HomeMy WebLinkAbout9A - Regal Crest Park Dedicatio
MEETING DATE:
AGENDA #
PREPARED BY:
AGENDA ITEM:
DISCUSSION:
ISSUES:
CITY COUNCIL AGENDA REPORT
MAY 21, 2001
CfA
BUD OSMUNDSON, PUBLIC WORKS DIRECTOR
CONSIDER APPROVAL OF A RESOLUTION AMENDING THE
CONDITIONAL USE PERMIT AND A RESOLUTION AMENDING THE
PRELIMINARY PLAT TO BE KNOWN AS REGAL CREST TO INCLUDE
PARK DEDICATION
History
At the April 16, 2001 regularly scheduled meeting, the City Council approved attached
Resolutions 00-46 and 00-47 approving the conditional use permit and the preliminary
plat for a 74-unit townhouse development called Regal Crest. At the May 7th regularly
scheduled meeting, the City Council approved a motion to reconsider the CUP and
preliminary plat in regards to the issue of park dedication only (see attached minutes).
The Regal Crest development is located on a 25.5 acre parcel that has hill and valley
topography with as much as 65 feet of relief. The site has relatively large areas of
slopes greater than 20%, wooded areas and wetlands, which are all protected by City
Code or State Statute. The site is a rather tough site to develop.
Furthermore, the R-l district also requires a minimum of 600 square feet of usable
open space per unit for cluster developments. The proposed common area provides
open space consisting of 5.6 acres of open space, or 3296 square feet per unit. Most of
this open space is located on the slope in the southeast corner of the site.
When staff reviewed this site for park dedication requirements, we took into
consideration that the common open space provided by the developer exceeds
ordinance standards by almost 2,700 square feet per unit, the added maintenance
burden if this property is dedicated to the City for park purposes, and the proximity to
other area parks and the trail/sidewalk access to them. The new Wensmann First
Addition park, called Fairway Heights Park, is located just to the west of Regal Crest
and can be accessed by using the proposed sidewalk system (see attached graphic).
Fairway Heights Park is connected via the trail system to a future trail along CSAH 82
and to the north into the Jeffers property, which will have many green space amenities.
The residents of Regal Crest can also access Raspberry Ridge Park on the east side of
CSAH 21. There are plans to construct a trail in 2002 on the north side of Lords Street
from CSAH 21 to the Raspberry Ridge park access. This may not be the best access
due to traffic concerns on CSAH 21, but in the future a safe access via the trail system
through Wensmann First Addition and the Jeffers property to a future signal at
J:\Olfiles\OJ subdivisions\prelim plat\regal crest\dedication alternatives.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
r- "7"
Raspberry Ridge Road and CSAH 21, to the Raspberry Ridge Park will be provided.
On the basis of the above considerations, the staff recommended that the City accept
only a cash dedication for the Regal Crest development. However, in accordance with
the Council directive, the staff has investigated and offers two alternatives to the
original recommendation.
The first alternative is to have the developer dedicated the wooded northwest comer of
the Regal Crest development currently shown as open space as parkland. Under this
scenario, the 210 ft x 190 ft parcel (0.83 acres) would remain as green space, but under
City ownership allowing access to all City residents. It must be noted the SMSC
property and Wensmann First Addition surround the site. In other words, it cannot be
expanded or added to. Under the currently approved plan, this property would remain
green space together with the remaining homeowner's association green space. The
developer would still meet the cluster open space requirements and would still be
paying some cash as park dedication.
A second alternative is to have the developer dedicate a 20' wide trail easement as park
dedication around the wetland in the southwest comer of the site. In the future, as the
land to the south develops, a trail could be constructed around the wetland, which could
connect to the future trail along CSAH 82. The proposed trail easement would consist
of approximately 0.25 acres. There will be a similar trail on the west side of the much
larger wetland in the Wensmann First Addition just west of Regal Crest.
Ordinarily, neither of these pieces of land would meet City ordinance criteria for park
dedication. Moreover, neither alternative increases green space, but only changes
ownership, maintenance responsibility and accessibility to the public.
FINANCIAL
IMPLICATIONS:
Parkland dedication requirements for this development are determined under the old
policy. Under the original proposal, the developer would have paid $33,254.00 in lieu
of land dedication, plus $850.00 per unit with each building permit ($60,900). Shown
below is the land dedication and cash received under the alternatives set forth above:
Land dedication: Park = 0.83 acres
Trail = 0.25 acres
Total = 1.08 acres
Cash in lieu of land: $19,214.00 + $850.00 per unit ($60,900.00)
ALTERNATIVES:
The alternatives are as follows:
1. Take no action. This would not change the already approved CUP and preliminary
plat (see attached approving resolutions).
2. Approve a resolution amending the Preliminary Plat to be known as Regal Crest to
include the land dedication set forth above (see amended resolution).
RECOMMENDED
MOTION:
As desired by the City Council. It must be noted that the 60-deadline for action on this
item expires on May 22, 2001.
