function and that all areas are stable prior to conveying water from the Prior Lake Outlet Structure. Actual construction will be scheduled during low flow in the channel in order to avoid erosion. The construction will be planned and coordinated such that it can be completed in as short a time frame as possible during low flow and good weather conditions, such as late this fall or winter. The Prior Lake Outlet Structure will remain closed during the project pending excessive rainfall. Any stormflow will be routed through the construction area. End of day construction activities will include stabilizing the work site in the event of anticipated rainfall. Local weather will be monitored daily. Project Description- PLOC Restoration/Enhancement Segments 2, 3, 4, and 7 The estimated start date is September 1, 2009 and the estimated end date is December 31, 2009 with additional planting work completed in the spring of 2010. Project Cost: The actual cost has yet to be determined pending a bid and a contract. The preliminary cost estimate is: Segment 2- $97,853 Segment 3- $36,736 Segment 4- $105,547 Segment 7- $121,220 20% Contingency- $72,271 Total- $433,628 Contractor's Certificate of Insurance: This will be obtained and supplied as necessary after the PLSLWD selects a contractor and prior to starting construction on the site. Project Footprint: The footprint and area to be disturbed is greater than the one acre NPDES threshold; therefore an NPDES construction storm water permit is required. The contractor will be responsible for applying for, receiving and complying with the MPCA General Permit, Authorization to Discharge Stormwater Permit. The estimated footprint area is as follows. These numbers were calculated based on the limits of disturbance shown in the plans and are conservative. Linear feet of channel was calculated by total length of the segment work, and included the undisturbed areas between portions of work within Segments 4 and 7. Segment Square Footage Linear Feet 2 24,500 500 3 9,700 275 4 235,500 4,350 7 127,703 3,700 Erosion and Sediment Control: The PLSLWD contract will require erosion and sediment control during construction and prior to achieving stability of soils on site. PLSLWD will require this of the contractor and will monitor the site for compliance. Major erosion control is intended to be accomplished by performing all work during dry conditions. Additional erosion control measures will be listed as part of the contract. SWPPP: A SWPPP will be created for this project and will be submitted to all permitting agencies upon completion. Construction Site Access, Maintenance and Hours: Construction site access, site maintenance and hours of construction will be delineated in the bid documents and in the contract with the chosen contractor. Efforts will be made to ensure Project En ineer: The engineering firm for this project is Inter-Fluve, Inc. Project Description- PLOC Restoration/Enhancement Segments 2, 3, 4, and 7 Inter-Fluve, Inc. Wisconsin Office 3602 Atwood Ave, Suite 3 Madison, WI 53714 608-441-0342 Status of other reviews/approvals/permits: The following reviews/approvals/permits may be required of the project: US Army Corps of Engineers: The PLSLWD has submitted an application on June 23, 2009. Minnesota Department of Natural Resources: The PLSLWD has submitted a request for modification of its existing permit for the outlet system (Permit # 1979-60] 6) to incorporate the proposed designs for the restoration and enhancement of the outlet system. City of Prior Lake: The PLSLWD has submitted an application for a Grading Permit and Conditional Use Permit for Segments 2, 3 and 4. These were submitted on June 23, 3009. City of Shakopee: The PLSLWD has submitted an application for a Grading Permit and Conditional Use Permit for Segments 2, 3 and 4. These were submitted on June 23, 3009. NPDES Construction Storm Water Permit: The contractor will be responsible for applying for, receiving and complying with the MPCA General Permit, Authorization to Discharge Stormwater Permit. MN State Historic Preservation Office: The PLSLWD will request review of the project in accordance with Section 106 of the National Historic Preservation Act and Minnesota Statute 138 as applicable. Shakopee Mdewakanton Sioux Community: The PLSLWD is seeking a letter from the SMSC indicating that they have no objection to the project. Scott Soil and Water Conservation District: The PLSLWD is seeking a letter from the Scott SWCD indicating that they have no objection to the project. Lower Minnesota River Watershed District: The PLSLWD is seeking a letter from the LMRWD indicating that they have no objection to the project. Scott County: The PLSLWD is seeking a letter from the Scott County indicating that they have no objection to the project. Project Description- PLOC Restoration/Enhancement Segments 2, 3, 4, and 7 8 0 ~ N = o `3 , ,S i r! O ~ "t ; , ~ _ 4~ Z ~ ~ ~ ~. ~ ~ (~ ~ ._ " ~, ~ 4 _a f z . w,~.~ ~~„ ~ ~ ~ ~ ~ ~~ ~„~,{~ ~ ~ ~ ~ ~,,,.~.,, ~a - ~~ ~ W ~ ~ ~ ~ ~tiN.v:~ ~ Z r ~ ~ `~~ ~ ~ !{FN Z ~ ~ C w1 ~ 2Se 5;~~ Q Q ~v ~„ ~ _- a ~ 8 ~~_1 ~ ~ ~ ~ f ...~,ct W 'y ~ N Y ~ 3 ~q 7 i U ~ ~ ~' tl. 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R1 Gf~ O U r ri r ,- Kl m O~ PR1~ ni ~ , ~z ~, , ,._. Y x~ ~rl n-rI,\,N~ i ~/ 4646 Dakota Street S.E. Prior Lake, MN 55372-1714 PLANNING REPORT AGENDA ITEM: SUBJECT: PREPARED BY: PUBLIC HEARING: CASE FILE #: DATE: INTRODUCTION: 3B PUBLIC HEARING TO CONSIDER AN INTERIM USE PERMIT TO ALLOW AN ALTERNATIVE SCHOOL IN THE C-2 (GENERAL BUSINESS) ZONING DISTRTICT JEFF MATZKE, PLANNER X YES NO-N/A EP 09-120 JULY 13, 2009 Prior Lake /Savage Area Schools ISD #719 has applied for an Interim Use Permit (IUP) to allow an alternative school on a site located within the Northgate Center at 15875 Franklin Trail. A 15,100 square foot commercial building is currently located on the site. The property is zoned C-2 (General Business). An Alternative School is permitted with an Interim Use Permit in the C-2 district, subject to the following conditions: 1102.1104 (1) Alternative School. Conditions: a. A student transportation and parking plan shall be submitted demonstrating that parking needs will be met for all tenant space. b. An adult over the age of 21 shall be on the premises during hours of operation in a supervisory capacity. c. A pedestrian plan shall be provided in order to maintain vehicular and pedestrian safety. d. Outdoor areas intended for group activities shall be located at least 25 feet from any lot in an "R" Use District and shall be buffered from such residential lot with a buffer yard, Type C as described in Subsection 1107.2005. PHYSICAL SITE CHARACTERISTICS: Total Site Area: The total site is approximately 1.53 acres. Existing Use: A 15,100 square foot commercial building is currently located on the site. Topography: The site has been previously graded for the commercial building and parking. No additional grading is proposed as part of this project. I:\09 files\09 iup\area learning center -prior I~a~a~~~]~~.