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Home My WebLink About9A - Regal Crest CUP MEETING DATE: AGENDA #: PREPARED BY: REVIEWED BY: AGENDA ITEM: DISCUSSION: CITY COUNCIL AGENDA REPORT APRIL 16, 2001 9A JANE KANSIER, PLANNING COORDINATOR DON RYE, PLANNING DIRECTOR CONSIDER APPROVAL OF A RESOLUTION APPROVING THE CONDITIONAL USE PERMIT FOR A 74 UNIT TOWNHOUSE DEVELOPMENT AND A RESOLUTION APPROVING THE PRELIMINARY PLAT TO BE KNOWN AS REGAL CREST History: Pavek Family Investments Company and Hodgson Trust have applied for approval of a development to be known as Regal Crest on the property located on the west side of CSAH 21, ~ mile north of CSAH 82. The application includes the following requests: · Approve a Conditional Use Permit for a cluster development; · Approve a Preliminary Plat. The Planning Commission considered this request at a public hearing on February 12,2001. The staff and the Planning Commission identified several issues pertaining to this development. The Planning Commission tabled this item until March 12,2001 to allow the developer the opportunity to address the outstanding issues. The developer then requested this item be continued to March 26, 2001 to allow additional time to address the issues. On March 26,2001, the Planning Commission considered the revised plans. At that hearing, there was testimony from a resident of the Windsong development that the proposed access onto CSAH 21 was unsafe and inconsistent with the Scott County spacing guidelines. The Planning Commission also received, as part of the agenda report, a letter from the Scott County Highway Department stating that this access, while not ideal, meets the minimum spacing guideline. The County also recognized that a reasonable access to this property must be allowed. The Planning Commission ultimately determined there were no other access points available on CSAH 21 to serve this property. The plan does make provisions for future access once adjacent properties are developed. The Planning Commission 1:\01 files\01 cup\regal crest\regal cc.doc Page I 16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (952) 447-4230 / Fax (952) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER r- T . ~ . T II recommended approval of these applications subject to conditions. A draft copy of the minutes of the February 12,2001 and March 26,2001 Planning Commission meetings are attached to this report. Current Circumstances: The total site consists of 25.58 acres. The net area of this site, less County road right-of-way and wetlands, is 23.81 acres. This site has a varied topography, with elevations ranging from 984' MSL at its highest point to 925' MSL at the lowest point. The high point of the site is located in the northwest comer of the site. The site drains south towards the wetlands located at the southeast comer and southwest comers of the site. The northeast comer of the site drains to the north. The property also contains areas with slopes exceeding 20 percent, primarily surrounding the wetland. This site consists of a combination of woodland and pasture land. There are several stands of significant trees, especially on the north half of the site. The project is subject to the Tree Preservation requirements of the Zoning Ordinance. There are two wetlands located within this site, with a total area of 1.24 acres. The plans indicate 22,651 square feet of wetland will be filled to allow the construction of a road. This area will be mitigated on site in accordance with the Wetland Conservation Act. Access to the site is from CSAH 21 on the east side of the site, and from Jeffers Pass in Wensmann 1 sl Addition on the northwest side of the site. The location of the access on CSAH 21 is directly opposite Wind song Circle. This location is dictated by Scott County. This property is designated for Urban Low to Medium Density Residential uses on the 2020 Comprehensive Plan Land Use Map. The entire site is located within the current MUSA boundary. The site is zoned R-1 (Low Density Residential). The R-I district permits a maximum density of 3.6 units per acre. The southeast comer of the site is also located within the Shoreland District for Prior Lake. There is no development, other than road construction, within the Shoreland District. The developer submitted revised plans for this development on March 1,2001. The following information is a summary of these plans. Density: The revised plan proposes 74 units on a total of 25.58 acres. Density is based on the buildable acres of the site, or in this case on 23.81 net acres. The overall density proposed in this plan is 3.1 units per acre. 1:\01 files\O 1 cup\regal crest\regal cc.doc Page 2 Lots: The preliminary plat consists of 74 lots for the townhouse units. There are also 5 lots for the common open space. Buildine Styles: The proposed plan calls for a townhouse style development consisting of 2-, 3- and 4-unit buildings. Elevations of the buildings are attached to this report. The plan includes 5 two-unit buildings, 16 three-unit buildings and 4 four-unit buildings. The townhouses are designed as 1,600 to 2,100 square foot ramblers with walkout basements, although the narrative suggests there may be some 1 12 story buildings as well. All of the units have either double or triple car attached garages. The exterior materials are brick and steel siding. Setbacks: The plan proposes a 25' setback from the front property line, a minimum 25' rear yard setback, and a minimum 20' building separation (foundation to foundation) between the townhouses. The plan also notes a 30' setback from any wetland and storm water pond. The Subdivision Ordinance also requires that all building pads be located at least 30' from the 100 year flood elevation of any wetland or NURP pond. Lot Coveraee: The R-1 district allows a maximum ground floor area of 0.30. The ground floor area proposed in this plan is 0.17. Useable Open Space: The R-1 district also requires a minimum of 600 square feet of useable open space per unit for cluster developments. The proposed common area provides open space for this development; the calculations indicate 5.6 acres of open space, or 3,296 square feet per unit. Parkine: The proposal provides at least 2 spaces per dwelling unit, which is consistent with the minimum Zoning Ordinance requirements. Based on the site plan, 26 units have two car garages, and 48 units have 3 car garages, providing 196 parking spaces. The plan does not provide any specific off-street guest parking, other than the areas located in the driveways. Landscapine: Section 11 07.1900 lists the landscaping requirements for this development. Perimeter landscaping is required for the townhouse portion of the development with buildings consisting of 3 or more units at a rate of 1 tree per unit or 1 tree per 40' feet of perimeter, whichever is greater. Staff calculations indicate a total of 119 trees are required for this site. The revised landscaping plan is consistent with the ordinance requirements. An irrigation plan has also been provided. However, this plan does not appear to be signed by a registered landscape architect as required by the Zoning Ordinance. 1:\01 files\OI cup\regal crest\regal cc.doc Page 3 . ,I iT "1' II" Tree Replacement: The applicant has submitted an inventory identifying 6,743 caliper inches of significant trees on the site. Based on the revised plan, the proposal removes 7.1% for road and utility purposes and 33% for building pads and driveways. This is a significant decrease from the original proposal, which removed 52.8% of the significant caliper inches for building pads and driveways. The removal of the 3-unit building in the northwest comer of the site and the relocation of the buildings on the south side of Thatcher Lane resulted in the saving of several trees. Tree replacement will be required. Since replacement is required at a rate of 1/2 caliper inch to 1 caliper inch removed, a total of 270.5 caliper inches must be replaced. The landscaping plan identifies the proper number of caliper inches of replacement trees. Siens: This site plan does not include any project monument signs. Liehtine: Street lights will be provided on the public streets. Streets: This plan proposes three new public streets. Jeffers Pass is the major street and extends 1,450' from CSAH 21 to Jeffers Pass at the northwest comer of the site. The second street is Thatcher Lane, which is located on the north side of Jeffers Pass and extends 750' to the east property line. Since this street is currently a dead-end, a temporary cul-de-sac will be provided at the east end of the street. This street provides future access to the property directly east of this site. The alignment, if extended, will eventually provide access to CSAH 21 across from Lords Street. Lauren Lane is a 250' long north/south street located on the south side of Jeffers Pass, and extending to the south property line. The street also provides future access to the property to the south, and includes a temporary cul-de- sac. Sidewalks/Trails: The plan proposes sidewalk along one side of all of the streets. A private trail is shown within the common open space. Parks: This plan does not include any parkland dedication. A 12 acre park was recently dedicated in Wensmann 1'1 Addition to the west of this site. Access to that park is available via the public sidewalks. Parkland dedication for this development will be satisfied by a . $33,254.00 cash dedication in lieu of land. In addition, each unit will be subject to an $850 park support fee when a building permit is issued, since a complete application for this development was received before the City Council adopted the new parkland dedication requirements. 1: \0 1 files\O 1 cup\regal crest\regal cc.doc Page 4 Sanitary Sewer and Water Main: Sanitary sewer and water main will be extended from the existing utilities located in CSAH 21. The extension of these lines is within the proposed street right-of-ways. The developer has also extended to the services to the adjacent property located on the east and on the south. Storm Sewer: The plan proposes a series of storm sewer pipes and catch basins that direct runoff to a NURP pond located on the east side of the site. The developer has revised the drainage plan so it is consistent with the watershed district requirements. Phasine: There are two phases proposed for this project. The first phase consists of 33 units located on the east half of the site. The second phase includes the remaining 41 units. The Issues: There are two separate applications included in this request. The issues for each application are discussed below. Conditional Use Permit Plan: The proposed CUP must be reviewed in accordance with the criteria found in Section 1108.202 of the Zoning Ordinance. This section provides that a conditional use shall be approved if it is found to meet specific criteria. The Planning Commission addressed these criteria as shown below. (1) The use is consistent with and supportive of the goals and policies of the Comprehensive Plan. The Low to Medium Density Residential designation allows townhomes and cluster housing up to 10 units per acre. This development is consistent with those goals, and with the policy to provide a mix of residential housing styles. (2) The use will not be detrimental to the health, safety, morals and general welfare of the community as a whole. This use will not be detrimental to the health, safety, morals and general welfare of the community. The use is consistent with the adjacent development. (3) The use is consistent with the intent and purpose of the Zoning Ordinance and the Use District in which the Conditional Use is located. The proposal meets the provisions of the Zoning Ordinance. (4) The use will not have undue adverse impacts on governmental facilities, services, or improvements which are either existing or proposed. The developer will install all utilities necessary to serve this site. The sewer lines have the capacity to serve this site. The proposed 1:\01 files\O 1 cup\regal crest\regal cc.doc Page 5 ."1' !I'" 1: t II