HomeMy WebLinkAbout1993 December Planning Commission Agenda Packetsva
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AGENDA
Thursday, December 2, 1993
7:30 p.m. Call meeting to order.
a) Review minutes of previous meeting.
7:35 p.m. 1. Public Hearing to Consider Establishing Minimum Setbacks from
Stormwater Management Program
8:00 p.m. 2. Public Hearing to Consider Rezoning for Leo Vierling Property
from I -1 to A -1
8:30 p.m. 3. Rod Dehmlo Auto Sales Variance
All times stated on the Planning Commission Agenda, with the exception of Public
Hearings, are approximate and may start a few minutes earlier or later than the scheduled
time.
4629 Dakota St. S.E., Prior Lake, Minnesota 55372 / Ph. (612) 4474230 / fax (612) 447 -4245
AN EQUAL OPPORNNrTY EMPLOYER
PLANNING COMIWS�
MINUTES
November 18,1993
The November 18, 1993, Planning Commission Meeting was called to order by Chairman
Arnold at 7:30 P.M. Those present were Commissioners Roseth, Arnold, Greenfield, Loftus,
Vonhof, Director of Planning Horst Graser, Associate Planner Gina Mitchell, and Acting
Recording Secretary Phyllis Knudsen.
a) RFVMM MEWTER OF PIRFMOUS MEETING
A correction on page three, paragraph twelve, line one, to correct the spelling on Yonhuf to
YONHOF
MOTION BY LOPTUS, SECOND BY ROSETH, TO APPROVE THE MINUTES AS
AMENDED.
Vote taken signified ayes by Arnold, Roseth, Loftus, and Vonhof. MOTION CARRIED.
Commissioner Greenfield abstained as he was not present at the previous meeting.
ITEM I - H RDSHIPMARLANCE APPLICATION
Planning Director Horst Gmser gave a presentation on the criteria used for variance applications.
A procedure that was used previously was outlined by Mr. Graser. He also indicated that this did
not work very well as the applicants would not furnish the information that was requested. The
process in place now, is that the applicant meets with Staff and the procedure is explained and
they are advised if they meet the hardship criteria there is a good possibility the application will
be approved. Mr. Graser commended the Commissioners on being consistent in their rulings of
the applications and following precedents that have been set.
Staffs week -end review that consists of project updates, checklists, upcoming projects for the
Planning Conunission, and in -house issues, was sho- n to the Commissioners.
An estimate of 1994 building permits was distributed showing the estimated building for the City
of Prior Lake and the values that are anticipated. Mr. Graser stated that at the rate of the present
development, Prior Lake could be fully developed in less than 25 years.
ITEM H - PUBLIC HEARINGS MEND NT TO WESTBURY PONDS
pRETIM NARY PLAT AND REZONING
The Public Hearing was called to order at 8:35 P.M. by Chairman Arnold.
Horst Graser, Director of Planning, presented the information as per memo of November 18,
1993. In April of 1993, an application was made by Westbury Ponds to approve a development
for 96 single family homes. During the development process is was determined that it would
PLANNING COMMISSION
Nmember 19, 1993
Page 1
benefit all parties concerned if the School District, City of Prior Lakc, =id the applicant, develop
the area in such a way that the School District would have a future school site, the City would
acquire a park and the applicant - would have the original 96 lots. This would be am)mplished
with a land exchange. A Joint Powers Agreement was entered into on April 1, 1993, by the
three parties involved to keep this proposal on record. The site data for the existing and
proposed plats are identical, only the design, legal description, and park dedication have
changed. The current dedication is 2.7 acres of park versus 4.72 acres in the proposed plat. The
area and density remains the same.
Due to circumstances beyond the control of Staff, the plat documents were delivered to City Hall
late Monday afternoon. Therefore this short time period did not allow Staff adequate time to
review the documents. The Commission may want to consider continuing the hearings to a later
date.
Les Sonnabend, School Superintendent, Box 539, Prior Lake, stated the School District is in full
agreement with the proposal however, he wanted to make it clear that the District has not said
this would be the next site for a school to be built. The reason for the agreement is to protect the
area for a future school.
Comments from the Commissioners were; alternatives, depth of plans submitted, gain or loss of
park land, maintaining of school /park site, trail system and sidewt lk connections, buffering, and
the suggestion was made to continue the public heating.
MOTION BY LOFTUS, SECOND BY ROSETH, TO CONTINUE THE WESTBURY PONDS
PRELIMINARY PLAT APPROVAL AND REZONING TO DECEMBER 16, 1993, AT 7:35
P.M.
Vote taken signified ayes by Loftus, Roseth, Greenfield, Vonhof, and Arnold. MOTION
CARRIED.
MOTION BY VONHOF, SECOND BY GREENFIELD, TO ADJOURN THE MEETING.
Vote taken signified ayes by Loftus, Arnold, Vorthof, Roseth, and Greenfield. MOTION
CARRIED.
The meeting adjourned at 9:10 P.M. A tape of the meeting is on file at City Hall.
Horst W. Graser
Director of Planning
Phyllis Knudsen
Acting Recording Secretary
�Im
PLANNING COMMISSION
Nmember 18, 1993
Page 2
TO:
PLANNING COMMISSION
FROM:
HORST W. GRASER, DIRECTOR OF PLANNING
RF:
ORDINANCE NO. 94-01
DATE:
DECEMBER 2, 1993
The Development Review Committee (DRC) has recommended for adoption, Ordinance No.
94-01, which will increase the setbacks between wetlands, detention ponds, and residential
structures. Several months ago the Public Works Department brought this issue to the DRC.
Approximately two years ago, Minnesota passed the Wetlands Conservation Act and the
Metropolitan Council has since required water quality management techniques in developments.
Both laws have had tremendous ramifications in land development which are:
1. All wetlands are for the most part protected and must be given to the City at time
of development. Previously only Type 3, 4, and 5, were DNR protected.
2. Wetlands can. no longer be used as desiltation ponds.
3. Since wetlands must be preserved, pretreatment of storm water is required prior to
discharge into wetlands.
4. All developments must maintain their storm water discharge rates and volumes to
predevelopment figures. This requires the construction of storm water quality
ponds in residential subdivisions. The placement of the water quality ponds is not
at issue but the relationship of the residential structure to the ponds.
Both of these laws have advanced the protection and respect for natural features in the
conversion of rural to urban land. Prior lake's Comprehensive Plan has had these objectives for
12 years, but without the benefit of implementation. The existing plan and plan draft propose to
keep these identity giving natural features in the public domain as a shared resource. The
proposed ordinance would promote the following:
1. Require the minimum lot size of the district to be totally outside the wetland and
detention pond. The current ordinance requires only 50% of the lot to be outside
the boundary of a natural feature. The principle behind the 50% was to give
incentives to developers not to fill wetlands. This is no longer an issue since
wetlands are now protected by state legislation.
2. Establish a 30 foot setback from the 100 year flood plain of the wetland or pond.
City Engineer Anderson feels the 30 foot separation will enhance the safety for
children and also provide needed back -yard open space.
3. Promote the Comprehensive Plan by allowing the opportunity for visual openings
and shared space between homes and wetlands.
4629 Dakota St. S.E., Prior take, Minnesota 55372 / Ph. (612) 4474230 / Fax (612) 447 -4245
AN EQUAL OPPORNNMY EWLDYER
4. Require lower density since wetlands and ponds cannot be used for calculating
minimum lot sizes.
5. Will have s negative impact on Prior Lake's fiscal 1 'anagement tools relative to
funding improvement programs. Some fees may have to raised. The net affect
will be higher housing costs.
A representative of the Public Works Department will be present to answer questions.
"SB020D"
CITY OF PRIOR LAKE
ORDINANCE NO. 94-01
AN ORDINANCE AMENDING PRIOR LAKE CITY CODE SECTION 6-2 -1 AND 6-6-4 AND
PRIOR LAKE SUBDIVISION ORDINANCE 87 -10, SECTION 6.2 -1 AND 6 -6-4 (F).
The Council of the City of Prior Lake does hereby ordain:
The Prior Lake City Code Section 6 -2 -1 and Subdivision Ordinance 87 -10, Section 6.2 -1, is
hereby amended to add the following definition:
DETENTION POND: An Impoundment that has a permanent pool of water and also has
the capaci4i to temporarily store storm water runoff until it is
released from an outlet structure.
The Prior Lake City Code Section 6.64 and Prior take Subdivision Ordinance 87 -10, Section
6- 6.4(F), is hereby amended to read as follows:
6.6 -4(F):
Wetland or Detentiun Pond: Any lot abutting or includir,. a wetland or detention pond within a
Residential Zoning District, shall have one - hundred (100) percent of the minimum lot size
requirement for the zoning district, as identified In the Prior Lake Zoning Ordinance, outside of
the 100 -year flood elevation of the wetland or detention pond.
For all Residential Zoning Districts, the subdivision grading plan shall Indicate a
minimum setback of thirty (30) feet measured from the 100 year flood elevation
of the wetland or detention pond to the building pad or house location.
This ordinance shall become effective from and after its passage and publication.
Passed by the City Council of the City of Prior Lake this _ day of . 1994.
ATTEST:
City Manager:
Mayor:
To be published In the Prior Lake American on the day of ,1994.
Drafted By:
Lommen, Nelson, Cole 8 Stageberg, P.A.
1800 IDS Center
Minneapolis, Minnesota 55402
AGENDAITEM:
SUBJECT:
PRESENTER:
PUBLIC HEARING
DATE:
L
CONDUCT PUBLIC HEARING TO REZONE
APPROXIMATELY 80 ACRES OF I -1, SPECIAL
INDUSTRIAL TO A -1, AGRICULTURAL.
DEB GARROSS, ASSISTANT CITY PLANNER
$YES —NO
DECEMBER 2,1993
The purpose of this public hearing is to consider a City initiated rezoning of approximately 80
acres of property owned by Leo Vierling (see attached legal description and maps for proposed
rezoning site).
On May 3, 1993 the City Council approved an amendment to the Prior Lake Comprehensive
Plan Urban Service Area (USA) that deleted 120 acres of the Leo Vierling farm and 160 acres of
the Robert Jeffers property from the USA. In addition, the Iand Use designation of the 80 acres
of Vierling property was changed from Industrial to Open Space (see attached Year 2000 Urban
Service Area Boundary and Land Use Map). In exchange, approximately 600 acres (The Wilds)
was placed into the USA and designated as Low Density Residential. To complete the process, it
is necessary to rezone the 80 acres of the Vierling property from I -1 to A -1, a land use consistent
with the Rural Service Area policies, Urban Service Area and Land Use Plan of the
Comprehensive Plan.
Approximately 80 acres of the Vierling property is currently zoned I -1, Special Industrial on the
Zoning Map. The current zoning is inconsistent with the Comprehensive Plan amendment and
therefore must be changed. The 80 acres of I -1, Special Industrial Land should be rezoned to
A -1, Agricultural to reflect the Land Use designation of the Comprehensive Plan. Mt: Jeffers
property is currently zoned C -1, Conservation. Both the A -1, Agricultural and C -1, Conservation
zones implement the Rural Service Area policies of the Comprehensive Plan and are intended to
be holding acees, with limited development, until such a time as they are added to the USA and
subsequently rezoned to an appropriate land use designation.
This rezoning is the last element required to implement the Comprehensive Plan amendment
process for The Wilds. it is contemplated that as part of the 2010 Comprehensive Plan, that both
the 120 acre Vierling and 160 acre Jeffers parcels will be added back into the Urban Service
Area. At that tune, the appropriate land use designations, based upon the 2010 Comprehensive
Land Use Plan will be applied to the properties. Subsequent development and rezonings will be
4629 Dakota St. S.E., Prior lake, Minnesota 55372 / Ph. (612) 4474230 / Fax (612) 4474245
AN EQUAL OPPORNNrrY ENIPLOYER
based upon the future land use designation determined by the City, for those parcels.
I. Recommend that the City Council adopt Ordinance 93 -30 attached, rezoning the
approximately 80 acres of 1 -1, Special Industrial land to A -1, Agricultural.
2. Continue or table this item for specific informz' ion.
K"Mi M •'
Alternative #1. Approve the rezoning from II -1, Special Industrial to A -1, Agricultural as
proposed. The amendment will complete the Comprehensive Plan process associated with hie
Wilds development and bring that part of the Zoning Map into compliance with the current
Comprehensive Plan.
The rezoning is being conducted according to provisions of Zoning Ordinance 83 -6, Section 7.9
which states: "The City Council may by a two-thirds vote of all its members amend this
Ordinance as proposed by the City Council, by the Planning Commission or by a petition of a
person owning property within Prior Lake. An amendment initiated by the City Council shall be
referred to the Planning Commission for study and report. It may not be acted upon by the City
Council until it has received the recommendation of the Planting Commission or until sixty (60)
days have elapsed form the date of reference without a report by the Planning Commission"
(Zoning Ordinance, p. 69).
F +,7" d 4
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LEO VIERLING
PARCEL
-� wanrsua•
. 1.1
PROPOSED REZONING 1 -1, SPECIAL INDUSTRIAL TO A -1, AGRICULTURAL
ro 'W
CITY OF PRIOR LAME
ORDINANCE NO. 93-30
AN ORDINANCE AMENDING PRIOR LAKE CITY CODE SECTION 5 -2 -1 AND PRIOR LAKE
ZONING ORDINANCE NO. 93-6 SECTION 2.1.
The Council of the City of Prior Lake does hereby ordain:
The Prior Lake Zoning Map, referred to in Prior Lake City Code Section 5 -2 -1 and Prior Lake Zoning
Ordinance No. 83 -6 Section 2.1, is hereby amended to change the zoning classifications of th.°, following
legally described propenyto A -1, Agricultural.
LEGAL DESCRIPTION:.
That part of the Northwest Quarter of the Northwest Quarter of Section 26, Township 115, Range
22, Scott County, Minnesota, lying northerly of a line connecting a point in the west line of said
Northwest Quarter of the Northwest Quarter distant 260.00 feet north of the southwest comer
thereof with a point in the east line of said Northwest Quarter of the Northwest Quarter distant
552 feet south of the northeast comer thereof.