~i~jrjFt 719\pc report.doc Phone 952.447.9800 /Fax 952.447.4245 Vegetation: The property was previously landscaped as part of the commercial development. No further landscaping will be required as part of the project. Wetlands: No wetland areas exist on the site. Access: Access to this property is from Franklin Trail. Adjacent Existing Uses, Land Use, and Zoning: Existing Use Land Use Zoning Desi nation West Commercial Businesses C-CC (Community C-2 bank, offices Retail Sho in East Edgewood School R-LD (Urban Low R-1 Densit Residential North Commercial Businesses C-CC (Community C-2 offices Retail Sho in South Group Home R-HD (Urban High R-3 Densit Residential ANALYSIS: The applicant is requesting approval of an IUP to allow an alternative school in a C-2 Zoning District. Parking: The Zoning Ordinance requires one parking space be provided for each 5 students plus 1 parking space per 2 classrooms. The alternative school will have a maximum of 80 students on site at any one time and four classrooms, therefore 18 parking spaces are required. The site plan indicates the total site contains 70 parking spaces. The applicant has provided a table outlining the parking spaces allocated for each use on the site. The applicant assumes the vacant spaces will be utilized by retail or service oriented businesses. It should be noted, however, that the site may be limited in the future to the amount of restaurant space or other uses which require a greater amount of parking. The applicant has also indicated that students will have access to bussing from an alternate location and can be transported to and from the site, thus not taking up necessary parking. Storm Water: No new impervious surface areas are proposed with the project, so no further storm water analysis is required. Signs: All proposed signage will need to meet the Code requirements related to the C- 2district. The applicant is required to apply for sign permits for any proposed signage. I:\09 files\09 iup\area learning center -prior lake-savage area school district 719\pc report.doc 2 ALTERNATIVE SCHOOL FINDINGS: Section 1102.1104 (1) of the Zoning Ordinance allows an alternative school with an Interim Use Permit in the C-2 District. The use is subject to four criteria, listed below. The review of the request in respect to these criteria is shown in bold lettering. • A student transportation and parking plan shall be submitted demonstrating that parking needs will be met for all tenant space. The applicant has indicated that parking needs will be met on the site. In addition, safe bus drop-off and pick-up locations are identified for the site. A shuttle bus will be offered to transport students from the high school to the alternative school site. • An adult over the age of 21 shall be on the premises during hours of operation in a supervisory capacity. The applicant indicates no students will be on-site without proper adult supervision. • A pedestrian plan shall be provided in order to maintain vehicular and pedestrian safety. The site plan indicates pedestrian crossings provided for the safety of the students. • Outdoor areas intended for group activities shall be located at least 25 feet from any lot in an "R" Use District and shall be buffered from such residential lot with a buffer yard, Type C as described in Subsection 1107.2005. The alternative school will not include outdoor learning areas. INTERIM USE PERMIT FINDINGS: Section 1108.200 of the City Code sets forth the general criteria utilized to review an IUP application. (1) The use is consistent with and supportive of the goals and policies of the Comprehensive Plan. Two of the objectives of the Comprehensive Plan are to `promote sound land use" and "encourage the development of a broad range of educational and learning opportunities for persons of all ages." The location of an alternative school as an interim use on this site is consistent with these objectives. (2) The use will not be detrimental to the health, safety, morals and general welfare of the community as a whole. The uses will not be detrimental to the health, safety, and general welfare of the community as a whole provided all conditions of approval are met. (3) The use is consistent with the intent and purpose of the Zoning Ordinance and the Use District in which the Interim Use is located. The purpose of an Interim Use Permit is to permit certain uses, while generally not suitable in a particular Zoning District, that under certain circumstances may be I:\09 files\09 iup\area learning center -prior lake-savage area school district 719\pc report.doc acceptable for a prescribed period of time. The alternative school is an appropriate interim use for this site. The site is directly adjacent to school property and is safe for pedestrian crossings. (4) The use will not have undue adverse impacts on governmental facilities, services, or improvements, which are either existing or proposed. So long as a-I conditions of approval are adhered to the uses will not over burden municipal facilities. (5) The use will not have undue adverse impacts on the use and enjoyment of properties in close proximity to the interim use. The Zoning Ordinance places conditions on alternative schools in the C-2 Use District to protect adjacent uses. Provided all conditions are met, the use will not have undue adverse impacts on the properties in close proximity. (6) The use conforms to (is allowed in) the zoning district. An Alternative School is allowed in the C-2 Use District with the approval of an Interim Use Permit. (7) The date or event that will terminate the use can be identified with certainty. The applicant states they anticipate "occupying the facility for at least the next 3 to 5 years unless the district can find existing space within the current buildings in the next couple years." As a condition of approval staff recommends the alternative school be allowed as an interim use no longer than 5 years. (8) Permitting the use will not impose additional costs on the city if it is necessary for the city to take the property in the future. It is not anticipated that the use will impose additional costs on the City if it is necessary for the City to take control of the property in the future. (9) The permittee agrees in writing to any conditions that the City Council deems appropriate for permission of the use. Prior to the legal recording of the interim use permit at the Scott County Offices, the permittee will be required to agree in writing to any additional conditions that the City Council deems appropriate for permission of the use. (10) 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 Planning Commission and incorporated as part of the conditions imposed on the use by the Planning Commission. The required site plans for the application were prepared by a professional architect. (11) 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 IUP approved by the City Council. No updated drainage and utility plans are required for the project. I:\09 files\09 iup\area learning center -prior