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HomeMy WebLinkAbout9F - Creekside Estates CITY COUNCIL AGENDA REPORT October 2, 2000 9F Frank Boyles, City Manager AGENDA ITEM: CONSIDER APPROVAL OF A RESOLUTION AMENDING RESOLUTIONS 00- 88 AND 00-89 WHICH APPROVED AN AMENDMENT TO PUD 82-12 (PRIORWOOD PUD) AND APPROVED A PRELIMINARY PLAT KNOWN AS CREEKSIDE ESTATES WITH RESPECT TO PARK DEDICATION REQUIREMENTS. DISCUSSION: History: The City Council adopted each of the above cited resolutions (attached) at its September 18th meeting. Each Resolution addressed park dedication requirements by requiring that the 8.19 acres identified as Outlot A be dedicated to the City. Resolution 00-88 addresses park dedication on page 3, item 2a; Resolution 00-89 addresses park dedication on page 1, item B1. Current Circumstances: Following the September 18th meeting, I and some members of the Council were contacted by David Bell, the developer. Later, in the week I was contacted Bryce Huemoeller, the attorney for the property owners, and the property owners, John Messenbrink and Larry Gensmer. They collectively and individually proposed that the City's park dedication requirement be fulfilled by paying $16,510. They further proposed to donate Outlot A to the City. A letter is attached from the landowner's attorney formalizing their proposal and requesting that this item be scheduled for October 2, 2000. Conclusion: The City Attorney has prepared a document which is attached to this agenda report to accomplish what the developer, landowners and their attorney have requested. ISSUES: The City Attorney has prepared the attached document which has been distributed to each of the parties who have interest in this matter and, it is my understanding, that each of the parties concur with its provisions. ALTERNATIVES: (1) Adopt a Resolution revising Resolutions 00-88 and 00-89 with respect to park dedication. (2) Take no action. RECOMMENDED MOTION: Alternative (1). Motion and second to adopt the attached resolution so the land dedication can be accomplished as requested by the developer, landowner and the landowner's attorney. 16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 I:\CQUNCIL\AGNRPTS\CREEKSIDE AMD.D~QUAL OPPORTUNITY EMPLOYER . , . n' RESOLUTION oo~ 100 ~ I o~ ~ A RESOLUTON AMENDING RESOLUTIONS 00-88 AND 00-89 lVNES APPROVING THE PRELIMINARY PUD AND PRELIMINARY PLAT FOR THE DEVELOPMENT KNOWN AS CREEKSIDE ESTATES. Motion By: Second By: WHEREAS, on September 18, 2000, the Prior Lake City Council adopted Resolutions 00-88 and 00- 89 approving a Preliminary PUD Plan and Preliminary Plat, respectively, for a development known as Creekside Estates; and WHEREAS, Minnesota Statutes Section 462.358, Subd. 2b authorizes the City to adopt regulations requiring a reasonable portion of any proposed subdivision be dedicated to the public for public use as parks, recreational facilities, playgrounds, trails, wetlands, or open space. The statute also provides that "the municipality may choose to accept an equivalent amount in cash from the applicant"; and WHEREAS, the City's Subdivision Ordinance Section 1006.800 requires the developer to dedicate land, or in the sole discretion of the City, cash in lieu of land, for the use by the City as parks, trails or open space; and WHEREAS, the land to be developed as Creekside Estates is owned by Eagle Creek Villas, LLC ("property owner"); and WHEREAS, the developer of Creekside Estates is David Bell d/b/a Freedom Consulting and Development ("developer"); and WHEREAS, City Code requires both the fee owner and the developer to sign the application for the Preliminary PUD Plan and the preliminary plat; and WHEREAS, the City Council is aware that Minnesota Statute Section 462.358, Subd. 2b requires the City to elect a land dedication, a cash dedication or a combination thereof; and WHEREAS, Resolutions 00-88 and 00-89 require a land dedication; and WHEREAS, after Resolutions 00-88 and 00-89 were adopted, the City was contacted in writing by the property owner and developer requesting the City reconsider its decision to require a land dedication and instead to accept a cash dedication; and WHEREAS, the property owner(s) and developer have offered the City an inducement to accept cash in lieu of land; and WHEREAS, the inducement offered by the property owner(s) and developer is that if the City will accept cash to satisfy the park dedication requirement, the property owner will voluntarily convey to the City the land identified as park dedication in Resolutions 00-88 and 00-89 and the property owner and developer voluntarily and without duress or 16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER ,. II pressure in any manner from the City has indicated its concurrence with the foregoing paragraph. Now THEREFORE, be it resolved by the City Council of the City of Prior Lake that: 1. The recitals set forth above are incorporated herein as if fully set forth. 2. The City desires to maintain 8.19 acres located at the intersection of Five Hawks Avenue and Priorwood Street and identified as Outlot A, as shown in the approved preliminary plan of Creekside Estates, for park and recreational use. 3. To assure the land is so preserved, the City required, as a condition of preliminary plat approval, that Outlot A be dedicated to the City to meet the City's park dedication requirement. 4. The property owner and developer have, subsequent to the passage of Resolutions 00-88 and 00- 89, requested the City reconsider its decision and accept cash in lieu of land, but that the property owner(s} with the concurrence of the developer, has offered to gift and convey to the City the land identified in paragraph 2; and 5. The City agrees to accept cash to satisfy the City's park dedication requirement instead of land, subject to the representation by the property owner(s} and developer that the land described in paragraph 2 will be voluntarily conveyed to the City as a gift. 6. The City is aware that the property owner(s} and/or developer may claim a tax deduction for income tax purposes as a result of said gift of land. 7. The City has not offered any tax advice with respect to the property owners and/or developer plan to gift the land identified in paragraph 2 to the City. 8. The City agrees for purposes of final plat approval to accept for park dedication requirements $16,510 in cash instead of the land requirement set out in condition 2a in Resolution 00-88, and condition 81 in Resolution 00-89, prescribed in the Resolution approving the preliminary plat. 9. The applicant's offer to gift the land to the City and pay $16,510 as park dedication fee is completely voluntary, and to attest thereto, the property owners' and developer's signatures shall be affixed to this Resolution in the space provided below prior to the City Council consideration of this matter. 10. The gift to the City of the property identified as Outlot A on the approved preliminary plat is a separate and unrelated transaction from the overall subdivision and therefore, the property owner(s} and developer waive any claims that the combination of the cash park dedication fee and the subsequent gift of the Outlot A to the City could be construed as an excessive or unlawful exaction or taking by the City. 11. Prior to release of the final plat by the City, the property owner(s}, with the concurrence of the developer, if necessary, shall provide a warranty deed conveying said Outlot A to the City. 12. The property owner(s} and developer recognize this is a legal document and may want to consider seeking legal counsel before affixing their signatures hereto. R:\RESOLUTI\ADMINRES\creeksidereso.DOC 13. This document does not become effective until executed by the property owner(s) and developer. PASSED AND ADOPTED BY THE CITY COUNCIL THIS 2ND DAY OF OCTOBER, 2000. Mader Mader Ericson Ericson Gundlach Gundlach Petersen Petersen Zieska Zieska YES NO City Manager, City of Prior Lake ACCEPTED BY: Property Owner: EAGLE CREEK VILLAS, LLC By: Its: Dated: By: Its: Developer: FREEDOM CONSULTING AND DEVELOPMENT By: David Bell, Dated: R:\RESOLUTI\ADMINRES\creeksidereso.DOC _.,. _......