AND
The Southeast Quarter of the Northwest Quarter of Section 26, Township 115, Range 22, Soon
County, Minnesota, and that part of the Southwest Quarter of the Northwest Quarter of said
Section 26 lying easterly of the following described line;
Beginning at a point in the south line of said Southwest Quarter of the Northwest Quarter distant
400.00 feet -,st of the southwest corner thereof,, thence northerly parallel with the west line of
said Northwest Quarter 280.00 feet thence northeasterly to the northeast corner of said Southwest
Quarter of the Northwest Quarter and there terminating.
This ordinance shall become effective from and after its passage and publication.
Passed by the City Council of the City of Prior Lake this _ day of M.
ATTEST`.
City Manager.
Tb be published in the Prior Lake American on the _ day of 1993.
Drafted By:
Lommen, Nelson, Cole & Stageberg, P.A.
1800 IDS Center
Minneapolis. Minnesota 55402
L
"RZ05PN"
You are hereby notified that the Planning Commission will hold a Public Hearing In the Prior
Lake City Council Chambers at 4629 Dakota Street S.E., on Thursday, December 2, 1993 at
8:00 P.M.
The purpose of the hearing is to consider the rezoning of the following legally described
property from I -1, Special Industrial to A -1, Agricultural:
PARCEL A
That part of the Northwest Quarter of the Northwest Quarter of Section 26. Township
115. Range 22, Scott County, Minnesota, tying northerly of a line connecting a point in
the west line of said Northwest Quarter of the Northwest Quarter distant 260.00 feet
north of the southwest corner thereof with a point in the east line of said Northwest
Quarter of the Northwest Quarter distant 552 feet south of the northeast comer thereof.
PARCEL B
The Southeast Quarter of the Northwest Quarter of Section 26. Township 115, Range
22, Scott County, Minnesota, and that part of the Southwest Quarter of the Northwest
Quarter of said Section 26 lying easterly of the following described line;
Beginning at a point in the south line of said Southwest Quarter of the
Northwest Quarter distant 400.00 feet east of the southwest comer thereof;
thence northerly parallel with the west line of said Northwest Quarter 260.00
feet; thence northeasterly to the northeast corner of said Southwest Quarter of
the Northwest Quarter and there terminating.
Or more commonly described as approximately 80 acres of land located south and east of the
intersection of CR21 and CR42.
if you desire to be heard in reference to this matter, you should attend this public hearing. The
Planning Commission will accept oral and /or written comments. If you have questions
regarding this matter, contact the Prior Lake Planning Department at 447 -4230.
/�.t.�� d�n,�6�
Deb Garross
Assistant City Planner
DG:Jas
To be published in the Prior Lake American on November 20 and 27, 1993.
4629 Dakota St. S.E., Prior Lake, Minnesota 55372 / Ph. (612) 4474230 / Fax (612) 4474245
AN EQUAL OPPORTLYWY EMPLOYER
y R`Ql\
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AGENDA ITEM: 3
SUBJECT- CONSIDER VARIANCE REQUEST FOR ROD
DEHMLO AUTO SALES PRESENTER:
PRESENTER: GINA MITCHELL, ASSOCIATE PLANNER
PUBLIC HEARING _YES ENO
DATE: DECEMBER 2, 1993
INTRODUCTION:
The Planning Department received an application from Rod Dehmlow to consider a 9' variance
from the 50' front yard setback requirement from the right-of-way line for S.T.H. 13. The
subject site is located at 4810 Dakota Street S.E. and fronts on both S.T.H. 13 and Dakota Street
(see attached maps for reference).
DISCUSSION•
The existing building was constructed in 1983 and granted a building permit (BP83 -183) on June
28, 1983. The building permit was issued for a structure complying to the requirements of the
Zoning Ordinance then in effect (Ordinance 75 -12). There was no standard for setback from
S.T.H. 13 in effect that the original building permit was issued.
On June 29, 1993 the City Council adopted a new Zoning Ordinance, (Ordinance 83-6) which
was later published and codified on March 3, 1984. Zoning Ordinance 83 -6 established a
minimum setback of 50' for all structures located adjacent to S.T.H. 13 right-of-way. Zoning
Ordinance 83-6 is en effect today, therefore, the applicant requests a 9' variance from the S.T.H.
13 setback in order to extend the wall of the existing building to the north as proposed (see
attached survey for details).
ALTERNATIVES
NATIVES
1. Approve the 9' variance request from S.T.H. 13 right-of-way as requested.
2. Continue or table the item for specific reasons.
3. Deny the application for specific findings of fact that the application does not
meet the hardship standards outlined in the Zoning Ordinance.
RECOMMENDATION:
Alternative #1. Approve the 9' front yard variance from S.T.H. 13 right-of-way. The rational
being that the building was constructed consistent with former Zoning Ordinance 75 -12 and
made non - conforming by the adoption of Ordinance 83 -6. The hardship is a result of adoption of
different Zoning Ordinance setbacks and is not due to actions of the applicant.
4629 Dakota St. S.E., Prior Lake, Minnesota 55372 / Ph. (612) 44742M / Fax (612) 447 -4245
AN EQUAL OPPORPUNITY EMPLOYER
�arkmce �Rardship Standards;
1. Literal enforcement of the Ordinance would result in undue hardship with respect
tothe property.
The building currently has a legal non - conforming setback of 41' from the S.T.H. 13
right -of -way. The structure setback was made non - conforming by City adoption of new
setback requirements for S.T.H. 13, after the building permit was issued.
2. Such unnecessary hardship results because of circumstances unique to the property.
The circumstances are unique because the building was built in compliance with the
Zoning Ordinance in effect at the time. No alterations to the site have been made since
the original building permit was granted.
3. The hardship is caused by provisions of the Ordinance and is not the result of
actions of persons presently having an interest in the property.
The hardship is caused by the adoption of Zoning Ordinance 83 -6 after the building was
constructed and is not the result of persons having an interest in the property.
4. The variance observes the spirit and intent of this Ordinance, produces substantial
justice and is not contrary to the public interest.
The variance observes the spirit and intent of the Ordinance. The request is to extend an
existing wall, which will not encroach further into the required setback than the
legal- nonconforming setback. Other variances have been granted by the Planning
Commission consistent with that of the applicant.
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SUBMISSION REQUIREMENTS "
(A)Completed application form. (B)Filing fee. (C)Property Survey indicating the
proposed developnent in relation to property lines and/or ordinary- high - water mark,
proposed building elevations and drainage plan. (D)Certified from abstract firm,
names and addresses of property owners within 100 feet of the exterior boundaries of
the subject property. (E)Complete legal description a Property Ldentification Number
(PID). (F)Deed restrictions or private covenants, if applicable. (G)A parcel map
at 1 20' -50' showing: The site development plan, buildings: parking, loading,
access, surface drainage, landscaping and utility service.
ONLY COMPLETE APPLICATIONS SHALL BE ACCEPTED AND REVIEWED BY THE PLANNING COMMISSION.
To the best of my knowledge the information presented on this form is correct. In
addition, I have rend Section 7.6 of the Prior Lake Z O hick i ies
requirements for variance procedures. I agreeemati and f oa .the
procedures as outlined in the Ordinance. /
Submitted this/.&,day of,11�192_4
THIS SPACE IS TO BE FILLED OUT
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You are hereby notified that a hearing will be held by the Planning Commission in the Prior
Lake Council Chambers at 4629 Dakota Street S.E. on:
PURPOSE OF HEARING:
SUBJECT SITE LOCATION:
REQUESTED ACTION:
To consider a variance application for Rod
Dehmlow of 7810 Dakota Street
4810 Dakota Street SE, Lots 1 - 3, Block 10, and
Lots 4, 5, 6 of Block 10, except West 55' Original
Town, Prior Lake, Scott County, Minnesota
The applicant proposes to convert a shop to an auto
showroom, and construct a a 44' x 28' addition to
the rear of the building for a shop. In order to
construct the improvement, the following variance
is requested: a 9' setback variance from the 50'
front yard setback from the planned right -of -way
line of State Trunk Highway 13.
If you desire to be heard in reference to this matter, you should attend this meeting. Oral and
written comments will be accepted by the Planning Commission. For more information, contact
the Prior Lake Planning Department at 447 -4230.
Prior Lake Planning Commission
DATE MAILED: November 22,1993
4629 Dakota St. S.E. Prior Cake. Minnesota 55372 / Ph. (612) 4474230 ,l Fax (612) 4474241
AN EQUAL OPPORrUNrtv EDU LO E0. '
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November 12, 1993
Bernie Mahowald
7877 150th St. W.
Prior lake, MN 55372
Dear Mr. Mahowald
This letter is in regard to your request for information related to a proposed future addition to
the building located at 4810 Dakota Street SE, otherwise known as Rod Dehmlow Auto Sales.
As per our discussion on November 9, 1 have contacted City Attorney, Glenn Kessel, to
determine whether or not a variance would be required In order to add on to the building.
Please be advised that it Is his determination that a variance Is required in order to add on to
the building if there will be any encroachment Into the required 50 ft. setback measured from
the Hwy. 13 right- of-way line. His opinion Is based on Zoning Ordinance 83 -6. Section 4.1B
which states. All structures, whether attached to the principal structure or not, and whether
open or enclosed, including porches, carports, balconies, cantilevers, and chimneys and
platforms above normal grade level, shall not project into any minimum front, side, or
rear -yard setback."
Enclosed please find an application form for variance along with guidelines which explain the
process. From the date of application, a variance will take approximately three to six weeks to
process. The submittal requirements for variance application are:
1. A completed application.
2. A Certificate of Survey indicating the proposed addition and the setback proposed to the
Hwy. 13 right-of-way.
3. The names and address of all property owners within 100 feet of the parameter of the
subject site shall be provided by a certified abstract company.
4. The application fee for variance 1s $75.00. A check should be made payable to the City
of Prior Lake.
I hope that this information is helpful to you. If you require additional assistance in this
matter, please contact me directly at 447 -4230.
Stn re ,
�' L k, f�l' 9 -a1/J
Assistant City Planner
DG.yas
Enclosure
cc: Funk Boyles
Horst Graser
4629 Dakota St. S.E., Prior take, Minnesota 55372 / Ph. (612) 4474230 / Fax (612) 447 -4245
AN EQUAL OPPORIUNRY EI&LOYER
/_ F Tl
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REGULAR PLANNING CONNUSSION
AGENDA
Thursday, December 16, 1993
7:30 p.m. Call meeting to order.
a) Review minutes of previous meeting.
7:35 p.m. 1. PUBLIC HEARING to Consider a Comprehensive Plan
Amendment and Rezoning for Wensmann Realty
8:15 p.m. 2. PUBLIC HEARING CONTINUED for the Preliminary Plat of
Westbury Ponds First Addition
8:45 p.m. 3. VARIANCE - Nedegaard Construction Co. Inc.
9:00 P.M. 4. PUBLIC HEARING to Consider Amending the Zoning and
Subdivision Ordinances to Adopt Driveway Standards
All times stated on the Planning Commission Agenda, with the exception of Public
Hearings, are approximate and may start a few minutes earlier or later than the scheduled
time.
ADIM
4629 Dakota St. S.E, Prior lake, Minnesota 55372 / Ph. (612) 4474230 / Fax (612) 4474245
AN EQUAL 0PP09PUNRY EMPLMU
PLANNING COMMISSION
MIINUTES
Thursday, December 2, 1993
The December 2, 1993, Planning Commission Meeting was called to order by Chairman Arnold
at 7:30 P.M. Those present were Commissioners Roseth, Arnold, Greenfield, Loftus, Vonhof,
Director of Planning Horst Graser, Associate Planner Gina Mitchell, and Secretary Rita Schewe.
MOTION BY GREENFIELD, SECOND BY LOFTUS, TO APPROVE THE MINUTES AS
WRITTEN.
Vote taken signified ayes by Greenfield, Loftus, Arnold, Vonhof, and Roseth. MOTION
CARRIED.
A recess was called from 7:31 P.M. to 7:35 P.M at which time the next agenda item was
scheduled.
ITEM I - PUBLIC HEARING - TO CONSIDER ESTABLISHING MINIMUM[
SETBACKS FROM MAN -MADE AND NATURAL WETLANDS
The Public Hearing was called to order at 7:35 P.M. by Chairman Arnold. The public was in
attendance and a sign -up sheet was circulated.
Horst Graser, Director of Planning, presented a summary on the background of the Stormwater
Management Program. The issue was brought to the attention of the Development Review
Committee by the Public Works Department several months ago. Policies were developed to
prevent developers from tilling, altering, or changing our natural wetlands. Metropolitan
Council mandated that cities focus on water quality treatment. NURP ponds were implemented
and maintain. d. The setback proposed is 30 feet from the 100 year flood plain level. The entire
lot would be outside of the setback where in the past only 50% was required to be outside. This
would d.crease density which in turn could increase the future fees for developers and
maintenance costs for the City of Prior Lake.
Engineer Anderson felt it was crucial that setbacks be maintained to protect ponds, wetlands, and
to provide a minimum rear yard for residents. The lot area increase would encourage open space
for public use and possibly introduce trails around the ponds and wetlands. Developers are
reluctant to place homes further away from ponds as they wish to maximize the number of units
per development.
Mr. Anderson, stated that all developments over 5 acres will have water quality ponds in them.
This setback would result in a lower density adjacent to wetlands. A 30 foot setback from the
100 year flood plain is the proposed figure. Several overheads were shown illustrating various
PLANNING COMMISSION
December 2, 1993
Page 1
xnuln in developtnews in Prior Lake and clepicting the lot sizes :md the current policy
As the next Public Hearing was scheduled for 8:00 P.M., this Public Hearing was continued to
the end of the evening's agenda.
I TEM II - PUBLIC HEA Jix�G - TO ON IDF.R R ..ONIN FOR THE ..O
V�I�INU PROPERTY FROM d -1 TO A -I
The Public Hearing was called to order at 8:00 P.M. by Chairman Arnold. The public was in
attendance and a sign -up sheet was cireulateo.