lake-savage area school district 719\pc report.doc 4 (12) The use is subject to such other additional conditions which the Planning Commission or 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 Planning Commission or City Council may impose restrictions and conditions on the IUP 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 IUP approved by the City Council. The Planning Commission and City Council may revise recommended conditions or attach additional conditions, as they deem appropriate to protect the general welfare, public safety, and neighborhood character. CONCLUSION Overall, staff believes the alternative school as an interim use is consistent with the intent of the C-2 Use District provided conditions of approval are met. Based upon the findings set forth in this report, staff recommends approval of the Interim Use Permit. In order to meet the above-listed criteria, the staff recommends the following conditions: 1. The applicant shall record the Conditional Use Permit at Scott County no later than 60 days after City Council approval. 2. All conditions listed in Section 1102.1104(1) of the Zoning Ordinance shall be met. 3. The alternative school use shall terminate on the site within 5 years. 4. Prior to the legal recording of the Interim Use Permit at the Scott County Offices, the permittee will be required to agree in writing to any additional conditions that the City Council deems appropriate for permission of the use. ALTERNATIVES: 1. Recommend approval of the IUP with conditions as recommended or any other conditions the Planning Commission feels are warranted. 2. Recommend denial of the IUP. In this case, the Planning Commission should be specific about findings of fact. 3. Continue the request to a specific date and direct the applicant to provide the necessary additional information. RECOMMENDATION: The Planning staff recommends approval of the IUP subject to the listed conditions. ACTIONS REQUIRED: A motion and second to recommend approval of an Interim Use Permit to allow an alternative school in the C-2 Zoning District, subject to the listed conditions ATTACHMENTS: 1. Location Map 2. Site Plan and Applicant Narrative I:\09 files\09 iup\area learning center -prior lake-savage area school district 719\pc report.doc SCHOOL DISTRICT #7~9 INTERIM USE PERMIT REQUEST - ' __ rn z~ p~ ~ Q ~ H o m W Q Z ~Q ~ ~ T ~v ( j c 3 ~ ~ ~e f k ~ ~ E = a ° Z Q c i ~ z DSL s ~ M 1 S 3'M O ~ ~- t 9 Y~.. ~~ ..A'....... .......... .... . ., - ~ a 1 3 3 ?~ 1 S `1 b k N N~`3 1 N~~,3 J 133L~15 ,lbPn31V~ 8 sx ..I / J - I I ~ ~ 8 ~ z I L ~ Y Z i Q C 4 . .4. ~ 1.-i Ii ~~ '" z i Q 4` w o C~=- o-, 0 -~ o -~ ~ ~ ~ I ~ ~ ~~ T m ~, W ~~ N N V V Q ~ o o ¢ ¢ e ~ m N m a o n - ~ e m ~ U J ¢ t/1 ~ J n ¢ U p ~ _ N p W U t0 Z U W p 6 F a ~ N ~ ¢ N t(1 N W zz~ oz N, o ~ ,~ ? Oa > w m a n o~ Q~ J ~a o~ I I m.anw~~a-~~au~-~z aua~ 1uo~por i ~ana~ i aui~ nsid ¢ N ~ ' V rn z[[ a~ u W Q Z ~~ ~ Q W E ~~ U ~ 6 Sit ~ ~ I d E Q Z J Q a ou° . ~ '`~ O Q ~ 9 tGJ vi 0 ~, ~J o 0 N -' N C~ N i Jr C~ Z ~J ~ T CD f Q Z Q J Q K ~ 0 ~I~ u.:> \J I ~f 8~ ~s J 4 ~ O Qg ~~w,.~w r..,~.<~...,r-s~.~cm 1u o~pon ~~TT 1 1 I I I I I I I la~a~ I I I~ ~uv-xMra~v snw~.a~+-.aw~ans rr.~.i ~.+ au~i spa a /~' e~osauury~ 'a~a~ Loud 2131N3J 31b'JH1210N 1 ~< Y~~ o. >->, ~Niaiina ; s ~ < a 43SOdONd a d ~~ C,'u] ~C~ o cv ~ c? S ~ ~ ~~ O] Application 8. Bridges Area Learning Center is an educational facility designed to address the needs of the leazzzez• who does not fiinction well in a traditional high school. The proposed lease facility will fiinetion as a separate school building/program with in the Prior Lake - Savage area school district. We propose to lease units 108, 109, 110 and 111 to house up to 100 students and up to six staff members within five years. Bridges Area Learning Center is a new program and we are estimating that we will start with around 40 students in September of 2009. We would anticipate occupying the facility for at least the next 3 to 5 years unless the district can fmd existing space within our current buildings in the next couple of years. To house and educational program such as this, eve need start up space and space to expand into. The location has to be convezuent far the students of our community and we need a facility that meets cuzxezrt building codes. We also need a facility with parking available and an entrance separate from. other facilities. The Northgate Center facility meets these criteria and is situated in very close proximity to other district facilities. The school district does not have the fiscal resources to build its o~vn facility at this time and thus the necessity to lease an existing facility. This facility has been sitting largely empty for several years and will still have five lease spaces available for retail. The benefit is for the children of our community. Gyre currently da not have a "local" Area Learning Center and the closest facility for these students is in Burnsville or Lydia. With the close proximity to our high school, students would be able to attend classes a both the Az•ea Learning Center and Prior Lake Iligh School. 'I'lze goal of Bridges Area Learning center is to provide a quality education for our non-traditional s#ttdents to give them the tools they need to be successfizl in their fut{rre endeavors. We researched other facilities in the area and found that the Northgate facility is the only viable option for us. Independent School District #719 Wold Architects and Engineers Area Learning Center --Interim Use f ermit June 22, 2009 Genex•al Development Plan # 6 Partcing Requirements City of Prior Lake Zoning Ordinance 1107.300 number of Required Off Street Parking Spaces. The existing parking provides 70 parking stalls. There are no proposed changes to the number of parking spaces proposed The School District is anticipating a maximum number of students at 100. However, no more than 80 students would be on site of any given time. (4 c#assrooms x 20 students}. Tennant Area Unit Method Parking Count Sa#on Pacific 2081 SF 1:180 12 Singwald's ATA 1940 SF 1:200 10 Proposed School (80/5}+ 1*4/2) Students/5 plus 1 pert classrms. _ _ 18 ~ Vacant 1352 SF 1:200 (assumed 7 Vacant 4460 SF 1:200 assumed 23 Total Required Spaces 70 Analysis: The required parking, assuming 200 sf per space for vacant space, meets the requirements of the ordinance. DPIPromollSp 719lrptsl6-22-09 Commission No. 9999 General Development Plan (Section 1108,205) ].1. The purpase of an Area Learning Center is to provide a quality education for students who find it difficult to learn in the standard school environment. Smaller class sizes, individualized cturiculum and alternative instruction are the three main attributes of an Area Learning Center which help students to succeed. We propose to open our doors in September and run our school year on the same schedule as Prior Lake High School including a sununer session which tivill end sometime mid July. We would also offer evetung credit recovery classes to help students get back on track far graduation, Our basic