NURP pond and storm water sewer system will be designed to accommodate runoff from this site. (5) The use will not have undue adverse impacts on the use and enjoyment of properties in close proximity to the conditional use. The use is similar to the approved Wensmann 1 st development and will not have an adverse affect on that property. The property to the south may be affected by runoff. This can be mitigated by the acquisition of drainage easements on that property, if necessary. (6) The use is subject to the design and other requirements of site and landscape plans prepared by or under the direction of a professional landscape architect, or civil engineer registered in the State of Minnesota, approved by the City Council and incorporated as part of the conditions imposed on the use by the City Council. A civil engineer has prepared the plans. As noted above, with some modifications, the plans meet all requirements of the Zoning Ordinance. The landscape plan must be prepared and signed by a registered landscape architect. (7) The use is subject to drainage and utility plans prepared by a professional civil engineer registered in the State of Minnesota which illustrate locations of city water, city sewer, fire hydrants, manholes, power, telephone and cable lines, natural gas mains, and other service facilities. The plans shall be included as part of the conditions set forth in the Conditional Use Permit approved by the City Council. The plans have been prepared by a civil engineer and reviewed by the City Engineering Department. Some modifications are required, and will be made prior to approval of the final plat for this site. (8) The use is subject to such other additional conditions which the City Council may find necessary to protect the general welfare, public safety and neighborhood character. Such additional conditions may be imposed in those situations where the other dimensional standards, performance standards, conditions or requirements in this Ordinance are insufficient to achieve the objectives contained in subsection 1108.202. In these circumstances, the City Council may impose restrictions and conditions on the Conditional Use Permit 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 Conditional Use Permit approved by the City Council. ]: \01 files\O 1 cup\regal crest\regal cc.doc Page 6 The suggested conditions and modifications for approval of this plan are listed below, and must be incorporated into the plans prior to final approval by the Council. Section 11 02.403 (1) lists the specific criteria for a cluster development in the R-1 district. These criteria are discussed below: a. Cluster housing shall meet the following mInImUm requirements: (1) No more than four dwelling units shall be incorporated in a single building; (2) The density of development shall not exceed the density allowed in an "R-1" Single Family Residential Use District; (3) This subsection shall not be applied to conversion of existing dwelling units into cluster housing but may be applied to site clearance and redevelopment. Existing units may be incorporated into new development plans when such units are not converted or added to; (4) There shall be 600 square feet of usable open space for each dwelling unit. The proposal meets the above criteria. b. The applicant shall clearly demonstrate through the application and site plan that a superior development would result by clustering. The presence of a superior development shall be determined by reference to the following criteria: (1) The presence and preservation of topographic features, woods and trees, water bodies and streams, and other physical and ecological conditions; (2) Suitable provisions for permanently retaining and maintaining the amenities and open space; (3) Locating and clustering the buildings to preserve and enhance existing natural features and scenic views, aesthetically pleasing building forms and materials, addition of landscaping to screen development, recognition of existing development and public facilities, and consistency with City goals and plans for the areas. This site is suitable for cluster development due to the topography, wetlands and the existing trees on the site. The revised proposal attempts to preserve many of the steep slopes by designating this area as common open space. Preliminary Plat: With some modifications, the proposed preliminary plat meets the standards of the Subdivision Ordinance and Zoning Ordinance. One issue which must be addressed is the disturbance of the slopes on this site. Section 6-6-6 E of the Subdivision Ordinance states "whenever possible, slopes of twenty percent (20%) or greater should not be disturbed and should be retained as private or public open space." This plat has some locations in which slopes of 20% or 1:\OIfi1es\Olcup\regal crest\regal cc.doc Page 7 .11 Jr . II greater are disturbed, either for the placement of roads and utilities or the placement of homes. The Planning Commission determined that the developer has utilized a walk-out building style which will reduce the impact of the development on the slopes. The Commission also determined this impact is no greater than the impact of other developments. Conclusion: The Planning Commission also concluded the proposal met the requirements for a conditional use permit and preliminary plat. The Planning Commission recommended approval of the conditional use permit and the preliminary plat subject to the following conditions: 1) The landscaping plan and tree replacement plan must be modified to meet the minimum ordinance requirements. The landscaping plan must also be prepared and signed by a registered landscape architect. In addition, an irrigation plan must be provided. 2) Provide building elevations, including all sides of the building, and floor plans for all proposed building styles. 3) The plans should be revised to combine more of the driveway openings, especially on Jeffers Pass. 4) Address the following comments from the City Engineer: (a) Submit a wetland replacement application. (b) Provide an additional low point on Jeffers Pass, north of Thatcher Lane, to direct runoff into the southwest wetland on the property. (c) Maximum slope of grading in maintained areas is 4:1. Some graded areas are shown with a greater than 3: 1 slope. Provide retaining walls as necessary to create 4: 1 slopes in maintained areas. (d) Refer to the Prior Lake Design Manual for preparation of plans and specifications. (e) Look at alternative ways of connecting to the existing sanitary sewer. (f) Catch basin 15 is located in a driveway. The driveway location must be moved. (g) The intersection of Lauren Lane and Jeffers Pass must be constructed in Phase 1 to eliminate the need for a temporary cul-de-sac. (h) The developer must obtain temporary construction easements where off-site grading is occurring. These easements must be provided to the City prior to issuance of a grading permit. I: \0 I fiJes\O 1 cup\regal crest\regal cc.doc Page 8 FISCAL IMPACT: AL TERNATIVES: RECOMMENDED MOTION: (i) The street grade shall not exceed 2.00% for the first 100' approaching the intersection with C.R. 21. 5) Address the following comments from the Scott County Engineer: (a) Provide a right-turn lane, designed to County standards, on CSAH 21 at Jeffers Pass. (b) Remove the existing driveway on CSAH 21 and grade to match right-o.Fway. (c) Obtain permits from the County for any work in the County right-of- way. 6) Obtain a permit from the Watershed District. 7) All necessary permits from other agencies must be obtained and submitted to the City prior to final plat approval, or prior to approval of a grading permit. A revised landscaping plan and building elevations were submitted by the developer on March 30,2001. These plans satisfy the first two conditions. However, the landscaping plan must still be signed by a registered landscape architect. Bud~et Impact: The construction of new dwellings will provide additional tax base to the City. The City Council has three alternatives: 1. Adopt Resolution #Ol-XX approving the Conditional Use Permit for this development subject to the listed conditions, and adopt Resolution #Ol-XX, approving the Preliminary Plat for Regal Crest subject to the listed conditions, with the finding that the preliminary plat is consistent with the intent and purpose of the Comprehensive Plan and the Zoning and Subdivision Ordinances. 2. Deny the Conditional Use Permit and the Preliminary Plat on the basis they are inconsistent with the purpose and intent of the Zoning and Subdivision Ordinances and/or the Comprehensive Plan. In this case, the Council should direct the staff to prepare a resolution with findings of fact for the denial of these requests. 3. Defer consideration of this item for specific reasons. Staff recommends alternative #1. Since there are two separate items, two motions are required. 1. A motion and second to approve Resolution 01-XX approving the Conditional Use Permit, subject to the listed conditions. 1:\01 files\O 1 cup\regal crest\regal cc.doc III Page 9 . [ I 2. A motion and second to approve Resolution 01-XX, approving the Preliminary Plat to be known as Regal Crest, subject to the listed conditions. REVIEWED BY: 1:\01 files\O 1 cup\regal crest\regal cc.doc Page 10 /J,mJ CONDITIONAL USE PERMIT RESOLUTION 01~~ ~1 APPROVING A CONDITIONAL USE PERMIT TO DEVELOP A 74 UNIT TOWNHOUSE DEVELOPMENT TO BE KNOWN AS "REGAL CREST" MOTION BY: WHEREAS, WHEREAS, WHEREAS, WHEREAS, WHEREAS, WHEREAS, WHEREAS, \~~ ~1~ SECOND BY: The Prior Lake Planning Commission conducted a public hearing on February 12, 2001, to consider an application from Pavek Family Investments and Hodgson Trust for a Conditional Use Permit (CUP) for a 78 unit cluster development to be known as Regal Crest; and, The Prior Lake Planning Commission continued the public hearing to March 26,2001; and Notice of the public hearing on said CUP has been duly published In accordance with the applicable Prior Lake Ordinances; and The Planning Commission proceeded to hear all persons interested in this issue and persons interested were afforded the opportunity to present their views and objections related to the CUP of Regal Crest; and The City Council considered the CUP application for Regal Crest at its regular meeting on April 16, 2001; and The Planning Commission and City Council find the CUP for Regal Crest in harmony with both existing and proposed development in the area surrounding the project; and The Planning Commission and City Council find the proposed CUP is compatible with the stated purposes and intent of the Zoning Ordinance as they relate to conditionally permitted uses, and further, that the proposed CUP meets the criteria for approval of CUP as contained in Section 1108.202 of the Zoning Ordinance. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF PRIOR LAKE: 1. The recitals set forth above are incorporated herein. 2. The City Council hereby adopts the following findings: 1:\0 1 files\O lcup\regal crest\cup res.doc Page 1 16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (952) 447-4230 / Fax (952) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER IIf . r I a) The use is consistent with and supportive of the goals and policies of the Comprehensive Plan. The Low to Medium Density Residential designation allows townhomes and cluster housing up to 10 units per acre. This development is consistent with those goals, and with the policy to provide a mix of residential housing styles. b) The use will not be detrimental to the health, safety, morals and general welfare of the community as a whole. This use will not be detrimental to the health, safety, morals and general welfare of the community. The use is consistent with the adjacent development. 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. The proposal meets the provisions of the Zoning Ordinance. d) The use will not have undue adverse impacts on governmental facilities, services, or improvements which are either existing or proposed. The developer will install all utilities necessary to serve this site. The sewer lines have the capacity to serve this site. The proposed NURP pond and storm water sewer system will be designed to accommodate runoff from this site. 