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PRELIMINARY PLAT
REVISED
RESOLUTION 01-XX
RESOLUTION OF THE PRIOR LAKE CITY COUNCIL APPROVING THE PRELIMINARY PLAT OF
"REGAL CREST" SUBJECT TO THE CONDITIONS OUTLINED HEREIN.
MOTION BY: SECOND BY:
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 Prior Lake City Council voted to reconsider the application for preliminary plat
approval of Regal Crest solely for the purpose of addressing parkland dedication on
May 7,2001; and
WHEREA: The Prior Lake City Council has determined the preliminary plat of Regal Crest should
be amended to include dedicated parkland; 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 RESOLVED BY THE CITY COUNCIL OF THE CITY OF PRIOR
LAKE, MINNESOTA:
li\g200s~b1~be\-'E!~kO}\~~~~~.f\9fltf~t'at{~,S~rrtrf&gb4gc55372-1714 / Ph. (952) 447-4230 / Fax (952) 4!f~2~5
AN EQUAL OPPORTUNITY EMPLOYER
II ~
, ,
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 identify the 210' by 190' wooded area located in the northwest
corner of the site as Park,
2) The developer must submit an easement for a 20' wide trail around the wetland in the southwest
corner of the site.
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) 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-of-way.
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.
Passed and adopted this 21st day of May, 2001.
YES
NO
Mader Mader
Gundlach Gundlach
Ericson Ericson
Petersen Petersen
Zieska Zieska
1:\01 files\O 1 subdivisions\pre1im p1at\rega1 crest\rev res.doc
Page 2
{Seal}
Frank Boyles. City Manager
1:\01 files\O 1 subdivisions\pre1im plat\regal crest\rev res. doc
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PRELIMINARY PLAT
RESOLUTION 01-46
RESOLUTION OF THE PRIOR LAKE CITY COUNCIL APPROVING THE PRELIMINARY PLAT OF
"REGAL CREST" SUBJECT TO THE CONDITIONS OUTLINED HEREIN.
MOTION BY: ZIESKA
SECOND BY: PETERSEN
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 RESOLVED BY THE CITY COUNCIL OF THE CITY OF PRIOR
LAKE, MINNESOTA:
A. The above recitals are incorporated herein as if fully set forth.
8, 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.
!}\e:roOt~~PWJ~4:9.@~<Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 P;'C3~x1(612) 447-4245
AN EQL:AL OPPORTUNITY E'vlPLOYER
,......
b) Provide arT 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) 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 X Mader
Gundlach X Gundlach
Ericson X Ericson
Petersen X Petersen
Zieska X Zieska
{Seal}
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,1.,
CONDITIONAL USE PERMIT
RESOLUTION 01-47
APPROVING A CONDITIONAL USE PERMIT TO DEVELOP A 74 UNIT TOWNHOUSE
DEVELOPMENT TO BE KNOWN AS "REGAL CREST"
MOTION BY: MADER
SECOND BY: ZIESKA
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
Conditional Use Permit (CUP) for a 78 unit cluster development 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 CUP has been duly published in accordance with
the applicable Prior Lake Ordinances; and
WHEREAS, The Planning Commission proceeded to hear all persons interested in this issue and
persons interested were afforded the opportunity to present their views and objections
related to the CUP of Regal Crest; and
WHEREAS, The City Council considered the CUP application for Regal Crest at its regular meeting
on April 16, 2001; and
WHEREAS, 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
WHEREAS, The Planning Commission and City Council find the proposed CUP is compatible with
the stated purposes and intent of the Zoning Ordinance as they relate to conditionally
permitted uses, and further, that the proposed CUP meets the criteria for approval of
CUP as contained in Section 1108.202 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:
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16200 Eagle Creek Ave. S.E.. Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / tax (612) 447-4245
AN EQI,AL OPPORT;':NITY E'v'PLovER
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 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.
f} 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 this Ordinance are
insufficient to achieve the o,bjectives 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
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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, 3nd lTiust
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-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,
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 % of the Northeast 1/4'; the north 18 rods of
the Southeast % of the Northeast %; the south 18 rods of the North 36 rods of the Southeast % of
the Northeast 1/4'; and the South 8 rods of the North 44 rods of the Southeast % 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 Y2 of the Northeast % 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 % 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 %;
thence east along said South line a distance of 367.3 feet to the East line of said Northeast %;
thence South 473.3 feet to the point of beginning.
5, The Conditional Use Permit is hereby approved subject to the following conditions:
a) Obtain a permit from the Watershed District.
b) The landscaping plan must also be prepared and signed by a registered landscape architect.
c) The plans should be revised to combine more of the driveway openings, especially on Jeffers
Pass.
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d) The Final Plat and Development Contract must be approved by the City Council.
e) 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 X Mader
Ericson X Ericson
Gundlach X Gundlach
Petersen X Petersen
Zieska X Zieska
{Seal}
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