school day will ntn fiom 7:2U a.m. to 3:20 p.m. Students will attend from 8:20 a.m. to 2:40 p.m, We intend on ntnning late afternoon credit recovery classes from 3:30 p.m. to 6:30 p.m. No students will be in the building without proper adult supervision. We are anticipating 40 to 50 students initially with room. to expand to 80 to i00 students, (the leased space is around 5,000 sq. ft.), We do nat intend on using any outside spaces as learning areas. Shtdents may opt to use dis#rict Transportation for the basic school day. Shtdents would ride our standard bus routes to the high school and then take a shuttle bust to the Area Learning Center. This would involve one bus dropping the students off at around 8:10 a,m. and one bus picking the students up at the end of the day at around 2:45 p.m. We would mark the parking lot with appropriate striping to provide a safe crossing area for the students. We anticipate that some students will choose to drive to the facility. Based on what we have seen at other Area Learning Centers, we anticipate 8 to 10 students driving to school. General Development Plan {Sectian 1108.205) 2. ~Ve propose to lease units 108, 109, 110 and 111 to house up to 100 students and up to six staff members within five years. Initially we anticipate opening the doors with 40 to 60 students atzd three to four staff members. The four spaces are adequate for our zzeeds and will need no "retrofitting". The spaces will be used for classrooms and offices all for educational programming. The facility meets all code requirements and will need no updating. The outside of the facility is adequate for our purpose as is the exterior lighting. We would propose to put a sign on the facility ~vith the name of the program, "Bridges Area T earning Center". The sign would be no more than Sft tail by 16ft long. ~~ PRI~~ ti >` v 4646 Dakota Street S.E. U fi Prior Lake, MN 55372-1714 ~In'NESn~P STAFF REPORT AGENDA ITEM: SA SUBJECT: CONSIDER A PROPOSAL TO TRANSFER CITY LAND TO HABITAT FOR HUMANITY PREPARED BY: DANETTE M. PARR, COMMUNITY DEVEPMENT AND NATURAL RESOURCES DIRECTOR PUBLIC HEARING: YES X NO-N/A DATE: JULY 13, 2009 INTRODUCTION: The purpose of this staff report is to share with the Planning Commission information regarding a possible opportunity for the City to partner with Habitat for Humanity for the future construction or relocation of a residential home on City owned property located at 3631 170th Street (location exhibit attached). According to Section 110.300 of the City Code: "DISPOSITION OF REAL PROPERTY: No publically owned interest in real property within the City shall be acquired or disposed of until after the Planning Commission has reviewed the proposed disposal and reported in writing to the City Council findings as to compliance of the proposed disposal with the Comprehensive Plan." For that reason, the Planning Commission is being asked to review the proposal and forward on a recommendation for the City Council to consider prior to their final decision. Chad Dipman, Land Acquisition Project Manager for Habitat for Humanity, will be available at the July 13th Planning Commission meeting to answer Commissioners questions related to the Habitat for Humanity organization and the potential for a partnership with Habitat for Humanity to locate a future residential structure at 3631 h 70th Street. DISCUSSION In 2007 as part of the CR 12 project from TH 13 to Walnut Avenue the County acquired 3631 170th Street SW (CR 12) for the extension of Elm Avenue to the Stonebriar Development. The City and County previously approved an Access Management Plan with MNDOT that limits the access to the Stonebriar property. This Agreement was required in order to receive $850,000 in funding from MNDOT for the project. The total cost of acquisition including consultant fees was $375,000. After splitting the parcel to create the needed right-of--way, there remained a l:\09 files\09 subject\habitat for humanity\july 13 hj,~p~i {~ijyl~]~~.~p1 Pacc 1 Phone 952.447.9800 /Fax 952.447.4245 14,566 square foot lot remaining on the corner of CR 12. As part of a Cooperative Agreement, the County conveyed the property to the City. The County also deferred the City's contribution to the right of way acquisition detailed above until the City sold the property as part of the phase II of the CR 12 project scheduled to begin in 2010. The Cooperative Agreement details that the City will owe the County $100,000 at that time, as the County paid 100% of the acquisition costs of the lot for right of way. ISSUES: Habitat for Humanity is a widely respected organization that has successfully completed residential sites in Scott County and throughout the metro, U.S., and abroad. Habitat for Humanity is an organization that has not previously built within Prior Lake, for that reason, Prior Lake citizens will likely have many questions, including the following: Who will pay the costs associated with the land and cost of the construction? The land was acquired as part of the CSAH 12 project. Habitat for Humanity is asking for that the City land be donated to their organization in exchange for their agreement to construct a house on the site meeting the need of entry level and median homebuyers. The previous residential structure had SAC, Park Support, City Sewer and Water Fees, and Water Tower credits associated with it before it was removed from the site. As part of the above agreement, Habitat for Humanity would ask that the credits (estimated value of $5,350) be applied to this project. The following fees would be paid by Habitat for Humanity, in addition to any other costs associated with construction and inspections: 2009 Charges Associated with Building Permits For a proposed single family dwelling at 3631 170t" St. Estimated Value = $250,000.00 Buildin Permit Fee $1,953.50 Plan Review Fee 1,269.78 State Surchar e 125.00 X980:99 (1 credit) 558:$9 (1 credit) X599:99 (1 credit) `"'~+°~~'~~~~°°°°° ~-999:99 (1 credit) Water Meter - 5/8" 335.00 Water Pressure Reducer - 5/8" 90.00 Builder's De osit (Refundable) 1,500.00 Basic Plumbin Permit Fee 150.00 Basic Heatin Permit Fee (with A/C) 150.00 Sewer and Water Permit Fee 52.00 Gas Fire lace Permit Fee 50.00 TOTAL $5675.28 l:A09 files\09 subject\habitat for humanity\july 13 habitat for humanity pc report.doc Page 2 (1500.00 refundable) $4175.28 Is Habitat for Humanity providing further compensation to the City for the property? At this time, Habitat for Humanity is not offering compensation to the City for the property. It should also be noted that if the property is sold, the revenue funds would not be placed in the general fund, but instead are required to be placed into the Street Oversize Fund. What is the value of the lot at 3631 170`h Street? Staff requested that Habitat for Humanity have an appraisal conducted on the lot at 3631 170t~ Street. The appraisal (attached) valued the site at $58,000. Staff also contacted Michael Thompson, appraiser, with the Scott County Assessors Office who considered the site in relation to other