HomeMy WebLinkAbout1993 May Planning Commission Agenda Packetsm
"A50693"
Thursday, May 6, 1993
7:30 P.M. Call Meeting to Order.
a) Review Minutes of Previous Meeting.
7:35 p.m. 1. Public Hearing to consider the Preliminary
Plat of Forest Oaks
8:30 p.m. 2. Public Hearing to consider Rezoning, Schematic
and Preliminary P.U.D., and Preliminary Plat
approval of Cardinal Heights
10:00 P.M. 3. Public Hearing to consider a minor
Comprehensive Plan Amendment and Zoning Code
Amendment to add policies regarding
Agricultural Preserves
REGULAR PLANNING COMMISSION
AGENDA
Other Business
a) Review Wavelength - Establish calendar of
meeting dates.
b) Final review of Realtor Workshop
Recommendations (Commissioner Greenfield)
c) Discuss Revised Meeting Format
(Commissioner Greenfield)
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. SE., Prior Lake, Minnesota 55372 / Ph. (612) 4474230 / Fax (612) 447
Ml EQUAL OPPORTUNITY sWirnvt
PLANNING COMMISSION
MINUTES
APRIL 15, 1993
The April 15, 1993, Planning Commission Meeting was called to
order by Roseth at 7:30 P.M. Those present were Commissioners
Roseth, Arnold, Loftus, and Greenfield, Director of Planning
Horst Graser, Assistant City Planner Deb Garross, Associate
Planner Jim Hayes, and Secretary Rita Schewe. Commissioner
Wuellner was absent.
ITEM I - REVIEW MINUTES OF PREVIOUS MEETING
MOTION BY LOFTUS, SECOND BY ARNOLD, TO APPROVE THE MINUTES AS
WRITTEN.
Vote taken signified ayes by Loftus, Arnold, Greenfield, and
Roseth. MOTION CARRIED.
ITEM II - PUBLIC HEARING - HIDDEN VIEW PRELIMINARY PLAT
The Public Hearing was called to order at 7:35 P.M. The public
was in attendance and a sign -up sheet was circulated.
Ray Brandt, 1600 West 143rd Street, Apt. 205, Burnsville,
representing Argus Development of 3459 Washington Drive, Eagan,
MN, presented the information on the Preliminary Plat for Hidden
View. The proposal is to subdivide the property into 15 single
family lots. The northerly 3 lots will not be platted at this
time, but when they are, will conform to this preliminary plat.
A retention pond will be constructed at one end of the project
to address the storm water management issues.
Associate Planner Jim Hayes, presented the information as per
memo. The preliminary plat of Hidden View is being processed as
a standard subdivision with the procedures and requirements
outlined in Section 6 -3 -2 of Subdivision Ordinance 87 -10 and is
consistent with the Comprehensive Plan. The property is 9 acres
and an infill site and development was expected in the near
future. The square footage of the lots range from 12,202 to
20,329 which meets the requirements of the ordinance. The
development will have a variety of styles and price ranges and
should be compatible with the existing neighborhoods. The
subject site has previously been assessed for water and sewer
improvements and has no outstanding delinquencies. The
topography is a major feature of the site and home styles have
been created to take advantage of this feature. The Engineering
Department has listed 5 items to be contingent upon approval.
4629 Dakota St. SE., Prior Lake, Minnesota 55372 / Ph. (612) 4474230 / Fax (612) 4474245
AN EQUAL OPPORTU EMPLOYER
PLANNING COMMISSION MEETING APRIL 15, 1993 PAGE 2
The park dedication requirement for Hidden View will b^ in the
form of a cash dedication as opposed to a land dedication.
Lynnea Owens -14144 Shady Beach Trail, had comments on the lot
sizes being too small, traffic concerns, safety issues, increase
in children for schools, price of homes, and development does not
fit into the neighborhood.
Keith Randa -14112 Bayview Circle, was concerned on increased
traffic, wants street changed to a cul -de -sac, and does not want
tranquility and peace disturbed.
Bret Nystrom -14220 Shady Beach, concerned on the safety by the
retention pond, mosquitoes, maintenance of Pond, fences,
landscaping, and uses part of the subject site for his own
purposes.
Wayne Svenby -14248 Shady Beach Trail, should have cul -de -sac,
a neighborhood park, and lot sizes not uniform with the rest of
the neighborhood.
Bret Nystrom -14220 Shady Beach Trail, stated that since Aspen and
Shady Beach Trail were joined, traffic and crime became a
problem in the neighborhood. Mr. Nystrom stated he has painted
slow signs on the street to curb the speed of traffic.
Joe Schaefer -14143 Shady Beach Trail, feels the density is too
high, the development would be a downgrade to the neighborhood
and the road is too hilly.
Chris Green -14320 Shady Beach Trail, remarked on the safety for
children, contour of land causes traffic hazards, and subdivision
should be for 8 homes.
John Bradley -14190 Bayview Circle, noted he too was against the
development as he felt the lot sizes were too small, increase
traffic, ,rainage, and it would downgrade the neighborhood.
The public portion of the hearing was closed at this time.
Commissioners Comments:
Commissioner Greenfield asked about sidewalks, park, trail
system, drainage, size of lots, and density of houses.
Commissioner Arnold remarked on the pond requirements, DNR
report, erosion control, traffic, and density of houses.
Commissioner Loftus commented on the pond dimensions, park
availability I the lots on Shady Beach were unsewered when platted
thereby making those lots larger, and the unusual shape of
the Proposed lots.
Commissioner Roseth commented on the pond, Police should be
involved on the traffic issues, merging the two inside corner
lots into one lot, and status of the northerly 3 lots.
City Engineer Larry Anderson, responded to the Commissioners
questions in his report. The pond is mandated by the State for
PLANNING COMMISSION MEETING MINUTES APRIL 15, 1993 PAGE 1
stormwater management, Prior Lake is the fee owner, fences are no
longer used as they are more of a hazard than a help, and the
outlot would be dedicated to the City. In the matter of traffic,
it has been found that when the Police were asked to patrol the
area which complained on a traffic problem, it turned out to be
the neighbors themselves that were issued citations for the
violations.
Deb Garross reported on future County Road 42 access, and that
the subdivision meets Prior Lake's ordinance requirements.
MOTION BY ARNOLD, SECOND BY GREENFIELD, TO RECOMMEND TO THE CITY
COUNCIL, APPROVAL OF THE HIDDEN VIEW PRELIMINARY PLAT CONTINGENT
UPON:
A) ACCEPTABLE UTILITY AND DRAINAGE EASEMENTS SHOWN ON THE FINAL
PLAT.
B) ACCEPTABLE WETLAND DELINEATION REPORT AND ACCEPTABLE WETLAND
REPLACEMENT PLAN, IF NECESSARY.
C) ACCEPTABLE STORM WATER MANAGEMENT PLAN, INCLUDING GRADING AND
SITE CONSTRUCTION PLANS.
D) ACCEPTABLE PLANS FOR SANITARY SEWER, WATERMAIN, AND STREET
IMPROVEMENTS.
E) ACCEPTABLE STORM WATER DRAINAGE CALCULATIONS TO MAINTAIN A
PRE - DEVELOPMENT RUNOFF RATE LEAVING THE SITE.
F) THE POND BE DEDICATED TO THE CITY AS AN OUTLOT.
RATIONALE BEING THAT THE SUBDIVISION FULFILLS THE REQUIREMENTS AS
SETFORTH IN SECTION 6 -3 -2 OF THE SUBDIVISION ORDINANCE 87 -10 AND
IS CONSISTENT WITH THE COMPREHENSIVE PLAN WHICH IS CURRENTLY IN
PLACE.
Vote taken signified ayes by Arnold, Greenfield, Roseth, and
Loftus. MOTION CARRIED.
MOTION BY ARNOLD, SECOND BY GREENFIELD, TO ADJOURN THE PUBLIC
HEARING.
Vote taken signified ayes by Arnold, Greenfield, Loftus, and
Roseth. MOTION CARRIED. The public hearing adjourned at 9:00
P.M. A recess was called at 9:00 P.M. The meeting was reconvened
at 9:02 P.M.
ITEM II - DISCUSS FORMAT SCHEDULE OF DATES FOR PLANNING DISTRICT
NEIGHBORHOOD MEETINGS
Commissioner Greenfield suggested that Item II be placed in the
time slot of Other Business - c, and Item c be moved to a future
date as Commissioner Wuellner was not present. This was
agreeable with the Commissioners.
ITEM III - CROWN COCO VARIANCE
David Miller represented Crown CoCO of 319 Ulysses Street N.E.,
Minneapolis, MN. Mr. Miller stated he is requesting an 8 foot
variance to accommodate installation of flat fascia wrap around
PLANNING COMMISSION MEETING MINUTES APRIL 15, 1993 PAGE 4
the perimeter of an existing canopy. Mr. Miller also stated that
at the same time an effort will be made to resolve a sign problem
by removirn the building sign, an existing freestanding sign and
install a free standing sign and wall signs that meet the City's
code requirements.
Assistant City Planner Deb Garross, presented the information as
per memo of April 15, 1993. The variance application from Crown
Coco is requesting an 8' front yard variance from S.T.H. 13
right -of -way in order to install new fascia on an existing canopy
to a 12' X 51' rectangular shape. The existing canopy is located
at a non - conforming front yard setback. The Zoning Ordinance
requires a minimum 50' setback form S.T.H. 13 right -of -way. The
City is currently involved in litigation with Crown Coco Inc.,
regarding the Prior Lake Sign Ordinance and its application to
the E -Z Stop site. Staff required that a sign plan be submitted
with the application as the canopy upgrade includes the
installation of two signs on the new fascia.
Scott County records indicate that the site was developed in 1963
under the jurisdiction of Spring Lake Township and annexed
into Prior Lake in 1973. Precedent has been set in the past with
a 7' variance for Amoco and a 17' front yard variance to Holiday.
The proposed upgrade will not encroach further into the setback
than the existing canopy, but will continue the existing wall.