_",.._,._"......,...""'" ,_,. . ...._ ......."........... ..,.._" _..........~.__,._">O~_.._"~""~,_~......._w___",,., ...-. .~., ... .."-----"" ..-~..-.-_r__ HUEMOELLER & BATES ATTORNEYS AT LAW 16670 FRANKLIN TRAIL P.O. BOX 67 PRIOR LAKE, MINNESOTA 55372 JAMES D. BATES BRYCE D. HUEMOELLER Telephone (952) 447-2131 Fax (952) 447-5628 September 29,2000 Frank F. Boyles Prior Lake City Manager 16200 Eagle Creek Avenue Prior Lake, MN 55372 HAND DELIVERED RE: Applications of Eagle Creek Villas LLC and Freedom Development and Consulting LLC for Zoning Change, Amendment to PUD 82-12 and Preliminary Plat Approval Dear Mr. Boyles: This letter is written on behalf of Eagle Creek Villas LLC (ECV) with respect to the preliminary plat approval for the property in PUD 82-12 that was given by the Prior Lake City Council at its September 18 meeting. The City Council approved the preliminary plat and PUD 82-12 subject to the dedication of Outlot A (as depicted on the preliminary plat) to the City as a "park dedication." A "park dedication" is required pursuant to the City's Subdivision Ordinance. The purpose of this letter is to request that the City Council reconsider its decision to require a land dedication and instead accept cash, in the amount of$16,510, to satisfy the City's park dedication requirement. In addition to the $16,510 cash park dedication fee, ECV intends to gift Outlot A to the City. ECV understands Outlot A will be used as a nature center and outdoor classroom in perpetuity. The gift of Outlot A is intended to be a charitable donation. Since Outlot A contains a pond that is needed for stormwater management purposes, the donation of Outlot A would be made subject to a public easement over the ponding areas for stormwater purposes. ECV intends the actual conveyance of Outlot A to the City to occur immediately following approval and filing of the final plat. As a matter of administrative convenience, I would expect to have the deed to Outlot A signed at the same time as the plat and Development Contract with the City and would anticipate filing the deed along with the plat and Development Contract. Frank F. Boyles Page 2 September 29,2000 ECV perceives the donation of Outlot A to the City as a separate and unrelated transaction from the overall subdivision of the 12.7 acres, and therefore waives any claim that the combination of the cash park dedication fee and the subsequent donation of the outlot to the City could somehow be construed as an excessive exaction or taking by the City. We respectfully request that this item be placed on the October 2, 2000 City Council agenda. Sincerely yours, ~& \ Bryce D. Huemoeller BDH:jd cc: Eagle Creek Villas LLC --~-..-"------_.._~-".._._.,.,~.,._,,_..._-_._----,,---~--,,.-,,",,~,._,-,.,-,^....' ~ ~".~_.,_..----.,._"--~-""._' - ...----."-..-...---.'......--...".-....-------r-----,r------ PLANNED UNIT DEVELOPM~"~INARY PLAN RESOLUTI 00-88 RESOLUTION APPROVING A PLANNED UNIT DEVELOPMENT PRELIMINARY PLAN TO BE KNOWN AS CREEKSIDE ESTATES ADDITION MOTION BY: MADER SECOND BY: GUNDLACH WHEREAS: Eagle Creek Villas, llC and Freedom Development have submitted an application for a Planned Unit Development Preliminary Plan to be known as Creekside Estates; and WHEREAS: The Prior lake Planning Commission considered the proposed Planned Unit Development Preliminary Plan at a public hearing on July 10, 2000 and on August 14, 2000; and . WHEREAS: notice of the public hearing on said PUD Preliminary Plan 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 Creekside Estates PUD Preliminary Plan; and WHEREAS: The Prior lake City Council considered the proposed PUD Preliminary Plan for on September 18, 2000; and WHEREAS: the City Council finds the PUD Preliminary Plan consistent with the Comprehensive Plan and the Zoning Ordinance; and WHEREAS: the City Council finds the PUD Preliminary Plan is compatible with the stated purposes and intent of the Section 1106 Planned Unit Developments of the Zoning Ordinance. NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF PRIOR LAKE, MINNESOTA: 1. It hereby adopts the following findings: a) Greater utilization of new technologies in building design, materials, construction and land development. The proposed development utilizes underground parking areas to allow more efficient use of the land. The clustering of the structures also allows preservation of the wetlands and wooded areas on the site. b) Higher standards of site and building design. The clustering of the buildings allows for the preservation of the natural amenities on this site. r:\resoluti\planres\2000\OO-88.doc Page 1 16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER c) More efficient and effective use of streets, utilities, and public facilities to support high quality land use development at a lesser cost. This development includes one cul-de-sac providing access to all of the units. The property owner will maintain the parking areas and internal road systems. d) Enhanced incorporation of recreational, public and open space components in the development which may be made more useable and be more suitably located than would otherwise be provided under conventional development procedures. The preservation and dedication of the western portion of the site as parkland and the use as of this site a nature area provide an amenity that can be utilized by the public. The trail connection from Five Hawks Avenue on the south to Five Hawks Avenue on the north will provide a link to the public park system. e) Provides a flexible approach to development which allows modifications to the strict application of regulations within the various Use Districts that are in harmony with the purpose and intent of the City's Comprehensive Plan and Zoning Ordinance. The use of the PUD allows the higher density to be clustered on the portion of the site previously graded. The density and type of housing units is consistent with the Comprehensive Plan goals to provide a variety of housing styles. f) Encourages a more creative and efficient use of land. As noted above, the PUD allows the higher density areas to be clustered, and preserves open space. g) Preserves and enhances desirable site characteristics including flora and fauna, scenic views, screening and buffering, and access. Clustering the units does allow the preservation of some of the wooded areas on the site. The plan must address the landscaping and bufferyard requirements of the ordinance. h) Allows the development to operate in concert with a Redevelopment Plan in certain areas of the City and to insure the redevelopment goals and objectives within the Redevelopment District will be achieved. This criterion is not applicable. i) Provides for flexibility in design and construction of the development in cases where large tracts of land are under single ownership or control and where the user s) has the potential to significantly affect adjacent or nearby properties. The use of the PUD allows the clustering of the buildings and the preservation of the natural amenities on the site. j) ~ncourages the developer to convey property to the public, over and above required dedications, by allowing a portion of the density to be transferred to other parts of the site. While the plan proposes the conveyance of Outlot A to the School District for use as a nature area, the staff recommends this area be dedicated as park. No additional density has been requested. k) The design shall consider the whole of the project and shall create a unified environment within the boundaries of the project by insuring architectural compatibility of all structures, efficient vehicular and pedestrian circulation, aesthetically pleasing landscape and site features, and efficient use and design of utilities. The designs of the buildings are similar in nature. The use of Class I materials will increase the value of this design. Revision of the landscaping plan to meet the requirements of the Zoning Ordinance will also enhance this area. I) The design of a PUD shall optimize compatibility between the project and surrounding land uses, both existing and proposed and shall minimize the potential adverse impacts of r:\reso tuti\ptanres\2000\OO-88 .doc . Page 2 ".