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 is similar to the approved Wensmann I st development and will not have an adverse affect on that property. The property to the south may be affected by runoff. This can be mitigated by the acquisition of drainage easements on that property, if necessary . 1) The use is subject to the design and other requirements of site and landscape plans prepared by or under the direction of a professional landscape architect, or civil engineer registered in the State of Minnesota, approved by the City Council and incorporated as part of the conditions imposed on the use by the City Council. A civil engineer has prepared the plans. As noted above, with some modifications, the plans meet all requirements of the Zoning Ordinance. The landscape plan must be prepared and signed by a registered landscape architect. 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 Conditional Use Permit approved by the City Council. The plans have been prepared by a civil engineer and reviewed by the City Engineering Department. Some modifications are required, and will be made prior to approval of the final plat for this site. h) The use is subject to such other additional conditions which the City Council may find necessary to protect the general welfare, public safety and neighborhood character. Such additional conditions may be imposed in those situations where the other dimensional standards, performance standards, conditions or requirements in 1:\01 files\O 1 cup\regal crest\cup res.doc Page 2 this Ordinance are insufficient to achieve the objectives contained in subsection 1108.202. In these circumstances, the City Council may impose restrictions and conditions on the Conditional Use Permit 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 Conditional Use Permit approved by the City Council. The suggested conditions and modifications for approval of this plan are listed below, and must be incorporated into the plans prior to final approval by the Council. 3. Section 1102.403 (1) lists the specific criteria for a cluster development in the R-1 district. These criteria are discussed below: a) Cluster housing shall meet the following minimum requirements: (1) No more than four dwelling units shall be incorporated in a single building; (2) The density of development shall not exceed the density allowed in an "R-l" Single Family Residential Use District; (3) This subsection shall not be applied to conversion of existing dwelling units into cluster housing but may be applied to site clearance and redevelopment; Existing units may be incorporated into new development plans when such units are not converted or added to; (4) There shall be 600 square feet of usable open space for each dwelling unit. The proposal meets the above criteria. b) The applicant shall clearly demonstrate through the application and site plan that a superior development would result by clustering. The presence of a superior development shall be determined by reference to the following criteria: (1) The presence and preservation of topographic features, woods and trees, water bodies and streams, and other physical and ecological conditions; (2) Suitable provisions for permanently retaining and maintaining the amenities and open space; (3) Locating and clustering the buildings to preserve and enhance existing natural features and scenic views, aesthetically pleasing building forms and materials, addition of landscaping to screen development, recognition of existing development and public facilities, and consistency with City goals and plans for the areas. This site is suitable for cluster development due to the topography, wetlands and the existing trees on the site. The revised proposal attempts to preserve many of the steep slopes by designating this area as common open space. 4. The Conditional Use Permit is hereby approved on the property legally described as follows: The South 20 rods of the East 60 rods of the Northeast 114 of the Northeast 1/4'; the north 18 rods of the Southeast 1;4 of the Northeast 1;4; the south 18 rods of the North 36 rods of the Southeast 14 of the Northeast 1/4'; and the South 8 rods of the North 44 rods ofthe Southeast 1;4 of the Northeast %; all in Section 34, Township 115, Range 22, EXCEPT that portion of the above land described as follows: A tract of land in the East 12 of the Northeast 1;4 of Section 34, Township 115, Range 22, Scott County, Minnesota described as follows: Commencing at a point 1209.4 feet North of the Southeast corner of said Northeast 1;4 and lying on the East line thereof, and running thence West at right angles to said East line a distance of 367.3 feet; thence North parallel to said East line a distance of 473.3 feet more or less to the South line of the North 990 feet of said Northeast 1/4; thence east along said South line a distance of 367.3 feet to the East line of said Northeast Y4; thence South 473.3 feet to the point of beginning. 1:\01 files\O 1 cup\regal crest\cup res.doc Page 3 I ( I 5. lie Conditional Use Permit is hereby approved subject to the following conditions: ')J I ;;;;.'f) The landscaping plan must also be prepared and signed by a registered landscape l Sk ~ architect. b) The plans should be revised to combine more of the driveway openings, especially on Jeffers Pass. c) The Final Plat and Development Contract must be approved by the City Council. d) Upon final approval, the developer must submit two complete sets of full-scale final plans and reductions of each sheet. These plans will be stamped with the final approval information. One set will be maintained as the official CUP record. The second set will be returned to the developer for their files. CONCLUSION Based upon the Findings set forth above, the City Council hereby grants a Conditional Use Permit for the cluster development to be known as Regal Crest. The contents of Planning Case Files #01-005 and #01-006 are hereby entered into and made a part of the public record and the record of the decision for this case. Passed and adopted this 16th day of April, 2001. YES NO Mader Mader Ericson Ericson Gundlach Gundlach Petersen Petersen Zieska Zieska {Seal} City Manager, City of Prior Lake 1:\01 files\01 cup\regal crest\cup res.doc Page 4 PRELIMINARY PLAT RESOLUTIONOl~ L/Co RESOLUTION OF THE PRIOR LAKE CITY COUNCIL APPROVING THE PRELIMINARY PLAT OF "REGAL CREST" SUBJECT TO THE CONDITIONS OUTLINED HEREIN. MOTION BY: jl SECOND BY: Jp WHEREAS: The Prior Lake Planning Commission conducted a public hearing on February 12, 2001, to consider an application from Pavek Family Investments and Hodgson Trust for a Preliminary Plat for to be known as Regal Crest; and WHEREAS, The Prior Lake Planning Commission continued the public hearing to March 26, 2001; and WHEREAS: Notice of the public hearing on said preliminary plat has been duly published and posted in accordance with the applicable Minnesota Statutes and Prior Lake Ordinances; and WHEREAS: All persons interested in this issue were afforded the opportunity to present their views and objections related to the preliminary plat of Regal Crest for the record at the public hearing conducted by the Planning Commission; and WHEREAS: The Planning Commission and City Council have reviewed the preliminary plat according to the applicable provisions of the Prior Lake Zoning and Subdivision Ordinances and found said preliminary plat to be consistent with the provisions of said ordinances; and WHEREAS The Prior Lake City Council considered an application for preliminary plat approval of Regal Crest on April 16, 2001; and WHEREAS: The City Council finds the preliminary plat of Regal Crest to be consistent with the 2020 Comprehensive Plan. NOW, THEREFORE, BE IT HEREBY RESOL YED BY THE CITY COUNCIL OF THE CITY OF PRIOR LAKE, MINNESOTA: A. The above recitals are incorporated herein as if fully set forth. B. The preliminary plat of Regal Crest is approved subject to the following conditions: 1) The plans should be revised to combine more of the driveway openings, especially on Jeffers Pass. 2) Address the following comments from the City Engineer: a) Submit a wetland replacement application. b) Provide an additional low point on Jeffers Pass, north of Thatcher Lane, to direct runoff into the southwest wetland on the property. 11\B~~~1:€twjfJ\0g~tS~.?W)ffig~w,s~\%~%tW'55372-1714 / Ph. (952) 447-4230 / Fax (952) 4~.ijl~415 AN EQUAL OPPORTUNITY EMPLOYER . II I II c) Maximum slope of grading in maintained areas is 4:1. Some graded areas are shown with a greater than 3: 1 slope. Provide retaining walls as necessary to create 4: 1 slopes in maintained areas. d) Refer to the Prior Lake Design Manual for preparation of plans and specifications. e) Look at alternative ways of connecting to the existing sanitary sewer. f) Catch basin 15 is located in a driveway. The driveway location must be moved. g) The intersection of Lauren Lane and Jeffers Pass must be constructed in Phase 1 to eliminate the need for a temporary cul-de-sac. h) The developer must obtain temporary construction easements where off-site grading is occurnng. These easements must be provided to the City prior to issuance of a grading permit. i) The street grade shall not exceed 2.00% for the first 100' approaching the intersection with C.R. 21. 3) Address the following comments from the Scott County Engineer: a) Provide a right-turn lane, designed to County standards, on CSAH 21 at Jeffers Pass. b) Remove the existing driveway on CSAH 21 and grade to match right-of-way. c) Obtain permits from the County for any work in the County right-of-way. 4) Obtain a permit from the Watershed District. 5) All necessary permits from other agencies must be obtained and submitted to the City prior to final plat approval, or prior to approval of a grading permit. Passed and adopted this 16th day of April, 2001. YES NO Mader Mader Gundlach Gundlach Ericson Ericson Petersen Petersen Zieska Zieska {Seal} City Manager, City of Prior Lake 1:\01 files\O 1 subdivisions\prelim plat\regal crest\plat res. doc Page 2 Planning Commission Meeting March 26, 2001 PLANNING COMMISSION MINUTES MONDAY, MARCH 26, 2001 1. Call to Order: Chairman V onhof called the March 26, 2001, Planning Commission meeting to order at 6:30 p.m. Those present were Commissioners Atwood, Criego, Lemke, Stamson and Vonhof, Planning Director Don Rye, Planning Coordinator Jane Kansier, City Engineer Sue McDermott and Recording Secretary Connie Carlson. 2. Roll Call: Atwood Criego Lemke Stamson V onhof Present Present Present Present Present 3. Approval of Minutes: The Minutes from the March 12,2001, Planning Commission meeting were approved as presented. Commissioner V onhof read the Public Hearing Statement and opened the meeting. 