Recommendation from Staff is to approve the 8' front yard
variance from S.T.H.13 right -of -way subject to the condition that
all signage be brought into compliance with the Prior Lake Siyn
Ordinance and a compliance date should be established, in
addition, the lawsuit against the City relative to the sign issue
be dismissed, and that the freestanding sign not exceed 75 square
feet. Hardship is present as listed in the staff report of April
15, 1993.
Comments from the Commissioners were on, strength of the fascia
construction, compliance date, single pole vs two pole sign
design, lawsuit be dismissed, and area would be improved.
MOTION BY LOFTUS, SECOND BY ARNOLD, TO GRANT AN EIGHT (8) FOOT
FRONT YARD VARIANCE FROM S.T.H. 13 RIGHT -OF -WAY TO E -Z STOP
SUBJECT TO THE FOLLOWING CONDITIONS: THAT ALL SIGNAGE BE BROUGHT
INTO COMPLIANCE WITH THE PRIOR LAKE SIGN ORDINANCE; COMPLIANCE BE
IN 90 DAYS; DISMISSAL OF THE LAWSUIT AGAINST THE CITY OF PRIOR
LAKE; THE FREESTANDING SIGN BE NO LARGER THAN 75 SQUARE FEET;
LITERAL ENFORCEMENT OF THE ORDINANCE WOULD PRECLUDE THE UPGRADE
OF THE EXISTING CANOPY AND RESULT IN UNDUE HARDSHIP TO THE
PROPERTY; THE APPLICATION IS TO RENOVATE AN EXISTING CANOPY WHICH
REQUIRES THE EXTENSION OF A LEGAL - NONCONFORMING SETBACK, THE
RENOVATION WILL NOT CAUSE FURTHER ENCROACHMENT INTO THE REQUIRED
FRONT YARD SETBACK; 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 NOT THE
RESULT OF THE APPLICANT NOR THE CITY OF PRIOR LAKE BUT RATHER
PLANNING COMMISSION MEETING MINUTES APRIL 15, 1993 PAGE 5
RESULTS DUE TO THE APPLICATION OF CURRENT ZONING STANDARDS TO A
SITE WHICH WAS DEVELOPED UNDER THE JURISDICTION OF SPRING LAKE
TOWNSHIP; THE VARIANCE OBSERVES THE SPIRIT AND INTENT OF THIS
ORDINANCE, PRODUCES SUBSTANTIAL JUSTICE AND IS NOT CONTRARY TO
THE PUBLIC INTEREST; THE VARIANCE APPLICATION IS SIMILAR TO OTHER
SETBACK VARIANCES WHICH HAVE BEEN GRANTED FOR CANOPY CONSTRUCTION
ADJACENT TO S.T.H. 13, THE RENOVATION WILL NOT ENCROACH CLOSER TO
THE REQUIRED SETBACK THAN THE EXISTING STRUCTURE, THE VARIANCE
WOULD NOT BE DETRIMENTAL TO THE HEALTH AND WELFARE OF THE
COMMUNITY AND WOULD PRODUCE SUBSTANTIAL JUSTICE.
Commissioner Greenfield suggested a recommendation to the
applicant that a single pole construction be considered.
Vote taken signified ayes by Loftus, Arnold, Greenfield, and
Roseth. MOTION CARRIED.
ITEM IV - PUBLIC HEARING - COMPREHENSIVE PLAN AMENDMENT FOR THE
WILDS
The Public Hearing was called to order at 9:30 P.M. The public
was in attendance and a sign -up sheet was circulated.
Mike Morley 2800 Wilds Parkway, Project Manager for The Wilds,
presented the application from Prior Lake Development L.P. "The
Wilds ", requesting an amendment to the Comprehensive Plan and
Land Use Plan to allow the construction of a golf course,
clubhouse, 2 hotels, 2 restaurants, convenience store, village
shopping center and residential housing. Expert golf architects
were employed to design the cjolf course. The Wilds is consistent
with Prior Lake's Comprehensive Land Plan. There is also ample
capacity in all Prior Lake's syatems for the utilities, for the
project, and The Wilds presents no metro impact. Present status
for The Wilds is as follows; the Comprehensive Land Plan has been
applied for, the PUD has been submitted to the City of Prior
Lake, the preliminary plat has been submitted to the City and the
EAW is complete.
Horst Graser, Director of Planning, presented the information as
per memo of April 15, 1993. Mr. Graser stated the amendment to be
considered is:
1. To add 580.4 acres of land (The Wilds) to the year 2000 Prior
Lake Urban Service Area (P.L.U.S.A.).
2. To remove 280 acres of the existing year 2000 P.L.U.S.A.
3. To amend the land use component of the Comprehensive Land Use
Plan and to change the existing land use designation of the
580.4 acres site from agricultural and natural open space to
low density residential and commercial land use.
4. To amend the land use plan of the comprehensive plan to
change the existing land use designation of the 280 acre
"Land Exchange" site from industrial and low density
residential to agricultural land use.
PLANNING COMMISSION MEETING MINUTES APRIL 15, 1993 PAGE 6
Mr. Graser spoke on different aspects of the application. The
focus of the amendments is a land exchange not an expansion. The
Metropolitan Council is in their interim MDIF (Metropolitan
Development Investment Framework) and any expansion of the urban
service area may be quite difficult. Therefore it seemed prudent
to all parties concerned to pursue a land exchange.
The Metropolitan Council will act upon the exchange of the urban
service area as well as any land use plan changes. The
Metropolitan Council recently adopted interim strategies related
to MUSA adjustments until the new or revised Metropolitan
Investment Framework is completed. This amendment is to exchange
580.4 acres as per the application and remove 280 acres directly
south of County Road 42 and adjacent to County Road 21. Staff
has determined the service characteristics such as sewer and
transportation, of the subject area and the exchange area are
similar. Because of use and density characteristics, the demand
on metropolitan systems will remain unchanged.
Prior Lake's current comprehensive plan projects land use and
service demands until the year 2000. With a few exceptions these
demands must be addressed within the P. L.U.S.A. Prior Lake's
existing urban service area total 5,895 acres of which 1,120
acres are vacant developable land. The land demand protections
to accommodate growth are estimated 730 acres by Prior Lake
Staff. The Metropolitan Council has estimated that only 510
acres are needed. Their lower figure is reflective of using 3.3
units /acre density rather than actual 2.5 units /acre documented
in previous studies.
The subject site contains an abundance of features and these
features should be shared with all the community members. There
are several steep slopes, wooded ridges, natural wetlands and
waterbodies that provide the opportunity for a sensitive and
innovative developer to create a unique residential environment.
A community trail system has been identified incorporating
Jeffers Ridge and Mystic Lake.
In calculating the level of service, the traffic beinc4 generated
by The Wilds consists of approximately 9700 trips per day.
Comparing that to the 280 acres that is being removed shows 8500
trips per day. The wastewater generation for The Wilds is
approximately 257 gallons per day, and for the 280 acres being
removed it is 240 gallons per day, even though The Wilds is 300
acres larger, the land use for the exchange area will generate
just as much traffic and wastewater and this is primarily due to
the low density of The Wilds area and the industrial zoning of
the Vierling parcel.
The recommendation from Staff is to approve the amendments as
requested and are outlined in Resolution 93 -01. The trade within
the urban service area is sound and prudent contiguous growth
management and is consistent with previous recommendation to
PLANNING COMMISSION MEETING MINUTES APRIL 15, 1993 PAGE 7
Prior Lake by the Metropolitan Council. The exchange area
consisting of 280 acres has not been assessed for any urban type
of services and no plans or proposals to develop the land have
been presented to the City Subject to topographical
limitations, the entire 280 acres is currently being farmed.
Larry Ariyrson, City Engineer, presented information on the sewer
service area and a location map of the proposed trunk Panes was
shown. The sanitary sewer system is adequate to provide service
for The Wilds and for other surrounding areas. Prior Lake could
provide the sewer line to the Mdewakanton Sioux Community which
would be financed by them. We have an adequate sewer capacity
that has been allocated to the City of Prior Lake by Metropolitan
Waste Control Commission and will have no adverse impact on the
metropolitan sewer service and is not a substantial departure
from the sewer service policy plan from the Metropolitan
Council.
The location of the proposed trunk water line was shown and
explained. This watermain system would have adequate capacity to
provide water service to the area. Currently the Mdewakanton
Sioux Community have their own private water system. We may want
to discuss a watermain interconnect to provide for emergency fire
flow, but it is not our intention to provide water service to the
Sioux Community.
A traffic analysis map completed by Strgar- Rosco - Fausch, Inc.,
for The Wilds development was shown. The transportation system
that will be developed as a result of The Wilds development, will
first be the north /south collector which will be a 32 foot wide
roadway with a sidewalk on one side. The roadway will be two lane
with no on- street parking. The majority of the lots that abutt
on this roadway will not have direct access to the roadway but
will have side streets to provide access to these lots. As a
result of The Wilds development, certain traffic improvements
will be needed. Scott County is proposing in 1993, to construct
a temporary signal at the intersection of County Road 42 & 21.
Turn lanes will be constructed in several locations to facilitate
traffic flow. The Mdewakanton Sioux Community has committed to
providing financial assistance in the roadway improvements as
they are very aware of the fact this would benefit them in their
gaming operations. The City of Prior Lake is not served by a
metropolitan highway. The nearest metropolitan highway will not
adversely be impacted and the land proposed exchange to the urban
service area will not negate a negative impact to the
metropolitan highway system. For the purpose of the
Comprehensive Plan, the land exchange will provide a
neutralization of the increased traffic that would ever occur as
a result of The Wilds, be negated by the land that would be taken
out and there would be no adverse impact to the metropolitan
highway system.