Horst Graser, Director of Planning, presented the information as per metro of December 2, 1993.
The purpose of the hearing is to rezone approximately 80 acres of property owned by Leo
Vierling from Industrial to Agricultural.. This property was removed from the Urban Service
Area approximately four months ago as an exchange parcel for The Wilds in the Comprehensive
Plan Amendment. It is necessary to rezone the 80 acres of the Vierling property from I -1 to A -1,
a land use consistent with the Rural Service Area policies, Urban Service Area and Land Use
Plan of the Comprehensive Plan. In the interim of approving the Comprehensive Plan, it is
prudent to rezone this property from I -1 to A -1 as the City of Prior Lake does not allow industrial
construction without sewer and water. Staff has prepared Ordinance No. 93 -30 for the Planning
Commission to recommend approval to the City Council.
Leo Vierling, 14091 Eagle Creek Avenue, asked for clarification on the proposed ordinance. Mr.
Graser explained the process.
Comments from the Commissioners were on; issue is a matter of formality, designation of
industrial zone, and all were in consensus with approval.
MOTION BY GREENFIELD, SECOND BY ROSETH, TO RECOMMEND TO THE CITY
COUNCIL TO APPROVE AN ORDINANCE AMENDING PRIOR LAKE CITY CODE
SECTION 5 -2 -1 AND PRIOR LAKE ZONING CODE ORDINANCE NO. 83 -6 SECTION 2.1.
RATIONAL BEING THIS WOULD BRING THAT PART OF THE ZONING MAP INTO
COMPLIANCE WITH THE CURRENT COMPREHENSIVE PLAN.
Vote taken signified ayes by Greenfield, Roseth, Loftus, Vonhof, and Arnold. MOTION
CARRIED.
MOTION BY ROSETH, SECOND BY VONHOF, TO CLOSE THE PUBLIC HEARING.
Vote taken signified ayes by Roseth, Vonhof, Arnold, Loftus, and Greenfield. The Public
Hearing was closed at 8:20 P.M.
A recess was called at 8:20 P.M. and the meeting was reconvened at 8:30 P.M.
ITFMID - VARIANCE - ROD DF.HMI OW AUTO SALES
Commissioner Roseth stated as he has an on -going business arrangement with the applicant and
therefore withdrew from the proceedings.
Bennie Mahowald, of Mahowald Builders, represented the applicant Rod Dehmlow, owner of
Rod Dehmlow Auto Sales. Mr. Mahowald stated the applicant is in the business of reselling and
refurbishing cars and wishes to enlarge his establishment to accommodate a show room and is
requesting the variance for this purpose. Mr. Mahowald then asked what procedure would be
PLANNING COMMISSION
December 2, 1993
Pape 2
needed to have a sign on the roof and was informed that the applicant would have to apply under
the Sien Ordinance. He was also advised that the City of Prior Lake Sign Ordinance prohibits
roof signs.
Gina Mitchell, .Associate Planner, presented the information as per memo of December 2, 1993.
The existing building was constructed in June of 1983 and was in compliance with the codes at
that time. On June 29, 1993, the City Council adopted a new Zoning Ordinance requiring a 50
foot setback from State Trunk Highway 13 right -of -way. The applicant's request is for a 9 foot
variance from the 50 foot setback in order to extend the wall of an existing building to the north.
Staffs recommendation is to approve the application as requested as the hardship is a result of
adoption of different Zoning Ordinance setbacks and is not due to the actions of the applicant.
Comments from the Commissioners were on; the application does meet criteria, future Highway
13 expansion, glad to see a Prior Lake business growing, and discussed other issues such as
landscaping, lighting, and exterior finishes.
MOTION BY LOFTUS, SECOND BY VONHOF, TO APPROVE THE NINE (9) FOOT
FRONT YARD VARIANCE FROM STATE TRUNK HIGHWAY 13 RIGHT -OF -WAY.
RATIONALE BEING THE BUILDING WAS CONSTRUCTED WITH FORMER ZONING
ORDINANCE 75 -12 AND MADE NON - CONFORMING BY THE ADOPTION OF
ORDINANCE 83 -6. HARDSHIP CRITERIA HAS BEEN MET. THE HARDSHIP IS A
RESULT OF ADOPTION OF DIFFERENT ZONING ORDINANCE SETBACKS AND IS
NOT DUE TO ACTION OF THE APPLICANT,
Vote taken signified ayes by Loftus, Vonhof, Greenfield, and Arnold. MOTION CARRIED.
The Public Hearing on Stormwater Management Program was recalled to order at 8:48 P.M.
Comments from the Commissioners were on; structure of detention pond, maintenance of
ponds, affect on park dedication fees, piping and reconstruction costs, size of ponds, safety
measures in place, determination of 100 year flood plain and elimination of park credit to
developers.
Commissioner Greenfield felt this proposal just had a postage stamp effect and should be looked
at further in regards to what affect the ponds would have on the overall scheme of the open
space.
MOTION BY LOFTUS, SECOND BY ARNOLD, TO RECOMMEND THE ADOPTION OF
ORDINANCE 94 -01 AMENDING PRIOR LAKE CODE SECTION 6-2 -1 AND 6 -6 -4 AND
PRIOR LAKE SUBDIVISION ORDINANCE 87 -10, SECTION 6 -2 -1 AND 6- 6 -4(F).
Commissioner Greenfield raised a question on the definition of detention ponds, land valuation,
and the implementation to the ordinance.
Vote taken signified ayes by Loftus, Arnold, Greenfield, Roseth, and Vonhof. MOTION
CARRIED.
A directive was given to Staff to investigate amending City Code Section 6 -6 -8E related to
credits for park land dedication and be brought back to the Planning Commission.
MOTION BY LOFTUS, SECOND BY VONHOF, TO CLOSE THE PUBLIC HEARING.
Vote taken signified ayes by Loftus, Vonhof, Roseth, Arnold, and Greenfield. MOTION
CARRIED.
PLANNING COMMISSION
December 2, 1993
Page 3
MOTION BY LOFTUS, SECOND BY ROSETH, TO ADJOURN THE MEETING.
Vote taken signified ayes by Loftus, Roseth, Arnold, Vonhof, and Gmcnneld. MOTION
CARRIED.
The meeting adjourned at 9:50 P.M. Tapes of the meeting are on file at City Hall.
Horst W. Graser
Director of Planning
Rita M. Schewe
Recording Secretary
PIA. TININO COMMISSION
Dec ber Z 1993
Page 4
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AGENDAITEM: 1
SUBJECT: WENSMANN REALTY COMPREHENSIVE PLAN
AMENDMENT AND REZONING
PRESENTER: HORST W. GRASER, DIRECTOR OF PLANNING
PUBLIC HEARING RYES _NO
DATE: DECEMBER 16,1993
INTRODUCTION: The Planning Department has received an application for a
comprehensive plan amendment and rezoning from
Wensmann Realty for the 40 acre Brandt farm located
directly southwest of the intersection of County Road 42
and Pike Lake Trail. The Brandt farm is currently
designated industrial (approximately 33 acres), and open
space (approximately 7 acres). The zoning of the subject
site consists of Industrial (approximately 25 acres), and
Conservation (approximately 15 acres). Based on the
acreages of the zones it is obvious that the C -1 zones do not
match well with the open space designation. Prior Lake's
natural open space policy plan and laws will be utilized to
define and eventually preserve natural features. The
natural features will be defined during the development
plan stages, although the applicant has done an excellent
job in delineating them in the application.
COMPREHENSIVE PLAN
LULM& Development Concept: Unfortunately, Prior Lake's
development strategy for several key areas of the
community is nt t well defined. The principle reason is that
the current comprehensive plan is out of date and in
desperate need of updating. In the past several years, strong
market forces have required Staff, Planning Commission,
and Council, to make growth management decisions in
conjunction with land use changes and development
applications.
The current land use designation for the subject site is
industrial and open space. There are approximately 7 acres
of designated open space within the site, all located in the
norhwest comer. However, a detailed analysis of the entire
site reveals rolling land with numerous steep slopes,
additional v etlands and lowlands, and overstory in areas
4629 Dakota St. S E., Prior lake, Minnesota 55372 1 Ph- (612) 447 -4230 1 Fax (612) 4474245
A E(YUAL OPPORNMrY DiPLOYER
that have not been farmed. Based on these physiographical
characteristics, the subject should never have been
designated industrial.
The existing industrial land use designation is the only
remnant of the development concept envisioned in the 1980
or current Comprehensive Plan for the lands southeast of
the County Road 42 and 21 intersection. In August 1990,
the City officially abandoned the industrial land uses in this
area. The City Council commissioned a study to determine
the most appropriate sites in the community. The Council
eventually adopted the finding that this area had limited
industrial potential and shortly thereafter redesignated the
most southerly 97 acres (Progress Land Company 3 -2 -92)
to low density residential. Earlier this year, Leo Vierling's
160 acres were redesignated to agricultural and removed
from the urban service area. The deletion is only temporary,
since the Council has assured Mr. Vierling that his property
will be included in the 2010 Urban Service Area, if at all
possible.
Staff has been working on a land use and transportation
plan for the North Shore and Jeffers neighborhoods to be
included in the 2010 Comprehensive Plan. The land use
plan suggest a combination of commercial, high and
medium density, along County Road 21 and 42. The draft
plan will be made available to the Planning Commission to
aid in the evaluation. Caution must be used not to base
decisions on a draft plan but rather to use it only as a guide.
The rational and decision must be based on the existing
plan.
Transportation: The existing transportation
element shows Pike Lake Trail as a local street only and
County Road 42 as an arterial. The draft transportation
plan projects County Road 42 as a principle arterial and
Pike Lake Trail as a major collector. Access restrictions are
112 mile spacing on County Road 42 and no direct land
access for Pike Lake Trail. Also a minor collector is
anticipated to run parallel to County Road 42 and 21
serving the higher intensity uses along these two arterials.
Based on traffic generated by use, residential ADT is
significantly less than industrial.
Open Space: There are approximately 7 acres of
open space designated in the northwest comer of the site. It
is unclear as to the quality, importance, or identity giving
potential of this area. The overall open space plan lacks
d and sensitivity to a community open space/MR
and park system. The comprehensive plan's policy plan
should be used to define natural features at the time of
development The applicant has taken an inventory of the
natural features and has incorporated them in his
application. The draft plan does not indicate the subject site
to be the location of a community park or any other land
needs for other governments.
Utilities: Trunk. sewer is available to the site at
the intersection of County Road 42 and Pike Lake Trail. It
is of capacity to acc nnmodate low density residential
development which produces about half the effluent
volume of industrial.
Trunk water is not directly adjacent to the site but is
available. A trunk line would have to be extended from
Beach Street, north through the proposed Knob Hill
development.
Water Quality: Prior Lake has adopted interim water
quality standards that are based on the National Urban
Runoff Program (NURP). Storm water management is
required on -site versus past practices of discharging it to an
off -site receiving water body. The development
characteristics of residential land use is certainly more
sensitive to water quality management and natural features
than industrial.
Other Supporting Analysis: Attached please find
memorandums from Bill Mangan, Parks and Recreation
Director, and Larry Anderson, Public Works Director.
REZONING* If the Planning Commission amends the Comprehensive
Plan, then the Zoning Ordinance should be amended to be
consistent with the Comprehensive Plan. The applicant has
requested a low density designation which corresponds to
an R -I Zoning District with a maximum density 3.5 units
per acre. It is anticipated that the applicant will propose a
development plan of attached housing. Attached please find
Ordinance 9403, which implements the requested
rezoning.
F INDINGS: 1.
If approved the amendment will produce a
maximum of 140 housing units.
2.
Sewer is of capacity to accommodate the land use
change. Water is available to the site.
3.
The site is not part of a regional park system.
4.
Based on previous Council action, the plan
amendment is consistent with other land use
changes which were from Industrial to Residential
and Agricultural.
5.
The City has in place NURP and other policy
standards that will protect wetlands and natural
features.
6.
The site is within the Urban Service Area
7.
The draft transportation element of the
Compra.�ensive plan designates Pike Lake Trail a
major collector and a minor collector corridor
running parallel and directly south to County Road
42. Any planned action or development on the site,
not accounting for these two collectors, is
inconsistent with Prior Lake's long range
transportation planning effort.
_ALTERNATIVES• 1. Adopt the findings in this report and based
on these findings recommend to the City
Council to amend the Comprehensive Land
use Plan for the Brandt farm from Industrial
to low density residential.
Recommend to the City Council that the
Comprehensive Plan be brought into
compliance with the Zoning Ordinance by
adopting Ordinance 94 -05.
2. Continue the hearings for specific purposes.
3. Deny the requested amendments based on
facts and findings.
RECOMM .NDATION@ Alternative #1
TO: HORST GRASER, DIRECTOR OF PLANNING
FROM: LARRY J. ANDERSON, DIRECTOR OF PUBLIC WORKS
SUBJECT: WENSMANN REALITY PROPERTY REZONING
AMENDMENT TO THE PhIOR LAKE COMPREHENSIVE
PLAN
DATE: DECEMBER 8, 1993
The request for the Comprehensive Plan Amendment is to change the land use
designation from industrial to low density residential use. The parcel abuts CSAH
42 on the north and Pike Lake Trail on the east. Access to this parcel needs to be
via Pike Lake Trail and not provide direct access to CSAH 42. Scott County's access
spacing requirements for CSAH 42 is 1/2 mile spacing of intersections. This would
not allow direct access to CSAH 42. The proposed concept site plan dated November
10, 1993 shows an east/west roadway that connects to Pike Lake Trail. This
roadway should remain in place to connect with a north/south minor collector that
would run from Carriage Hills Parkway northerly through the Leo Vierling parcel
to CSAH 42 and then easterly to Pike Lake Trail. This minor collector would be
immediately to the south and parallel to CSAH 42 and connect at Pike Lake Trail,
approximately 300 feet south/CSAH 42 intersection.