4. Public Hearings: jf A. Case Files #01-005 & 006 Pavek Family Investments Company/Hodgson Trust is requesting a Conditional Use Permit and Preliminary Plat to be known as Regal Crest to allow a cluster townhouse development consisting of 25.58 acres to be subdivided into 78 lots for townhouse units on the property located on the west side ofCSAH 21 approximately Y.i mile north ofCSAH 82. (Continuedfrom the February 12,2001 meeting) Planning Coordinator Jane Kansier presented the Planning Report dated March 26,2001 on file in the office of the City Planning Department. Pavek Family Investments Company and Hodgson Trust have applied for approval of a development to be known as Regal Crest on the property located on the west side of CSAH 21, 114 mile north of CSAH 82. The application includes the following requests: . Approve a Conditional Use Permit for a cluster development; . Approve a Preliminary Plat. The original proposal called for a cluster townhouse development consisting of a total of 78 dwelling units on 23.81 net acres, for a total density of3.3 units per acre. The proposed development includes 20 dwelling units in 6 four-unit buildings, 48 dwelling 1:\01 files\O 1 plancomm\O I pcminutes\mn032601.doc 1 . ~ I - , I II Planning Commission Meeting March 26,2001 units in 16 three-unit buildings and 10 dwelling units in 5 two-unit buildings. The development also includes private open space. The Planning Commission considered this request at a public hearing on February 12, 2001, The staff and the Planning Commission identified several issues pertaining to this development. The Planning Commission tabled this item until March 12,2001 to allow the developer the opportunity to address the outstanding issues. The developer then requested this item be continued to March 26,2001 to allow additional time to address the issues. Owners of property within 500 feet were notified of the new hearing date. The staff and Planning Commission originally identified 10 issues at the last meeting. The developer responded to those issues. The major outstanding issue pertaining to this development is the staff recommendation for the elimination of certain units. This has an effect on the design of the site. However, it is possible to allow this application to move forward with a specific recommendation to the Council. The design issues, including the number of units, the landscaping and tree preservation plans, and the submittal of building elevations must be addressed prior to City Council review. On that basis, the staff recommends approval, subject to the following conditions: 1) The plans must be modified to remove the unit identified as Lots 6, Block 1, 2nd Addition. 2) The landscaping plan and tree replacement plan must be modified to meet the minimum ordinance requirements. The landscaping plan must also be prepared and signed by a registered landscape architect. In addition, an irrigation plan must be provided. 3) Provide building elevations, including all sides of the building, and floor plans for all proposed building styles. 4) The plans should be revised to combine more of the driveway openings, especially on Jeffers Pass. 5) Address the following comments from the City Engineer: (a) Submit a wetland replacement application. (b) Provide an additional low point on Jeffers Pass, north of Thatcher Lane, to direct runoff into the southwest wetland on the property. (c) Maximum slope of grading in maintained areas is 4: 1. Some graded areas are shown with a greater than 3: 1 slope. Provide retaining walls as necessary to create 4: 1 slopes in maintained areas. (d) Refer to the Prior Lake Design Manual for preparation of plans and specifications. (e) Look at alternative ways of connecting to the existing sanitary sewer. L\Ol files\Ol plancomm\Olpcminutes\mn032601.doc 2 Planning Commission Meeting March 26, 2001 (f) Catch basin 15 is located in a driveway. The driveway location must be moved. (g) The intersection of Lauren Lane and Jeffers Pass must be constructed in Phase 1 to eliminate the need for a temporary cul-de-sac. (h) The developer must obtain temporary construction easements where off-site grading is occurring. These easements must be provided to the City prior to issuance of a grading permit. (i) The street grade shall not exceed 2.00% for the first 100' approaching the intersection with C.R. 21. 6) Address the following comments from the Scott County Engineer: (a) Provide a right-turn lane, designed to County standards, on CSAH 21 at Jeffers Pass. (b) Remove the existing driveway on CSAH 21 and grade to match right-of-way. (c) Obtain permits from the County for any work in the County right-of-way. 7) Obtain a permit from the Watershed District. 8) All necessary permits from other agencies must be obtained and submitted to the City prior to final plat approval, or prior to approval of a grading permit. Comments from the public: Peter Knaeble, Civil Engineer with Terra Engineering representing the developers, Don and Damn Pavek, said they have made substantial revisions to the plan. They removed 4 ofthe units and saved 112 additional trees based on Staffs and the Planning Commission's recommendation. Knaeble concurred with all of staffs conditions except the first condition regarding removal of the last unit. The concern is a portion of that unit encroaching into the existing 20% slope. Their calculations indicate 530 square feet of encroachment. Knaeble felt it was an insignificant encroachment into the area and it is not reasonable to remove that unit. He respectfully asked the Planning Commission to omit that recommendation to the City Council. Knaeble pointed out the adjoining Wensmann's 1st Addition development has encroachments into the 20% slope. Criego questioned Knaeble on staffs recommendation on reducing the driveways. Knaeble responded the developer did combine some driveways and were working with the architect and staff. Criego then went on to explain Wensmann's plat and why the Planning Commission made the decisions Knaeble referred to in his statement. Dan Metzger, 2130 Wind song Circle, pointed out Scott County Public Work's letter to the City indicating they would support any additional effort made by the developer or City to explore alternative locations for access to this development. Metzger did not feel Scott County's access guidelines were correctly used. He also felt Scott County was evasive and omitted sight line guidelines in their letter to the City. The Windsong residents feel the access is still dangerous and requested the developer identify alternative accesses that meet the road specifications. L:\Ol files\Ol plancomm\Olpcminutes\mn032601.doc 3 . -n !r I If Planning Commission Meeting March 26. 2001 Kansier reiterated the concern on the 720 feet not having the distance is mitigated by the fact there are two southbound lanes on County Road 21, which allow people to pass a slower vehicle. Metzger felt the entrance to the development should be on the crest of the hill where people can see in both directions. The matter should be looked into. Don Pavek, Pavek Family Investments, indicated at the last meeting the hardships of eliminating units. Pavek pointed out there is a lot of open space and the encroachment should not a real big issue. His other concern is the parkland dedication requirement. The cash amount is the same as in previous reports but this reports includes an additional $850. Kansier explained that this development is subject to the previous parkland dedication requirements. The City recently adopted new parkland dedication requirements. The previous ordinance had two parts, one initial dedication at the plat and a second payment with each building permit. The new study requires a far higher dedication. Under the new study one would pay around $1,600 per unit. Pavek said this was never brought up in any of the previous staff meetings and he had budgeted $33,254. The floor was closed at 7:05 p.m. Comments from the Commissioners: Lemke: . Agreed with the developer. He made significant changes to the plan and removed the unit to the north. 530 feet into the slope is a small issue. He started with 80 units now it is down to 74. . Allow the developer to keep the units. . It is a good plan. . Not sure about the access. The County has more control over that. They are saying it is where it should be. Criego: . Agreed with the plan. It is a good layout. . Like the reduction to 4-unit buildings and the idea of saving as many trees as possible. . The plan as laid out is ideal for this piece of property. Back it 100%. . .concerned with the traffic issues. There is a conflict with the County's guidelines. City Engineer Sue McDermott responded the road is not medium to high volume. It is a low volume non-continuous street. With that consideration, the guidelines are 1/8 mile. The County saw it as low volume as well as the City. When this connects to the Jeffer's property there will be an increase in volume. At the development stage it is low volume and after the connections take place it will be medium volume. Metzger is correct in his calculations. For an undivided 4- lane street the spacing is ~ mile. Eventually the County will eliminate access onto County Road 42 with medians. When the development is full the access will L:\O 1 files\O 1 plancomm\Ol pcminutes\mn03260 I.doc 4 Planning Commission Meeting March 26. 2001 be at Lord Street and this access will eventually be eliminated to right-in, right- out. . Dan Metzger said today, County Road 21 does not have a median. It is a problem. . Does the City see any issues with the access? McDermott felt the City should go by Scott County Public Works' letter and guidelines. The County did the study. Access has to be allowed to this property. . McDermott pointed out the County's property on the map. She felt it would be difficult to create some sort of access at this point. The land to the south is privately owned. The County did not mention their property in the letter. Stamson: . Concurred with fellow Commissioners - the development has improved. It is very nIce. . Appreciate developer's efforts to remove some buildings as requested to preserve more trees and open space. . The encroachment is small and insignificant. Support allowing that unit to remam. . The access is not ideal but there are no reasonable alternatives. . Concurred with the balance of staffs recommendations and support forwarding to the City Council. Atwood: . Agreed with Commissioners' comments including the encroachment onto the steep slopes. . Not comfortable with the access. The County stated in their letter, they would fully support any effort made by the developer or the City to explore alternative accesses. There could be some energy put forth to explore another access. . Would not support this request. There has not been enough effort into changing the access. V onhof: . Agreed with Commissioners regarding the staffs recommendations. . The developer has made substantial improvements and complied with all recommendations. . The encroachment of 520 feet is not significant. Comfortable leaving the unit. . The access is a difficult situation. Ultimately Lord Street will be the superior access. . Do not know of a better access at this point or what the solution would be. Open Discussion: Stamson: . Maybe there should be a requirement that Jeffers Pass not connect to the Wensmann property until the improvements are made to Lord Street. That retains L:\Ol files\Ol plancomm\Olpcminutes\mn032601.doc 5 . II I II Planning Commission Meeting March 26, 2001 the fact that this is not a non-continuous street until the extra connection has been made. Next year or the year after there may be a significant increase in traffic and would hold it down. The trouble is that a development is created with only one- way in and out. There is a trade off. Atwood: . The County seems eager to explore alternatives to this development. . Questioned the time limit. Kansier said the problem with exploring an alternative access is property ownership. If the developer owned the property it would be different. Criego: . The property owned by the County is not even mentioned. That tells me they are not interested i~ using that particular parcel or they know it is not large enough to be used. The County is saying maybe the developer and City should look at it. What about the County? The answer is, they feel the existing access is acceptable. Believe the County's conclusion is the road is safe. Stamson: . The County's piece ofland does not even go up to the Lord Street access. The property to the south is privately owned land. . Does not see exploring eminent domain by putting a strip through someone else's property in order to put in a street. Rye explained the adjoining Jeffer's property access. Atwood: . Sounds like all the Commissioners are concerned with the access, but do not feel there is a viable option. . Criego made good points on behalf of the County. . Her take on the County's letter is that the engineer was having a bad week and did not research the issue. . Agreed with Metzger's concern for traffic. Criego: . The County is very strict. They take the time and energy to look at the issues. If they found a problem they would tell the City. You cannot prohibit development -of