__...'"....,~----"....-.,"'-'--~,._~~~"~^...".,. ~....~.,.._-,--"~_._._--------_..........._",.,._-..,....,_., _""",_""""""~<_'''M,__..,..m,,___~,_,~.__,,,.,.....,_.""~,_fi_'.,__,,,____~_,,,,,,,,c_,.~._ ,..---_._--'_.-._.---...----..,~---,~ the PUD on surrounding land uses and the potential adverse effects of the surrounding land uses on the PUD. The use of the PUD will preserve the area directly adjacent to the single family homes, and will allow the creation of a trail between the existing streets. m) If a project for which PUD treatment has been requested involves construction over a period of time in two or more phases, the applicant shaN demonstrate that each phase is capable of addressing and meeting each of the criteria independent of the other phases. This project is proposed to be completed in one phase. n) Approval of a PUD may permit the placement of more than one building on a lot. This is not applicable. Each of the buildings is on a separate lot. 0) A PUD in a Residential Use District shaN conform to the requirements of that Use District unless modified by the foNowing or other provisions of this Ordinance. 1) The tract of land for which a project is proposed shaN have not less than 200 feet of frontage on a public right-of-way; 2) No building shaN be nearer than its building height to any property line when the property abutting the subject property is in an "R-1" or "R-2" Use District; 3) No building within the project shall be nearer to another building than :1 the sum of the building heights of the two buildings, except for parking ramps which may be directly connected to another building; and 4) Private roadways within the project site may not be used in calculating required off-street parking spaces. The proposal meets the above requirements with the exception of the modification requested by the developer to decrease building setbacks and to decrease the open space on the lot containing the 54-unit building created as part of the PUD and preliminary plat from 400 square feet per unit to 330 square feet per unit. These modifications are permitted under the PUD provisions at the discretion of the Council. 2. The Planned Unit Development Preliminary Plan is hereby approved subject to the following co Outlot A must be dedicated as parkland on the b) Tho plan must be revised to provide the required usable open space. (deleted) c) The lighting plans for the parking lots must include a design of the light fixture and a luminaire calculation to ensure the ordinance requirements are met. d) The landscaping plan must be prepared and signed by a registered landscape architect and must be revised to meet all ordinance requirements, including numbers, size and species of the plantings. This plan must also identify whether or not an irrigation system will be provided, and an irrigation plan must be provided. e) The developer must provide covenants for the congregate housing building. These covenants must be in a form acceptable to the City Attorney and must be recorded with the final plat. f) The following issues identified by the Engineering staff must be addressed prior to final plan approval: . In accordance with the City's subdivision ordinance 1006.208: "Roadways and street intersections shall have right-of-way radii of not less than twenty-five feet (25')." . The plat shows easement in easements and easements in proposed right-of-way. Easements are not needed in the right-of-way. There are several areas where the line types change and it is impossible to differentiate what the lines mean (easement, wetland edge. etc.). r:\resoluti\planres\2000\OO-88.doc Page 3 · Submit detailed plans and specifications that show type and height of retaining wall. All walls over 4 feet in height are to be designed by a registered engineer. · The bridge along the trail will be by Continental (30' span). g) The following issues identified by the Building Inspections Department must be addressed prior to final approval. · If provided, indicate means of lawn irrigation. May use separate service and metering for billing purposes. · Provide a description of rental agreement and type of facility and services offered in the apartments. · Relocate the three of the five fire hydrants. Place 3 westerly hydrants in green areas across from building entrances. L 1; W130', S30'; L2; NE 20', L3 E50'. Front of hydrant shall be placed 5'-0" from curb and side of hydrants shall be placed 10'- 0" from curb adjacent to parking stall. · Provide fire lanes for fire apparatus response. Signage to read:" No Parking Fire Lane by order of Fire Department". Indicate on a Site plan. Locate by Fire Hydrants and. in front of building entrances in parking lot. UFC 1001.7.1. · Provide 96" clearance height in underground parking for Fire Departments fast response apparatus. Provide explanation as to reason all three buildings have different lower level floor to first floor elevations. · Provide a Post Indicator Valve (PIV) on sprinkler supply line into buildings. Locate a minimum distance away the height of the building. · Provide two parking spaces at each building for commuter van. MSBC 1300.4100. · All Units not HDCP accessible must be HDCP adaptable and on a HDCP accessible route. MSBC 1341 Table 16.2 · Provide accessible route from exterior HDCP parking to the building on west 24 units. Locate by front entrance to building. MSBC 1340..1103 Provide detail sheet of HDCP ramp. · 54 Unit: confirm if all units are HDCP Accessible. Two 24 Units: Two percent of Units must be HDCP Accessible. MSBC 1341 Table 16.2 h) An all-way stop sign shall be placed at the intersection of Five Hawks Avenue, Priorwood Street and Tranquility Court. 3. Application for approval of a PUD Final Plan must be submitted within 90 days of the date of approval of this resolution, or by December 18, 2000, unless written request for an extension of time is approved by the City Council. 4. The recitals set forth above are incorporated herein. Passed and adopted this 18th day of September, 2000. YES NO Mader X Mader Ericson X Ericson Gundlach X Gundlach Petersen X Petersen Vacant Vacant r: \resoluti\planres\2000\OO-88.doc Page 4 '~"~-__'~~~~~--""-"'<"'"'H''' .-.,....",... ._,......'.."-_.._~,~______~_____"_..~,_,.,~,~" ^.."~,.~~_.~.<-_,.'..___.._,,_._....,..____''^..'w~_'''_u'_._..~~__h.__._._,..___ ... "'....._"~_~___.~~__~~..~.~. ...-- .~____..~___._.~.._,._.