Robert Hoffman of Larkin, Hoffman, Daly, & Lindgren, special
counsel to the City of Prior in regards to The Wilds gave a brief
PIANNING COMMISSION MEETING MINUTES APRIL 15, 1993 PAGE 8
overview of the project. Prior Lake is known as a freestanding
center in the metropolitan scheme of things which means Prior
Lake is self - contained and that is important in regards to
looking at the comprehensive plan and particularly as it may
relate to the metropolitan systems. The Metropolitan council has
urged freestanding centers to grow contiguously and in an orderly
manner and has committed to assist in that. The Metropolitan
Council has an interim set of strategies that are related to the
expansion of an urban service area. A small part of it is
directed to the exchange of an urban service area and that is the
proposal being presented to the City, that the comprehensive plan
reflect a change within the urban service area. The Metropolitan
Council has acknowledged in the past that the exchange within a
city of the urban service area parcels is substantially if not
totally within the discretion of the city. The Metropolitan
Council is concerned primarily with what comes out of the city as
it affects regional systems. What a city does internally that
generates either traffic or sewer is up to the city so long as it
stays within the allocation of the Metropolitan council. As
Staff has indicated, this exchange stays well within the
parameters of allocation by the Metropolitan Council to the City
of Prior Lake. Mr. Hoffman stated that the comprehensive plan
will be reviewed carefully by the Metropolitan Council and
complimented the staff on their diligence and thoroughness in
documenting the reasonable amendment to the comprehensive plan.
Mr. Graser presented the Land Use Data. Prior Lake now is half
urban and half rural. The net developable acres or total vacant
land available is 1,120 acres, the proposed amendment would add
approximately 300 acres to the urban service area which would
total approximately 1,420 acres of vacant land available. The
objective of the amendment was to show even though there is an
increase the level of service or demand of service would not
change. Traffic and sewage being generated are offset by the area
being removed versus the area being added. The 2010
Comprehensive Plan will be completed possibly in one year. At
that time Prior Lake will be able to add 500 - 800 acres. It
would be prudent to add the acres taken out now be added back in
if so agreed upon by a future Council.
Bob Jeffers, 3675 - 140th St., wanted to state as a matter of
record, that he and Mr. Vierling are opposed to the exchange.
They are concerned what will happen to their property in the
interim and will review with their attorneys on what action to
take at that time.
Leo Vierling -14091 Eagle Creek Ave N.E., is opposed to the
exchange as his property will decrease in value and why not wait
one year.
Mark Hyland- 3520 -154th St. owner of a nursery, voiced his
concerns on what would happen to his 41 acres if the development
goes through and would like the area to stay agricultural. Mr.
Hyland does not want to be 'a the urban service area.
PLANNING COMMISISON MEETING MINUTES APRIL 15, 1993 PAGE 9
The public portion of the hearing was closed at this time.
Commissioner Loftus asked Mr. Hoffman to clarify the legal rights
on the property exchange.
Mr. Hoffman stated that the current status of the law is that the
individual property owner that has undeveloped property, but
zoned a certain category, has a difficult time claiming damages
if that property is downzoned. An example was given if a
property owner in a city had property zoned high density
residential in an undeveloped state and a development was not
started and the city, for policy reasons downzoned it to low
density residential, public opinion would say value had been
lost. But the current status of the law is that it is difficult
to recover under that. There are cases from commercial to
agricultural and have a significant decrease in value and still
the _and owner would have difficulty to recovering damages. The
theory behind that is, so long as there is some use for the land,
even though its been devalued, there is a question if the land
owner can recover damages. In Mr. Hoffman's opinion the same
principles prevail and there is probably less of a claim by the
property owner for damages in the exchange in the urban service
area than there is in a downzoning.
Commissioner Roseth read into the record two letters received.
1. Robert Jeffers P.O. Box 193, Prior Lake, dated April 15,
1993; addressed to Horst Graser, in answer to the request by
the City to willingly relinquish the sewer and water rights.
Mr. Jeffers felt if he gave up his rights it would cause a
major disruption in his immediate plans for his property and
will not sign the letter of understanding dated January 29,
1993, that would permit the City of Prior Lake to delete his
property from the City of Prior Lake's Urban Service Area as
set forth in the City of Prior Lake's current zoning map and
comprehensive plan.
2. Lindberg S. Ekola, Planner, City of Shakopee, 129 East First
Avenue, Shakopee, dated April 15, 1993; had comments on the
coordination of development along the entire County Road 83
corridor, and suggested a series of sub - regional forums with
Scott County, the Mdewakanton Dakota Sioux Community and the
cities of Prior Lake and Shakopee to further discuss
transportation and other development issues, would be
beneficial to all parties.
Commissioner Greenfield had a question on the definition of parks
and open space concerning the exchange, the reason of the land
exchange when citizens are against it and asked Mr. Hyland to
explain his position again.
Mr. Graser gave a brief outline of the existing comprehensive
plans and the proposed comprehensive plan defining the plans for
connecting trail systems.
PLANNING COMMISSION MEETING MINUTES APRIL 15, 1993 PAGE 10
Mr. Hoffman stated the property being proposed for exchange of
280 acres is not assessed for any urban services, has no urban
services therefore the land owners have not made any investments
based on an urban service area. If these properties had been
assessed for some years it may be another story. No plans are
pending before the City for a development and hasn't been for the
years they have been in the urban service area. For what ever
reason, the land owners have elected to keep it rural
agricultural. There is a request before the Commissioners for a
development now for both residential and commercial. This
exchange was strongly recommended to the City of Prior Lake by
the Metropolitan Council in 1991.
Mr. Hyland restated his position.
Commissioner Arnold commented that the issue on hand is the land
exchange and that is what is to be considered and understands the
reason for the exchange.
Commissioner Roseth stated the subject site is in a natural trend
to be linked to a activity center from Prior Lake to The Wilds to
the Mdewakanton Sioux Community and would be a uniformed area and
sound planning. The issue on the agenda is land exchange and
land use.
Commissioner Loftus requested to see Mr. Jeffers letter and asked
him what the plans are. Mr. Jeffers said he plans to develop but
could do nothing if this was approved. Mr. Vierling stated the
land in question is not in the agricultural preserve, feels the
taxes are high and the value is down.
MOTION BY LOFTUS, SECOND BY ARNOLD TO APPROVE RESOLUTION 93 -01
WHICH READS AS FOLLOWS:
RESOLUTION 93 -01
RESOLUTION OF THE PRIOR LAKE PLANNING COMMISSION TO APPROVE AN
ADJUSTMENT OF THE PRIOR LAKE 2000 URBAN SERVICE AREA
WHEREAS, THAT THE PRIOR LAKE PLANNING COMMISSION CONDUCTED A
PUBLIC HEARING ON THE 15TH DAY OF APRIL 1993, TO ACT ON
A PETITION SUBMITTED BY PRIOR LAKE DEVELOPMENT L.P. TO
ADJUST THE URBAN SERVICE AREA UTILIZING A LAND EXCHANGE;
AND
WHEREAS, THAT NOTICE OF THE HEARING ON SAID MOTION HAS BEEN DULY
PUBLISHED AND POSTED IN ACCORDANCE WITH THE APPLICABLE
MINNESOTA STATUTES; AND
WHEREAS, THAT THE LAND EXCHANGE WOULD ACCOMMODATE "THE WILDS"
DEVELOPMENT BY EXTENDING THE YEAR 2000 URBAN SERVICE
AREA BY 580.4 ACRES AND REMOVING 280 ACRES; AND
fL ",t!i%!I iVG COP".MISSION MEETING MINUTES APRIL 15, 1993 PAGE 11
WHEREAS, THAT THE 580.4 ACRES LAND EXCHANGE AREA ADJOINS THE
MDEWAKANTON SIOUX COMMUNITY URBAN DEVFLOPMENT AREA AND
IS ADJACENT TO THE PRIOR LAKE 2000 URBAN SERVICE AREA;
AND
WHEREAS, THAT PRIOR LAKE'S COMPREHENSIVE PLAN LAND USE MAP WILL
REFLECT THE USES AS PROPOSED IN "THE WILDS" DEVELOPMENT
FRAMEWORK; AND
WHEREAS, THAT ANY DEVELOPMENT RESULTING BECAUSE OF THE LAND
EXCHANGE WILL BE CONTIGUOUS TO EXISTING URBAN
DEVELOPMENT; AND
WHEREAS, THAT PRIOR LAKE'S LEVEL OF SERVICE IS WELL WITHIN LOCAL
AND REGIONAL SYSTEMS CAPACITY; AND
WHEREAS, THAT THE DENSITIES IN THE URBAN SERVICE AREA ARE
CONSISTENT WITH REGIONAL ALLOCATED CAPACITY; AND
WHEREAS, THAT "THE WILDS" PLANNED DEVELOPMENT COMPLIES WITH PRIOR
LAKE'S ADOPTED WATER QUALITY PLAN AND MINNESOTA
POLLUTION CONTROL AGENCIES BEST MANAGEMENT PRACTICES AND
THE DEPARTMENT OF NATURAL RESOURCES, SHORELAND
MANAGEMENT; AND
WHEREAS, THAT THE PROPERTY TO BE REMOVED FROM THE 2000 URBAN
SERVICE AREA IS CURRENTLY BEING FARMED, HAS NEVER BEEN
ASSESSED FOR URBAN SERVICES, AND URBAN SERVICES ARE NOT
READILY AVAILABLE, AND WILL NOT BE DESIGNATED
AGRICULTURAL ON THE COMPREHENSIVE PLAN LAND USE MAP;
AND
WHEREAS, THAT THE METROPOLITAN COUNCIL HAS RECOMMENDED TO PRIOR
LAKE ON DECEMBER 1991, THAT ANY URBAN SERVICE
ADJUSTMENTS SHOULD INCLUDE A LAND EXCHANGE; AND
WHEREAS, THAT THE LAND EXCHANGE DOES NOT ADVERSELY AFFECT ANY
METROPOLITAN SYSTEMS.
NOW THEREFORE BE IT RESOLVED BY THE PRIOR LAKE PLANNING
COMMISSION AS FOLLOWS:
1. APPROVE THE PETITION BY PRIOR LAKE DEVELOPMENT L.P.
2. THE PLANNING COMMISSION WILL REVIEW ANY COMMENTS FROM
THE METROPOLITAN COUNCIL.
PASSED AND ADOPTED THIS 15TH DAY OF APRIL, 1993.