a property when there is a development going to take place. The access is in place. Rye said the County is not bashful on suggesting alternative access or just saying "No". MOTION BY CRIEGO, SECOND BY ST AMSON, TO RECOMMEND APPROVAL OF THE CONDITIONAL USE PERMIT AND PRELIMARY PLAT SUBJECT TO THE CONDITIONS #2 THROUGH 8 OF THE STAFF REPORT EXCLUDING ITEM #1 WHICH IS REMOVING THE BUILDING ON LOT 6. L:\OI files\OI pJancomm\OI pcminutes\mn032601.doc 6 Planning Commission Meeting March 26, 2001 Vote taken indicated ayes by all. MOTION CARRIED. The earliest this item would go to City Council is April 16, 2001. B. Case File #01-010 - Shakopee Mdewakanton Sioux Community is requesting a Conditional Use Permit to allow grading and excavation for an access drive to Mystic Lake Casino on the property located on the west side of CSAH 83, approximately % mile south of CSAH 42 and ~ mile north of CSAH 82. Planning Coordinator Jane Kansier presented the Planning Report dated March 26,2001, on file in the office of the City Planning Department. The Shakopee Mdewakanton Sioux Community (SMSC) is proposing to grade and excavate approximately 10,000 cubic yards on the property located on the west side 0 CSAH 83, approximately % mile south of CSAH 42 and ~ mile north of CSAH 82. The purpose of this excavation is to create an access drive to the Mystic Lake Casino. Section 1101.509 Grading, Filling, Land Reclamation, Excavation requires a Conditional Use Permit for excavation of more than 400 cubic yards. Staff recommends approval ofthe conditional use permit request, subject to the following conditions: 1. Prior to beginning any work on the site, the applicant must obtain approval of the wetland mitigation plan. 2. Prior to beginning any work on the site, the applicant must obtain a permit from the Watershed District and from any other agency as required. Copies of the approved permit must be submitted to the City. 3. An Irrevocable Letter of Credit, on a form prepared by the City and approved by the City Attorney, is to be submitted prior to the recording of the resolution. The amount of the LaC is for 125% of the cost of the landscaping. Bids or estimates for the required landscaping must be submitted to the City for review and approval. 4. The excavation must be done according to the approved plans. 5. The clean up of gravel as a result of spills or general transportation of gravel on any public road shall be the responsibility of the applicant. 6. HOl].rs of operation are 6:30 a.m. to 7:30 p.m. Monday through Friday (weekdays) and 8:00 a.m. to 12:00 noon on Saturdays. 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 L:\O I files\OI plancomm\OI pcminutes\mn03260 I.doc 7 III . r I Planning Commission Meeting February 12, 2001 · The approach should be a change in the ordinance rather than a variance. · Looking at this for a variance is clearly "No". . Maybe more willing to change the ordinance. · If t Commission accepts the variance that means anyone else can come forward and for a variance. . If the mmission decides the variance is appropriate what is done with the existing ccessory building on the property? Do we allow 2 accessory buildings? Allow 1, aybe bigger than the applicant requested? Remove one? There are number of sues. e does not an just Shoreland Stamson: · This is not a va . nee request it is a decision appeal. . The decision is 11 w the Island ordinance applies. The Island ordin supercede the gen al ordinance. In that case it will apply to more accessory structure It will apply to how they build cabins and t District. . Rye responded there a two issues: I) The appeal and 2) S amendment to the ordin ceo The Commission can agree disagree with staffs interpretation. If the Co ission wants to pursue so mg beyond that, you have an option to look at t ordinance. o look at whether or not to change Criego: . Believe the interpretation is co the ordinance at a later time. Atwood: . Agreed with Criego that staff in at the ordinance. the ordinance correctly, but need to look MOTION BY CRIEGO, SECO BY ATWOO PROVING RESOLUTION 01- 04PC DENYING AN APPE OF THE ZONING MINISTRATOR'S DECISION TO NOT PERMIT AN AC SSORY STRUCTURE OR ISLAND DEVELOPMENT MOTION BY C INVESTIGA T STORAGE GO, SECOND BY ATWOOD, DIREC HE POSSIBLITY FOR AN ACCESSORY OSES ON ISLAND DEVELOPMENTS. Vote taken indicated a s by all. MOTION CARRlED. indicated ayes by all. MOTION CARRlED. Horsman explained the appeal process. *' E. Case Files #01-005 & 006 Pavek Family Investments Company/Hodgson Trust is requesting a Conditional Use Permit and Preliminary Plat to be known as Regal Crest to allow a cluster townhouse development consisting of 25.58 acres to be L\Olfiles\Olplancomm\Olpcminutes\mn021201.doc 19 Planning Commission Meeting February 12, 2001 subdivided into 78 lots for townhouse units on the property located on the west side of CSAH 21 approximately ~ mile north of CSAH 82. Planning Coordinator Jane Kansier presented the Planning Report dated February 12, 2001, on file in the office ofthe City Planner. Pavek Family Investments Company and Hodgson Trust have applied for approval of a development to be known as Regal Crest on the property located on the west side of CSAH 21, 1/4 mile north of CSAH 82. The application includes the following requests: . Approve a Conditional Use Permit for a cluster development; . Approve a Preliminary Plat. The proposal calls for a cluster townhouse development consisting of a total of 78 dwelling units on 23.81 net acres, for a total density of 3.3 units per acre. The proposed development includes 20 dwelling units in 6 four-unit buildings, 48 dwelling units in 16 three-unit buildings and 10 dwelling units in 5 two-unit buildings. The development also includes private open space. Staff felt the site is suitable for cluster development due to the topography, wetlands and the existing trees on the site. The proposal attempts to preserve many of the steep slopes by designating this area as common open space. Some modifications to the plans, however, will improve the preservation of these slopes and preserve more of the mature trees. These modifications include the following: . Eliminate the units identified as Lots 6-8, Block 3, 2nd Addition. This will preserve slopes exceeding 20% as well as some ofthe mature trees. . Eliminate the units identified as Lots 9-11, Block 2, 2nd Addition. This will preserve several mature trees. . Limit the buildings on the north side of Street "A", shown as Lots 12-21, Block 2, 2nd Addition, to 2- and 3-unit buildings. This will enable the buildings to be spaced further apart and will preserve more mature trees. . Center the temporary cul-de-sac on the east end of Street "A", and move the building identified as Lots 1-4, Block 3, 2nd Addition, to the north so it is setback 25' from the permanent right-of-way. This will preserve additional trees. The primary issue relating to the preliminary plat is the storm water runoff to the property to the south. This issue can be mitigated by the acquisition of a drainage easement. It is the developer's responsibility to obtain this easement. There are also several engineering issues remaining; however, these issues can be resolved prior to approval of the final plat. The major outstanding issue pertaining to this development is the staff recommendation for the elimination of certain units. This has an effect on the design ofthe site. However, it is possible to allow this application to move forward with a specific recommendation to L:\OJ files\OJ pJancomm\OJ pcminutes\mn02J20J.doc 20 - ~, " I' r I Planning Commission Meeting February 12, 2001 the Council. The design issues, including the number of units, the landscaping and tree preservation plans, and the submittal of building elevations must be addressed prior to City Council review. On that basis, the staff recommended approval, subject to the conditions outlined in the Planning Report. Stamson: Concern with forwarding and making major modifications. Kansier responded if the applicants had substantial redesigns the City would recommend a new application and go before the Planning Commission. Comments from the public: Darin Pavek, representing the Pavek Family Investment Company for College City Homes said they are based out of Lakeville and have been building in the area for 35 years. Regal Crest will be upper level townhomes with prices from $250,000 to $400,000. Many units will have 3 car garages. They have combined driveway accesses and third car stalls to increase the curb appeal. These units will have extensive landscaping, sprinkler system and a homeowners association to take care of all the exterior maintenance. Over 500 trees will be planted on the site. Upon staffs recommendation a neighborhood meeting was held. The main concern from the neighbors would be the traffic and access on County Road 21. Pavek said they are excited to move the project forward but are concerned with removing some of the units. Peter Knaeble, engineer from Terra Engineering, stated most of his comments were addressed by Kansier. He added the 2020 Comp Plan is currently designated urban low to medium density residential which allows up to 10 units per acre. Their project with 78 units are under the zoning classification at 3.3 units per acre. This project is consistent with the Comprehensive Plan and the adjacent to the western development mix of townhomes and single family. They are not asking for a rezoning but a conditional use permit, which is allowable under the Rl district. The proposal meets the zoning provisions. The neighbor's concern is with the access on County Road 21. There will be two accesses. Scott County concurred the appropriate connection is at Windsong Circle. The other access will connect to W ensmann' s development at J effer' s Pass. The stub roads to the north and south will provide future access to the undeveloped property. The cluster housing ordinance is specific. They are under the maximum 4 units per building at 2 to 4 units. The development is also three times the maximum open space requirement. Knaeble explained the open space area, protecting the natural environment (trees and wetland) and trail system. They concurred with Staffs conditions in the Planning Report and will make the recommended revisions. Dan Metzger, 4130 Windsong Circle, said two high buck developments have tried to make it in Prior Lake over the last 10 to 15 years. Windsong and The Wilds developments still have available lots. What does work is townhome projects. But what happens is an increase in the population and infrastructure that creates concern for the surrounding property owners. Metzger's main concern is the proposed road across from Windsong Circle. There is a significant drop to get to the access. Metzger spoke on the L:\O I files\O 1 plancomm\O I pcminutes\mn02120 I ,doc 21 Planning Commission Meeting February 12,2001 existing casino traffic. A traffic light at the intersection will not work, it is too dangerous. Atwood: . Questioned what Metzger sees as a solution. Metzger said aside from not liking the development he would like the access to come out at Lord's Street or build a road along the wetland and come out at Lord's Street. The entrance through another development is not going to work; residents will use the quickest route. Kim Crooks, 3839 Eagle Creek Circle, representing her 18 year old daughter said her concern is with the runoff and cited some of the existing runoff problems. She felt the plans indicated the grading would run off to her property. McDermott said the engineering department reviewed the plans and have concerns with the grading and will continue to work with the engineer. Crooks pointed out a small spring on the edge of her property. McDermott said she was not aware of the spring. Stanley Ellison, Land and Natural Resource Manager for the Shakopee Mdewakanton Sioux Community, 2330 Sioux Trail, stated the Community agreed with Staffs recommendation to take care of the larger wetland issues. He also pointed out the Community was not included in the neighborhood meeting. Ellison felt the wetland impact was calculated incorrectly. The replacement wetland area does not meet State law. The Commission needs to make sure they are met. The grading along the north end is poorly conceived. The eastern most home on the tribal land will have drainage directly into the swimming pool. The storm water issue is related to this. The runoff is going into tribal land and needs to be addressed. The traffic issue is major. The woods are one of the last remaining maple area is Scott County. It is a significant piece of history. Cutting down and replacing 2" trees will not have the same ecological system performance that exists today. There are a number of minor issues to be dealt with the City Engineer. The Community agreed with staff on taking out some of the townhomes along County Road 21. Ellison requested to be included in any neighborhood meeting. Kneable addressed some of the issues. The access to Wind song Circle is appropriate and acceptable to Scott County and the City. This is the first of a number of developments in the neighborhood. There will be other connections. Knaeble's felt their calculations off this existing site will have less runoff than it has today. They meet and exceed the Wetland Conservation regulations. 