~,._" PRELIMINARY PLAT RESOLUTION 00-89 RESOLUTION OF THE PRIOR LAKE CITY COUNCIL APPROVING THE PRELIMINARY PLAT OF "CREEKSIDE ESTATES" SUBJECT TO THE CONDITIONS OUTLINED HEREIN. MOTION BY: MADER SECOND BY: PETERSEN WHEREAS: the Prior Lake Planning Commission conducted a public hearing on July 10, 2000 and on August 14, 2000 to consider an application from Eagle Creek Villas, LLC and Freedom Development for the preliminary plat of Creekside Estates; 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 Creekside Estates for the record at the Planning Commission hearing; 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 Creekside Estates on September 18, 2000; and WHEREAS: the City Council finds the preliminary plat of Creekside Estates 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. B. The preliminary plat of Creekside Estates is approved subject to the following conditions: ~ ~~:~,: :"S~l b:e d:::e~o :::a~: ~~;:'~ open space. (deleted) 3) The lighting plans for the parking lots must include a design of the light fixture and a luminaire calculation to ensure the ordinance requirements are met. r:\resoluti\planres\2000\OO-89.doc Page 1 16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER 4) The landscaping plan must be prepared and signed by a registered landscape architect and must be revised to meet all ordinance requirements, including numbers, size and species of the plantings. This plan must also identify whether or not an irrigation system will be provided, and an irrigation plan must be provided. 5) The developer must provide covenants for the congregate housing building. These covenants must be in a form acceptable to the City Attorney and must be recorded with the final plat. 6) The following issues identified by the Engineering staff must be addressed prior to final plan approval: a) In accordance with the City's subdivision ordinance 1006.208: "Roadways and street intersections shall have right-of-way radii of not less than twenty-five feet (25'). " b) The plat shows easement in easements and easements in proposed right-of-way. Easements are not needed in the right-of-way. There are several areas where the line types change and it is impossible to differentiate what the lines mean (easement, wetland edge, etc.). c) Submit detailed plans and specifications that show type and height of retaining wall. All walls over 4 feet in height are to be designed by a registered engineer. d) The bridge along the trail will be by Continental (30' span). 7) The following issues identified by the Building Inspections Department must be addressed prior to final approval. a) If provided, indicate means of lawn irrigation. May use separate service and metering for billing purposes. b) Provide a description of rental agreement and type of facility and services offered in the apartments. c) Relocate the three of the five fire hydrants. Place 3 westerly hydrants in green areas across from building entrances. L 1; W130', S30'; L2; NE 20', L3 E50'. Front of hydrant shall be placed 5'-0" from curb and side of hydrants shall be placed 10'- 0" from curb adjacent to parking stall. d) Provide fire lanes for fire apparatus response. Signage to read:" No Parking Fire Lane by order of Fire Department". Indicate on a Site plan. Locate by Fire Hydrants and. in front of building entrances in parking lot. UFC 1001.7.1. e) Provide 96" clearance height in underground parking for Fire Departments fast response apparatus. Provide explanation as to reason all three buildings have different lower level floor to first floor elevations. f) Provide a Post Indicator Valve (PIV) on sprinkler supply line into buildings. Locate a minimum distance away the height of the building. g) Provide two parking spaces at each building for commuter van. MSBC 1300.4100. h) All Units not HDCP accessible must be HDCP adaptable and on a HDCP accessible route. MSBC 1341 Table 16.2 r:\resoluti\planres\2000\OO-89.doc Page 2 .........,...,...~.,......"...,,-_.~--_.....~..-._---,-----,-,+>-.,......,._."'"...-",_..,.,...".._.~.,..._,..._..~._.....---_.'_..._--_._.--.,_..~--.-..--~-~. .,. ..-,,,..,-_._"._._..,._~. " i) Provide accessible route from exterior HDCP parking to the building on west 24 units. Locate by front entrance to building. MSBC 1340.1103 Provide detail sheet of HDCP ramp. j) 54 Unit: confirm if all units are HDCP Accessible. Two 24 Units: Two percent of Units must be HDCP Accessible. MSBC 1341 Table 16.2 8) An all-way stop sign shall be placed at the intersection of Five Hawks Avenue, Priorwood Street and Tranquility Court. 9) Application for approval of a PUD Final Plan must be submitted within 90 days of the date of approval of the preliminary PUD plan by the City Council. Passed and adopted this 18th day of S~ptember, 2000. YES NO Mader X Mader Gundlach X Gundlach Ericson X Ericson Petersen X Petersen Vacant Vacant {Seal} r:\resoluti\planres\2000\OO-89.doc Page 3 RESOLUTION OO-XX 9~ Il, I o~ ~ A RESOLUTON AMENDING RESOLUTIONS 00-88 AND 00-89 lVNES APPROVING THE PRELIMINARY PUD AND PRELIMINARY PLAT FOR THE DEVELOPMENT KNOWN AS CREEKSIDE ESTATES. Motion By: Second By: WHEREAS, on September 18, 2000, the Prior Lake City Council adopted Resolutions 00-88 and 00- 89 approving a Preliminary PUD Plan and Preliminary Plat, respectively, for a development known as Creekside Estates; and WHEREAS, Minnesota Statutes Section 462.358, Subd. 2b authorizes the City to adopt regulations requiring a reasonable portion of any proposed subdivision be dedicated to the public for public use as parks, recreational facilities, playgrounds, trails, wetlands, or open space. The statute also provides that "the municipality may choose to accept an equivalent amount in cash from the applicanf'; and WHEREAS, the City's Subdivision Ordinance Section 1006.800 requires the developer to dedicate land, or in the sole discretion of the City, cash in lieu of land, for the use by the City as parks, trails or open space; and WHEREAS, the land to be developed as Creekside Estates is owned by Eagle Creek Villas, LLC ("property owner"); and WHEREAS, the developer of Creekside Estates is David Bell d/b/a Freedom Consulting and Development ("developer"); and WHEREAS, City Code requires both the fee owner and the developer to sign the application for the Preliminary PUD Plan and the preliminary plat; and WHEREAS, the City Council is aware that Minnesota Statute Section 462.358, Subd. 2b requires the City to elect a land dedication, a cash dedication or a combination thereof; and WHEREAS, Resolutions 00-88 and 00-89 require a land dedication; and WHEREAS, after Resolutions 00-88 and 00-89 were adopted, the City was contacted in writing by the property owner and developer requesting the City reconsider its decision to require a land dedication and instead to accept a cash dedication; and WHEREAS, the property owner(s) and developer have offered the City an inducement to accept cash in lieu ofland; and WHEREAS, the inducement offered by the property owner(s) and developer is that if the City will accept cash to satisfy the park dedication requirement, the property owner will voluntarily convey to the City the land identified as park dedication in Resolutions 00-88 and 00-89 and the property owner and developer voluntarily and without duress or 16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER pressure in any manner from the City has indicated its concurrence with the foregoing paragraph. Now THEREFORE, be it resolved by the City Council of the City of Prior Lake that: 1. The recitals set forth above are incorporated herein as if fully set forth. 2. The City desires to maintain 8.19 acres located at the intersection of Five Hawks Avenue and Priorwood Street and identified as Outlot A, as shown in the approved preliminary plan of Creekside Estates, for park and recreational use. 3. To assure the land is so preserved, the City required, as a condition of preliminary plat approval, that Outlot A be dedicated to the City to meet the City's park dedication requirement. 