A brief discussion by the Commissioners followed and all were in
consensus with the notion.
PLANNING COMMISSION MEETING MINUTES APRIL 15, 1993 PAGE 12
'_'orc Foster asked to be recognized at this time as he was
commissioned by Mr. Jeffers to speak. Mr. Foster was advised
that a motion was on the floor and taht there had been ample time
to speak in the public portion of the hearing. Recognition
denied at this time.
Vote taken signified ayes by Loftus, Arnold, Greenfield, and
Roseth. MOTION CARRIED.
Tom Foster, 5795 Shannon Trail SE, Prior Lake, spoke for Mr.
Jeffers stating that he has had in -depth involvement with
developers over the last three years. As Mr. Foster has been
closely associated with Mr. Jeffers over the last two years, he
can speak first hand on the situation and recently they are far
enough along that a conceptual layout has been prepared by a
developer and were moving along at a very brisk pace for a
development Of his property and ultimately the sale. Mr. Foster
said he is sure that with the motion that has been passed, begs
to differ with Mr. Hoffman, thinks there will be action taken
that will prove that Mr. Jeffers is making serious overtures with
several developers in developing his property on a timely basis.
Mr. Vierling and Mr. Jeffers indicated to all of the
Commissioners they were deeply concerned about their property
being devalued as a result in an exchange of the MUSA line. He
(Mr. Foster) is the first person to recognize that there is not a
PUD that has been presented to the City at this time.
MOTION BY ARNOLD, SECOND BY LOFTUS, TO ADJOURN THE PUBLIC
HEARING.
Vote taken signified ayes by Arnold, Loftus, Roseth, and
Greenfield. MOTION CARRIED. Public Hearing closed at 11:25 P.M.
Recess called at 11:25 P.M. The meeting reconvened at 11:30 P.M.
ITEM V - OTHER BUSINESS
a) 1993 PUD Status Report was presented by Associate Planner
James Hayes. Mr. Hayes reported that Staff recommends no changes
on The Harbor, Sand Point, Tower Hill and Windsong on the Lake
PUD Zoning status. No additional information has been received
from the developer on the Priorview PUD completion. Staff
recommends status quo on this PUD in the hope that a developer
will complete this project.
Items b & c were tabled to the next meeting when all the
Commissioners could be in attendance.
ITEM II - PLANNING DISTRICT NEIGHBORHOOD MEETINGS
Deb Garross and James Hayes presented information on the
procedure to schedule meetings with the district neighborhoods.
PLANNING COMMISSION MEETING MINUTES APRIh 15, 1993 PAGE 13
Maps were shown conveying the districts and the identification of
natural features, parks, and etc.
MOTION BY ARNOLD, SECOND 9Y GREENFIELD, TO ADJOURN THE MEETING.
Vote taken signified ayes by Arnold, Greenfield, Roseth, and
Loftus. MOTION CARRIED.
The meeting adjourned at 11:50 P.M.
City Hall.
Tapes of meeting on file at
Horst W. Graser
Director of Planning
Rita M. Schewe
Recording Secretary
"SUO3PC"
AGENDA ITEM:
SUBJECT:
APPLICANT:
SITE ADDRESS:
PRESENTER:
PUBLIC HEARING:
DATE:
PLANNING REPORT
1
CONSIDER PRELIMINARY PLAT APPROVAL FOR FOREST
OAKS FIRST ADDITION.
ROBERT PASCHKE
3.7 ACRES LOCATED NORTHEAST OF THE
INTERSECTION OF FOREST CIRCLE AND FISH POINT
ROAD.
HORST GRASER, BRUCE LONEY
X YES NO
M9Y 1993
HISTORY /BACKGROUND
The P anning Department received an application for subdivision
from Robert Paschke, 4070 Grainwood Trail, Prior Lake, MN 55372.
The proposal is to divide 3.7 acres of R -1/'S-D land into 8 single
family lots. The subdivision is being processed according to
Section 6 -3 -1, Abbreviated Subdivision Process of Prior Lake
ordinance 87 -10. See attached materials for reference to the
subdivision application.
PHYSIOGRAPHY
The property contains a deep depression (approximately 14 feet
from the lowest point to Fish Point Road) in the southwest
quadrant of the plat. The highest point of the site is located
in the northeast quadrant where the elevations are between 950
and 956. The property generally slopes from northeast to
southwest from elevation 956 to elevation 920. There are no
wetlands on the property as defined by the Wetlands Act of 1991.
The entire site is wooded with a mixture of mature trees, scrub
brush and wild flowers.
ADJACENT USES
To the north and west of the site is Shangri -La, a subdivision
platted in 1978 and developed with primarily 10,000 - 12,000
square foot lots. The subdivision is fully developed with
single family homes built in the late seventies and early to mid
eighties. The property to the south is Maves Second Lake
Addition which fronts on Prior Lake, was subdivided in 1956 and
is developed with a mixture of single family homes and cabins
ranging from recent construction to 1950's style homes. The
property to the east is virtually fully developed with homes
built upon metes and bounds tracts of irregular size and shape.
4629 Dakota St. SE., Pric: Cake, Minnesota 55372 / Ph. (612) 447 -0230 / Fax (612) 4474245
AN EQUAL OPPORNNRV EeIOVER
Fish Point Road is classified as a local street and as such is
developed with direct driveway access to the street. The curb
consists of bituminous material that has eroded or been damaged
throuVh the years. As a result, storm water is not well
contained within the existing system. Forest Circle is a gravel
road which was dedicated to the City as Outlot A, Shangri -la in
1978. The City Council stated that " Outlot A shall remain
private until the property to the east develops and that the City
and developer at that time will convert Outlot A to a public
roadway status." (See attached Council minutes for reference.)
The current Subdivision Ordinance prohibits half streets and
requires improvements for all lots within the subdivision. The
Outlot was originally owned in fee by Lawrence Schweich who has
deeded the outlot to Mr. Paschke. The City will require that the
title of Outlot A be transferred to the City of Prior Lake along
with additional dedication of street within the plat of Forest
Oaks, to upgrade Forest Circle and Forest Court to current City
standards. The applicant has an agreement with the four
adjacent property owners fronting on Forest Circle, to partially
subsidize the costs of improving the street to City standards.
Mr. Paschke has agreed that he will pay the costs of required
improvements improvements above $2,000 dollars, which is approximately 1/3 to
1/2 of the anticipated cost of the required upgrade.
NEIGHBORHOOD ISSUES IMPACT CONCERNS:
Staff anticipates tat the ne ghborhood may object to the
proposed development due to the anticipated tree loss as a result
of proposed grading. The site is located within the Shoreland
District and therefore cannot be clear cut. However, the 3.7
acres is vacant land, zoned R -1, Single Family residential and is
the last vacant property to be developed within the neighborhood.
Unfortunately, as a small, infill property, there is little
design flexibility for the plat. The site constraints are as
follows: Forest Circle must be upgraded as per the Subdivision
Ordinance and City Council direction given in 1978. In order to
upgrade the street, the grades between the subject site and
existing Shangri -la must be matched.
There is no option to raise the grade of Forest Circle due to the
existence of the four homes locat•d to the west. In order to
match grades and provide for access from Forest Circle to
proposed Forest Court, an approximate ten foot cut will be made
into the property. The existing site contains the remnants of
the cut made in 1978 when adjacent Shangri -la was graded. In
addition to the cut for the street, additional cut and grading
will be required in order to accommodate house pads and
acceptable driveway grades along Forest Court. Staff has
reviewed several options for a road improvement to serve the site
including the possible extension of Kortsch Trail. However,
topographic and existing development constraints leave little
opportunity other than the cul -de -sac which is proposed.
PROBL /OPPORTUNITIES
The applicant — a s the right to develop the property according to
the provisions of the Subdivision and zoning Ordinances. The
minimum lot size requirement is 10,000 square feet with 80 of
width, measured at the front setback, line. The proposed lots
exceed the requirements of the Zoning Code. The maximum density
allowed within the Zoninq District is 3.5 units per acre. The
development proposes a density of 2.51 units per acre, well below
the maximum specified by the Zoning Ordinance.
The applicant has shown that he can serve the site with required
road and storm sewer improvements. The improvements will correct
several deficiencies within the immediate neighborhood including:
Existing Forest Circle encroaches over the front property lines
of Lots 2 and 3 Shangri -la. The development. would correct this
situation by moving the paved road within City right -of -way and
improve the appearance, drainage, dust control, maintenance and
access to the subject site and adjacent properties. In addition,
storm sewer drainage will be improve' by the introduction of
storm sewer, curb and gutter to the site. Water that currently
drains to the lake from the gravel surface of Forest Circle, will
be directed to appropriate storm seY systems in Shangri -la Park
or treated on site, within a ponding area in the southwest
corner.
Unfortunately, the cost for improving the road, storm sewer, and
access to Shangri -la park, will result in the loss of tree cover
on the site. Please note that the Shoreland Ordinance precludes
clear cutting property however, selected removal supplemented
with replanting is permitted. Staff suggests that the Planning
Commission consider placing conditions on plat approval to submit
a grading plan which recognizes the existing tree cover and will
result in minimal loss outside of the grading required for street
and house pads, while providing for adequate storm water
drainage. A planting plan may also be required by the Planning
Commission as a condition of plat approval, to meet objectives of
the Shoreland District.
DEVELOPMENT ANALYSIS
PLANN CONSIDERATIONS:
The proposal is to develop the 3.7 acre site into 8 single family
lots as indicated on toe attached plans. The grading plan
indicates that the style of homes will be a combination of
split- entry /tuck under, split entry, rambler /tuck under and
split- entry /walk out. The home styles have been chosen and
indicated on the plat in order to minimize the extent of grading
needed to accommodate the specified home designs. Lot 7 will
gain access from Forest Circle and grading is anticipated on the
northern part of the lot for the house pad and driveway. Lot 8
is proposed to be graded for a home pad on the northerly part of
the lot. This lot will have a long driveway access form Fish
Point Road. Existing tree cover will be retained along the
southerly and most northerly perimeter of the plat.