comparable sites and came to the conclusion that if the City wanted to sell the lot in today's market, the City could ask for $40,000 to $50,000. Are there legal concerns regarding the transfer of City owned land? If the City did decide to transfer the subject land to Habitat for Humanity, there do not appear to be any legal concerns. However, as other Scott County communities have done previously with land transfers between the City and Habitat for Humanity, the City would transfer the land to the Scott County CDA (Community Development Agency) and they would transfer the land to Habitat for Humanity. Staff has spoken with Bill Jaffa, Executive Director of the Scott County CDA, and they have agreed to facilitate the process if the City wishes to proceed in this manner. Who would be responsible for the future construction of the residential structure? Typically, construction is done in combination with volunteers, the future homeowners, community partners, and Habitat for Humanity staff. Wliat would the residential structure look like? The future house design has not been fully established. However, Staff believes the design of the home should reflect the existing neighborhood and posses many of the architectural elements on the facades of the adjacent Stonebriar development. There should be no long term distinctive features that would make the home distinguishable as a Habitat for Humanity home within the neighborhood. Habitat for Humanity is also considering the possibility of relocating and rehabilitating an existing home that was preciously located in The Bluffs at Northwood Meadows development (elevations attached). L\09 files\09 subject\habitat for humanity\july 13 habitat for humanity pc report.doc Page 3 CONCLUSION: In the past, the City has considered possible ways to increase attainable housing for Prior Lake residents. In acknowledgement of this fact, City staff has been looking for creative ways to support the 2030 Comprehensive Plan and 2030 Vision and Strategic Plan related to Housing Quality and Diversity particularly in respect to the following goals and objectives of the 2030 Comprehensive Plan: • Encourage the development of suitable housing in a desirable environment. • Provide opportunities for a variety of affordable high quality housing. • Maintain choice of and encourage development of quality residential environments. • Work with the County Housing and Redevelopment Authority, other agencies, foundations and non-profit agencies to assist in meeting housing needs. • Identify and implement innovative strategies for meeting the needs of entry-level and median-income house buyers. • Achieve diverse housing. As the Planning Commission may recall, in the past the City has attempted to integrate attainable housing within PUD's (one example was in the Stonebriar development). However, no mechanism was found that would allow for reasonable measures to assure that the attainable housing pricing was not drastically impacted by elevated housing costs associated with construction upgrades or changes in ownership. In addition to considering if the transfer of the land to Habitat for Humanity is consistent with the 2030 Comprehensive Plan, the Planning Commission may also want to make a recommendation as to if Habitat for Humanity should be required to provide any form of compensation to the City for the subject land. ALTERNATIVES: Provide recommendations to the City Council regarding the following: 1. If the proposal to transfer City land to Habitat for Humanity to facilitate a future residential site is consistent with the 2030 Comprehensive Plan. 2. If Habitat for Humanity should be required to provide compensation for the land. 3. If the parcel should be sold to recoup a portion of the right of way investment cost (any recouped proceeds would be directed to the Street Oversize Fund). ATTACHMENT: 1. Location Map 2. Appraisal 3. Elevations (if an existing structure were used) I:A09 files\09 subject\habitat for humanity\july 13 habitat for humanity pc report.doc Page 4 Value Advisors LLC 226 Exchange Street South, Suite A, Saint Paul, MN 55102 APPRAISAL OF LOCATED AT: 3631 170 th Street SW Prior Lake, MN 55372 FOR: Twin Cities Habitat For Humanity 3001 4th Street SE Minneapolis, MN 55414 BORROWER: N/A AS OF: June 2, 2009 BY: George Curtis Value Advisors LLC Value Advisors LLC 226 Exchange Street South, Suite A, Saint Paul, MN 55102 6/3!2009 Mr. Chad Dipman Land Acquisition Project Manager Twin Cities Habitat For Humanity 30D1 4th Street SE Minneapolis, MN 55414 File Number: 1338 Dear Chad In accordance with your request, I have appraised the real property at: 3631 170 th Street SW Prior Lake, MN 55372 The purpose of this appraisal is to develop an opinion of the market value of the subject property, as vacant. The property rights appraised are the fee simple interest in the site. In my opinion, the market value of the property as of June 2, 2009 is: 58,000 Fifty-Eight Thousand Dollars The attached report contains the description, analysis and supportive data for the conclusions, final opinion of value, descriptive photographs, limiting conditions and appropriate certifications. Thank you, George Curtis Value Advisors LLC Owner! Certified Appraiser Value Advisors LLC AND APPRAISAL REPORT FfleNn lssa Pro ert Address 3631 170 th Street SW Census Tract 0809.04 LENDER DISCRETIONARY USE Cit Prior Lake Count Scott State MN Zi Code 55372 Sale Price E Le al Descri lion See Attached Addendum Date OwnerlOctu ant Ci Of Pflor Lake Ma Reference 161IA4 kin s Mortgage Amount S Sale PriceE N/A Date of Sale N/A Property Rights Appraised Mortgage Type Loan char es/concessions to be aid b setter E N/A ^X Fee Simple Discount Points and Other Concessions R.E. Taxes E 0.00 Tax Year 2010 HOA E/MO. N/A ^ Leashold Paid by Seller 8 Lender/Client Twin Cities Habitat For HUmani ^ Condominium (HUONA) 3001 4th Street SE Minnea olis MN 55414 PUD Source LOCATION Urban X Suburban Rural BUILT UP ^X Over 75% ^ 25-75 % ^ Under 26% GROWTH RATE ^ Rapid ®Stable ^ Slow PROPERTY VALUES ^ Increasing ®Stable ^ Dedining DEMAND/SUPPLY ^ Shortage ^X In Balance ^ Over Supply MARKETING TIME Under 3 Mos. 3-6 Mos. Over 6 Mos. NEIGHBORHOOD ANALYSIS c°m A.g. rear vo« Employment Stability ^ ®^ ^ Convenience [o Employment ^ ® ^ ^ Convenience to Shopping ODD D Convenience to Schools ^ X^ ^ ^ Adequacy of Public Transportation ^X ^ ^ ^ ~ PRESENT LAND USE % • Single Family 85 % • 2-4 Family 5% "Multi-Family 5% LAND USE CHANGE Not Likely ^X Likely ^ In process ^ PREDOMINANT OCCUPANCY Owner ^X Tenon[ ^ SINGLC FAMLY I-pIISING PRICE AGE $(000) (yrs) 75 Low New Recreation Facilities ^ © ^ ^ Adequacy of Facilities ^ X^ ^ ^ Property Compatibility © ^ ^ ^ Protection from Detrimental Cond. ^ © ^ ^ Commercial 3% To: Vacant (0-6%) ^X 1150 High 99 Police & Fire Protection ^ © ^ ^ Industrial 0% Vacant (over 5%) ^ Predominant General Appearance of Properties ^X ^ ^ ^ Vacant 2% 338 - 18 A eat to Market X Note: Race or the racial composition of the neighborhood are not considered reliable appraisal factors. COMMENTS~The