4. The property owner and developer have, subsequent to the passage of Resolutions 00-88 and 00- 89, requested the City reconsider its decision and accept cash in lieu of land, but that the property owner(s) with the concurrence of the developer, has offered to gift and convey to the City the land identified in paragraph 2; and 5. The City agrees to accept cash to satisfy the City's park dedication requirement instead of land, subject to the representation by the property owner(s) and developer that the land described in paragraph 2 will be voluntarily conveyed to the City as a gift. 6. The City is aware that the property owner(s) and/or developer may claim a tax deduction for income tax purposes as a result of said gift of land. 7. The City has not offered any tax advice with respect to the property owners and/or developer plan to gift the land identified in paragraph 2 to the City. 8. The City agrees for purposes of final plat approval to accept for park dedication requirements $16,510 in cash instead of the land requirement set out in condition 2a in Resolution 00-88, and condition 81 in Resolution 00-89, prescribed in the Resolution approving the preliminary plat. 9. The applicant's offer to gift the land to the City and pay $16,510 as park dedication fee is completely voluntary, and to attest thereto, the property owners' and developer's signatures shall be affixed to this Resolution in the space provided below prior to the City Council consideration of this matter. 10. The gift to the City of the property identified as Outlot A on the approved preliminary plat is a separate and unrelated transaction from the overall subdivision and therefore, the property owner(s) and developer waive any claims that the combination of the cash park dedication fee and the subsequent gift of the Outlot A to the City could be construed as an excessive or unlawful exaction or taking by the City. 11. The property owner(s) and developer recognize this is a legal document and may want to consider seeking legal counsel before affixing their signatures hereto. 12. This document does not become effective until executed by the property owner(s) and developer. R:\RESOLUTI\ADMI NRES\creeksidereso.DOC PASSED AND ADOPTED BY THE CITY COUNCIL THIS 2ND DAY OF OCTOBER, 2000. Mader Mader Ericson Ericson Gundlach Gundlach Petersen Petersen Zieska Zieska YES NO City Manager, City of Prior Lake ACCEPTED BY: Property Owner: EAGLE CREEK VI Dated: /~ - ~ -<:=?O Developer: 6 DOM CONSULTING AND DEVELOPMENT Dated: \0 .~- 00 R:\RESOLUTI\ADMINRES\creeksidereso.DOC .-.. _~_"_"_~__"_"'___'__"'W__'_N_"~>_~______~_~_ ... Warranty Deed by Corporation, Partnership or Limited Liability Company STATE DEED TAX DUE HEREON: $1.65 Date: October 2, 2000 FOR VALUABLE CONSIDERATION, EAGLE CREEK VILLAS LLC, a limited liability company under the laws of Minnesota, Grantor, hereby conveys and warrants to the CITY OF PRIOR LAKE, a municipal corporation of the State of Minnesota, Grantee, for park purposes, real property in Scott County, Minnesota, described as follows: Outlot A, Creekside Estates, Scott County, Minnesota. together with all hereditaments and appurtenances belonging thereto, and subject to restrictions, reservations and easements of record, if any. IllI The SelIer certifies that the SelIer does not know of any welIs on the described real property. o A welI disclosure certificate accompanies this document. o The SelIer certifies that the status and number of we lIs on the described real property have not changed since the last previously filed welI disclosure certificate. Total consideration for this transfer is less than $500 Check here if all or part of the property is registered (Torrens) 0 STATE OF MINNESOTA COUNTY OF SCOTT The foregoing instrument was acknowledged before me this lJ day of October, 2000, by John E. Mesenbrink as Chief Manager of Eagle Creek Villas LLC, a limited liability company under the laws of Minnesota, on behalf of the limited liability c any. NO KELLY MEYER NOTARY PUBUC-MINNESOTA My Commission Expires Jan. 31,2005 THIS INSTRUMENT WAS DRAFTED BY: Tax statements for the real property described in this instrument should be sent to: HUEMOELLER & BATES 16670 Franklin Trail Prior Lake, MN 55372 City of Prior Lake 16200 Eagle Creek Avenue SE Prior Lake, MN 55372 CITY COUNCIL AGENDA REPORT MEETING DATE: October 2,2000 AGENDA #: 9 F PREPARED BY: Frank Boyles, City Manager AGENDA ITEM: CONSIDER APPROVAL OF A RESOLUTION AMENDING RESOLUTIONS 00- 88 AND 00-89 WHICH APPROVED AN AMENDMENT TO PUD 82-12 (PRIORWOOD PUD) AND APPROVED A PRELIMINARY PLAT KNOWN AS CREEKSIDE ESTATES WITH RESPECT TO PARK DEDICATION REQUIREMENTS. DISCUSSION: History: The City Council adopted each of the above cited resolutions (attached) at its September 18th meeting. Each Resolution addressed park dedication requirements by requiring that the 8.19 acres identified as Outlot A be dedicated to the City. Resolution 00-88 addresses park dedication on page 3, item 2a; Resolution 00-89 addresses park dedication on page 1, item B 1. Current Circumstances: Following the September 18th meeting, I and some members of the Council were contacted by David Bell, the developer. Later, in the week I was contacted Bryce Huemoeller, the attorney for the property owners, and the property owners, John Messenbrink and Larry Gensmer. They collectively and individually proposed that the City's park dedication requirement be fulfilled by paying $16,510. They further proposed to donate Outlot A to the City. A letter is attached from the landowner's attorney formalizing their proposal and requesting that this item be scheduled for October 2,2000. Conclusion: The City Attorney has prepared a document which is attached to this agenda report to accomplish what the developer, landowners and their attorney have requested. ISSUES: The City Attorney has prepared the attached document which has been distributed to each of the parties who have interest in this matter and, it is my understanding, that each of the parties concur with its provisions. ALTERNATIVES: (1) Adopt a Resolution revising Resolutions 00-88 and 00-89 with respect to park dedication. (2) Take no action. RECOMMENDED MOTION: Alternative (1). Motion and second to adopt the attached resolution so the land dedication can be accomplished as requested by the developer, landowner and the landowner's attorney. 16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 I:\CQUNCIL\AGNRPTS\CREEKSIDE AMD.D~QUAL OPPORTUNITY EMPLOYER II RESOLUTION OO-XX 4r I o~ ~ A RESOLUTON AMENDING RESOLUTIONS 00-88 AND 00-89 NNES APPROVING THE PRELIMINARY PUD AND PRELIMINARY PLAT FOR THE DEVELOPMENT KNOWN AS CREEKSIDE ESTATES. Motion By: Second By: WHEREAS, on September 18, 2000, the Prior Lake City Council adopted Resolutions 00-88 and 00- 89 approving a Preliminary PUD Plan and Preliminary Plat, respectively, for a development known as Creekside Estates; and WHEREAS, Minnesota Statutes Section 462.358, Subd. 2b authorizes the City to adopt regulations requiring a reasonable portion of any proposed subdivision be dedicated to the public for public use as parks, recreational facilities, playgrounds, trails, wetlands, or open space. The statute also provides that "the municipality may choose to accept an equivalent amount in cash from the applicanf'; and WHEREAS, the City's Subdivision Ordinance Section 1006.800 requires the developer to dedicate land, or in the sole discretion of the City, cash in lieu of land, for the use by the City as parks, trails or open space; and WHEREAS, the land to be developed as Creekside Estates is owned by Eagle Creek Villas, LLC ("property owner"); and WHEREAS, the developer of Creekside Estates is David Bell d/b/a Freedom Consulting and Development ("developer'); and WHEREAS, City Code requires both the fee owner and the developer to sign the application for the Preliminary PUD Plan and the preliminary plat; and WHEREAS, the City Council is aware that Minnesota Statute Section 462.358, Subd. 2b requires