Storm sewer will be located within Forest Circle. Storm water
will be retained on site within the depression located in the
southwest corner of the site. This area may, at times, pond
water however, staff anticipates that it will be relatively dry
most of the year due to underlying soils which allow water to
rapidly permeate the surface. A storm sewer overflow pipe will
be installed near the depression in the event of severe storm
ponding. In the event that water reaches the elevation of the
overflow pipe, water will be carried through a storm sewer system
to the north dad intersect with an existing system which drains
through Snangri -la park and ultimately to several wetlands
located within the park.
Forest Court and Forest Circle will be upgraded to permanent
residential streets. It is anticipated that Forest Circle will be
paved only to a point beyond the most northerly driveway located
on Lot 1, Shangri -la. At a future date, it is anticipated that a
storm sewer pipe will replace the existing drainage ditch and a
park trail will be constructed above the storm sewer pipe.
A memo from Bruce Loney, Assistant C.tty Engineer dated April 27,
1993 outlines the comments and requirements of the City Engineer
related to the preliminary plat. In addition, please see letter
from Pat Lynch, April 9, 1993, memo from Ralph Teschner dated
April 8, 1993 and memo f.•om Bill Mangan dated April 27, 1993 for
reference to comments related to the preliminary plat.
ALTERNATIVES
1. Approve attached Resolution 93 -02PC approving the preliminary
plat of Forest Oaks Addition subject to the conditions stated
therein and finding that the subdivision is consistent with
the City Subdivision, Zoning Ordinance and Comprehensive
Plan.
2. Continue the item for further review. If this option is
chosen a special Planning Commission meeting must be
scheduled prior to May 11, 1993. This item is scheduled to
be heard by the City Council on May 17, 1993 for preliminary
and final plat approval. The date of May 17 is critical
because the developer requests that the City install
utilities. May 17, 1993 is the deadline for the City to
approve the bonding process for public improvement projects.
3. Deny the preliminary plat for specific reasons stating how
the plat is inconsistent with the requirements of the
Subdivision ordinance, Zoning Ordinance and Comprehensive
Plan.
RECOMMENDATION•
Alternative 3 or 2.
APPLICATION FOR THE SUBDIVISION OF LAM
W-IMIN THE CITY OF PRIOR LAKE
Property Owner: RCba &T 0' Asc P- t Ph one:
Andress: — kajL _
Subdivider Ph one: _
Address:
Agent: Ph one:
Address:
Name of Surveyor: U W \k P- `( Ph one: 441- 2 T 70
Nam of Engineer- RO.., r w A N: o w phone:
Legal Description of Property:
Property Idenification Number (PID):
Present Zoning:
Property Acreage: 3 g ±
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:
No _-J�, Yes_ What was requested:
wh en:
I have read the Prior Lake Subdivision Ordinance and agree to provide the
information and do the work in accordance with the provisions of the ordinance.
�A-.;(- ) 9 - POSY .1/ /? 3
Applicants SSignn /� Date
Fee Owners Signature Date
THIS SECTION TO BE FILLID IN BY THE PL.AMM G DIRECPDR
CONDITIONS:
Signature of the Planning Director
Date
IT I YY �.
�. .111 I:C1
ROBERT A. PASCHKE
16520 InEuadona Beach Circle
Prior Lake, Mn. 55372
Ph. (612) 447 -4236
VALLEY ENGINEERING CO., INC.
7301 Ohms Lane
Suite 500
Minneapolis, Mn. 55439
Steven Harvy PE
Ph. (612) 832 -9475
SURVEYOR/DESIGN CONSULTANT:
VALLEY SURVEYING CO., P.A.
16670 FRANKLIN TRAIL SE
SUITE 120-0
PRIOR LAKE, MINNESOTA 55372
Telephone: 612 - 447 -2570
SURVEYING AND PLANNING
Ronald A. Swanson, R.L.S.
FOREST OARS FIRST ADDITION
PAGE 1
TABLE OF CONTENTS
NARRATIVE
Property Legal Description
Property Zoning Classification
Property Location
Existing Site Conditions
Existing Storm Water Runoff
Steep Slopes and Erosion Control Measures
Vehicular Access
Architectural Standards
Tree Planting Schedule
Proposed location of utilities
Request for Subdivision
Site Data, Density, Areas etc.
Forestry Report
EXHIBITS
Area Location Sketch
Preliminary Plat
Preliminary Grading and Drainage Plan
Preliminary Sewer and Water Plan
Existing Conditions and Forestry Inventory
Sewer, Water and Storm Sewer plan and profile
PAGE
2
2
2
3
3
3
4
4
4
5
5
5
6-10
11
12
13
14
15
16-18
FOREST OAKS FIRST ADDITION
Page 2
PROPERTY LEGAL DESCRIPTION-
That part of Government Lots 1 and 2, Section 36, Township 115, Range 22,
Scott County, Minnesota described as follows:
Commencing at the southeast corner of said Lot 1; thence north along the east
line of said Lot 1, a distance of 400.00 feet; thence deflecting to the left
89 degrees 22 minutes 00 seconds a distance of 600.00 feet to the actual point
of beginning; thence continuing along the last described course a distance of
302.30 feet; thence south parallel with said east line a distance of 473.3
feet more or less to the new right -of -way line of Naves Road; thence
southeasterly along said new right -of -way and right -of -way line to its
intersection with a line drawn south parallel with said east line from the
point of beginning; thence north along said parallel line to the point of
beginning.
PROPERTY TONING CLASSLFiCATIOHs
The property is presently zoned R -1 Single Family Residential and the
requested use for this project is also R -1 Single Family Residential.
PROPERTY LOCATION-
The property is bounded on the south by Fish Point Road, on the east by
single family metes and bounds housaing and on the north and west by the plat
of Shangri La and is approximately 3/8 mile went of Highway 13. Access to
Highway Ho. 13 would be via the signal lights at Fish Point Road and Highway
13 intersection.
FOREST OAKS FIRS ADDITION
PAGE 3
EXISTING SITE CONDITIONS:
The property is completely wooded with a mixture of tree types and sizes as
indicated on the enclosed forestry report. There are no visible areas of
erosion or soil disturbance on the site at this time. The existing Forest
Circle located along the west edge of the property is not a public street at
this time and is a rough graded gravel drive that provides access to Fish
Point Road for three homes within the plat of Shangri -La. There is a low
swale along the north side of Fish Point Road which has no outlet but does
not show signs of flood at this time. The proposed subdivision will
provide a storm sewer outlet for .this.
Public sanitary sewer, water and electrical services are available to the
site via Forest Circle and Fish Point Road at this time.
EXISTING STORM WATER RUNOFF•
Predevelopment stormwater runoff flows northerly into the Shangri-La park and
southerly into a low swale area within the property. and then into Prior
Lake. Preliminary review of the site indicates that a portion of the surface
water runoff could be directed into the low swale area to the south and
cleaned up before it flows north via the proposed storm sewer pipe and the
balance by the existing system within the park area. All required storm sewer
and utility easements will be provided with the final plat after final
construction plans are completed and approved by staff.
STEEP SLOPES AND EROSION CONTROL MEASURES:
There are no steep slopes on that portion of the property being proposed for
developement. All of the disturbed areas will be protected with silt fencing
and by seeding the disturbed areas as soon as possible after the site grading
is completed. As required by city ordinance proper erosion control and runoff
containment will be maintained during construction of the houses. Upon
completion of the building construction and utility hookup all disturbed
areas will be dressed off and covered with sod or seeded.
FOREST OAKS FIRST ADDITION
PACE b
VEHICULAR ACCESS
The access to the site from Highway 13, will be via Fish Point Road or 150th
Street. Because of the existing signal lights at Fish Point Road this would
seem to be the logical access point for Highway 13 at this time.
It is the intention of the developer to have custom built frame houses with
attached garages and a mixture of individual house designs using earth tone
color or wood exterior finish. The anticipated sales price for the finished
house and lot is $120,000 to $150,000 range. This should provide a good mix
between the existing housing to the west and east.
• N. . A
Tree plantings will be done with the house construction in accordance with the
attached tree planting plan and after all utilities are in place.
FOREST OAKS FIRST ADDITION
Page 5
•, YB, t �. 1 1 1 Y!?.
All newly installed electrical, phone and cable lines will be underground and
constructed within the 10 foot utility and drainage easements provided outside of
the street right -of -ways. In some areas they may cross under the streets to
shorten the service length. this will be at the option of the utility companies.
It is not the developers intention to install street lighting at this time.
REQUEST FOR SUBDIVISION
The proposal as presented is for preliminary plat approval to subdivide the
property into 8 single family lots. The lot areas range from 10,000 square
feet to 39,900 square feet. The widths are from 88 to 90 feet at the building
setback lines. This property is the last vacant land in the neighborhood and
these areas and widths are in harmony with the existing lot sizes in the
neighborhood and appears to be a logical conclusion to the development of the
property along Fish Point Road.. The existing driveway access has been
constructed on Outlot A, of the plat of Shengri -La. This plat was approved by
the City Council in June 1978. At that time it was understood that Outlot A
should remain private until the property to the east was ready to develops,
at that time the City and the developer would convert Outlot A, to a public
roadway. At that time there were 2 lots to be served by the Outlot, since that
time an additional lot was created. At this time the developer has squired fee
title the Outlot and will deed it in fee to the City as a part of this
project. The developer has met with the adjoining owners to the west and has
reached an agreement with them on sharing the cost of the street improvement
portion of Forest Circle on this project.
It is anticipated that the park dedication will be in the form of cash and the
developer is requesting that the improvements be dale under a 429 project by
the City.
SITE DATA 8 DENSITIES&
GROSS AREA OF PLAT
3.76 ACRES
AREA OF STREET R/N IN PLAT 0.58 ACRES
NET AREA OF PLAT
3.18 ACRES
TOTAL PROPOSED LOT 8
NET DENSITY 8/3.18 2.51 DU AC.