100% of street runoff will go into the NURP pond on site. T?ey are not going to clear cut the trees. Atwood questioned the access. Knaeble explained the additional access on County Road 21. The County felt the access meets the site distance. Knaeble pointed out they received the surrounding property list of the neighbors from the County. L:\Olfiles\Ol plancomm\Olpcminutes\mn021201.doc 22 .11 . ! I Planning Commission Meeting February 12,2001 Dino Howard, 15351 Schroeder Circle, attended the neighborhood meeting and said there were a lot of concerns. Her concern is for safety on the existing County Road 21 and explained the site problem coming out of the proposed access. It is not appropriate. She would like to see a cul-de-sac in that area. Consider the safety issues. It sounds like the project has a number of issues to address. Howard felt the applicant should come back with the corrected issues. The public meeting was closed. Comments from the Commissioners: Lemke: . Familiar with the area. There are safety concerns with the access. . There are no resolutions from the developer as far as removing some of the buildings. Atwood: . This matter should be continued. There is a large list of issues to be discussed. . Would like to see staff s considerations addressed by the developer. Stamson: . Overall the development fits the area. It is a tight area to design. Cluster housing will preserve the natural environment. . Agreed with staff on removing some of the units. . Understands the safety concerns by the neighbors. . There will be access problems on County Road 21. . The County is very diligent on what they allow. The County felt the site lines were well within the norm for what a County considers a safe speed. rfthey don't agree they will come back with alternatives. It is closely regulated. Does not see a problem with the access point. . Not comfortable sending this to Council. Criego: . Kansier explained the Conditional Use Permit. . The applicant has to use a CUP for cluster housing. . The approach is right and the plan is good. It is best for the property. . Concern is the main trees are on the north side and a little bit on the south. It is -very important to maintain the forest of trees and not take out 50% of the trees. . With any plan that I would agree to, would be to maintain the woods and preserve the area. . Would like to see more concrete statements from staff that the runoff is not exceSSIve. . Rye addressed the runoff rate control. . Need to discuss the issue. L:\O 1 files\O 1 planeomm\O 1 peminutes\mn02120 l.doe 23 Planning Commission Meeting Febrnary 12,2001 · Safety issue is a concern. The County has looked at it. The problem is the speed and hill. The City and the County should address the problem and how to resolve it, not the developer. . Sidewalks are on each side of the public streets. . Knaeble addressed the trail by the wetland area. Stamson: . Its not just the trees individually that are important, it is the entire stand as a group. In this case, the tree replacement policy does not replace what exists. That is why it is important to preserve the existing trees. Atwood: . The traffic is a major issue. . Have the Engineering Department address the spring on the Crooks' property. Criego: . The County is not taking into account the speeding and site. People are not suppose to speed, therefore it is safe. . Don Pavek said moving the units will be difficult. He agreed there his a problem with the speed on County Road 21. Something has to be done. But as far as taking out units, maybe taking 1 or 2 units but not 9. If it comes to taking out that many, they might have to withdraw. The originally started with 80 units and cut it down to 78 now to 69. Considering the price of land and development costs it will be very difficult. Taking out one unit in each building will not make an impact. Pavek explained the common area has steep slopes and cannot be built on. Stamson: . Questioned Pavek if two weeks would be enough time. Pavek said it would be tight and asked if the Commission could be present. Criego: . How many homes on Jeffer's Pass? Information not available with staff. MOTION BY STAMSON, SECOND BY ATWOOD, TO TABLE THIS ISSUE TO THE FEBRUARY 26, 2001 PLANNING COMMISSION MEETING. Vote taken indicated ayes by all. MOTION CARRIED. A recess was called at 11 :01 p.m. The meeting reconvened at 11 :06 p.m. 5. Old Business: A. Case File #00-086 St. Michael's Variance Resolution. Planning Coordinator Jane Kansier presented Resolution 01-003PC. L:\Ol files\Ol plancomm\Olpcminutes\mn021201 .doc 24 . II Location Map \ P- >>' ~~_ ~~ - ____ ~~. .}..+-- l- . .. 'L.. ~ ~ .'~ v'.'r-'I- . .)~. .11"';'.]. -:-;j =eI .].' . . . t:;: i--'- . ~f:!L.~ ~ -. ::;:"\0.\..:1Jr: ~ -'--i -::,z,. . . . . \. '\ , D~ x ~v :>-: T ~I.I.I' .1. ~~\.I....,l' ~ ~r:.,=,L. ,.,1.;-I..,..~, ..:w t> ~ L.:.~ -.:.,-.:. . . : :JL. . ~=i~;::~~A' K -. t:~===::::jy~ 1'1... .IHW; :,.-\H'V_ .~ J -. (_. ~ -~~:~. ~~ ~:i: ~<Jft:~ ~ _. __ ~~. '~-Jr.-iA-_ I.. .1.0>-. -<.j/ ~)'. .,.~ . ~:L..tr~. ~rOpertyLocat~'On ~~ ~.if..~i~ "~~. -. ~ ~ /~~N~J3L~iJ; ,(/./.!. . r ;.' 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I IXl 'I 3tli1l31N3:l - 3~Vd SIHI l1V130 ~3d SIN3~lsnrov A~NOSV~ ONV ~NI\W~j J~V~ - 3JVdS ~IV 3Hl JC 3NIl ~3INJJ 3Hl 01 3~v SNOISN3~'O llV ]10~ o ." o L D8JD u8do S8pnlJUI U os 698 ~ 1'---.1 "'v'" -, d ..L -=I c::> -, ''-1' I ll'\:lO'tfJlU (J HII ~ l ... ,; .;-.' . .., MJ~lOJ ~. ,1 I I [=:J .'-. "hJ 0 ~.~ ~~~ H1'18 ""'I~ cr., .HS Itltt{ 0..( II ~.J. ~ .. 1: ~"\JIM ,9-,( .Ol-,t W-.' ,- D =~?dO ~ 0<= t-t ' ~, ~~08 <f. 0, --- "':'~,~.:i" - ,-"" / O-,DZ . .0-.6, .. ..9-, I ~a c, .i....n .9,;1 .9-,[1 , 1 ~ ~J30 ~ tL~lHJ~ ,.,.,., 1J M013B llKl ~3r\O O~)lJ"'lS lL ~OC/D9/CK . IT :or -, R ~ .. 0 H'1B ~ n ~ NMO "Y ._,/ N 'ft9)8l1V'i- \ \ .Ol-.~l ~ LJOl .'-,;1 """'al Vi~ 1'13C!~ 01 N3dO Iii ~.... " TERRA ENGINEERING, INC. _._.._-~ r:~"-'". -"7" "..:::.~ _~-:. ~ ~~ ~", ; "~' ~-:": r-." '-. , ~ ,. ... I _~ I. ,.. 'r "~'~;---=....:::;7 LS. i~ \:-: ":'~1~jt';'! ". ,.\ ,I ' \lil'fX'11 FEB 202001 Illllj' 1\\ "I)i! 1-- ~ CIVIL ENGINEERING . LAND PLANNING . CONSULTING February 16,2000 Jane Kansier City of Prior Lake 16200 Eagle Creek Ave. Prior Lake, MN 55372 Re: Revised Preliminary Plat Exhibits Regal Crest (78 Unit Townhouse Project) TE #00-108 Dear Ms. Kansier:. Per our meeting with the City Staff yesterday, we are submitting the attached revised Preliminary Plat exhibits (Sheets 1-4; 6 full size; 6-11x17) for your review. The plans were revised per the Staff Report and the comments from the Planning Commission. The following changes were made: * Four units were removed on the north edge of the site to save a large contiguous wooded area in the northwest comer of the project. * The four unit building in the northeast corner of the site was changed to a three unit building (Lots 15-17, Block 2, 2nd Addition). * The temporary cul-de-sac was moved north to be centered on the proposed street. * The four unit building (Lots 1-4, Block 3, 2nd Addition) south of the temporary cul-de-sac was moved northward to save a large area of existing trees. * The two unit building on Lot 7-8, Block 1, 2nd Addition, was moved to the northwest to save trees and eliminated the encroachment into the 20% slope area. * The three unit building on Lots 4-6, Block 1, 2nd Addition, was moved northeast . to save trees and reduce the encroachment into the 20% slope area. Only 530 sq. ft. is being graded within the 20% slope area. * The revised plan saves approximately 112 additional trees. The calculatedjree replacement number is now 212 caliper inches. * The plan was revised to include a access road to the NURP pond. * The 100-year HWL, and the 30 ft. setback, is shown on the Grading Plan. * The emergency overflow from Wetland # I will be controlled by Pond Structure #2 (CB2). A secondary outlet pipe will be sized during final design. * Attached is a drainage map showing existing conditions as requested. * We have contacted the Prior Lake Watershed District, and the final stormwater plan will be designed to the District standards. The developer/builder will be submitting a revised landscaping plan and tree replacement plan to meet the ordinance requirements. He will also. submitted additional building elevations and floor plans as required. We understand that this project is rescheduled for the 2/26/01 Planning Commission meeting and the 3/5/01 City Council meeting. If you have any questions, or need additional information, please call. Sincerely, Pl1 jk. Peter J. Knaeble TERRA ENGINEERING, INC, CC: Don and Darin Pavek, College City Homes (wi encl.) Russell Streetland, attorney (w/ encl.) Steve Nelson, Bridgeland Development (wi encl.) III 1 . II :~ 1"2 ~ i= i; -;- ~. 'c: , , ' \ I ,- \::::7 L...::: !. , ; ,._" 11! li~= - l"': '--' :".::'; :'::' ! FEE 2 8 2001 . \ 1 ~I i, ". I SCOTT COUNTY PUBLIC WORKS DIVISION HIGHWAY DEPARTMENT 600 COUNTRY TRAIL EAST JORDAN, MN 55352-9339 (952) 496-8346 ..: II ~ I'. i I LJ lji --,~" 1 I _I BRADLEY J. LARSON PUBLIC WORKS DIRECTORl COUNTY HIGHWAY ENGINEER Fax: (952) 496-8365 February 26, 2001 Jane Kansier City Planner City of Prior Lake 16200 Eagle Creek Avenue SE Prior Lake, MN 55372 Subject: Regal Crest Access Issues CSAH 21- East Side, North of CSAH 82 Dear Jane: I am writing do address concems raised by local residents in regard to traffic safety with the Regal Crest development proposal adjacent to CSAH 21. Hopefully this will help the City, city residents, and developer understand the County's position on access to this development at this time. The main concern voiced to us in regard to this proposal is the location of access to CSAH 21 (across from Windsong Circle), because of the limited sight distance to the north. We conducted a study that indicated there is 590' of sight distance from the location of the proposed access on CSAH 21 to the north. The minimum required for a passenger vehicle to cross CSAH 21 at this location (from the east to the west) would be 525', at the current speed limit of 45 mph. Although we agree that sight distance at this location is not ideal, it does exceed our minimum standard for sight distance used in determining whether or not a proposed access could create a safety hazard. Question also has been raised as to whether or not this access would be consistent with our minimum access spacing guidelines. As we have discussed with the developer's engineer and the City, the proposed access would likely be a right-inlright-out access in the future, based on full-movement accesses located y.. mile apart at Lord's Street and CSAH 82. Therefore, to properly reference the guidelines, CSAH 21 is anticipated be a 4-lane divided highway, and the proposed access would be a "Low Volume, Non-Continuous Street". The resulting access spacing is 1/8 mile with no median opening. This proposed a~cess is