The parcel is in the urban service area and is adjacent to sanitary sewer. At this
point, the watermain would have to be extended through the proposed Knob Hill
plat to provide other access to this parcel. Improvement projects are necessary to
provide utilities for this parcel.
The proposed change in land use will decrease the intensity of need for
infrastructure for streets, sanitary sewer and watermain and should not adversely
impact the infrastructure system for the City of Prior Lake. The infrastructure
system such as the sanitary sewer and the improvement of streets must be made in
order to serve this proposed development, and those issues would need to be
addressed as part of the plat approval for the area.
The Public Works Department does not object to the request to change the land use
of the property from ins strial to low density residential land use.
I.l M3CM rr
4629 Dakota St. S.E., Prior lake, Minnesota 55372 / Ph. (612) 447 -4230 / Fax (612) 447 -4245
AN EQUAL OPPORrUNErY EMPLOYER
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FROM: BILL MANGAN, DIRECTOR OF PARKS AND RECREATION
RE: WENS14ANN HOMES- COMPREHENSIVE PLAN AMENDMENT
DATE: DECEMBER 6, 1993
I have reviewed the application for a Comprehensive Plan
Amendment for the Brandt property by Wensmann Homes and I have
the following comments:
Based on the plan as submitted, there needs to be a
connecting road on this property that would be located
southwest to northeast on the plat. when this road is
put in, it should serve as a local road connecting this
neighboxhocd with the neighborhoods adjacent to it. As
such, this road will carry vehicle traffic as well as
pedestrian traffic which will necessitate the need for
a bike /hike system. At minimum, this would be a
sidewalk that would connect up to the citywide trail
system located on C.R. 42 and Carriage Hills Parkway.
The open space requirements calls for a large parcel of
land just south and west of this parcel to be preserved
for open. while this plat has minimal effect on that
concept, there still is a need for open space within
the parcel that will serve as a neighborhood park as
opposed to the community park that will serve several
neighborhoods. This type of open space is even more
essential in those neighborhoods with a higher density
than low, residential density.
There is a portion of the southwest coiner of this
property that could be included in the large, community
park that is called for in the Comprehensive Plan.
With the relatively steep slopes in this area, a
portion of this area could be dedicated as open space
to ty into the larger community park envisioned in the
future.
3. This neighborhood needs to be integrated into adjacent
neighborhoods both from a pedestrian standpoint as well
as transportation standpoint so that it is not an
4629 Dakota St. SE., Prior fake Minnesota 55372 / Ph. (612) 4474230 / Fax (612) 4474245
AN EQUAL OPPOPT"n Y EMPLOYER
isolated neighborhood. The parcel needs to be
connected to the citywide Trail system through the use
of hike /bike trails along connecting streets. Any
parks located within the plat must be interconnected
with this trail system so that users can safely travel
from open space to other open spaces. In addition,
there needs to be pedestrian connections made to ty the
neighborhood with any commercial areas that will be
established in this area.
4. There are several areas of steep slopes (<20 %) that will
need to be protected in this area as well. This can be
accomplished through proper planning of the site. In
addition, there are several wetlands that need to be
addressed at the time of development. These wetlands
need to be incorporated into development plans so as to
be protected and even enhanced.
Those are my comments regarding this proposed Comprehensive
Plan amendment. My concerns are for open space, transportation
systems, trails and walkways linking the neighborhood with other
public facilities and trails, and protection of steep slopes and
wetlands. In addition, there is a need for open space within this
area as well as a plan for a large community park just south and
west of this parcel.
CP
PID# 259260020
259260060
CITY Of' PRIOR LAKE
APPLICATION FOR AMENCMENr TO CITY CODE, COMP PLAN OR CITY ORD14A,&CE
Applicant: _ Wensmann Realty __ Home Phone: 423 -2950
work Phone: 423 -1179
Address: 731 151 r sr at W.. Ratemwmt MN 49068
Section of Ordinance or Comp Plan Amendment
is Requested for: Land use
Describe Amendment: Requesting change of land use from industrial to resid ential
Reasons for the Request: (May Attach) See Attached
aMML -PION REQUIREMENTS
(A.) Completed application form. (B.) Filing Fee. (C.) Parcel Identification
9mber (PID). (D.)Certified Survey and Names of Property Owners Certified by an
Abstract Ciam:ary if Required by the Director of Planning.
ONLY COMPLETE APPLICATIONS SHALL BE REVISIED BY THE PLANNING COMMISSION.
To the best of my knowledge, the information presented on this form is correct.
In addition, I have read Section 7.9 of the City Zoning Ordinance which
specifies the requirements for wwx1ments. I agree to provide information and
follow the procedures as outlined in the Ordinance. �
/f clts�
Applicant ignature
Submitted this -/ 'day of
THIS SBCTION 1O BE FILLED OUT BY THE PR]IMI>G DIRBCIOR
PLANNING COMMISSION _APPROVED _DENIED HEARING DATE
CITY OOONCII APFROM _ DENIID HEARING DATE
CONDITIONS•
Signature of the Planning Director Date
PIDt 212Zfia Z(
CITY OF =RIOR LAKE 259260060
APPLICATION - -�CR REZONING
Applicant
Address:_
Some Phoi
Property
Address:_
Location Of proposed rezoning: NE 1/4 of NW 1/4 of Sec. 26, T.115, R.22, Scott i:o., MN
Present Zoning: I -1 and C -1 Proposed Zoning: R -1 and C -1
Property Acreage Existing use
to be LeZO vj: 1 ,40 acres of Property: Agriculture and natural open spac
Intended use(s) Of property: 130 -140 attached single family dwelling units
Reasons for Request: To accommodate proposed use
Deed Restrictions: --- - No _Yes If so, please attach.
Has the Applicant previously sought to plat, rezone, obtain a variance or conditional
use permit on the subject site or any part of it: —L--No Yes What was
When:
z (A)Complete applicati , form. (B)Caoplete legal description
5 Property Identification Amber (PID). (C) Filing fee. (D)Deed restrictions, if
necessary. (E)Fifteen copies of a site plan and Certified Survey, drawn tc scale
showing existing and proposed structures, lot boundaries, foliage and topography on
site and within three hundred (300) feet of the property. (F)Soil tests, if
pertinent. (G)Certified from abstract fian the names and addresses of property
owners within 300 feet of the exterior of the property lines of the subject
property.
ONLY COMPLETE APPLICATIONS WILL BE REVIEWED BY THE PLANNING 024CMION.
To the best of my knowledge the information presented on this form is correct. In
addition, I have read Section 7.9 of the Prior Lake Zoning Ordinance which specifies
requirements for rezoning procedures. I agree to provide information and follow the
procedur s outlined the Ordinanoe.
Signature Date
Fee Owners Signature Date
TSIS SECTION TO BE FIELE� IN BY THE PLANNING DIREMOR
ODMITIONS•
Signature of the Planning Director
Date ,
"ORDPRO"
'ouxor
CITY OF PRIOR LAKE
ORDINANCE NO. 94-03
AN ORDINANCE AMENDING PRIOR LAKE CITY CODE SECTION S-2-1 AND PRIOR LAKE ZONING
ORDINANCE NO. 83-6 SECTION 2.1.
The Council of the City of Prior Lake does hereby ordain:
The Prior Lake Zoning Map, referred to in Prior Lake City Code Section 5 -2 -1 and Prior fake Zoning Ordinance
No. 83 -6 Section 2.1, is hereby amended to change the zoning classifications of the following legally described
properly from I -1, Special Industrial and C -1. Conservation to R -1, Urban Residential:
LEGAL DESCRIPTION:
LEGAL DESCRIPTION OF I.1, SPECIAL INDUSTRIAL TO BE REZONED TO R -1, URBAN
RESIDENTIAL:
That part of the Northeast Quarter of the Northwest Quarter of Section 26, Township 115, Range 22, Scott County,
Minnesota lying easterly of the following described line:
Commencing at the northeast comer of said Northeast Quarter of the Northwest Quarter, thence westerly, along the
north line of said Northeast Quarter of the Northwest Quarter, a distance of 670.53 feet, to the actual point of
beginning of the line to be described; thence southerly, parallel with the east tine of raid Northeast Quarter of the
Northwest Quarter, a distance of 552.00 feet; thence southwesterly, to the southwest caner of said Northeast
Quarter of the Northwest Quarter, a said line there terminating.
LEGAL DESCRIPTION OF C -1, CONSERVATION TO BE REZONED TO Rd, URBAN RESIDENTIAL:
That pan of the Northeast Quarter of the Northwest Quarter of Section 26, Township 11.5, Range 22, Scott County,
Minnesota lying westerly of the following described line:
Commencing at the northeast corner of said Northeast Quarter of the Northwest Quarter, thence westerly along the
north tine of said Northeast Quarter of the Northwest Quarter, a distance of 670.53 feet, to the actual point of
beginning of the line to be described; thence southerly, parallel with the east tine of said Northeast Quarter of the
Northwest Quarter, a distance of 552.00 feet; thence southwesterly, to the southwest caner of said Northeast
Quarter of the Northwest Quarter, and said line there terminating.
This ordinance shag became effective from and after its passage and publication.
Passed by the City Council of the City of Prior Lake this _ day of _, 1990.
ATTEST.
City Manager:
Mayor:
To be published in the Prior Lake American on the _day of , 1990.
Drafted By:
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NOTICE OF PUBLIC HEARING TO CONSIDER AN AMENDMENT
TO THE PRIOR LAKE COMPREHENSIVE PLAN
You are hereby notified that the Planning Commission will hold a Public Hearing in the Prior
Lake City Council Chambers at 4629 Dakota Street S.E., on Thursday, December 16, 1993 at
7:35 p.m..
The purpose of the public hearing is to consider an application from Wensmann Realty to amend
the Land Use Map of the Prior Lake Comprehensive Plan. Specifically, the request is to change
the land use designation of the following legally described property from Industrial to Low
Density Residential Land Use. The proposal is a minor comprehensive plan amendment request.
LEGAL DESCRIPTION:
The Northeast Quarter of the Northwest Quarter of Section 26, Township 115, Range 22, Scott
County, Minnesota. Subject to easements and restrictions of record if any.
Or more commonly described as: Approximately 41 acres of land located southwest of the
intersection of County Road 42 and Pike Lake Trail, Prior Lake.
If you desire to be heard in reference to this matter, you should attend this hearing. The Planning
Commission will accept oral and or written comments. If you have questions regardint this
matter, contact the Prior Lake Planning Department at 447 -4230.
C(MW
Deb Garross
Assistant City Planner
To be published in the Prior Lake American on December 4 and 11, 1993.
4629 Dakota St. SE, Prior lake, Minnesota 55372 / Ph. (612) 4474230 / Fax (612) 447 -4245
AN EQUAL OPPOarUNrY EMPLOYER
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NOTICE OF PUBLIC HEARING TO CONSIDER A REZONING
APPLICATION FOR WENSMANN REALTY
You ate hereby notified that the Planning Commission will hold a Public Hearing in the Prior lake City
Council Chambers at 4629 Dakota Street S.E., on Thursday, December 16, 1993 at 7:35 p.m..
The purpose of the public hearing is to consider an application from Wenamann Realty to rezone property.
Specifically, the request is to change the zoning designation of the following legally described property
from I -1 Special Industrial, and C -1, Conservation to R -1, Urban Residential.
LEGAL DESCRIPTION OF I -1, SPECIAL INDUSTRIAL TO BE REZONED TO R -1, URBAN
RESIDENTIAL:
That part of the Northeast Quarter of the Northwest Quarter of Section 26, Township 115, Range 22, Scott
County, Minnesota lying easterly of the following described line:
Commencing at the northeast corner of said Northeast Quarter of the Northwest Quarter; thence westerly,
along the north line of said Northeast Quarter of the Northwest Quartet, a distance of 670.53 feet, to the
actual point of beginning of the line to be described; thence southerly, parallel with the east line of said
Northeast Quarter of the Northwest Quarter, a distance of 552.00 feet; thence southwesterly, to the
southwest comer of said Northeast Quarter of the Northwest Quarter, a said line there terminating.
LEGAL DESCRIPTION OF C -1, CONSERVATION TO BE REZONED TO R -1, URBAN
RESIDENTIAL:
That part of the Northeast Quarter of the Northwest Quarter of Section 26, Township 115, Range 22, Scott
County, Minnesota lying westerly of the following described line:
Commencing at the northeast comer of said Northeast Quarter of the Northwest Quarter, thence westerly
along the north line of said Northeast Quarter of the Northwest Quarter, a distance of 670.53 feet, to the
actual point of beginning of the line to be described; thence southerly, parallel with the east line of said
Northeast Quarter of the Northwest Quarter, a distance of 552.00 feet thence southwesterly, to the
southwest comer of said Northeast Quarter of the Northwest Quarter, and said line there terminating.
If you desire to be heard in reference to this matter, you should attend this hearing. The Planning
Commission will accept oral and or written comments. If you have questions regarding this matter,
contact �th�e Prior Lake Planning Department at 447 -4230.
��t�Cuf/US1� 0
Assistant City Planner
To be published in the Prior Lake American on December 4 and 11, M.
4629 Dakota St. S.E. Frior lake, Minnesota 55372 / Ph. (612) 4474230 / Fax (612) 447 -4245
AN EQUAL OPPOWUNMY FiMPtDYER
NMstwood huf •'11 ur I®°
REQUEST
An amendment to the Land Use Plan section of the Prior Lake Comprehensive Plan is requested. The
request is to amend the land use of a 40t acre parcel immediately southwest of County Road 42 and
County Road 21 (Pike Lake Trail) from industrial to low density residential (see Exhibit A and B).
A rezoning of this same parcel is requested from 1 -I, Special Industrial, and C -1, Conservation to R -1,
Urban Residential (Exhibit C). See attached legal descriptions.