Introduction
This is a report on the forest cover types for the Forest Oak preliminary plat
The mature trees on this site are Red Oak, Basswood, White Oak, and Bur Oak. The
saplings or new growth include Basswood, Ironwood, Aspen, Hickory, Elm, Ash,
Boxelder, and Sugar Maple. A few Black Cherry and Cottonwood are scattered
throughout. For simplification, those Oak trees listed as Red Oak may include Pin Oak
and Black Oak, which belong to the Red Oak Family of Oak trees. Trees on this site
appear healthy.
The accompanying map shows the site divided into five cover types. Of this area of
mixed hardwood we have the following types:
1. Trembling Aspen
2. Predominately Boxelder, Elm
3. Big Tooth Aspen
4. Predominately Red Oak, Basswood, White Oak
5. Predominately Basswood, White Oak, Ironwood
Note: Each cover type listed begins with the most prevalent species.
Cover Type 1: Trembling Aspen
This is a young, healthy, thin stand less than 10 years old
Area of stand is less than one - quarter acre.
Sizes are 5" dbh or less.
Cover Type 2: Boxelder. Elm
• Size of 8" or less dbh.
• Only concentrated stand of Boxelder.
• Larger trees are absent in this area.
Page 6
Cove- Tvoe 3' 8ia Tooth Aspzn
A small stand, one- quarter acre or less.
6 so 8" dbh
Young, healthy trees.
Cover Type 4: Red Oak Basswood. White Oak
• This area has the highest number of trees per acre (about 130 trees per acre).
• Average Red Oak dbh is 16 "; dbh's range from 12 to 20 ".
• Basswoods are smaller. Average dbh is 10 Trees range from 5 to 18" dbh.
• The least frequent trees are White Oaks. Their average dbh is 12 ", range is 8 to
17" dbh.
• Sizes and numbers of trees from Cover Type 4 were found by measuring trees in a
representative one -fifth acre sample,
Cover Type 5: Basswood. White Oak. Ironwood
• Trees in this area are more sparsely populated than Cover Type 4. 50 mature trees
per acre estimate.
• Trees have a larger average diameter than Cover Type 4.
• Ironwood is established. Nume•ous small trees.
• Very few Bur Oak in this area.
Conclusion
• The large high - quality trees that are found on all sites are very susceptible to
construction damage, either by filling over with soil, compaction from equipment, or
excavation.
• A minimum safe distance from these trees would be the drip line (the area around
the base of the tree that is determined by the outermost edge of the branches).
Page 7
If drainage patterns change, soil and moisture conditions will change, thus affecting
the health and vigor of the trees.
It is a good practice to keep desirable small trees because they can survive
construction and eventually replace the old trees when they die.
Page B
Appendix A
Hickory, Bittemut
FORESTRY TE RMS
caliper
The diameter measured near the base of a tree, common
Oak Bur
in nursery stock.
dbh:
The diameter at breast height — universal forestry term to
describe tree sizes.
drip line:
the boundary of the area of a tree defined where the water
would drip from the outermost branch tips.
LIST OF TREE SPECIES
Common Name
Scientific Name
Ash, Green
Fraxinus pennsylvanica
Aspen, Big Tooth
Populus grandidentata
Aspen, Trembling
Populus tremuloides
Basswood
Tills americans
Boxelder
Acer negundo
Cherry, Black
Prunus serotina
Cottonwood
Populus deltoides
Elm
Ulmus species
Hickory, Bittemut
Carya cordiformis
Maple, Sugar
Acer saccharum
Oak Bur
Quercus macrocarpa
Oak, Red
Queicus rubra
Page 9
CREDENTIALS
James K. Spieker
14226 Ash Circle N.E.
Prior Lake, MN 55372
Phone: 445 -8569
• Forestry and Watershed Management, University of Minnesota
• Agriculture Education, University of Minnesota
• Lumberjack Tree Service, Owner /Operator
• Forest Service, Technician
• Scott County Sail and Water Conservation District, Technician
• Johnson Logging, Timber Buyer
Page 10
Vaitey Surveying Co., PA.
aare ao-e, rnerm.e, rnz: pct amwuwnna
IX YT T A IW
ME I'mil IGcuw— aN96slt
J
�T
maHli
Ivor --
'
es
A
N tmbM YwsW mINNYNW�
rer�ire,W .W ue L.a HIV a a u.,r N W.a MN
w,u.uN ae W wn Yom. W,� N bfJ twt it. Y 1w w
r :+ i,`, �°:w,aNNi.:w'n'�"`N+•aum„u�..,s n.w.,a
eoit w aar
0
:� ••�• w u'�a' »m
wdu wema
,�
lagl w+Vi
' �
e.rrvNmrt,m o,u a
nIi
E
m ®
as
�a+.w mwwa`�w
MWW �
{
i
SITE WcnnoN MP
0
wdu wema
zwM .
®wmm
a.n.....
as aY
zYa
m ®
as
�a+.w mwwa`�w
MWW �
I ,
I •
4
4
R tIM
o�se
{RY SITE. GRADIW PLAN
OAKS, - FIRST" ADDITION
nta . � ser — .—
'Valley Surveying Co., PA.
aerE Oro -e, mauav ME �' a mxwc .m
__ .e.- `_" :9�6t TRAM ae.
PRlafl U E. AWfl$ A IIAWZ
T[i lS r (m)W -W"
-- Vnfley Surveying, Co., PA,
A4R 110-0. fA U L
I'MI CdumWNNli
MOYO KE'(6 tt I' MIL YS12
8E-
%I MN
IOP 4NF. MX.�[�fl
RiEewx+E qua ➢an -uro
P�tELIMIIIIARY, /SEWER ,d W9LER ? LAYOUT
FURf; S OAp'<S; FII7SL AQDITION
zo
it
a .= J'v J1i \�� t
•
-
m
'a
4YY �
OF , r \i/M
Illt O t� ii � /pt
'o
Volloy Surveying �Co., PA.
aUIE RO -C. M. 1R L ME OL w ...
IS". ER<NKUN T IL RE.
PRIOW ".E. MINNESOTL 53,12
TEIEPWN£ 181211.1-2520
FORESTFO' INVENTORY, PJ_AN
FOIPFS OAFS -6RSL ADDITION
�, // m ✓' • I l i I ,' -- '-- _� _ . n.m,.. K.a....
s
\ L �Dytf Y L�'JL! SRS - � 4 E•7 I ` kirt r.�lut
we4
— nn
�
i I r
SITE LOCATION MAP
I
mal�/Y K
a.af v,
ww
e.w ..bow
March 30, 1993
City Of Prior Lake
4629 Dakota Street
Prior Lake, MN 55372
Attention: Mr. Larry Anderson
Dear Mr. Anderson:
This letter is to request that the preliminary and final
plat for Forest Oaks be prccessed jointly.
It is our intention to provide all needed material as requested.
Regards, �7 ,[� //'
) C a� N' 1z "J �-
Robert A. Paschke
AGREEMENT
Upon acceptance of final plat approval by the City of Prior Lake,
the developer of Forest Oaks, consisting of eight lots at the
NE corner of Forest Circle and Fish Point Road, agrees to be
responsible for road improvement costs exceeding $2,000 per
existing home as outlined below.
The following home owners agreed to be responsible for payment
up to $2,000 for said improvements:
Glen and Lisa Sass
15220 Forest Circle S.E.
Prior Lake, MN 55372
Craig Vogt
15200 Forest Circle S.E.
Prior Lake, MN 55372
U�
—
Dan Hershy
15325 Fish Point Road S.E.
Prior Lake, MN 55372
Mark and Sue Grinager
15234 Forest Circle
Prior Lake, MN 55372
c/o Dan and Ursula Pluhm
The above signatures were witnesses
Agreed and accepted by:
by:
—
Robert A. Paschke, President
JMP Development Inc.
� rUHh HApt AW(tt MtNi
NALlpnsen o"O nAsaW.:bn Ng 0VvI
dad vn wry senator v'asq ass d use m me. d p:r bm
'A Pomlig Trndl( ion B(nce 1956''" 9. Data �b2Gh !// /�. f _
2. Pape I d Page
3, REC£vMt>s D!2 "d-C a4d i Pith,...
t
5. !tan - b tan Act Do9rs lY- .�Oeb _ -J
0. by tlEf a SH NOTE as aerosol money to be deposited upon i caplanca of Purchase Agreement by all parties, on or
7. before IM men bu.lnaw day air •aceplsnCa, In a Wr ...nl of Ibling broker but to be returned to Buyer It Pash...
e. Agreemenl b eel..pbd Is Sylbv. S aallwsl ^� y b pan payment br tM pun:hase d IM prcgery bealod a;
9. Sime!AN1inat Z52 FO SS /' _ d[ _
d
to. Car 0 r ✓, Can Fatyd Slalo d Mnnsda
i1. Legah d�f
,z W� dk z5- 105od✓ -D n „�` y e/ et / .pwy �
b -
11 J ilmg Iles lolbwvp psoperty. 9 arty, owned by Saks M n and baba on sad prop"y: garden highs. plants, sbvM, and
14 , coax; slwm sash, storm doom. whitens ad awdngs; window shades, blinds traverse and anal and drapery rods; anachod IgNing
15. Oalmas and With,; p1.mbk, floss web, heater. hear, piano (w4h any b ....... Ise a kin. and other ceubmenl used in
16, sim -cion lhisevothl, Wolin sit mlWV N
Oling WIpment, eleOM c air Mar. Walser Soften plHONE yuD.ln lanrv6lbr
17. and dahumidgep fyual gamed and ..nods (if the progeny of Sol.,). samp pump; inached bbvbbn antenna, cable N Ism.
18. and wbkg; BUILT -MIS: dis:washen, gadage dispcsah, trash compactors, ovens, cook lap stoves mivowave ovens. hand fans.