more than 1/8 mile from both CSAH 82 and Lord's Street. Another issue raised is the speed of southbound CSAH 21 traffic in the area of the proposed access, This segment of CSAH 21 has been designed and posted for 45 mph. We cannot responsibly analyze access proposals based on conditions created by speeding traffic. If there are concerns about high numbers of motorists exceeding the speed limit, local law enforcement should be informed so they can determine how to address the issue, if necessary. Again, we realize that the location of this access may not be ideal. But we are required to provide "reasonable" access to adjacent property, As we understand the current proposal, the property to be developed does not hav~ frontage on any other existing public street. Based on this fact, and on the fact that the minimum sight distance necessary does exist at the proposed street location, it is the An Equal Opportunity/Safety Aware Employer Jane Kansier Page 2 determination of the Highway Department that the proposed access to CSAH 21 is reasonable. That being said, we would fully support any additional effort made by the developer and/or the City to explore alternative locations for access to this development. We understand that this may not be easy, and would likely require coordination with adjacent property owners, but may be worth exploring. Please call me should you feel the County could be of further assistance with this. It was not my intention to wait until the last second to address these traffic safety issues, and we will continue to work to address these issues earlier in the development process with future development proposals. As discussed with the developer's engineer, and as noted in our original comments for Regal Crest, we will be requiring the installation of a right turn lane for southbound CSAH 21 traffic if the development is approved as proposed. Please call me with any questions, if the City needs additional information, or if you require further clarification on this issue. SinCerelY~fv'- ~~ & Sorenson, P E. Transportation Engineer Email: Brad Larson, County Public Works Director Craig Jenson, Transportation Planner C: Bud Osmundson, City Public Works Director Peter Knable, Terra Engineering Deno Howard, Prior Lake City Resident (I>-j f-lC) w: \word\review\plats\O lylats\prelim\PL _ RegalCrest2.doc . II . [ I ..________.,..:__.._____._ _ .,~__._~ .._ .;__ __'4______.___----.~.R.._'.'"._. .Michael N. Felix 10761 Smetana Rd. Minnetonka, Nfn. Ste. 312 55343 rm~ @ rn O'@~rm I ~\ I J'tj 3 I 2001 i/iUII U1! IUJi IJl " -...J Ms. Jane Kansier City of Prior Lake, Nfn 16200 Eagle Cr. Dr. Prior Lake Mn. 55372 1-29-2001 Re - Proposed Regal Crest Development Ms. Kansier; I have included, for your consideration, some comments regarding the above referenced proposed development. The entrance road and its slope destroys a wetland which has been there for more than my lifetime. Instead of fronting development on the wetland to the east, which would seem the most obvious planning scheme for the site, this development fills that same depression and wetland to create an entrance to the site. Because the wetland is much lower than Co. # 21, the amount of fill required destroys the wetland. The wetland delineation itself is suspect and should be checked by an unbiased consultant. There is likely more wetland than shown Access to this site should occur at Lords Street and/ or from County # 82 to the south. This plan substitutes a short term, environmentally destructive solution for a long-term effective traffic plan. The appropriate access and traftlc flow to and through this site would render mitigation of wetland destruction totally unnecessary. The developer indicates a turnaround for the street, which supposedly would eventually hook up with Lords Street. However there is presently no city plan for the extension of this street. You know perfectly well that the people who purchase homes along that street will not want the connection made; thus isolating the exceptions. The city should not be rushed into this plan simply due to the developers . . pecunlary reqUlrements. The city is at fault for not having an appropriate long-term plan for traffic in the area and implementing it, as development occurs. Also of not making the developer aware of these considerations so that the developer could include them in his cost analysis. .... _."--_~'_ ..___..._..._..:...;......_ __:....::.~_~____,_.:-.~,.__ ...h'.'_.__.::.~.__. .h___........:"~.;,.'--__ In this case the developer has apparently paid too much for the land and then substituted the cheapest provision for access, no matter the environmental impact, or long term planning for the area. Development of this access, per the plan, puts an unattractive street directly to the south of mine and other property ovmers, degrading the aesthetics of the Vlew. Thank you for your consideration of these suggestions and comments. I am; Sincerely, H "- Michael N. Felix~ Ilf T . II . -_.-~." ..,...... ;....__.....""";..:;...--..:.--,-....;~~._.-"......---...... -.. _._-_.~,-_._-_._---_._~'-."--_.._'-'- --'.- - -.-.....---- - '-_.- --" , Shakopee Mdewakanton Sioux Community OFFICERS Stanley R. Crooks Chairman Glynn A. Crooks Vice Chairman 2330 SIOUX TRAIL NW 0 PRIOR LAKE. MINNESOTA 55372 TRIBAL OFFICE: 9520445-8900 0 FAX: 9520445-8906 Lori K. Crowchild Secretary !Treasurer 29 January 2001 Ms. Jane Kansier, Planner City of Prior Lake 16200 Eagle Creek Ave. S.E. Prior Lake, MN 55372-1714 ,!;0 i2(;::'~ /-2 'i ,\\! -, '"::::: ,ii)/) L::: ..-:::::;-.c L: \i.! I;;:, f0\ 'I' I .,=" II II R\.! JAN 2 9 200l ii/II/! u u~ /IUJ -.J L.:/ RE: Comments on Regal Crest CUP and Preliminary PIa Dear Ms. Kansier: The following constitutes the comments of the Shakopee Mdewakanton Sioux Community (SMSC) on the application for a Conditional Use Permit (CUP) and preliminary plat for Regal Crest. The SMSC, besides being an adjacent land owner, is a sovereign government with reservation lands abutting the proposed development. Tribal lands are not in private ownership but are under the direct jurisdiction of the Tribal Government. They are subj ect to tribal and federal regulatory jurisdiction. This includes any negative impacts that may arise off the tribal lands but travel onto them. Comments in this letter are the official comments of the SMSC Tribal Government. Wetlands The wetland impact is incorrectly calculated. The applicant does not receive the .05 acre de minimus credit because the total impacts exceed 2,000 square feet. This change contained in a year 2000 amendment to Minnesota Rule 8420. This brings the total impact to .52 acres. At a 2: 1 mitigation the mandatory mitigation is 1.04 acres. The proposed New Wetland Credit is .54 acres. The SMSC feels that this should be increased to at least .60 acres to insure creation of at least .52 acres of new wetland. Any new wetland must meet all of the criteria in Minnesota Rule 8420.0550, Subpart 2. This requires that the wetland created have an irregular edge to create points and bays (see Minnesota Rule 8420.0550, Subpart 2, H). The design provided does not meet this criterion. The new wetland must also have an irregular bottom (see Minnesota Rule 8420.0550, Subpart 2, F). The design provided does not meet this criterion. There was no statement of plans to seed or plant in the wetland area. If such seeding or planting is taking place, the applicant should provide plans including the seed mix or plant types. Under Minnesota Rule 8420.0550, Subpart 2, C the seed and plants should be oflocal wetland origin. There appears to be an unmitigated impact on the wetland located in the southwestern comer of the-property. The utility plan indicates that all streets will drain to the ponding . . .._w'_ ......... .... ...___._._.......__._~ . . R"......... ._..~.....--..:.-._. .."-. -......-.. ....--.....--...:.,... r-...... ....._..._...~:..-..:._.--._... . ..:..~_ '.... .... .....:.. _._ '"" __.,0'.- .. area. It appears, however, that a significant amount of impervious surface will drain into the above mentioned wetland without treatment of any kind. Grading Given the scale of the maps provided it is difficult to evaluate potential impacts from grading. The overall impact on all neighboring properties, particularly that of the SMSC, appears negative. There appears to be potential for severe erosion during construction and significant long term impacts on neighboring properties. A large part of the impact from grading operations relates to the attempt to maximize the number of units on the available land without considering alternative locations. To accomplish this objective there is significant proposed berming and grading along the boundaries of the subject property. This has the result of altering the neighboring properties' character. It also has significant affect on surface water runoff as discussed below. Storm water Insufficient thought and planning have been given to the routing and management of stormwater. The streets are piped to a pond. The excess stonnwater generated by the remaining impervious area is, apparently, considered as surface runoff. This is exacerbated by the large footprint and geographic concentration of the proposed units. There are two specific areas of the project where this creates problems: 1) the northern edge where the project abuts tribal lands; and 2) the southwestern comer where a Minnesota Wetland Conservation Act jurisdiction wetland is located. On the northern edge there is an apparent potential for significant runoffbeing channeled onto and across tribal lands. In one location, just north of the northeastern most comer of the subject parcel, it appears that the stormwater may flow directly into an existing residential lot. This situation is unacceptable. The applicant should provide a means for managing the runoff created by the impermeable surface within the bounds of the subject parcel. If the applicant cannot contain stonnwater within the bounds of the subject parcel the applicant will have to apply for an NPDES permit. Any NPDES permit for discharge onto tribal lands will probably be issued by the United States Environmental Protection Agency, Region 5. Alternatively, this NPDES permit may be issued by the MPCA in consultation with the EP A and the SMSC as the receiving jurisdiction. The wetland in the southwestern comer of the subject parcel will receive untreated runoff from the impermeable surface located to the north and east. The units located south and west of the street all drain directly into this wetland. This should require a NPDES- permit from the MPCA. Both of the above problems could be eliminated by redesigning the project to retain the wood lot as the open space and relocating the streets to provide a stormwater intercept between the housing units and the wetland. The area betvveen the street and the wetland could be planted in native grasses to provide a buffer. . I r . II ~ ~'_______'.~"'--'-......_...__......_._.__;'_''''''~.'.''. .__.. ...._ ...;..J-_'_ _~.:.- r .....,.......___....._....:..u...-. --"'-.'" .;..~ ~...",_..._ ._,..."