RATIONALE
1. Existing Planning Context
The proposed amendment will not create a contextually isolated or an incompatible land use. According to
the City's current plans, the zoning and proposed land use for the surrounding area is as follows:
ProR%ed Land Use
North
East
South
West
Agricultural
High Density Residential
Agricultural
Natural Open Space
and Agricultural
2. Future Planning Context
Zon
C -1 Conservation District and
A -1 Agricultural
R -I Urban Residential
I -1 Special Industrial
C -1 Conservation and
1 -1 Industrial
The City has recently undertaken an update of the Comprehensive Plan which suggests a change in focus of
the subject area from industrial to residential. According to the City Planning staff, the area to the west
and south of the subject property will be redesignated to predominately residential land use with some
commercial southeast of the intersection of County Road 21 and County Road 42. A recent atttrndment to
the Comprehensive Plan involved an urban service area land exchange involving the proposed industrial
.. s—...,... r........... ,
1x180 Trunk Hwy 5
Eden Prmne. MN 55344
61293] 5150
COMPREHENSIVE PLAN AMENDMENT AND REZONING
FAX 612 937 5822
BRANDT PROPERTY
PRIOR LAKE, MN
November 16, 1993
REQUEST
An amendment to the Land Use Plan section of the Prior Lake Comprehensive Plan is requested. The
request is to amend the land use of a 40t acre parcel immediately southwest of County Road 42 and
County Road 21 (Pike Lake Trail) from industrial to low density residential (see Exhibit A and B).
A rezoning of this same parcel is requested from 1 -I, Special Industrial, and C -1, Conservation to R -1,
Urban Residential (Exhibit C). See attached legal descriptions.
RATIONALE
1. Existing Planning Context
The proposed amendment will not create a contextually isolated or an incompatible land use. According to
the City's current plans, the zoning and proposed land use for the surrounding area is as follows:
ProR%ed Land Use
North
East
South
West
Agricultural
High Density Residential
Agricultural
Natural Open Space
and Agricultural
2. Future Planning Context
Zon
C -1 Conservation District and
A -1 Agricultural
R -I Urban Residential
I -1 Special Industrial
C -1 Conservation and
1 -1 Industrial
The City has recently undertaken an update of the Comprehensive Plan which suggests a change in focus of
the subject area from industrial to residential. According to the City Planning staff, the area to the west
and south of the subject property will be redesignated to predominately residential land use with some
commercial southeast of the intersection of County Road 21 and County Road 42. A recent atttrndment to
the Comprehensive Plan involved an urban service area land exchange involving the proposed industrial
.. s—...,... r........... ,
land to the south and west of the subject property. The industrial land was removed from the MUSA in
exchange for "The Wilds" a_parcel further to the west which will be designated for mixed use.
3. Physical Site Characteristics
The topography of the site is very rolling with slopes ranging from 3% to 30 %. Several wetlands are
present on the lowlands. Small clumps of wooded areas consist of mainly elms, boxelder and a few sugar
maple and hackberry. the balance of the site comprises shrubby growth and tilled farm land. A detailed
inventory of wetlands and trees is included in this report.
Due to the typically smaller building and parking masses, residential development can be more sensitive to
the natural systems of a site than typical industrial development. In addition, the amount of total
impervious surface is typically greater for industrial development than residential development. In Prior
Lake, the maximum lot coverage for residential development is restricted to 22 %. Industrial development
is restricted primarily by setback requirements but could potentially reach 70 -80% lot coverage given a
large industrial lot. Therefore, a change from industrial land use to residential land use will have no
greater, and likely less, impact on the natural systems of the site.
Approximately 1/3 of the site is currently zoned Conservation District, which is intended to protect areas of
steep slopes and other sensitive natural conditions. Tnis zoning designation will be maintained on the site
and refined to more closely match the actual site conditions.
4. Sanitary Sewer
Based on an average daily residential sanitary sewer of 274 gallons/day /unit volume, a residential land use
at 3.5 units/acre on the subject 40 acre site would produce 38,360 gallons/day. An industrial land use on
the same 40 acres site at a typical rate of 2,000 gallons/day /acre would produce 80,000 gallons/day.
Residential land use will have significantly less and certainly no greater demand for sanitary sewer service
than an industrial use
5. Transportation
Based on the Institute of Traffic Engineers Trip Generation Manual, 5th Edition, a residential land use,
specifically a condommium/townhouse unit with an average of 5.86 trips/day, will generate a total of 820
trips per day from the subject parcel. A light industrial use will generate 2,000 trips per day for this same
size parcel. A residential land use would generate significantly less traffic volume than an industrial land
use.
6. Airports
The proposed site is not in a search area for any fot re airport or restricted flyway.
7. Parks
The proposed site is not near a potential or existing regional park site or trail. The proposed development
will tie into the local (municipal) park and trail system.
COMPREHENSIVE PLAN AMENDMENT AND REZONING
BRANDT PROPERTY - PRIOR LAKE, MN Page 2
8. Water Resources
a. Stormwater
Stormwater runoff is a factor of impervious surface and topography. As discussed in "Physical Site
Character" above, the total site coverage can possibly be much greater for an industrial use than for a
residential use creating more stormwater runoff. Similarly, due to the smaller building masses of
residential development and consequent flexibility of design, natural topography can be maintained to a
greater extent than is possible with larger building/parking masses of industrial development.
Therefore, based on impervious surface and topography, residential land use will create no more and
probably less, stormwater runoff than industrial development.
b. Wetlands
A complete inventory of wetlands is included in this report. The site contains approximately 5 acres of
wetlands. The largest wetlands are located at the far west edge of the property and the southeast
comer.
The site design will avoid impacting these wetlands to the greatest extent possible and reasonable. Any
impacts will be replaced at a 2:1 ratio.
9. 5 Year Capital Improvement Plan
Several projects appear in Prior Lake's Five -Year Capital Improvement Program (CIP) in the area of the
subject property indicating that the area has a high demand for development and that the City is ready for
this development. Two county roads, CSAH 21 which is 1/2 toile to the west of the subject property, and
CSAH 42, immediately north of the subject property, are planned to be widened from the existing two -lane
roadway to a four -lane rural roadway with a bikeway improvement. This toad, which is on the County
Highway System, is being upgraded to handle the increasing traffic in this area in 1995 (CEP-31 and CEP-
33).
A collector street, Carriage Hill Road, in the same neighborhood as the subject property is currently under
construction and will continue in 1994 and 1996 (CIP -27). The timing is developer driven.
10. Housing
The proposed land use change and subsequent residential development are in accordance with the City's
housing goals. Prior Lake's Draft Comprehensive Plan 2010 includes policies that encourage choices in
housing. Specific policies state as follows:
1. The City of Prior Lake is dedicated to provide sufficient housing options to meet the needs of all
segments of the population, including the elderly and those of a variety of insane levels.
2. The City of Prior Lake encourage and promote adequate living space and fully utilized housing
through the provision of a range of choice among housing types and options.
13. Multi - family and low to moderate income housing should not be located in areas considered
inferior to those generally used for conventional single family housing.
COMPREHENSIVE PLAN AMENDMENT AND REZONING _
BRANDT PROPERTY - PRIOR LAKE, MN Page 3
Prior Lake's existing housing stock is primarily single family homes. The proposed residential development
will be a mixture of attached units - townhouses, patio homes, etc. The units will have a range of sizes.
The site is away from the town center, therefore adding diversity in location.
The housing policy that addresses die environment reads as follows:
14. Housing styles and development techniques which conserve land and increase efficiency are
encouraged by the City of Prior Lake
The proposed development of attached residential units .'th a low density is appropriate for the site in that
much of the site is either too steep or wetland and cannot ue developed. Attached residential allows for the
remaining developable land to be used efficiently without detriment to the sensitive natural features.
Another policy from the Draft Prior Lake 2010 Comprehensive Plan reads as follows:
15. Rental and multi - family housing shall be designed to insure adequate soundproofing, increased
energy conservation, provisions for social and recreational facilities and access to adjacent
neighborhoods, schools, public lands and commercial centers.
The proposed development will be designed to include trails to the commercial center at the intersection of
County Roads 21 and 42 as well as connections to the park land to the southwest and neighborhoods to the
south and southeast.
NATURAL SYSTEMS INVENTORY
WETLANDS
Methodoloev
Wetlands within the site were staked in the field using the Federal Manual for Identifying and Delineating
Jurisdictional Wetlands (Federal Interagency Committee for Wetland Delineation, 1989) and the Weiland
Delineation Manual (U.S. Army Corps of Engineers, 1987). These manuals are currently followed to
delineate wetlands regulated under the Minnesota Wetland Conservation Act of 1991 and the Federal Clean
Water Act, respectively. in this case and in several other recent delineations, time manuals resulted in one
set (i.e., identical) wetland boundaries. These boundaries reflect the stake locations determined by land
surveyors and are shown on the accompanying natural Systems inventory graphic. National Wetland
Inventory mapping and the Scat County Soil survey were also reviewed to aid in identifying wetlands
within the parcel.
Wetlands were classified according to Wetlands of the United Stares (U.S. Fish and Wildlife Service
Circular 39; Shaw and Fredine, 197 1) and Wetlands and Deepwater Habitats of the United States
(FWS /OBS Publication 79/31; Cowardin et al. 1979). Although the Circular 39 system is more broadly
understood, the administrative rules of the Wetland Conservation Act use abbreviated Cowardin
classifications. Throughout the rest of this narrative and on the accompanying graphic, wetlands are first
identified by their Cowardin classifications, and secondly by their Circular 39 Classifications.
COMPREHENSIVE PLAN AMENDMENT AND REZONING
BRANDT PROPERTY - PRIOR LAKE, MN page 2
Description of Wetlands
The site contains all or part of five wetland basins encompassing a total of 4.92 acres and described in
Table 1.
Table 1. Description of delineated wetlands.
Basin
Classification
Square
Feet
Acres
Dominant vegetation
Cowardin
Circ.39
A
PEMBTSS 1B
2/6
55,933
1.28
Reed canary; few willow, dogwood,
sedges, bluegrass
B
PFOIA/PEMB
I112
17,529
0.40
Boxelder, elm, reed canary; few sedges,
wood nettles, elderberry
C
PEMB
2
7,543
0.17
Reed canary; few sedges
D
PEMB
2
118,025
2.71
Reed canary; few sedges, elm,
boxelder, willow
E
PEMB
2
15,600
0.36
Reed canary; few elm, boxelder, green
ash, bluegrass
Basin A is a 1.28 -acre Palustrine emergent saturated/Palustrine scrub -shrub broadleaf deciduous saturated
(PEMB/PSS 1 B; Type 2/6 wet meadow /shrub swamp) wetland dominated by reed canary grass with a few
sedges. Red osier dogwood mixed with elm and boxelder predominates on the west side of the basin and a
few black willow are present toward the north end. Soil probes reveled I8 inches of black silty clay loam
with saturation but no mottling or gleying in the lower profile.
Basin B is an 0.40 -acre Palustrine forested broad -leaf deciduous temporarily flooded/Palustrine emergent
saturated (PFO IA/PEMB; Type IL12 bottomland hardwoods/wet meadow) wetland dominated by boxelder
elm in the forested zone along Pik-. Lake Trail, with reed canary grass and a few sedges is where the
drainage continues northwest through agricultural field. Soils included dark gray to black sandy loam to
loam with no mottling or gleying with 18 inches of the surface but with saturation and some running
surface water.
Basin C is an 0.17 -acre Palustrine emergent saturated (PEMB; Type 2 wet meadow) wetland dominated by
reed canary grass with a few sedges and having black silty clay loam soils. Much of this basin and part of
Basin E was mowed and harvested for hay after wetland stakes were located by surveyors. Consequently,
all wetland boundary stakes do not remain in their original location.
Basin D is 2.17 -acre Palustrine emergent saturated (PEMB; Type 2 wet meadow) wedand dominated by
reed canary grass with a few sedges, and with elms and boxelders along the edges. Soils included dark
gray to black silty clay loam with brown and light gray mottles present at a depth of 14 inches.
COMPREHENSIVE PLAN AMENDMENT AND REZONING
BRANDT PROPERTY - PRIOR LAKE, MN Page 5
Basin E is an 0.36 -acre Palustrine emergent saturated (PEMB; Type 2 wet meadow) wetland dominated by
reed canary grass with a small amount of Kentucky bluegrass and with elm, boxelder, and green ash along
the south and west sides and with dark gray to black silty clay loam soils.
Reeulatory Jurisdiction
All wetlands on the site fall under the jurisdiction of the Minnesota Wedand Conservation Act of 1991
(administered by the City of Prior Lake in conjunction with the Prior Lake - Spring Lake Watershed
District) and Section 404 of the Federal Clean Water Act (administered by the U.S. Army Corps of
Engineers). Because all wetlands on the site are considered isolated for Corps of Engineers pemtitting
purposes, up to one -half acre of these basins could be filled without pre- discharge notification to the Corps
and without wetland replacement. However, at the Wetland Conservation Act will require 2 to I
replacement for wetland fill if the amount of fill exceeds 400 square feet. The site does not contain any
DNR protected wetlands, waters, or watercourses.
Methodoloev
Significant trees within the site were inventoried according the methods agreed to by Westwood
Professional Services and the City of Prior Lake. With few exceptions, these methods followed the Tree
Preservation Guidelines adopted by the City of Pagan. The minimum size of healthy trees considered
significant varied by species based or the following table. The diameter of each significant tree was
measured to the nearest inch at breast height (4.5 feet above the ground, high side of tree) and the diameter
and species was recorded on an aluminum tag attached to the tree with a double- headed 6- penny nail.
Each tagged tree was also tied around the trunk with orange flagging. Tagged trees were located by land
surveyors to prepare the accompanying graphic. In cases where the tree had more than one stem due to
suckering as a sapling, only the largest of the significant multiple stems was tagged and recorded. In cases
where the leading bole of the tree was broken off in a manner that substantially disfigured the tree's growth
form, the tree was net considered significant and was not tagged or located. All tree species meeting the
minimum dimensions given in the following table are listed by species in that table, no other tress of
significant size were located.
COMPREHENSIVE PLAN AMENDMENT AND REZONING
BRANDT PROPERTY - PRIOR LAKE, MN %age 6
Table Z Minimum dimensions of trees considered significant.