19. Mwaoms; ATTACHED: carpeting; mows; garage door opanre and 8" controls; make dalscl «a; Ibeplaca acwena, chore and
20. Matolabrs; AND: the following personal prcpany:
21.
zz
23. a9dwhich popery Sa9r has lhh Qsyegraedlo.03t.Buy «I «wmd:(i 3% eOO.,SD
24. /n.. tySAn (y
25. Dyer agreesW� vay o d foloAVw'vpmamw:Earnowmun.ydil AV 0 0
26. and Y ash on or bdan bl 0e a d raddming,ad
2). g1aMWadi A7 SOY. dal by lklancig In am«danse ash Bee asserted addandum:
28. Conventional (FHA VA�Ce rots, a« bra aaar
29. STis Mdase 1preeman - yb ledga_Iwrmnlbparryaddandum (M aruwarhl9, see Neded "dads...)
W. This Puadaw Agreement i a.� es' N aasaffelbn of e prwousy wrLon Punt »e Agreement dad
31. Agatha are aft 'dada wind ra made a prl d life Purdeew Agrearmm (Ender page «glass on Few 21
31 DEED /MARKETABLE TITLE: Upon parlomer0a by Srye, Soler steel solver Is �y� zN Wrongly Dad
W. )Dowd or by spare. i rry, oonaeyirp maAaNNa Mle, subled se;
U. (A) Wi And limiglaws, adWtru..go. and fedrargitlbns:(RI RasBNbnarWUng b. re lmprowmad d Me pro wilMd
M. effective Wallis. prwisove;(C)pe d rrymkwal diii by sea SNb of Lbaesda;(D) Ugly ad dNnaga xsewris whldldo sa l
3B kawfre with sshling Mnpmvamanr;(E) Rights d tenants ea lollowe(ad.ss spseMd. rot Wbl.d lolrardes�
37.
38. (F) Qla s SAal be spedhd In wAkg):
39. REAL ESTATE TA KES Shag be paid as lubws:
40. Buy., shall pry, r'raalx nom acv a ass r ._21hs .fl lam real asbte Imes due and payable In 6s. yet 19-9i.
41. Selby shag err and weal. ]..a due and payabe In Me two l9 In Ow evens
42 the closing dr. b charged, the red .side I ... a steal, 1 - Worst", be adjusted 10 the now closing data Seger wands
s.3. Ineatlw andpWabbnfeTwo 191Y will - homnteaI tlassiira!'vn. in Me ev.M pars or nonleomaded
44. via sdcwion is drd",s.9r apnea to pry Bayer w closing s __n-
45. toward sal. horawssed potion d W real Mae lazes. 8vyr.grew as pay any,emwMrg hahsaa of non4mmaaed lsen when M
46. become due and parable. fig her Sager nor Agere(s) make any rapiawdwon mmemkep the arraant of sethapuant real asWa two,
47. SPECIAL ASSESSMENT$ shal M pad all blows;
49. 11 WER MD SFI I.M SMU PROMTE AS QE (nnaMwds
49. of specie awessmarn cem ittial yr pare, with the real nlab tarns dal and pelabN h Me year at Clast,
50. BUYER SHALL ASSUMEIFtI PRSl61LL VRY r&to d closing s.9 dMrspeChl awnsamads lwied Y d Me doe d dosip.
51. BUYER SHALL ASUM SE1 p h LPROSI FO gPAY6 h wwawmn «s podm asel BUdtladrNeagreemrabr
52 Ingrowmagare the Iona been card by 0r CAy Casual of odor saw M inanities (Sabel provision Joe paysied steal be by paymrs lass
M. eahmwd 2timu paesdmrdanlat dOw ssmede,«Waas rr+.srd by euy.raledr.)
54. BU TEKSI: r r daladdodnp awydeland,W niwaMws«spatlalawessmarsapaynwnt "radish
5& r.eu name dsados4Vdssawla BWar3halMFy Isaaeteendma pay"btheyowfoffmkV bsbgemd eew
Sfi. and arty unpaA Spndal asaeawrrwds pryadelhrewM rdlMUaaIIr,lM paymoMdwhirhb noloNrwh. prodtle0.
LJ
57. Se9r and Buy al fMlaF. Salor(Ig /_7Ri guy.rta) � { • u.Q Does 11 "R_
58. EBlsollaall (/ assul]
PURCHASE AGREEMENT
5
„- .. �•u P ,�:!m,n stn_<ass-° IDZ. Addr,.a Gam ___
1 ro. Page 3 Dam
:r ASOF 7PEOATEOFTHIS AGREEMENT, SELLER REPRESENTS THAT SELLE AS�q,L RECEIVED A NOTICE OF HEARING
:':5 FOR A HEW PUBLIC i1APROVEMENT PROJECT FROM ANY GOVERNMENTAL ASSESSING AUTHORITY THE COST$ DF WHICH
ICS. iRO,ECTGAY BE ASSESSED AGAINST THE PROPERTY. IF A NOTICE OF PENDING SPECIAL ASSESSMENT IS ISSUED AFTER THE
107 DATE.. ^.F THIS AGREEMENT AND ON OR BEFORE THE DATE OF CLOSING, BUYER SHALL ASSUME PAYMENT OF
`O OF ANY SUCH SPECIAL ASSESSMENTS, AND SELLER SHALL PAY
C9. ON DATE OF GLO3ING (OR ESCROW FOO PAYMENT AS PROVIDED ABOVE)
111 OF ANY SUCH SPECIAL ASSESSMENM, IF SUCH SPECIAL ASSESSMENTS SHALL EXCEED $
Ill LiIS PURCHASE AGREEMENT SHALL BE NULL AND VOID. PARTIES ACRES TO SIGN CANCELLATIM
112. ANO ALL EARNEST MONEY PAID HEREUNDER SHALT BE REFUNDED TO BUYER, UNLESS ONE (
113..4GRFES IN W BITING ON OR BEFORE ME DATE OF CLOSING. TO ASSUME PA1. CR PRnNnP Eno we r
114. POSSESSION: SaAw sha1I darwer possession of the n"Ity not lala than
t 15. Al InlereA, hamepwrer as^uulon Area, rants, lust wl, I4uW peuWeum gas aro
It6.
passha tePrwatedbetweenlheldieaaad
517. Seller aorees to remove ALL DEBRIS bND ALL PI' AI PtN1PFRl4ATiTT
obshrg.
110. ENVIRONMENTAL CONCEHNB: TOOwbeS tl4he5eAer ilvwledVa llwre ararohazardoussWsiam�,w Vroagmpro slwage Wrk >, a.caq
t 19. M1erein Yed: _ __
120.
121 SPECIAL WARRANTIES
122 SELLER WARRANTS THA
123. SELLER AGREES TO PR
124. GOVERNINGAIJTHORTTY
125, ANDPLUMBING SYSTEM
126. EXCEPTASNOTEDONA
129.
D SEUE H$f/� iSA DAWETBASEMENT, AND RODF,WALLOR CEILING DAMAGE CAUSED BYWATERI
131. OR ICE BUILD-UP. BUYEBU`E(011 RECEIVED A REAL ESTATE TRANSFER DISCLOSURE STATEMENT
132. BUYER HAS RECEIVED THE TRUTH IN HOUSING INSPECTION REPORT, IF REQUIRED BY MUNICIPALITY.
133. BUYER HAS RECEIVED THE WELL UISCLOSUff STATEMENT REWIRES BY MI)INESOTA STATUTES SEC. 1DAMS.
140. AGENCYDISCLOSURE _- /.V1+nA 174AI&Jw,Sp _STIPULATES HE OR SHE IS REPRESENTING
THE
TRANSACTION. THE LISTING AGENT
NON. EVER 6 SELLER INITIAL: Ruvr
152. 1, the owner of the goporty, ac, z 1h¢ Na..., Ina, a Saxe
t 53. the a,bn*erbwnhdrawa. popany m m m
LOthaaA,
154. UnlII InnairVCled othanvis. In w,itm.
155. n _ 11. 3-J"j
156. 11�� trr ntt% !r
157.
se. 3 a
159. _ row
t6D. -1'IZ- q ?__tyq h M
E`11' 161. PYtSLA?.EPIAACE GriF E`11' XS SELLPG MEMtCCe.wW'I
162. 5 GALLYSIND:NG -nNT
10. CR IPT] aS IF YOU DESIRE LEGAL OR TAX AL , E,
Degree IP gnchase it. qo M, Iw the price and on Dw
V
W.. am mMnian sat lonh above.
x
91
4l2 -RO- 5690
Pew
M
r te. _'
It P
a,ar.w
\A�SU10. 1�l U \�M
yw
j
i' 1 i
'l 2
3 0 �
g d
,a;, 1 � C"• , I ld
I N T E R O F F I C E M E M O R A N D U M
TO: DEB GARROSS, ASSISTANT CITY PLANNER
FROM: BRUCE LONEY, ASSISTANT CITY ENGINEER
SUBJECT: ,'FOREST OAKS 1ST ADDITION - REVIEW OF PRELIMINARY
AND FINAL PLAT
DATE: APRIL 27, 1993
The following comments are for the review of the above
referenced plat by the Engineering Department. The developer is
proposing to subdivide property for eight (a) single family
residential lots. In order to do this, the current private
street of Forest Circle must be improved to serve the
development. A 429 Improvement Project process has been
initiated with the developer and the three (3) lots adjacent to
Forest Circle to receive assessments for improvements. A 429
Improvement Public hearing has been scheduled for May 17, 1993 in
conjunction with the plat approval consideration by City
Council.
The Engineering Department comments for the development are as
follows:
Preliminary Plat Plan
1. Outlot A of Shangri -La must be granted to the City. This
Outlot A and developer's dedication of right -of -way should be
a 50' width. A quit claim deed has been submitted without
being properly executed to the City.
2. On Lot 7, there a ponding exists for storm water retention on
the site. This area was checked by Pete Beckius, SWCD, and
was determined not to be a wetland. This area is normally
dry as the water percolates into the ground. The City will
however, need a drainage easement for the 100 year flood
elevation.
3. Drainage easements need to be provided where drainage
crosses lots.
4. Easements needed for the utility and street improvements must
be granted by the developer. Example - The storm sewer pipe
to the low area on Lot 7 extends into Lot 7.