..... ...,";';_', .." . :~, It is difficult to judge from the plans provided, but the ponding does not appear appropriately sized for the potential runoff. This is probably due to the fact that the pond only treats street runoff and all other runoff drains across the surface without treatment. Full evaluation of the adequacy of sizing and design for the ponding is impossible using the maps provided. They are unclear, of an irregular scale and generally do not provide adequate legible information. Additional comments on this area will likely be provided after review of detailed plans. Deforestation and general ecosystem impacts Development planning did not adequately consider the existing environment. The northern portion of the subject parcel contains a remnant of the Big Woods- Maple/Basswood type forest that once covered a large percentage of northern Scott County. Many of the trees in this area are old growth. They provide significant wildlife habitat, stabilize the soil and afford a host of indirect environmental benefits. Removal of these trees will significantly impact the local ecosystem. The functions and values of this wood lot cannot be replaced by planting boulevard trees and shrubbery, especially where many of the planted species are not native to North America, let alone Minnesota. The existing forest community will be destroyed forever. The distributed nature of the planting, the choice of species and the immature nature of the plants precludes any development of a natural community around the new trees. Even the passing oftime and maturing of the new trees will not remedy this problem. This is a permanent and significant alteration of an ecotype that is growing increasingly rare. This total destruction of the wood lot is not absolutely necessary. To meet the City imposed density requirements the project requires open space. Open space does not require a large open area of grass or turf. Preserving a mixture of grass areas and wooded lands increases the environmental and aesthetic benefit of urban open space. When native grass and wooded open space are linked in corridors it provides a texture to the urban environment that preserves a small sense of the natural environment. The project could be redesigned to preserve the wood lot and protect the wetland. Roadways could be located between the housing units and the wetland. Doing so intercepts the stormwater and provides an opportunity for treatment. The area between the street and the wetland could be seeded in native grass as a buffer for road salt. The entire set of housing units could then be shifted to the south and west along the realigned street. -The existing wood lot would then become the "open space". The net result would be the same approximate number of units, reduced runoff into the wetland and preservation of a living resource. Light, view, aesthetic and human environmental impacts As designed, the development significantly impacts the view, light and privacy of the SMSC residential areas. Due to the size and location of the planned units, residents will lose significant amounts of sunlight during certain seasons. They will also most directly suffer the loss of the environmental buffering affects of the destroyed wood lot. - '." .~. - - - - - -......'.. .... . .~.....,...._..- ~-. .~- -..--- ~.~.~-.._.. --........-..---.. .. c ;.:.:.::..~;;;-,,';.~..::~-;-...____"'_ .:';.~'_~::-_..._ .......;;.....'--':-.;"-'-..;_--..~-...:;"--4..::...~~ .... __ :;".._~, , Expected affects on SMSC residents are broad in nature. The units planned along the northern edge of the subject parcel will obstruct low angle sunlight during the winter months. The loss of the trees will increase the amount of wind that directly impacts these residents. Daily temperature and humidity ranges will increase in all seasons. There will be a significant decrease in aesthetic quality of their homes. The majority of the light, view, aesthetic and human environment impacts could be ameliorated by redesigning the development. Leaving the wooded area intact removes the majority of the impacts. It would be very difficult to mitigate impacts if the development is built as currently designed. There is little or no room for screening or other methods of impact abatement. Summary Many of the above stated impacts are avoidable. The design, as submitted by the applicant, appears to be unimaginative and limited to maximizing housing units at the lowest cost. There was little consideration given to impacts on the neighbors or the environment. Regulatory issues, where they are addressed, are given the minimum of attention required by law. Based on the foregoing, the SMSC respectfully requests the City deny the CUP until significant changes are made to the development proposal. Sincerely, ~~ Gl" A. Crooks · Vice-Chairman III T . f ~ -.. ~._'..- -_._....~ "'^ . " . -_..~. _.--_._.._----_.~....'----_.._.......-... \...... .~ DATE: February 2, 2001 TO: Jane Kansier, Planning Coordinator FROM: Lani Leichty, Water Resources Coordinator RE: Regal Crest (Project #01-34) The Engineering Department has reviewed the preliminary plans for the subject project and we have the following comments: 1. Submit a wetland replacement application. 2. Provide a grading plan at a scale 1" = 50' or larger. 3. Provide a map showing existing drainage conditions. (Same scale as proposed conditions.) 4. Show the 1 OO-year HWL for wetland #1. 5. Storm calculations should be provided for 2, 10 & 100 year-24 hour event storms, for both existing and proposed conditions (exclude the 1-year event). 6. The design storm runoff for sizing the NURP pond for 32% impervious area and impervious CN = 61 is 0.93 inches of runoff. Resize the NURP pond accordingly. 7. Provide an emergency overflow from wetland #1 such that adjacent units are 2' above the EOF, or provide a secondary outlet pipe under the entrance road with an inlet elevation of 938.5. 8. Provide an access road to the NURP pond for maintenance purposes with a slope :S 8%, with a width of 1 a'. 9. Maximum slope of grading in maintained areas is 4: 1. 10. O~ street 'A', use DIP - Class 52 sewer pipe for depths;:: 26'. 11. All of the manholes on street 'A' (page 6) are labeled as Manhole 8. 12. Show the plan view of the utilities on the plan/profile sheets. 13. A drop manhole will be required for Manhole 10. 14. Obtain temporary construction easements where off-site grading is occurring. 15. Show hydrant spacing on the utility plans, and show the utility lines as different line types. G:\PROJECTS\200 1 \34regalcrest\REVIEW1.DOC .............. ..._----.::.~;_. - - ..... "--"--...,. -'---.. _.:.__. ,,- -,-.--.-..-. .-----...--....-.-... . .. --....-..----;.- ...-'.....-.._---_._.~-_._~....,..., ... ... .,. ,. --.., . .. . . , "'--...:-- -,......-..~-----_.._~-... ., . , .,' 16. The street grade shall not exceed 2.00% for the first 100' approaching the intersection with C.R. 21. 17. Design the vertical curves according to the Prior lake Design Manual. (Sag: K= 36 for 30 mph, Crest: K = 30 for 30 mph) 18. Use SDR 26 pipe for 8" sewer for depths between 16' -26' (street 'B'). 19. Refer to the Prior Lake Design Manual for preparation of plans and specifications. 20. look at alternative ways of connecting to the existing sanitary sewer. 2 I II . n - - ..... ~ - -._-- -.'- --_.._.-..---.....~,._......_-.'---~.......~._.- ----- ~--..--'- -.--.--.;... .--.-- -' '-., -~'.. SCOTT COUNTY PUBLIC WORKS DIVISION HIGHWAY DEPARTMENT 600 COUNTRY TRAIL EAST JORDAN, MN 55352-9339 (952) 496-8346 '1m f5l @ @ O'i\ 7 ~" '" i~U1'- .:..5 C2 I::!J ~5 ..!r\. \ I I " J! I ! I l .1/ ii/ I II i\ \ FEB - 5 2001 I; 111I DI !~ BRADLEY J. LARSON PUBLIC WORKS DIRECTOR/ COUNTY HIGHWAY ENGINEER Fax: (952) 496-8365 January 30, 2001 Jane Kansier City of Prior Lake 16200 Eagle Creek Avenue Prior Lake, MN 55372 RE: Preliminary Plat, Regal Crest CSAH 21 - North of CSAH 82 Dear Jane: We have reviewed the preliminary plat as it relates to Highway Department issues and offer the following comments or concerns: . A right turn lane, designed to County standards, shall be required on CSAH 21 at the proposed Fairway Heights Trail. . All existing field accesses or driveways to the property along CSAH 21 shall be completely removed from the County right-of-way and graded to match in. . Any change in drainage entering the County right-of-way shall require detailed drainage calculations to be submitted to the County Engineer for review and approval. . An access permit for Fairway Heights Trail shall be required. . No berming, landscaping, ponding, or signing shall be allowed in the County right-of- way. . A utility permit shall be required for any work within the County right-of-way. Thank you for the opportunity to comment. If you have any questions, please feel free to contact me. Sincerely, /,// ~~~~ L--- ." Craig Jenson Transportation Planner -.. An Equal Opportunity/Safety Aware Employer -..-../ - ,. , Fax to: Jane Kansier, DRC Coordinator City of Prior Lake 447-424~ Fax: From: Prior Lake Spring Lake Watershed District Jim Eggen, District Technician Date: February 6,2001 Comments on: Regal Crest Preliminary Plat & Conditioaal Use Permit Depending on when PLSL WD receives the required permit application, this project will be considered under the existing rules or the new rules currently being considered by the Board of Managers. Under the new rules, modifications to the plans will be required to accommodate such items as runoff, infiltration on site, and dedication of buffers/conservation easements. District review and permitting will have to be completed prior to approval of the preliminary plat. Whether under the existing rules or the new rules, the District must receive a permit application and a District permit must be issued b,efore construction may begin. 'Nhen a complete application is received, the District will Can)' out a full review of the project with respect to District rules. With only a cursory review done at this time, District staff are concerned with the storm water management plan shown on sheet 3 and the potential for off site drainage impacts to the property/drainageways to the south of the proposed stormwater outfall. With respect to the proposed grades, it appears that drainage from the site would be diverted to the outfall at the southeast end of the site rather than being directed along the historic drainage path/topography. The historic drainage pattern for the west end of the site is to the southwest comer. .11 tr .. ~ I II Page 2 Regal Crest, 2/6/01 In addition, staff contemplates recommending the following conditions for the Managers' consideration if this activity comes before the Board under the existing rules: 1) That roof drains be directed to pervious areas to promote infiltration and not be discharged to or allowed to reach impervious areas such as paved surfaces, drainageways or, ultimately, stonnwater collection systems. 2) That vehicle parking be prohibited on lots during construction, except on driveways and roads, 3) That compacted soils be mitigated prior to seeding. f7ct:- . ..:,.;..;~-_:_-. -.-----........ ~ROFTICEMEMORANDUM TO: FROM: RE: DATE: PLANNING/ENGINEERlNG Ralph Teschner, Finance Director REGAL CRESTADDITION - Preliminary (assessment/fee review) January 23, 2001 A 26 acre parcel comprising PIN #25 934 005 0 is proposed to be developed as Regal Crest. This area has received no prior assessments for City municipal utilities. Since utilities are available to the property site, the cost for the extension of services internally will be the responsibility of the developer. In addition to these improvement costs, the subdivision will be subject to the following City charges: Collector Street Fee Stormwater Management Fee Trunk Sewer & Water Fee Lateral Sewer & Water Charge $1500.00/acre $2943.00/acre $3500.00/acre 150' @ $60.00/ff The application of applicable City development charges would generate the following costs to the developer based upon a net lot area calculation of 23.81 acres of townhouse units as provided within the site data summary sheet of the preliminary plat description: Collector Street Fee: 23.81 acres @ $1500.00/ac = $35,715.00 Storm Water Management Fee: 23.81 acres @ $2943/ac = $70,073.00 Trunk Sewer & Water Charge: 23.81 acres @ $3500.00/ac = $83,335.00 Lateral Sewer & Water Charge: 150' @ $60.00/ff= $9,000.00 These charges represent an approximate cost of $2,540.00 per lot for the 78 proposed townhouse units within Regal Crest. Assuming the initial net lot area of the preliminary plat c!oes not change, the above referenced storm water, collector street, trunk and lateral sewer and water charges would be determined and collected within the context of a developer's agreement for the construction of utility improvements at the time of final plat approval. There are no other outstanding special assessments currently certified against the property. Also, the tax status of the property is current with no outstanding delinquencies. 16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 r I &>1\1 JOnllAJ npPORTl JNITY FMPt.pYER . i! 111