the City to elect a land dedication, a cash dedication or a combination thereof; and WHEREAS, Resolutions 00-88 and 00-89 require a land dedication; and WHEREAS, after Resolutions 00-88 and 00-89 were adopted, the City was contacted in writing by the property owner and developer requesting the City reconsider its decision to require a land dedication and instead to accept a cash dedication; and WHEREAS, the property owner(s) and developer have offered the City an inducement to accept cash in lieu of land; and WHEREAS, the inducement offered by the property owner(s) and developer is that if the City will accept cash to satisfy the park dedication requirement, the property owner will voluntarily convey to the City the land identified as park dedication in Resolutions 00-88 and 00-89 and the property owner and developer voluntarily and without duress or 16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER Ii II pressure in any manner from the City has indicated its concurrence with the foregoing paragraph. Now THEREFORE, be it resolved by the City Council of the City of Prior Lake that: 1. The recitals set forth above are incorporated herein as if fully set forth. 2. The City desires to maintain 8.19 acres located at the intersection of Five Hawks Avenue and Priorwood Street and identified as Outlot A, as shown in the approved preliminary plan of Creekside Estates, for park and recreational use. 3. To assure the land is so preserved, the City required, as a condition of preliminary plat approval, that Outlot A be dedicated to the City to meet the City's park dedication requirement. 4. The property owner and developer have, subsequent to the passage of Resolutions 00-88 and 00- 89, requested the City reconsider its decision and accept cash in lieu of land, but that the property owner(s) with the concurrence of the developer, has offered to gift and convey to the City the land identified in paragraph 2; and 5. The City agrees to accept cash to satisfy the City's park dedication requirement instead of land, subject to the representation by the property owner(s) and developer that the land described in paragraph 2 will be voluntarily conveyed to the City as a gift. 6. The City is aware that the property owner(s) and/or developer may claim a tax deduction for income tax purposes as a result of said gift of land. 7. The City has not offered any tax advice with respect to the property owners and/or developer plan to gift the land identified in paragraph 2 to the City. 8. The City agrees for purposes of final plat approval to accept for park dedication requirements $16,510 in cash instead of the land requirement set out in condition 2a in Resolution 00-88, and condition 81 in Resolution 00-89, prescribed in the Resolution approving the preliminary plat. 9. The applicant's offer to gift the land to the City and pay $16,510 as park dedication fee is completely voluntary, and to attest thereto, the property owners' and developer's signatures shall be affixed to this Resolution in the space provided below prior to the City Council consideration of this matter. 10. The gift to the City of the property identified as Outlot A on the approved preliminary plat is a separate and unrelated transaction from the overall subdivision and therefore, the property owner(s) and developer waive any claims that the combination of the cash park dedication fee and the subsequent gift of the Outlot A to the City could be construed as an excessive or unlawful exaction or taking by the City. 11. Prior to release of the final plat by the City, the property owner(s), with the concurrence of the developer, if necessary, shall provide a warranty deed conveying said Outlot A to the City. 12. The property owner(s) and developer recognize this is a legal document and may want to consider seeking legal counsel before affixing their signatures hereto. R:\RESOLUTI\ADMINRES\creeksidereso.DOC .. '...'-... ....--r-..--..--,r----.-...-.----.--.-..... . 13. This document does not become effective until executed by the property owner(s) and developer. PASSED AND ADOPTED BY THE CITY COUNCIL THIS 2ND DAY OF OCTOBER, 2000. YES NO Mader Mader Ericson Ericson Gundlach Gundlach Petersen Petersen Zieska Zieska City Manager, City of Prior Lake ACCEPTED BY: Property Owner: EAGLE CREEK VILLAS, LLC By: Its: Dated: By: Its: Developer: FREEDOM CONSULTING AND DEVELOPMENT By: David Bell, Dated: R:\RESOLUTI\ADMI NRES\creeksidereso.DOC ,.,- _... '.----..'.-..--.-'..'....-'-.---.------r---.---,r--- HUEMOELLER & BATES A TTORNEYS AT LAW 16670 FRANKLIN TRAIL P.O. BOX 67 PRIOR LAKE, MINNESOTA 55372 JAMES D. BATES BRYCE D. HUEMOELLER Telephone (952) 447-2131 Fax (952) 447-5628 September 29,2000 Frank F. Boyles Prior Lake City Manager 16200 Eagle Creek Avenue Prior Lake, MN 55372 HAND DELIVERED RE: Applications of Eagle Creek Villas LLC and Freedom Development and Consulting LLC for Zoning Change, Amendment to PUD 82-12 and Preliminary Plat Approval Dear Mr. Boyles: This letter is written on behalf of Eagle Creek Villas LLC (ECV) with respect to the preliminary plat approval for the property in PUD 82-12 that was given by the Prior Lake City Council at its September 18 meeting. The City Council approved the preliminary plat and PUD 82-12 subject to the dedication of Outlot A (as depicted on the preliminary plat) to the City as a "park dedication." A "park dedication" is required pursuant to the City's Subdivision Ordinance. The purpose of this letter is to request that the City Council reconsider its decision to require a land dedication and instead accept cash, in the amount of $16,51 0, to satisfy the City's park dedication requirement. In addition to the $16,510 cash park dedication fee, ECV intends to gift Outlot A to the City. ECV understands Outlot A will be used as a nature center and outdoor classroom in perpetuity. The gift of Outlot A is intended to be a charitable donation. Since Outlot A contains a pond that is needed for stormwater management purposes, the donation of Outlot A would be made subject to a public easement over the ponding areas for stormwater purposes. ECV intends the actual conveyance of Outlot A to the City to occur immediately following approval and filing of the final plat. As a matter of administrative convenience, I would expect to have the deed to Outlot A signed at the same time as the plat and Development Contract with the City and would anticipate filing the deed along with the plat and Development Contract. t, " Frank F. Boyles Page 2 September 29,2000 ECV perceives the donation of Outlot A to the City as a separate and unrelated transaction from the overall subdivision of the 12.7 acres, and therefore waives any claim that the combination of the cash park dedication fee and the subsequent donation of the outlot to the City could somehow be construed as an excessive exaction or taking by the City. We respectfully request that this item be placed on the October 2, 2000 City Council agenda. Sincerely yours, Bryce D. Huemoeller BDH:jd cc: Eagle Creek Villas LLC ..