Sub~eCt Is bcated in a rOwin net hborhood of sin le fami homes and attached townhomes. Parks off courses and the nearb Prior Lake enhance the area. Schools sho in worshi recreation and most desired amenities are convenient. Interstate 94 is close for ood access to em to ment. Downtown Minnea olis is 25 minutes to the north. Dimensions 122.26x120.15x121.15x119.21 Topography Basicall Level Site Area 14 566 Sg.Ft. +/- Corner Lot e5 Size T ICaI fOf Afea zoning classihcation Rt-Low density Residential zonirgcompliance es HIGHEST&BESI USe Present Use es other use Shape Rectan ular Drainage A ears Ade uate UTILITIES Public Other Electricity © Gas ^X Water ® Sanitary Sewer ^X Sturm Sewer SITE IMPROVEMENTS Type Public Private Street Asphalt ^X ^ CurblGutter © ^ Sidewalk ^X ^ Street Lights ® ^ Alte None View T teal Landscaping T teal Driveway N!A Apparent Easements teal FEMA Flood Hazard Yes' No X FEMA' Ma zone 27043200030 Comments (Apparent adverse easements, encroachments, special assessments, slide areas, etc.): These ware n0 a arent adverse easements or encroachments noted. T teal unlit easement for electrici sewer and tele hone do not adversel affect value. However no surve or title search was conducted b our a raiser. The and ersigned has recited three recent sales of properties most slmillar and proaimate to subject end has c°nsitl ered these In the market analysis. The desert pti°n theta O¢s a dollar adjustment, reflecting marker reaction la those hems °I significant variation between the subject and comps rahle properties. ll a signirica tit hem In the comparable property Is superior lo, o e lavora°le Than. the subject properly, a s (-) adjustment Is mate, thus reducing th¢ Intlicatetl value ar subject; if a signlricant Item in the comparable is Interior tn, r lessmla vorable than, th¢ subJ ect property. a plus Iml na djustmenr Is made, thus Increasing th¢ Intlicaletl value or the subject. ITEM SUBJECT COMPARABLE N0.1 COMPARABLE N0.2 COMPARABLE N0. 3 Address 3631 170 th Streets Prior Lake 15860 Fish Point Road SE Prior Lake 14730 Carriage Lane NE Prior Lake 2224 Wldwood Drive Prior Lake Proximlt to sub~ect 2.59 Miles southwest 1.4 Miles northeast 4 Mlles northeast Sales Price E N/A E 55 OOD E 52 000 E 100 000 Price! E IA E ~ E ~ E lb ' Data Source MLS/ DOM: 6 MLS/ DOM:85 MLS/ DOM:79 VALUE ADJUSTMENTS DESCRIPTION DESCRIP710N .Flsaausmem DESCRIPTION .(-)3 ~ mnax DESCRIPTION .(ds usunem • Sales or Financing Concessions Cash None Known Cash None Known Cash None Known Date of saleliimc N/A 10/15/2008 4/10(2008 5/7/2009 _ . Location Suburban Suburban Suburban Suburban SiteNiew T teal T teal T teal T teal __ ~ Unlit Good Good Good Good ' Size .33 acre 1.3 Acres 23 Acres 1.14 Acres N/A N/A N/A NIA N/A __ N/A N!A N/A NIA N/A Net Ad'. total X+ ' E 0 + ' E 0 ' E 0 Indicated Value of Sub'ect Gross: 0.0 Nel: 0.0 4 55 000 Gross: 0.0 Net: 0.0 S 52 000 Gross': 0.0 Nel: 0.0 E 100 000 Comments of Sales Comparison: Set Attached Addendum Comments and Conditions of Appraisal: A raised as is. No re airs or Conditions are called tor. This is a com lete a raisal with a summa re ort in conformit to USPAP. Final Reconciliation: Most weight given to the sales comparison analysis as it is the most reliable indicator of value, The cost approach and_ income a roach were considered but not develo ed as there was a lack of reliable data. I (WE) ESTIMAI E THE MARKET VALUE, AS DEFINED, OF THE SUBJECT PROPERTY AS OF June 2 2009 to be $ 58~ODi) • I (We) certify. that to the best of my (our) knowledge and belief, the facts and data used herein are true and co« ett; that I (we) personally inspected the subject props-,'; and inspected all c~olmp~a-rable-sales cited in this report; and that I (we) have no undisclosed interest, present or prospective therein. • Appraiser(s) -~ ( - 1 e- ~.-i"'~~~ Review Appraiser ^ Did ^ Ditl Not Geor e Curtis (if applicable) Inspect Properly RopdClary lZrd farm 04iE8 haduced using AC.I mnwere eop 1l1 e1n xww acwrm tom Value Advisors LLC ADDENDUM Borrower. N!A File No.: 1338 Property Address 3631 170 th Street SW Case No.: City' Prior Lake State, MN Zio: 55372 Lender. Twin Cities Habitat For Humanity Intended users The sole intended user of this appraisal is Twin Cities Habitat for Humanity . The intended use of this appraisal is to develop an opinion of market value. No other users are identified by the appraiser and no other use is authorized. Privacy statement All financial institutions are required to disclose their policy of dissemination of personal data. As Real Estate Appraisers, Value Advisors LLC is included in this requirement. We will not share any personal data included in this appraisal with any unauthorized parties. (authorized parties include: The named clientfor this report, peer reviewers & other parties as authorized by federal and state statute). Legal Description Sect-10 Twp-114 Range-022 .98 AC P/O NW1/4 NE1/4 COM NW COR NW 7/4 NE1/4, E ON N LINE NWt/4 641.80' TO POB, S 166', E 177', N 168', W 177' TO POB Site Comments Note: Scott County land record reflects a discrepancy in parcel size. Per county data (on-line) the Deedable size is .96 Acres and GIS size is .33 acres. Your appraiser utilized the GIS measuring tool (county provided on-line) and determined that the .33 acres size is most likely accurate. This this appraisal is based on that figure. It is an extraordinary assumption that the actual parcel size is .33 acres. In addition it is an extraordinary assumption that the measuring tool is basically accurate. If additional data becomes available your appraiser reserves the right to change any aspect of this appraisal, including the final option of value. Comments on Sales Comparison I have completed a through search of the properties which were listed and sold during the pervious calendar year through the Greater Metropolitan Area Multiple Listing Service in an attempt to to locate sales of similar properties in the immediate subject neighborhood. All three comparables have closed. It is my opinion that these sales are the best indicators of value available for the subject property. No adjustments were made as all three sales are considered to be basically comparable. Your appraiser considered all three sales informing the final opinion of value. However comp 2 is most similar and in closest proximity. Additional Comments Note: No tax data was available to your appraiser as of the effective date of this appraisal. It is an extraordinary assumption that tax data is typical with no adverse inFluence on the market value of the subject property. Fie No, ~ 338 DEFINITION OF MARKET VALUE: The most probable price which a property should bring in a competitive and open market under all conditions requisite [o a fair sale, the buyer and seller, each acting prudently, knowledgeably and assuming the price is not affected by undue stimulus. Implicit in this definition is the consummation of a sale as of a specified date and the passing of title from seller to buyer under conditions whereby: (7) buyer and seller are typically motivated; (2) both parties are well informed or well advised, and each acting in what he considers his own best interest; (3) a reasonable time is allowed for exposure In [he open market; (4) payment is made in terms of cash in U.S. dollars or in terms of financial arrangements comparable thereto; and (5) the price represents the normal consideration For the property sold unaffected by special or creative financing or sales concessions' granted by anyone associated with the sale. 