Common name
Scientific name
Minimum dimension of
significant trees
American basswood
Tilia americana
8" dbh (diameter breast height)
American elm
Uhnus americana
8" dbh
Bittemut hickory
Carya cordifomtis
8" dbh
Black cherry
Primus serouna
8" dbh
Black willow
Salix nigra
12" dbh
Boxelder
Acer negundo
12" dbh
Eastern cottonwood
Populus deltoides
12" dbh
Green ash
Fraxinus pennsylvanica
8" dbh
Hackberry
Celtis occidentalis
8" dbh
Red cedar
Junipems virginiana
IT height
Red oak
Quercus cobra
8" dbh
Siberian elm
Ulmus pumila
8" dbh
Sugar maple
Acer saccharum
8" dbh
Trembling aspen
I Populus tre miloides
1 8" dbh
W u r.
402 significant trees were tagged on the site. The general character of wooded areas (including species
composition and general size range) has been inventoried below and illustrated on the accompanying
graphic.
Table A Summary of significant trse inventory results.
Common name
Scientific name
Number
8 -12" dbh
Number
> 12" dbh
American basswood
Tilia amencana
16
19
American elm
Ulmus americana
126
15
Bittemut hickory
Carya cordiformis
1
Black cherry
Pnmus serotma
Black willow
Salix mgrs
2
Boxelder
Acer negundo
18
81
Eastern cottonwood
Populus deltoides
Green ash
Fraxinus pennsylvanica
7
3
Hackberry
Celtis occidentatis
1
1
Red cedar
Juniperus virgimana
1
Red oak
Quercus rubra
1
4
Siberian ehn
Ulmus pumila
28
14
Sugar maple
Acer sacchamm
44
17
Trembling
Populus tremuloides
1
12
COMPREHENSIVE PLAN AMENDMENT AND REZONING
BRANDT PROPERTY - PRIOR LAKE, MN ?age 7
TOPOGRAPHY
Topographic mapping for the site showing two-foot contours was obtained from the City of Prior Lake by
Wensmann Homes. Analysis of this topography identified six areas where slopes that or exceed the 20
percent steep slope criterion specified by the City of Prior Lake. These areas range in size from 0.27 to
1.34 acres and encompass a total of 3.67 acres. It should be toted that the accuracy of this topographic
mapping has not been chocked or confirmed in the field by bad surveyors. Some minor deviations berwom
this mapping and actual topographic conditions may exist.
COMPREHENSIVE PLAN AMENDMENT AND REZONING
BRANDT PROPERTY - PRIOR LAKE, MN Page S
Westwood Piolesvoral $ernces. Irc
Legal Descriptions
C -I Z wing:
16180 Tank H., 5
Eden Prmne. MN 55344
612 9375150
FAX 612937 5822
That part of the Northeast Quarter of the Northwest Quarter of Section 26, Township 115, Range 22, Scott
County, Minnesota lying westerly of the following described line:
Commencing at the northeast comer of said Northeast Quarter of the Northwest Quarter, thence
westerly, along the north line of said Northeast Quarter of the Northwest Quarter, a distance of 670.53 feet,
to the actual point of beginning of the line to be described; thence southerly, parallel with the east line of
said Northeast Quarter of the Northwest Quarter, a distance of 552.00 feet; thence southwesterly, to the
southwest comer of said Northeast Quarter of the Northwest Quarter, and said line there terminating.
1 -I Zoning:
That part of the Northeast Quarter of the Northwest Quarter of Section 26, Township 115, Range 22, So=
County, Minnesota lying easterly of the following described line:
Commencing at the northeast comer of said Northeast Quarter of the Northwest Quarter, thence
westerly, along the north line of said Northeast Quarter of the Northwest Quarter, a distance of 670.53 feet,
to the actual point of beginning of the line to be described; thence southerly, parallel with the east lice of
said Northeast Quarter of the Northwest Quarter, a distance of 552.00 far thence southwesterly, to the
southwest corner of said Northeast Quarter of the Northwest Quarter, a said line there terminating.
NO
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Zoning
Rezoning
Ekanar Property, Prior Lake, MN
Ykf -��
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� y
AGENDAITEM:
SUBJECT:
PRESENTER:
PUBLIC HEARING
DATE:
2
CONTINUATION OF PRELIMINARY PLAT AND
REZONING HEARING FOR WESTBURY PONDS
FIRST ADDITION
HORST W. GRASER, DIRECTOR OF PLANNING
YES _NO
DECEMBER 16,1993
INTRODUCTION: On November 18, 1993, the Planning Commission
conducted a Rezoning and Preliminary Plat hearing for
Westbury Ponds. Staff suggested, and the Planning
Commission agreed, to continue both hearings in order to
provide City Staff and other agencies additional time to
review the applications.
DISCUSSION Attached to this packet please find the planning report
which introduces the preliminary plat and rezoning. This
replat and rezoning is an effort by the City of Prior Lake,
School District 719, and Westbury Development
Corporation, to be responsive to the objectives and needs of
each. Although the Planning Commission did not take final
action of the petition, those in attendance had no objections
to the proposals. Attached please find memorandums from
Bill Mangan and Bruce Loney commenting on the replat of
Westbury Ponds.
A T .RI F N� ATiVF.
1. Continue the plat and rezoning to a date certain.
2. Deny the plat and rezoning request.
3. a) Approve Resolution 93 -13PC, approving the
Preliminary Plat of the First Addition to
Westbury Ponds.
b) Approve Ordinance No.93 -29, approving the
zoning change of 1.235 acres of land from
C -1 to R -1 Urban Residential.
4629 Dakota St. S.E., Prior Lake, Minnesota 55372 / Ph. (612) 447 -4230 / Fax (612) 447 -4245
AN EQUAL OPPOFUUMTY EMPLDYER
/ -
U � �
\ / / \\
RESOLUTION 93 -13PC
RESOLUTION OF THE PRIOR LAKE PLANNING COMMISSION TO APPROVE THE
PRELIMINARY PLAT OF THE FIRST ADDITION TO WESTBURY PONDS.
MOTION BY:
SECOND BY.
WHEREAS,
the Prior Lake Planning Commission conducted a Public Hearing on the
18th day of November 1993, to consider a petition submitted by Jim Allen
of Westbury Development Corporation, to approve the preliminary plat of
the First Addition to Westbury Ponds; and
WHEREAS,
notice of the hearing on said motion has been duly published and posted in
accordance with the applicable Minnesota Statutes; and
WHEREAS,
the preliminary plat is consistent with the Comprehensive Plan; and City
Council Resolution 93 -34; and
WHEREAS,
the preliminary plat will result in a design that benefits School District
719, the City of Prior Lake and Westbury Development Corporation; and
WHEREAS,
the preliminary plat is consistent with the requirements of the Zoning and
Subdivision Ordinances of Prior Lake.
NOW, THEREFORE, BE IT RESOLVED BY THE PRIOR LAKE PLANNING COMMISSION
AS FOLLOWS THAT IT RECOMMENDS APPROVAL OF THE PRELIMINARY PLAT OF
THE FIRST ADDITION TO WESTBURY PONDS, SUBJECT TO:
1. Additional grading work may be necessary in the proposed park area to function
for the park purposes. Bill Mangan, Director of Parks & Recreation, should
provide input as to the park needs and this necessary grading.
2. The storm st -wer from Willow Wood Circle to Five Hawks Avenue street and
storm sewer system can handle the additional drainage area.
3. The developer needs to provide the necessary sanitary sewer, watemtain, storm
sewer, and drainage easements on the plat.
4. Willow Wood Street has a median shown near the Five Hawks Avenue
4629 Dakota St. S.E., Prior Lake, Minnesota 55372 / Ph. (612) 4474230 / Fax (612) 447 -4245
AN EQUAL OPPORn1NnY EMPLOYER
intersection. The developer will be responsible for necessary striping and signing
as required by the City Engineer.
5. Five Hawks Avenue has a five (5) foot concrete sidewalk along the west side. Per
the new sidewalk policy, the developer should delineate the crosswalk in the street
by either brick pavers or by stamped colored concrete.
6. The sanitary sewer and storm sewer lines along Lot 1, Block 5, should be located
in the City park acceptable to the City Engineer.
7. All major drainage swales need to be sodded or a wood fiber blanket must be
installed to prevent erosion.
8. An as -built grading plan should be provided to the City Engineer prior to final
plat approval of the Westbury Ponds 2nd Addition.
9. Storm sewer and sanitary sewer easements will be needed in lot areas.
10. The storm sewer from Willow Wood Circle to Five Hawks Avenue can be
eliminated if determined that the drainage flow can be handled on Five Hawks
Avenue.
11. On Simpkins Circle, an 8" watermain needs to be extended to the plat line to
connect with Westedge Estates.
12. The design of the median at Willow Wood Street and Five Hawks Avenue and the
street section at this location must be acceptable to the City Planner prior to final
plat approval.
13. Rim and invert elevations are missing for storm sewer pipe in Lots 22 & 23,
Block 4.
14. The City of Prior Lake pay for the sidewalk in Simpkins Circle.
Passed and adopted this 16th day of December, 1993.
YES
NO
Roseth
_ Roseth _
Arnold
_ Arnold _
Loftus
_ Loftus _
Greenfield
_ Greenfield _
Vonhof
_ Vonhof _
Horst W. Graser
Director of Planning
0 hkr�J
k
ta i. >'e INTEROFFICE MEMORANDUM
TO: ' HORST GRASER, DIRECTOR OF PLANNING
FROM: BRUCE LONEY, ASSISTANT CITY ENGINEER
SUBJECT: PRELIMINARY PLAT REVIEW - WESTBURY PONDS 2ND
ADDITION
DATE: DECEMBER 3, 1993
The following comments are in regard to the above referenced preliminary plat as
per the requirements in the Subdivision Ordinance and City policies:
1. Additional grading work may be necessary in the proposed park area
to function for the future park purposes. Bill Mangan, Director of
Parks & Recreation, should provide input as to the park needs and this
necessary grading.
2. The storm sewer from Willowwood Circle to Five Hawks Avenue can be
eliminated if the Five Hawks Avenue street and storm sewer system
can handle the additional drainage area.
3. The developer needs to provide the necessary sanitary sewer,
watermain, storm sewer, and drainage easements on the plat.
4. Willowwood Street has a median shown near the Five Hawks Avenue
intersection. The developer will be responsible for necessary striping
and signing as required by the City Engineer.
5. Five Hawks Avenue has a five (5) foot concrete sidewalk along the west
side. Per the new sidewalk policy, the developer should delineate the
crosswalk in the street by either brick pavers or by stamped colored
concrete.
6. The sanitary sewer and storm sewer lines along Lot 1, Block 5, should
be located in the City park acceptable to the City Engineer.
7. All major drainage swales need to be sodded or a wood fiber blanket
must be installed to prevent erosion.
8, An as -built grading plan should be provided to the City Engineer prior
to final plat approval of the Westbury Ponds 2nd Addition.
4629 Dakota St. S.E., Prior Lake, Minnesota 55372 / Ph. (612) 4474230 / Fax (612) 4474245
M EQUAL QPPQRTUMTY EWLOYER
1. Storm sewer and sanitary sewer easements will be needed in lot areas.
2. The storm sewer from Willowwood Circle to Five Hawks Avenue can be
eliminated if determined that the drainage flow can be handled on Five
Hawks Avenue.
3. On Simpkins Circle, an 8" watermain needs to be extended to the plat
line to connect with Westedge Estates.
1. The design of the median at Willowwood Street and Five Hawks
Avenue and the street section at this location must be acceptable to the
City Engineer. A planting plan needs to be provided acceptable to the
City Planner prior to final plat approval.
2. Rim and invert elevations are missing for storm sewer pipe in Lots 22
& 23, Block 4.
1. Approval of future final plat are contingent upon that the sanitary
sewer, watermain, storm water, and street plans be acceptable to the
City Engineer.
enrem,awm
0 1 V PR /fj
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M E M O R A N D U M
TO: DRC MEMBERS ���
FROM: BILL MANGAN, DIRECTOR OF PARKS AND RECREATION
RE: WESTBURY PONDS, 1ST ADDITION -OPEN SPACE COMME S
DATE: DECEMBER 3, 1993
The First Addition of Westbury Ponds poses some very unique
yet important criteria. First of all, School District #719 needs
to have an additional 5 acres of property in order to construct a
second school on an existing campus. Secondly, the City of Prior
Lake has a need for a neighborhood park facility which the
neighborhood can relate to other than the existing school.
Through negotiations, objectives of the School District, the
City, and the developer have been satisfied.
The City of Prior Lake will receive 4.72 acres of open space
from the developer which is adjacent to existing school property.
This acreage will satisfy the land dedication fox this
subdivision.
The City of Prior Lake will deed this property over to the
school district so that they can have enough land to qualify for
a second building. There are several points to this transaction
that must occur however:
1. The city of Prior Lake needs to control use of the
property so that the objectives of the Comprehensive
Plan will be met - -a neighborhood park serving the
Westbury Ponds neighborhood.
2. A joint powers agreement between ISD# 719 and the City of
Prior Lake needs to be implemented so that the
responsibility for development and maintenance of the
open space can be determined.
3. Trail /walkway locations must be developed so that there
is a safe mode of pedestrian transportation to get to
the school.
One other comment regarding this plat. since the plat has
changed from the original submission, Simpkins Circle no longer
4629 Dakota St. S.E., Prior Lake, Minnesota 55372 / Ph. (612) 4474230 / Fax - l2) 4474245
AN EQUAL OPPORNNrrY EMPLOYER
ties in directly with Simkins Avenue. Staff had
a sidewalk be installed along Simpkins Avenue
pedestrian traffic to the school. With the
Simpkins circle, a sidewalk is now necessary to
Estates and Westbury Ponds along Simpkins Circle
will connect with Willowwood Street allowing for
traffic within the plat.
recommended that
to provide safe
realignment of
tie in Westedge
This sidewalk
safe pedestrian
�3w
CITY OF PRIOR LAKE
ORDINANCE NO. 93-29
AN ORDINANCE AMENDING PRIOR LAKE CITY CODE SECTION 5-2 -1 AND PRIOR LAKE ZONING
ORDINANCE NO. 93-6 SECTION 2.1.