-----"T II PLANNED UNIT DEVELOPM~r>~INARY PLAN RESOLUTI 00-88 RESOLUTION APPROVING A PLANNED UNIT DEVELOPMENT PRELIMINARY PLAN TO BE KNOWN AS CREEKSIDE ESTATES ADDITION MOTION BY: MADER SECOND BY: GUNDLACH WHEREAS: Eagle Creek Villas, LLC and Freedom Development have submitted an application for a Planned Unit Development Preliminary Plan to be known as Creekside Estates; and WHEREAS: The Prior Lake Planning Commission considered the proposed Planned Unit Development Preliminary Plan at a public hearing on July 10, 2000 and on August 14, 2000; and WHEREAS: notice of the public hearing on said PUD Preliminary Plan 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 Creekside Estates PUD Preliminary Plan; and WHEREAS: The Prior Lake City Council considered the proposed PUD Preliminary Plan for on September 18, 2000; and WHEREAS: the City Council finds the PUD Preliminary Plan consistent with the Comprehensive Plan and the Zoning Ordinance; and WHEREAS: the City Council finds the PUD Preliminary Plan is compatible with the stated purposes and intent of the Section 1106 Planned Unit Developments of the Zoning Ordinance. NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF PRIOR LAKE, MINNESOTA: 1. It hereby adopts the following findings: a) Greater utilization of new technologies in building design, materials, construction and land development. The proposed development utilizes underground parking areas to allow more efficient use of the land. The clustering of the structures also allows preservation of the wetlands and wooded areas on the site. b) Higher standards of site and building design. The clustering of the buildings allows for the preservation of the natural amenities on this site. r:\resoluti\planres\2000\OO-88.doc Page 1 16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER c) More efficient and effective use of streets, utilities, and public facilities to support high quality land use development at a lesser cost. This development includes one cul-de-sac providing access to all of the units. The property owner will maintain the parking areas and internal road systems. d) Enhanced incorporation of recreational, public and open space components in the development which may be made more useable and be more suitably located than would otherwise be provided under conventional development procedures. The preservation and dedication of the western portion of the site as parkland and the use as of this site a nature area provide an amenity that can be utilized by the public. The trail connection from Five Hawks Avenue on the south to Five Hawks Avenue on the north will provide a link to the public park system. e) Provides a flexible approach to development which allows modifications to the strict application of regulations within the various Use Districts that are in harmony with the purpose and intent of the City's Comprehensive Plan and Zoning Ordinance. The use of the PUD allows the higher density to be clustered on the portion of the site previously graded. The density and type of housing units is consistent with the Comprehensive Plan goals to provide a variety of housing styles. f) Encourages a more creative and efficient use of land. As noted above, the PUD allows the higher density areas to be clustered, and preserves open space. g) Preserves and enhances desirable site characteristics including flora and fauna, scenic views, screening and buffering, and access. Clustering the units does allow the preservation of some of the wooded areas on the site. The plan must address the landscaping and bufferyard requirements of the ordinance. h) Allows the development to operate in concert with a Redevelopment Plan in certain areas of the City and to insure the redevelopment goals and objectives within the Redevelopment District will be achieved. This criterion is not applicable. i) Provides for flexibility in design and construction of the development in cases where large tracts of land are under single ownership or control and where the users) has the potential to significantly affect adjacent or nearby properties. The use of the PUD allows the clustering of the buildings and the preservation of the natural amenities on the site. j) Encourages the developer to convey property to the public, over and above required dedications, by allowing a portion of the density to be transferred to other parts of the site. While the plan proposes the conveyance of Outlot A to the School District for use as a nature area, the staff recommends this area be dedicated as park. No additional density has been requested. k) The design shall consider the whole of the project and shall create a unified environment within the boundaries of the project by insuring architectural compatibility of all structures, efficient vehicular and pedestrian circulation, aesthetically pleasing landscape and site features, and efficient use and design of utilities. The designs of the buildings are similar in nature. The use of Class I materials will increase the value of this design. Revision of the landscaping plan to meet the requirements of the Zoning Ordinance will also enhance this area. I) The design of a PUD shall optimize compatibility between the project and surrounding land uses, both existing and proposed and shall minimize the potential adverse impacts of r: \reso luti\planres\2000\OO-88 .doc . Page 2 < .. <--_....<..._<-,..._..~.-r--_....._-------_.._....._. the PUD on surrounding land uses and the potential adverse effects of the surrounding land uses on the PUD. The use of the PUD will preserve the area directly adjacent to the single family homes, and will allow the creation of a trail between the existing streets. m) If a project for which PUD treatment has been requested involves construction over a period of time in two or more phases, the applicant shall demonstrate that each phase is capable of addressing and meeting each of the criteria independent of the other phases. This project is proposed to be completed in one phase. n) Approval of a PUD may permit the placement of more than one building on a lot. This is not applicable. Each of the buildings is on a separate lot. 0) A PUD in a Residential Use District shall conform to the requirements of that Use District unless modified by the following or other provisions of this Ordinance. 1) The tract of land for which a project is proposed shall have not less than 200 feet of frontage on a public right-ot-way; 2) No building shall be nearer than its building height to any property line when the property abutting the subject property is in an "R-1" or "R-2" Use District; 3) No building within the project shall be nearer to another building than ~ the sum of the building heights of the two buildings, except for parking ramps which may be directly connected to another building; and 4) Private roadways within the project site may not be used in calculating required off-street parking spaces. The proposal meets the above requirements with the exception of the modification requested by the developer to decrease building setbacks and to decrease the open space on the lot containing the 54-unit building created as part of the PUD and preliminary plat from 400 square feet per unit to 330 square feet per unit. These modifications are permitted under the PUD provisions at the discretion of the Council. 2. The Planned Unit Development Preliminary Plan is hereby approved subject to the following co Outlot A must be dedicated as parkland on the b) The plan must be revised to provide the required usable open space. (deleted) c) The lighting plans tor the parking lots must include a design ot the light fixture and a luminaire calculation to ensure the ordinance requirements are met. d) The landscaping plan must be prepared and signed by a registered landscape architect and must be revised to meet all ordinance requirements, including numbers, size and species ot the plantings. This plan must also identify whether or not an irrigation system will be provided, and an irrigation plan must be provided. e) The developer must provide covenants for the congregate housing building. These covenants must be in a form acceptable to the City Attorney and must be recorded with the final plat. f) The following issues identified by the Engineering staff must be addressed prior to final plan approval: · In accordance with the City's subdivision ordinance 1006.208: "Roadways and street intersections shall have right-ot-way radii of not less than twenty-five teet (25')." · The plat shows easement in easements and easements in proposed right-ot-way. Easements are not needed in the right-ot-way. There are several areas where the line types change and it is impossible to differentiate what the lines mean (easement, wetland edge, etc.). r:\resoluti\planres\2000\OO-88.doc Page 3 ....