'Adjustments to the comparables must be made for special or creative financing or sales concessions. No adjustments are necessary for those costs which are normally paid by sellers as a result of tradition or law in a market area; these costs are readily identifiable since the seller pays these costs in vi«ually all sales transactions. Special or creative financing adjustments can 6e made to the comparable property by comparisons to financing terms offered by a third party institutional lender that is not already involved in the property or transaction. Any adjustment should no[ be calculated on a mechanical dollar for dollar cost of the financing or concession but the dollar amount of any adjustment should approximate the market's reaction to the financing or concessions based on the Appraiser'sjudgment. STATEMENT OF LIMITING CONDITIONS AND APPRAISER'S CERTIFICATION CONTINGENT AND LIMITING CONDITIONS: The appraiser's certification that appears in the appraisal report is subject to the following conditions: 1. The appraiser will not be responsible for matters of a legal nature that affect either the property being appraised or the title to it. The appraiser assumes that the title is goad and marketable and, therefore, will not render any opinions about the title. The property is appraised on the basis of it being under responsible ownership. 2. The appraiser has provided a sketch in the appraisal report to show approximate dimensions of [he improvements and the sketch is included only to assist the reader of the repo« in visualizing the grope«y and understanding the appraiser's determination of its size. 3. The appraiser has examined the available flood maps that are provided by the Federal Emergency Management Agency (or other data sources) and has noted in the appraisal report whether the subject site is located in an identified Special flood Hazard Area. Because the appraiser is not a surveyor, he or she makes no guarantees, express or implied, regarding this determination. 4, The appraiser will not give testimony or appear in court because he or she made an appraisal of the property in question, unless specific arrangements to do so have been made beforehand. 5. The appraiser has estimated the value of the land in the cast approach at its highest and best use and the improvements at their contributory value. These separate valuations of the land and improvements must not be used in conjunction with any other appraisal and are invalid if they are so used. 6. The appraiser has noted in the appraisal report any adverse conditions (such as, needed repairs, depreciation, [he presence of hazardous wastes, toxic substances, etc.) observed during the inspection of [he subject property or that he or she became aware of during the normal research involved in performing [he appraisal. Unless otherwise stated in the appraisal report, [he appraiser has no knowledge of any hidden or unapparent conditions of the property or adverse environmental conditions (including the presence of hazardous wastes, toxic substances, etc.) that would make the property more or less valuable, and has assumed [hat there are no such conditions and makes no guarantees or warranties, express or implied, regarding the condition of the properly. The appraiser will not be responsible for any sucft conditions that do exist or for any engineering or testing that might be required to discover whether such conditions exist. Because the appraiser is not an expert in the field of environmental hazards, the appraisal report must not be considered as an environmental assessment otthe property. 7. The appraiser obtained the information, estimates, and opinions that were expressed in the appraisal report from sources that he or she considers to 6e reliable and believes them to be true and correct. The appraiser does no[ assume responsibility for the accuracy of such items that were furnished by other parties. 8. The appraiser will not disclose the contents of the appraisal report except as provided for in the Uniform Standards of Professional Appraisal Practice. 9. The appraiser has based his or her appraisal report and valuation conclusion for an appraisal [hat is subject to satisfactory completion, repairs, or alterations on the assumption that completion of the improvements will be pedormed in a workmanlike manner. 10. The appraiser must provide his or her prior written consent before the lenderlclient specified in the appraisal report can distribute the appraisal report (including conclusions about the property value, the appraiser's identity and professional designations, and references to any professional appraisal organizations or the firm with which the appraiser is associated) to anyone other than the borrower; the mortgagee or its successors and assigns; the mortgage insurer; consultants: professional appraisal organizations; any state or federally approved financial institution; or any department, agency, or instrumentality of the United States or any state or the District of Columbia; except that the lenderlclient may distribute the property description section of the report only to data collection or reporting service(s) without having to obtain [he appraiser's prior written consent. The appraiser's written consent and approval must also be obtained before the appraisal can be conveyed by anyone to the public through advertising, public relations, news, sates, or other media. Vacant Land Page 1 of 2 APPRAISERS CERTIFICATION: The Appraisercertibesandagreesthat: Fite No- 1338 1. I have researched the subject market area and have selected a minimum of three recent sates of properties most similar and proximate to the subject property for consideration in the sales comparison analysis and have made a dollar adjustment when appropriate to reflect the market reaction [o [hose items of significant variation. If a significant item in a comparable property is superior to , or more favorable than, the subject property, I have made a negative adjustment to reduce the adjusted sales price of the comparable and, if a significant item in a comparable property is inferior to, or less favorable than the subject property, I have made a positive adjustment to increase the adjusted sales price of the comparable. 2. I have taken into consideration the factors that have an impact on value in my development of the estimate of market value in the appraisal report. I have not knowingly withheld any significant information from the appraisal report and I believe, to the best of my knowledge, that all statements and information in the appraisal report are true and correct. 