The Council of the City of Prior fake does hereby ordain:
The Prior Lake Zoning Map, referred to in Prior fake City Code Section 5 -2 -1 and Prior fake Zoning Ordinance
No. 83-6 Section 2.1, is hereby amended to change the zoning classifications of the following legally despbty]
property from C -1, Conservation to R -1, Utban Residential.
LEGAL DESCRIPTION:
That part of the Southwest Quarter of Section 2, Township 114, Range 22, Scott County, Minnesota
described as follows:
Commencing at the southwest comer of said Southwest Quarter, thence on an assumed hearing of North 01
degree 06 minutes 07 seconds East along the west line of said Southwest Quarter a distance of 990.50 feet
thence South 88 degrees 53 minutes 53 seconds East a distance of 465.78 feet to die point of beginning of
the land to be described; thence continuing South 88 degrees 53 minutes 53 seconds East a distance of
485.01 feet; thence North 00 degrees 49 minutes 12 seconds East a distance of 165.00 fed; thence South 87
degrees 27 minutes 27 seconds West a distance of 98.81 fed; thence South 80 degrees 15 minutes 37
seconds West a distance of 99.44 feet; thence South 73 degrees 02 minutes 29 seconds West a distance of
99.44 feel: thence South 65 degrees 49 minutes 20 seconds West a distance of 99.44 feet; thence South 58
degrees 42 minutes 08 seconds West a distance of 97.10 feet; thence South 56 degrees 43 mind 30
seconds West a distance of 26.02 feet to the point of beginning.
Containing 1.235 acres.
This ordinance shall become effective from and after its passage and publication.
Passed by the City Council of the City of Prior Lake this _ day of ' 1993.
ATTEST.
City Manager.
To be published in the Prior Lake American on the _ day of , 1993.
Drafted By:
L.ommen, Nelson. Cole & Stageberg, P.A.
1800 IDS Center
Minneapolis. Minnesota 55402
ro �
J T.
PLANNING REPORT
SUBJECT: PUBLIC HEARING - REPLAT OF WESTBURY PONDS PRELIMINARY PLAT
APPLICANT: WESTBURY DEVELOPMENT COOPERATION AND THE CITY OF PRIOR LAKE
PRESENTER: HORST GRASER - DIRECTOR OF PLANNING
DATE: NOVEMBER 18, 1993
PUBLIC
HEARING: YES
F
Westbury Development Corporation, the City of Prior Lake and School District
719 have combined their efforts and agreed to a revised design of the
preliminary plat of Westbury Ponds. The proposed revised design will further
the objectives and be fiscally beneficial to the above- referenced
participants. Although Westbury Development Corporation (WBC) is the
applicant, the City of Prior Lake staff will be responsible for processing
the application (see attached application for reference) The application is
being processed in accordance with Section 6 -3 -2 of the Prior Lake
Subdivision Ordinance. It is anticipated that Westbury Development
Corporation will seek final plat approval after the preliminary plat has been
revised.
In addition to the preliminary plat revision, the applicant is seeking a
rezoning from C -1 Conservation to R -1 Single Family Residential for 1.235
acres of school district property. The school district will deed this
acreage to Westbury Development Corporation which, in turn, will deed the
same acreage exception, on the preliminary plat, to the school district.
This land exchange is critical to improving the efficiency of the plat and
to maintain the 20 acre, mandatory minimum school site.
BACKGROUND
The Planning Commission approved the preliminary plat of Westbury Ponds on
3 -4 -93 and the City Council on 5- 17 -93. (Attached please find Council
Resolution 93 -34 and the approved preliminary plat of Westbury Ponds. The
planting plan document was also included since the preliminary plat is more
legible.)
During the platting process, staff became aware of the benefits of a
redesigned preliminary plat. The idea was discussed with Dr. Sonnabend and
Bill Schmokel (School Board) who both thought the idea should be pursued.
Unfortunately, the developer was too far along in the platting process and
did not want to be delayed to incorporate a new design. To keep the idea
alive and on record, School L strict 719, the City of Prior Lake and WDC
entered into a letter of understanding dated April 1, 1993 (attached). The
design alternative was presented and discussed at both the Planning
Commission and Council hearings.
4629 Dakota St. S.E., Prior Lake, Minnesota 55372 / Ph. (612) 4474230 / Fax (612) 4474245
AN EQUAL OPPORTUMfY EMPLOYER
The site data for the existing and proposed plats is identical, only the
design, legal description and park dedication have changed. The current
dedication is 2.7 acres of park versus 6.72 acres in the proposed plat. The
area and density remains the same.
The design is also more r6spectful of future residents living in block 6.
Willow Wood Street was moved 30 feet to the north, allowing for a greater
_
setback i'c ,+si, S n •' . -.
ad stackl.'.y .. ,, ata..c .�-
th a
Ave. and STH 13. The park will have less exposure + ction of Fi Ha
to Simpkins Avenue,
however, it is a greater land mass and acceptable to the park director.
As per city requirement, sidewalks will be installed the entire length of
Willow Wood Street and on Simpkins Avenue from Willow Wood to the northern
property line of the park. A sidewalk was required within the plat of West
Edge Estates which is to connect to the sidewalk in Willow Wood Street.
However, the current preliminary plat does not require sidewalk in Simpkins
Circle, which would produce a gap in the system. The grading plan (attached)
does indicate a sidewalk in Simpkins Circle at the request of the City, but
the developer has stat<d he will not pay for it. 2r.3er the circumstances,
either the City or School District should pay for this section.
Due to circumstances beyond the control of staff, the plat documents were
delivered to Ciry Hall only Monday afternoon. This short review period may
have inconvenienced those agencies and people responsible for review. The
Planning Commission may consider continuing these hearings if circumstances
demand it.
ALTEBN
1. Continue the plat and rezoning to a date certain. -
2. Deny the plat and rezoning request.
3. Approve the preliminary plat of First Addition to Westbury Ponds
subject to:
a. The requirements of the City Engineer relative to the design for
sanitary sewer, water, storm sewer and grading.
b. The City of Prior Lake pay for the sidewalk in Simpkins Circle.
Approve the rezoning of 1.235 acres.
Attached please find Resolution 93 -13PC approving the preliminary plat and
ordinance number 93 -29, amending the zoning map.
WESTBURY
PONDS
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PROPOSM RE MMMM OF •�
IMS ACFMS FROM C i 70/
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28.7 /
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FrvE HAWKS
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ELEMENTARY SCHOOL
PROPOSM RE MMMM OF •�
IMS ACFMS FROM C i 70/
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28.7 /
AMICATION FOR THE SUBDIVISION OF LAND 25 -902 -102 -0
WIMIIN ZHE CITY OF PRIOR LAKE
Property Owner: Westbury
Development Cori).
Pho 894 -1888
Address:
12433 Princeton Avenue South, Savage
MN 5 378
Subdivider:
Jim Allen,
Tom Kearney
Phone: 894 -1888
Address:
Jim Allen,
4818 McCall Drive.
Savage, MN 55378
Agent:
N/A
Phone: Same
Address:
N/A
Name of Surveyor: Ron Swanson Pho 447 -2570
Name of Engineer: Steve Harvey Ph one: 832 -9475
Legal Description Of Property: See attached Legal Descriptions
Property Idenification Number (PM):
Present Zoning R - Urban Resident Property Acreage: 28.7 Acres
Deed Restrictions: No Yes_ If so, please attach.
Has the Applicant previously sought to plat, rezone, obtain a variance or
conditional use permit on the subject site or am part CL it:
No Yes -- !L What was requested: Subdivising of Wtbury Ponds
wh en: 8 -16 -93
I have read the Prior Lake Subdivision Ordinance and agree to provide the
inf rmation and do the work in accordance with the provisions of the ordinance.
�W / 6 1
scants Signature - om Date
Same-
- Fee Owners Signature Date
MIS SECTION TO BE FIIJAD IN Sr THE PLAMM DIRECTOR
•. 1 . it ,A is
am OF BERIM
me OF RBARM
ODNDPPIONSn
4� t.
Signature of the Planning Director Date
That part of the Southwest Quarter of Section 2, Township 114, Range 22, Scott County, Minnesota
described as follows:
Commencina at the southwest corner of said Southwest Quarter; thence on an assumed bearing of North 01
degree 06 minutes 07 seconds East along the west line of said Southwest Ouarter a distance of 990.50 feet;
thence South 88 degrees 53 minutes 53 seconds East a distance of 465.78 feet to the point of beginning of
the land to be described; thence continuing South 88 degrees 53 minutes 53 seconds East a distance of
485.01 feet; thence North 00 degrees 49 minutes 12 seconds East a distance of 165.00 feet; thence South
87 degrees 27 minutes 27 seconds West a distance of 98.81 feet; thence South 80 degrees 15 minutes 37
seconds West a distance of 99.44 feet; thence South 73 degrees 02 minutes 29 seconds West a distance of
99.44 feet; thence South 65 degrees 49 minutes 20 seconds West a distance of 99.44 feet; thence South 58
degrees 42 minutes 08 seconds West a distance of 97.10 feet; thence South 56 degrees 43 minutes 30
seconds West a distance of 26.02 feet to the point of beginning.
AND
Outlot B, Westbury Ponds, except for that part of Outlot B Westbury Ponds, Scott County, Minnesota described as
follows:
Commencing at the southwest corner of the Southwest Quarter of Section 2, Townshp 114, Range 22, Scott
County, Minnesota; thence on an assumed bearing of North 01 dagree 06 minutes 07 seconds East along
the west line of said Southwest Quarter a distance of 990.50 feet; thence South 88 degrees 53 minutes 53
seconds East a distance of 52.44 feet to the point of beginning of the land to be descrbed; thence
continuing South 88 degrees 63 minutes 53 seconds East a distance of 98.34 fast to the oat One of said
Outlot 8; thence North 01 degree 06 minutes 07 seconds Eat along the out One of said Clu0ot 8, a
distance of 552.00 feet to the north One of said Outiot 8; thence South 95 degrees 21 minutes 00 seconds
West along said north line a distance of 99.84 feet to Os Intersection whit a One drawn North 01 degree 00
minutes 07 seconds East from the point of beginning; thence South 01 degree 06 minutes 07 seconds West
a distance of 542.09 feet to the point of beginning.
CITY, OF PRIOR LAKE
APPLICATION FOR REZONII, 4
y
Applicant:__ Prior Lake - Savage School District 719:
Address:_ 5300 West .Wood Drive S.E., PO Box 5391 Pi
Hare Phone:_ Abrk Phorp
Property Ohmer• Dr. Les Sonnabend r; hone � s?�^'
Address: S uperintendent : of. Schools :: g�gy a;:;q
Consultant-
Address- ne
Location of proposed rezoning See attached Legal"
C -1, Conservation
Present Zoning: A Proposed,;
Property Acreage ..Existing use ff� ;�
to be rezoned: 1.235 - -acres } -`of Property: Se115,
Intended use(s) of property: Single Fam ly.Homes
Peesons for Rec:uest:_ Th School Dist needs additional
Deed Restrictions: X Ib Yes If so, please attact
Has the Applicant previously sought; to plat, rezone, abtai
use permit on the subject site or , any pact of it:N W.
& Property Identific
necessary. (E)Fifteen
sharing existing and
site and within three
pertinent. (G)Certif
owners within 300 feet
property.
ONLY COMPLETE A.PPLICAT
To the best of mkt know
addition, I have c
requirements for'.
M 5
. ,
That part of the Southwest Quarter of Section 2, Township 114, Range 22, Scott County,
Minnesota described as follows:
Commencing at the southwest comer of said Southwest Quarter; thence on an assumed bearing
of North 01 degree 06 minutes 07 seconds East along the west line of said Southwest Quarter a
distance of 990.50 feet; thence South 88 degrees 53 minutes 53 seconds East a distance of
465.78 feet to the point of beginning of the land to be described; thence continuing South 88
degrees 53 minutes 53 seconds East a distance of 485.01 feet; thence North 00 degrees 49
minutes 12 seconds East a distance of 165.00 foci; thence South 87 degrees 27 minutes 27
seconds West a distance of 98.81 feet; thence South 80 degrees 15 rninutes 37 seconds West a
distance of 99.44 feet; thence South 73 degrees 02 minutes 29 seconds West a distance of 99.44
feet; thence South 65 degrees 49 minutes 20 seconds West a distance of 99.44 feet; thence
South 58 degrees 42 minutes 08 seconds West a distance of 97.10 feet; thence South 56
degrees 43 minutes 30 seconds West a distance of 26.02 feet to the point of beginning.
Containing 1.235 acres.
PRI
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\�4�ul�elHy
AGENDAITEM:
3
SUBJECT:
NEDEGAARD CONSTRUCTION CO. VARIANCE
SITE ADDRESS:
14917 & 14919 WILDS PARKWAY
PRESENTER:
HORST W. GRASER, DIRECTOR OF PLANNING
PUBLIC HEARING
_YES ENO
DATE:
DECEMBER 16,1993
INTRODUCTION:
The Planning Department has received a variance request
from the above referenced applicant to construct three
villas on Lot 2, Block 5, The Wilds. The variances being
applied for are from those standards that were incorporated
in The Wilds PUD and approved on October 22, 1993 (see
attached Exhibit A).
The variances being requested are; ten (10) feet, eight (8)
inches, for Unit 2D, and seven (7) feet, two (2) inches, for
Unit ID.
PREVIOUS PROPOSALS:
There are no previous proposals on record for this newly
planned and subdivided land. The Wilds (PUD 9 -93), was
approved on October 22, 1993. As of this date, construction
of units has not begun.