~-_._._--,.-.._._.,.---_.._--_...._----_. ..- ..- · Submit detailed plans and specifications that show type and height of retaining wall. All walls over 4 feet in height are to be designed by a registered engineer. · The bridge along the trail will be by Continental (30' span). g) The following issues identified by the Building Inspections Department must be addressed prior to final approval. · If provided, indicate means of lawn irrigation. May use separate service and metering for billing purposes. · Provide a description of rental agreement and type of facility and services offered in the apartments. · Relocate the three of the five fire hydrants. Place 3 westerly hydrants in green areas across from building entrances. L 1; W130', S30'; L2; NE 20', L3 E50'. Front of hydrant shall be placed 5'-0" from curb and side of hydrants shall be placed 10'- 0" from curb adjacent to parking stall. · Provide fire lanes for fire apparatus response. Signage to read:" No Parking Fire Lane by order of Fire Department". Indicate on a Site plan. Locate by Fire Hydrants and. in front of building entrances in parking lot. UFC 1001.7.1. · Provide 96" clearance height in underground parking for Fire Departments fast response apparatus. Provide explanation as to reason all three buildings have different lower level floor to first floor elevations. · Provide a Post Indicator Valve (PIV) on sprinkler supply line into buildings. Locate a minimum distance away the height of the building. · Provide two parking spaces at each building for commuter van. MSBC 1300.4100. · All Units not HDCP accessible must be HDCP adaptable and on a HDCP accessible route. MSBC 1341 Table 16.2 · Provide accessible route from exterior HDCP parking to the building on west 24 units. Locate by front entrance to building. MSBC 1340.1103 Provide detail sheet of HDCP ramp. · 54 Unit: confirm if all units are HDCP Accessible. Two 24 Units: Two percent of Units must be HDCP Accessible. MSBC 1341 Table 16.2 h) An all-way stop sign shall be placed at the intersection of Five Hawks Avenue, Priorwood Street and Tranquility Court. 3. Application for approval of a PUD Final Plan must be submitted within 90 days of the date of approval of this resolution, or by December 18, 2000, unless written request for an extension of time is approved by the City Council. 4. The recitals set forth above are incorporated herein. Passed and adopted this 18th day of September, 2000. YES NO Mader X Mader Ericson X Ericson Gundlach X Gundlach Petersen X Petersen Vacant Vacant r: \reso I uti\p lanres\2000\OO-88.doc Page 4 -..>. .....,.....- .....-- < -------------".~ PRELIMINARY PLAT RESOLUTION 00-89 RESOLUTION OF THE PRIOR LAKE CITY COUNCIL APPROVING THE PRELIMINARY PLAT OF "CREEKSIDE ESTATES" SUBJECT TO THE CONDITIONS OUTLINED HEREIN. MOTION BY: MADER SECOND BY: PETERSEN WHEREAS: the Prior Lake Planning Commission conducted a public hearing on July 10, 2000 and on August 14, 2000 to consider an application from Eagle Creek Villas, LLC and Freedom Development for the preliminary plat of Creekside Estates; 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 Creekside Estates for the record at the Planning Commission hearing; 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 Creekside Estates on September 18, 2000; and WHEREAS: the City Council finds the preliminary plat of Creekside Estates 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. B. The preliminary plat of Creekside Estates is approved subject to the following conditions: ~ ~~~I:~~ :"u: ~e d:::: :::~: :q:~~I:~e open spaoo (deleted) 3) The lighting plans for the parking lots must include a design of the light fixture and a luminaire calculation to ensure the ordinance requirements are met. r:\resoluti\planres\2000\OO-89.doc Page 1 16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER . --r . .'--,r-- 4) The landscaping plan must be prepared and signed by a registered landscape architect and must be revised to meet all ordinance requirements, including numbers, size and species of the plantings. This plan must also identify whether or not an irrigation system will be provided, and an irrigation plan must be provided. 5) The developer must provide covenants for the congregate housing building. These covenants must be in a form acceptable to the City Attorney and must be recorded with the final plat. 6) The following issues identified by the Engineering staff must be addressed prior to final plan approval: a) In accordance with the City's subdivision ordinance 1006.208: "Roadways and street intersections shall have right-of-way radii of not less than twenty-five feet (25')." b) The plat shows easement in easements and easements in proposed right-of-way. Easements are not needed in the right-of-way. There are several areas where the line types change and it is impossible to differentiate what the lines mean (easement, wetland edge, etc.). c) Submit detailed plans and specifications that show type and height of retaining wall. All walls over 4 feet in height are to be designed by a registered engineer. d) The bridge along the trail will be by Continental (30' span). 7) The following issues identified by the Building Inspections Department must be addressed prior to final approval. a) If provided, indicate means of lawn irrigation. May use separate service and metering for billing purposes. b) Provide a description of rental agreement and type of facility and services offered in the apartments. c) Relocate the three of the five fire hydrants. Place 3 westerly hydrants in green areas across from building entrances. L 1; W130', S30'; L2; NE 20', L3 E50'. Front of hydrant shall be placed 5'-0" from curb and side of hydrants shall be placed 10'- 0" from curb adjacent to parking stall. d) Provide fire lanes for fire apparatus response. Signage to read:" No Parking Fire Lane by order of Fire Department". Indicate on a Site plan. Locate by Fire Hydrants and. in front of building entrances in parking lot. UFC 1001.7.1. e) Provide 96" clearance height in underground parking for Fire Departments fast response apparatus. Provide explanation as to reason all three buildings have different lower level floor to first floor elevations. f) Provide a Post Indicator Valve (PIV) on sprinkler supply line into buildings. Locate a minimum distance away the height of the building. g) Provide two parking spaces at each building for commuter van. MSBC 1300.4100. h) All Units not HDCP accessible must be HDCP adaptable and on a HDCP accessible route. MSBC 1341 Table 16.2 r: \resoluti\planres\2000\OO-89 .doc Page 2 .....----...-..T.. ..---,r-'-... i) Provide accessible route from exterior HDCP parking to the building on west 24 units. Locate by front entrance to building. MSBC 1340.1103 Provide detail sheet of HDCP ramp. j) 54 Unit: confirm if all units are HDCP Accessible. Two 24 Units: Two percent of Units must be HDCP Accessible. MSBC 1341 Table 16.2 8) An all-way stop sign shall be placed at the intersection of Five Hawks Avenue, Priorwood Street and Tranquility Court. 9) Application for approval of a PUD Final Plan must be submitted within 90 days of the date of approval of the preliminary PUD plan by the City Council. Passed and adopted this 18th day of S~ptember. 2000. YES NO Mader X Mader Gundlach X Gundlach Ericson X Ericson Petersen X Petersen Vacant Vacant {Seal} r: \resoluti\planres\2000\OO-89 .doc Page 3 ~....- ...-..-r-----,r---- .