3. I stated in the appraisal report only my own personal, unbiased, and professional analysis, opinions, and conclusions, which are subject only to the contingent and Limiting Conditions specified in [his form. 4. I have no present or prospective interest in the property that is the subject to this report, and I have no present or prospective personal interest or bias with respect to the participants in the transaction. 1 did not base, either partially or completely, my analysis and/or the estimate of market value in the appraisal report on the race, color, religion, sex, handicap, familial status, or national origin of either the prospective owners or occupants of the subject property or of the present owners or occupants of the properties in the vicinity of the subject property. 5. f have no present or contemplated future interest in the subject property, and neither my current or future employment nor my compensation for performing this appraisal is contingent on [he appraised value of the property. 6. I was not required to report a predetermined value or direction in value that favors the cause of the client or any related party, the amount of the value estimate, [he attainment of a specific result, or the occurrence of a subsequent event in order [o receive my compensation andlor employment for performing [he appraisal. I did not base the appraisal report on a requested minimum valuation, a specific valuation, or the need to approve a specific mortgage loan. 7. I performed [his appraisal in conformity with the Uniform Standards of Professional Appraisal Practice [ha[ were adopted and promulgated by the Appraisal Standards Board of The Appraisal Foundation and that were in place as of the effective date of this appraisal, with the exception of the departure provision of those Standards, which does not apply. I acknowledge that an estimate of a reasonable time for exposure in the open market is a condition in the definition of market value and the estimate I developed is consistent with the marketing time noted in the neighborhood section of this report, unless I have otherwise stated in the reconciliation section. 8. I have personally inspected the subject property and the exterior of all properties listed as comparables in the appraisal report. I further certify that I have noted any apparent or known adverse conditions in the subject improvements, on the subject site, or on any site within the immediate vicinity of the subject property of which I am aware and have made adjustments for these adverse conditions in my analysis of the property value to tfre extent [hat I had market evidence to support them. I have also commented about the effect of the adverse conditions on the marketability of the subject property. 9. I personally prepared all conclusions and opinions about the real estate that were set forth in the appraisal report. If I relied on significant professional assistance from any individual or individuals in the performance of the appraisal or the preparation of the appraisal report, I have named such individual(s) and disclosed the specific [asks performed by them in the reconciliation section of this appraisal report. I certify that any individual so named is qualified to perform the tasks. I have not authorized anyone to make a change to any item in the report; therefore, if an unauthorized change is made to the appraisal report, I will take no responsibility for it. SUPERVISORY APPRAISER'S CERTIFICATION: If a supervisory appraiser signed the appraisal report, he or she certifies and agrees that: I directly supervise the appraiser who prepared the appraisal report, have reviewed the appraisal report, agree with the statements and conclusions of the appraiser, agree to be bound by the appraiser's certifications numbered 4 Iftrough 7 above, and am taking full responsibility for the appraisal and the appraisal report. ADDRESS OF PROPERTY APPRAISED: 3631 770th Street SW, Prior Lake, MN, 55372 APPRAISER: SUPERVISORY APPRAISER (only if required) Signature: ~ l ~- -~~ Name: George Curtis Date Signed: 06/02/2009 State Certification #: or State License #: State: Expiration Date of Certification or License: Value Advisors LLC Signature: Name: Date Signed: _ State Certification or State license #: State: Expiration Date of Certification or License: ^ Did ^ Did Nol Inspect Property Vacant Land Pagc 2 of 2 SUBJECT PROPERTY PHOTO ADDENDUM Borrower: N/A File No.: 1338 Property Address 3s31 170 th Street SW Case No.: City: Prior Lake S[a[e: MN Zlp: 55372 Lender: Twin Cities Habitat For Humanit FRONT VIEW OF SUBJECT PROPERTY Appraised Date: June 2, 2009 Appraised Value: S 58,000 REAR VIEW OF SUBJECT PROPERTY STREET SCENE COMPARABLE PROPERTY PHOTO ADDENDUM Borrower: N/A File NO.: 1338 Property Address 3631 170 th Street SW Case No.: City: Prior Lake State: MN Zip: 55372 Lender: Twin Cities Habitat For Humanit COMPARABLE SALE #1 1586D Fish Point Road SE Prior Lake Sale Date: 10/15/2ooa Sale Price: $ 55,000 COMPARABLE SALE #2 14730 Carriage Lane NE Prior Lake Sale Date: 4/10/2008 Saie Price: $ 52,000 COMPARABLE SALE #3 2224 Wldwood Drive Prior Lake Sale Date: 5/7!2009 Sale Price: $ 100,000 LOCATION MAP Borrower: N/A File No.: 1338 Property Address 3631 170th Street SW Case No.: City Prior Lake State: MN Zip: 55372 Lender: Twin Cities Habitat For Humani I i ~ take lQ~srb7c~~ ~ r ~ a~in r ~``-°~j_ Q -73ver ~ i W I ` ~ v.`. den . 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I wvrvv.delorme.com MN (1,0° EJ Data Zoom 11-5 Value Advisors LLC 226 Exchange Street South, Suite A, Saint Paul, MN 55102 File Na. 1338 ********* INVOICE ****`**** File Number: 1338 6/2/2009 Mr. Chad Dipman Twin Cities Habitat for Humanity 30014th Street SE Minneapolis, MN 55414 Borrower : N/A InV01Ce # : 1338 Order Date ReferencefCase # PO Number 3631 170 th Street SW Prior Lake, MN 55372 Land appraisal $ 325.00 Less donation $ -125.00 Invoice Total $ 200.00 State Sales Tax @ $ o.oo Deposit ($ ) Deposit ($ ---- ) ---------- AmountDue $ 200.80 Terms: Please Make Check Payable To: Value Advisors LLC 226 Exchange Street S, Suite A, St. Paul MN, 55102 Fed. I.D. #: ~~ I I 1 I i ~1 [ N D m r m -~1 - ~ " r \ m m ~ I ~ ~ {i ~ I . ~ 1"u~ b ~ ~~ c ° f [i ~ " ' L' '~ I If ~ ~F {f f ' I ~ ~~ rr , 4~ { i ; .41 z ~ I ~ Y 4 d~ ~~ ~~ ~ j i ~ I ', .r r ;t4.... t" i }' ~ io-- ?~-~. . .~.,- _.- -may o '1~~ ~ tr t -~ ~~~~~ _. i I }~C ~ {~L~.~L ~~{ ~ _ .. m D o oo A ! ~ ~ o o^ ~ m , ~ m z ~ .. . b < m i ~ m m I I ~ D I b rn ' - < ' O , D ~ ~ { . a { I ~ z i i r~ ~'. Vii' 4:, r ,C ~.' kri ' _ __ , ~~.. n ~_ ~ i i } - ! . it = I ~ {:. r ~. ~. .. F F~'T;. ~ i f - ~ ~~ I I':~ ' y m ' l t _' m , ~ 8 m D O ~ ® . , 4:1 I i ~ I, i I '` r'_ ~~ ~~ 4 , 4R ri ~ ,, TWIN CITIES HABITAT for HUMANITY 3001 4TH ST. SE SINGLE FAMILY DWELLING 3631 170th ST. Habitat MINNEAPOLIS, MN 5541 4-3301 4 io,H„m~,i,; PRIOR LAKE, MN c.,rs'ro„~, OFFICE: 612-331-0D90 PRIOR LAKE HOUSE MOVE FAX: 612-331-1540 r_` :.:'; `. ~~, ~ 1 : ' t ,' , ,~ ; 4~~; `3~ ~ ~ Vi i. , i. r G i;; .4' , I