ADJACENT USES:
it is difficult to evaluate this application without the benefit
of the entire 4.5 acre villa site plan (see attached Exhibit
B). The PUD development plan for this 4.5 acre site
indicates villas as the only permitted use. Pages 43 of the
PUD text outlines the lot and yards requirements for villas
(see Exhibit A). Normally townhouse sites are platted into
one large lot and later redivided based on either asite plan
or an actual foundation plan. The developer of the 16 villas
generated a site plan between the preliminary and final plat
stages of platting. Each of the villa clusters wen platted as
lots on the final plat (see attached plat of The Wilds). Tns
would permit future subdivision and sales of individual lots
versus involving the entire 4.5 acres.
The development concept for these units which range in
price from one half to three quarter of a million dollars is
unique. According to the developer, units is this prix range
4629 Dakota St. S.E., Prior lake, Minnesota 55372 / Ph. (612) 4474230 / fax (612) 4474245
AN EQUAL OPPOOL[W Y 04WYER
demand design flexibility to accommodate individual taste.
The market reaction to these units has been very favorable
resulting in the sale and proposed construction of the first
cluster. However, the principle design change by buyers is
to enlarge the units resulting in a rear yarn setback
problem. The side yard or building separation is established
at fifteen (15) feet.
PHYSIOGRAPHY: The majority of the 16 units will be walkouts to the east.
The property slopes from the south to north with a wetland
in approximately the center of the 4.5 site. The villas will
overlook the 18th fairway and tee. However, the two closer
tee boxes are only 87 feet form the rear of the units which
may lead to land use conflict. The applicant should discuss
this relationship with the Planning Commission in greater
detail.
The issue in this application is to establish the relationship
between the the living environment of the villas and the
active recreation use of the golf course. The paramount
question, is there a need for private open space for the
exclusive use of the residents of the villas that is located
between the villas and the golf course. The applicant, who
is more qualified than Staff in this matter should discuss
this in greater detail. The rear rroperty line in this case will
define the common open spa, ; between the villas and golf
course.
In most conventional platting situations setbacks establish
the spacing between homes and the amount of open space
along the common rear property line. However, in most
cases where homes abut a natural feature, steep slopes or
open space, common sense, and perhaps a desire of the
individual for a dramatic and unusual involvement is the
best gauge for the setback relationship in these situations.
Since the villas and golf course are man -made uses created
by the developer, perhaps it should be the developer who
decides the relationship.
Unfortunately, the larger villas situation presented itself
after the development plan was in place. If the development
plan can be adjusted to accommodate the market condition
and maintain the health and safety of the future residents of
the neighborhood, then the Planning Commission should
consider the variances. After all, the adjustment is going in
the right direction. It is not uncommon to have a number of
development plan amendments to adjust to actual market
conditions. The developer of The Wilds has also filed for a
PUD amendment to decrease the tear yard setbacks for
units along the fairways. The hearing will take place the
first Thursday in January.
A.IFzE3 ADYIS:
1. Approve the variances as requested.
2. Deny the application.
3. Continue the hearing for specific information.
Alternative 1.
Bedegaard construction Company, Inc. Attn: David Bevan
Add 1814 Borthdale Blvd., Coon Rapids IU 55448 Nor.< Phone• 751 -2926 - --
Proc erty Owner: Applicant has the property under contract _ Home -hone;
Address: Work Phone:
Tire �:f Cwrership: Fee Contract • Purchase AgrFenent_
Consultant /Contractor: Phone:
Existira use
of Property: vacant Present Zoning: PW
Legal Description
Of Variance Site: Lot 2 Block 5, The Yilds
Variance Requested: To be able to construct decks up to the rear property line
Has the acolicant previously sought to plat, rezone, obtain a variance or ccrditicral
use cermit on the subject site or any tart of it? Yes a No
That was requested:
when: Disoosition:
Describe the type of improverents proposed: Construction of patios. see Attached
SJBMISSIONRFX)UIREMENTS
(A)Ccmpleted application form. (B)Filing fee. (C)Property Survey indicating the
proposed development in relation to property lines and/or ordinary - high-water mark,
proposed building elevations and drainage plan. (D)Certified from abstract firm,
names and addresses of property owners within 100 feet of the exterior boundaries of
the subject property. (E)Complete legal description & Property Identification Number
(PID) . (F)Deed restrictions or private covenants, if applicable. (G)A parcel -rep
at 1 '- 20' -50' showing: The site development plan, buildings: parking, loading,
access, surface drainage, landscaping and utility service.
ONLY COMPLETE APPLICATIONS SHALL BE ACCEPTED AND REVIEWED BY TF.E PLANNING CCKUSSICN.
To the best of my knowledge the information presented on this form is correct. .-n
addition, r have read Section 7 .6 of the Prior Lake Zerine Ordinance which specifies
reeuirenenrs for variance procedures. I ac_ * wide L--formation and follow tie
procedures as outlined in the Ordinance. q
' �l I��t. -- 0.P
dpplicaRts Signature
Submitted this 12"�ay of Naw.i+� 1953
Fee Owners Signature
THIS SPACE IS IO BE FILLED ODT BY THE PIADAIING DIRECTOR
PIYANNIING CCWISSION
CITY COUNCIL APPEAL
APPROVED DENIED
APPROVED DENIED
DATE OF HEARING
rATE OF HF.ARI-NG
CDMITTONS:
Description of Improvements:
An application will be filed shortly to administratively
subdivide this lot to accomodate the three "villa" homes
described in the attached exhibit. The patios are raised
about six feet above the ground with steps down to the
yard. All three of these homes back onto the 18th fairway.
As a result, there are no other neighboring homes which
will be affected. We also have under contract the balance
of Block 5. The three patios will be the following
distance from the rear lot line:
Unit 1D 18 feet 8 inches
Unit 2D 8 feet 10 inches
Unit 3D 12 feet 9 inches d °k'e �u /`►3
EGAAQD CUSTOM HOMES
(HDALF 81 VD. COON PAPIDS. MN 55448 16121 757 -2928 FAX 757 -0649
November 26, 1993
Mr, Horst Graser
Planning Director
City of Prior Lake
4629 Dakota Street SE
Prior Lake, Minnesota 55372
Re: Lot 2, Block 5, The Wilds
Dear Mr. Graser:
As you are aware, we have previously made application for a
variance from the back lot setback on the above parcel. since
the time we made the initial application our architects have
done further work on this lot and have now concluded that we
need a 9 foot 4 inch setback on Unit 2D an a 12 foot 10 inch
setback on Unit 3D. There is no need for a variance of a
setback on Unit 1D. For your reference I have enclosed a copy
of the revised lot placement. If you should have any questions,
please do not hesitate to contact me.
ince ly yours,
i Newman
Vice President
DPN /ja
Enclosure
.. A DIVISION OF NEDEGAARD UCFION COMPANY, INC.
LI NO . . 00 00020
L
EXHIBIT A
D. y11a Homesites: Single - family attached and single - family detached structures
intended for individual lot ownership which may include golf villas, club villas,
corporate villas, etc.
Permitted Uses
- Minimum Lot Size
- Maximum Building Height
- Minimum Front Yard if Abutting
Arterial Street
Single- family residential,
single- family attached residential
2,200 sq.ft.
35 ft.
50 ft. from ROW line
- Minimum Front Yard if Abutting
Public /Private Street
- Minimum LAL Width'
- Minimum Lot Depth
- Minimum Rear Yard
- Minimum Side Yards of Buildings
- Minimum Separation between Buildings
- Maximum Number of Attached Units
- Minimum Off - Street Parking per DU
25 ft. from ROW/
roadway easement
22 ft. (at building line)
100 ft.
20 ft.
7-5 ft.
15 ft.
8 units
2 spaces
Cul-de -sac, pie shaped and flag lots will have a less than minimum width
measured at building lines.
NOTE: No construction on, or alteration of, any land within a sensitive land
easement will be allowed.
Other Reauir m n s : It is intended that a preliminary and final plat will be
submitted for the residential development areas that are consistent with the
concepts and development standards set forth above. Additional requirements
or modifications may be established by the Prior Lake Planning Commission and
Prior Lake City Council pursuant to their review.
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AGENDA TIEM:
SUBJECT:
PRESENTER:
PUBLIC HEARING
DATE:
4
PUBLIC HEARING TO CONSIDER AMENDING THE
ZONING AND SUBDIVISION ORDINANCES TO
INCORPORATE DRIVEWAY STANDARDS.
DEB GARROSS, ASSISTANT CITY PLANNER
$YES —NO
DECEMBER 16, 1993
INTRODUCTION•
The purpose of this public hearing is to consider a proposed amendment to the Prior Lake City
Code, Zoning and Subdivision Ordinances. The proposed amendment would incorporate
minimum driveway standards related to surface requirements, slope and setbacks. The
Ordinance is intended to apply to all new residential construction.
_DISCUSSION•
The attached draft Ordinance 94-02 is a result of recommendations from the Building Inspection
and Engineering Department. The City of Prior Lake has no formal policies or guidelines related
to driveway improvements. Problems have occurred related to drainage, erosion, and
interference with existing easements because there are no adopted standards.
Building Inspection and Engineering staff have implemented the proposed slope standards for
new construction permits. However, it is their recommendation that this Ordinance be adopted
in order to advise people of the requirements prior to filing a building permit. The proposed
Ordinance contains a provision in the Subdivision Ordinance which would require land
developers to address driveway location, slope and setback on subdivision grading plans.
Attached find a copy of a memo from Bruce Loney and Gary Sieber outlining why driveway
surface, slope and setback standards should be adopted, and survey information gathered from
adjacent communities. Please note that the Ordinance is intended to apply to new subdivisions
as well as existing lots of record. The Ordinance must provide some flexibility for Staff to
accommodate unique topographical features and existing conditions. Therefore, provision M6 was
added to allow the City Engineer the opportunity to alter slope requirements.
I. Recommend that the City Council adopt Ordinance 94-02 as submitted
2. Table or continue discussion of this item for specific information.
4629 Dakota St. SE., Prior Lake, Minnesota 55372 / Ph (612) 4474230 / Fax (612) 4474245
A.` EQUAL OPPOKIMrry UAP[O Ea
3. Recommend that the City Council deny the Ordinance based upon finding that it is
inconsistent with the intent of the Zoning and Subdivision ordinances and
Comprehensive Plan.
The Development Review Committee, (DRC) reviewed attached Ordinance 94 -02 and
recornmends that it be adopted as written or wA changes as per direction of the Planning
Commission.
CITY OF PRIOR LAKE
ORDINANCE 94-_
AN OPDINAN ^•E AMENDING PRIOR LAKE CITY CODE SECTION 6 -7 -3 AND PRIOR
LAKE SUBDIVISION ORDINANCE 87 -10 SECTION 6 -7 -3, AND PRIOR LAKE ZONING
ORC44ANCE 83 -6, SECTION 4.1.
The Prior Lake Zoning Ordinance is hereby amended to add the following requirements
relative to driveway installation.
4.1 (P) DRIVEWAYS: The provisions of this section shall apply to all building
permits for new construction of residential units.
1. Driveways shall be setback at least five (5) feet from the side yard
property line.
2. The vertical profile for a driveway shall not exceed ten (10) percent
maximum slope.
3. The garage slab shall be constructed at an Cavation that will
permit a driveway with a minimum slope of eighteen (18) inches
above the top of curb.
4. Driveways shall be surfaced with bituminous, concrete or other
hard surface material, as approved by the City Engineer.
5. The minimum comer clearance from the street right-of-way fine
shall be at least thirty (30) feet to the edge of the driveway.
6. Under unique circumstances where unusual topography or existing
conditions prohibit compliance with Items (2 and/or 3), the City
Engineer may approve a driveway with a slope exceeding ten (10)
percent and/or construction of said garage slab less than eighteen
(18) Inches above the top of curb.
The Prior Lake Subdivision Ordinance is hereby amended to add the following
requirements relative to driveway required Improvements:
6 -7 -3: DRIVEWAYS: The provisions of th': section shall apply to all
residential subdivisions.
(A) The subdivision grading plan shall Indicate the location, slope and
setback for all driveways within the proposed subdivision, and
according to the requirements of the Zoning Ordinance.
This ordinance shall become effective from and after its passage and publication.
Passed by the City Council of the City of Prior Lake this __ day of , 1994.
ATTEST:
City Manager: Mayor:
To be published in the Prior Lake American on , and , 1994.
Drafted By:
Lommen, Nelson, Cole & Stageberg, P.A.
ISC^ IDS Center
Minneapolis, Minnesota 55402
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HERITAGE
1891
I N T E R O F F I C E
COMMIINUY
1991
M E M O R A N D U M
TO: GARY STABER, BUILDING OFFICIAL
FROM: RULE LONEY, ASSISTANT CITY ENGINEER
SUBJECT: . 'PROPOSED DRIVEWAY ORDINANCE
DATE: FEBRLARY 12, 1992
This memorandum is in regard to our meeting on i proposed
subdivision ordinance change on driveways for residential
property. The following comments are my recommendations for
driveway construction on residential lots:
The vertical profile for a driveway should be a 10%
maximum slope for at least ten (10) feet from the curb
to prevent cars from scraping on the street /driveway
pavement. After the initial. ten (10) feet from the
curb, the driveway slope can be increased to 15% maximum
which is the maximum slope recommended, by MnDOT design
manual. A vertical driveway profile is attached to this
memorandum.
A five (5) foot setback from lot lines allows drainage
swales to be installed on the lot line versus using the
driveway as the swale.
A hard surfaced driveway should be required at the time
of occupancy versus at a later time at the residents
convenience. The erosion of sand and gravel base into
the street would then be minimized. The subdivision
ordinance requires the front yard to be sodded and the
normal construction procedure is to install the driveway
pavement first and then sod the yard adjacent to the
driveway. Driveway paving could be delayed due to
winter weather circumstances; however, the driveway
pavement should be required as soon as practical in the
next construction season.
The minimum corner clearance from the street
right -of -way line should be at least thirty (30) feet
to the edge of the driveway.
If you have any questions regarding this memorandum, please let
me know.
4629 Dakota St. S.E, Prior Lake, Minnesota 55372 / PK (612) 4474230 1 Fax (612) 447,1245