Preliminary Site Grading Plan
*5. The site construction plan with erosion control was not
included in the submittal. If approved, the City's
consultant, Maier - Stewart, will complete the design and
include an erosion control plan for the project.
4629 Dakota St. S.E., Prior take, Minnesota 55372 / Ph. (612) 4471}230 / Fax(612)447-4245
AN EQUAL OPPOUMM EMPLOYER
The grading plan needs to include house elevations and house
types to see what the effects of development are to the site.
The lowest building level elevation should be at least 3 feet
above the 100 year flood elevation of the low area on Lot 7.
Proposal slopes at lot boulevards are shown at 3:1.
Re.:ommended maximum slope in boulevard area is 4:1; however,
:hie. may result in more tree loss.
At the low point of Forest Circle and Lot 7, the sideslopes
are shown at 2:1. These steep slopes again were shown to
minimize the tree loss on the site. Staff would recommend a
minimum slope of 3:1 in this area and special measures are
needed in order to establish vegetation growth in this area.
Preliminary Street Drawing
*9. The low point on Forest Circle and adjacent to Lot 7 may need
to be adjusted further to the south in order to allow a
driveway to Lot 7.
10. The plan shows a street width of 28' back to back to curb.
Normal street width is 32' back to back of curb as per
subdivision ordinance Table I.
*11.Street grade at Forest Circle and Forest Court should be
adjusted so that the street drainage of Forest Court will
flow to the ponding area on Lot 7 before leaving the site.
12. Forest Circle street pavement does not need to be extended to
the plat line. Recommendation is to end the street paving
past the last existing driveway on Forest Circle and paving
an 8' bituminous park entrance trail for the neighborhood.
A plan showing the profile of the trail is necessary.
*13.MH #2 should have an outside drop for service connections to
Lots 3 & 4.
14. Sewer and water services to utility and drainage easement
line - utilities such as Minnegasco, Scott -Rice Telephone,
cable Tv, electric company, have installed their lines also
within the 10' drainage and utility easement area. The City
may want to waive these requirements for this site in order
to preserve as many trees as possible.
Preliminary Storm Sewer Drawinq
*15.At CB #4 and CB /MH #3, the storm sewer pipe crossing
elevations will intersect with the existing sanitary sewer.
Adjustment of storm sewer grade is necessary to avoid the
sanitary sewer.
16. The drainage for most of the area flows to a low area on Lot
7. The drainage system can be designed to flow to this low
area. The developer' engineer should address the existing
drainage and the development's runoff rates and volumes, and
how the development will affect the storm water.
1.7. An executed developer's agreement needs to be enter into
with the City at the May 17, 1993 Council meeting, if the
plat and project is approved.
* Those items with an asterisk are items that will be addressed
by Maier- Stewart, Inc., the City's consultant who will
prepare final plans for the project, if approved.
(MEMO29)
/ PR,
MEMORANDUM ��
To: Planning
From: Ralph TeschneY Fi:
Re: FOREST OAKS 1ST AD'
(assessment review
Date: April 8, 1993
Forest Oaks 1st Addition comprises a 3.76 acre r
36- 115 -22 (PIN# 25 936 051 0) which has been p
for water and sewer improvements under Proje
The area of the preliminary plat has been 100$
water and sewer acreage charges. All past ap
assessment amounts have been called and distribi .
land with one exception. The westerly 153
abutting Fish Point Road has been, and will
deferred indefinitely due to severe slopes.
nce Director
7ION
rcel in section
- viously assessed
74 -2 &3 in 1974.
sessed for trunk
icable deferred
ed against the
of the property
continue to be
Since utilities are adjacent to the property site, the cost for
the extension of services internally will be assessed to the
developer on the basis of a unit assessm t cost distribution.
In addition to thee_ improvement costs, the subdivision will be
subject to the charges outlined below:
Stormwater Management Fee ... ;.8 cents /sq ft.
Collector Street Fee ... $700.00 /acre
The application of these City charges would generate the
following costs to the developer based upon a net area of 138,521
square feet as provided within the site data of the preliminary
plat description:
3.18 acres @ 700.00 /acre ... $ 2,226.00 (collector street)
138,521 sq. ft @ 16.8 cents ... $23,271.53 (storm water)
Total City fees ... $25,497.53
Assuming the initial net lot area of the plat does not change the
above referenced storm water and collector street charges would
be determined and collected within the context of a developer's
agreement for the construction of utility improvements at the
time of final hardshell release.
There are no other remaining special assessments currently
certified against the property. Also, the tax status of the
property is current with no outstanding delinquencies.
4629 Dakota St. S.E., Prior lake, Minnesota 55372 1 Ph. (612) 4474230 1 !F. •12) 447 -4245
AN EQUAL OPPORIUNUY EMPLOYER
0 PRdf
i N
Lam ,M�
i
M E M O R A N D U M
TO: DEB GARROSS, ASSISTANT CITY PLANNER
FROM: BILL MANGAN, DIRECTOR OF PARKS AND RECREATIO
RE: PARK DEDICATION FOR FOREST OAKS 1ST ADDITIO
DATE: APRIL 27, 1993
Deb, due to the relatively small size of this subdivision,
the park dedication for this plat will be in cash rather than in
land. In addition, there currently exists two neighborhood parks
with a t, _rd being identified in this neighborhood.
Park iedication is determined on a raw land basis. The
current Figure used for raw land purposes, non - lakeshore, is
$7,500 per acre. When applying this figure to the acreage of the
subdivision (3.76 acres), a raw land value of $28,200 has been
determined.
Once the raw land has been determined, the 10$ park
dedication re(juirement is applied. For Forest Oaks 1st Addition,
the cash required for park dedication would be $2,820.
If there are any questions, please contact me.
Thank you.
4629 Dakota St. S.E., Prior Lake, Minnesota 55372 / Ph. (612) 4474230 / Fax (612) 4474245
AN EQUAL OPPORT M1 e4PIDVER
�(�S�7TIAATEE OF �
U V H [5 210) I TL =.1
DEPARTMENT
PHONE NO. 772 -7910 METRO WATERS,
April 9, 1993
Of NATURAL k"SOURCES
1200 Warner Road, St. Paul, MN 55106
FILE NO.
Ms. Deb Garross
City of Prior Lake
4629 Dakota Street S.F.
Prior Lake, Minnesota 55372
RE: FOREST OAKS FIRST ADDITION PRELIMINARY AND FINAL PLAT
Dear Ms. Garross:
I have reviewed the materials you sent relative to the subject plat
proposal and offer the following comments for consideration.
The site lies within the shoreland district of Prior Lake. Minimum
lot sizes for non - riparian lots is 10,000 square feet. This
requirement appears to be met. The only concern I have is relative
to stormwater management. I note a depression located in the
southwest corner of Lot 7. Lot 7 is nearly four times the required
size. I recommend the city consider altering the alignment of the
proposed Forest Circle, and providing storm water detention in the
low spot in Lot 7. If there is a location on the proposed plat
that is better suited to provide for stormwater management, it too
should be considered.
Providing for pre - ponding of runoff from the proposed subdivision
before it is routed to Prior Lake will benefit the water quality of
Prior Lake.
Thank you for providing the opportunity to review and comment. If
you have any questions, please contact me at 772 -7910.
Sincerely,
Patrick J. Lynch
Area Hydrolo4fst
AN EQUAL OPPORTUNITY EMPLOYER
09 .
..Ea of She Proceedings of the Village Council of the Village of Prior Lake in the County of Scott and $iota of
Minnesota, including all accounts audited by said Council.
— _— _ — _ — T - -- _.
ye 2
zL, 78
y_En Anderson stated that a public hearing h been a for paving
Fairlawn Shores Tra f' ynd the_estima ted paving ^ cost _ for shangri -La subdivision
approxima $15,325.00. A trunk store; sewer was approved at the same public
sing and the estimated cost for this subdivision is approximately $21,375.00.
existing, deferred assessments on the property_ will _b m c
ecoe urrent in 1979.
and 2, Block will receive water service from Bluedorn Circle.
by. Busse _Ag..4PPFPb'e,Sl;e_Pardshell Plat, far . lhangri -La .contingent
A. Outlot A shall remain private until the property to the east
.fZ€Y�1gE_ elan{ j_ khat ._�Xq- Ci,.ty'ariil "at - 'ilia F'CtrTe w372 "ZBnvert
. Out1_ + ot P t a public roa dway status. ' '
B. Alt ag essments li n deferred assessed which will become
current in 1979 are to be
paid
w and the developers a reement �e
aive anti__ ,.. a sine'Ios ,aie develo ` -
'
_._.__.. _. Pad; -...
C. Park Agreement shall be signed any the utility easement
bo_be_shoxra... ...
and upon a vote taken.4t -Was duly passed.
Gary Eastlund of Scottland, Inc. was present to discuss the rezoning
Brooksville Hills 4th Addition.
Motion was made by Hafermann to approve the rezoning within, portions of
Brooksville Hills 4th Addition Outlot A and B from R -1 to R -2 and R -3,
seconded by Busse and upon a vote taken it was duly passed.
'Motion was made by Busse to approve the preliminary plat of Brooksville Hills 6th
Addition contingent upon:
A. Drainage over city utility area be worked out.
B. Capacity of lift station on Franklin Trail is to be considered.
C. Oversizing of watermains to Greenbriar POD must be determined.
D. Lots facing Franklin Trail must have hammerhead driveways.
seconded by Watkins and upon a vote taken it was duly passed.
The Council then considered the preliminary draft of the 5 year CIP.
Motion was made by Watkins to establish a public hearing date for the 5 year
CIP for July 24th at 8:30PM, seconded by Busse and upon a vote taken it was
duly passed.
Motion was made by Watkins to direct the staff to prepare a recommendation and
resolution in reference to extending the subdivision ordinance to include
outside of the current city limits of 2 miles, seconded by Busse and upon a vote
taken it was duly passed.
The City received notice from the Prior Lake Hockey Association that there will
not be a sports Arena built.
"SUO3CI"
3 f?
AGENDA NUMBER:
PREPARED BY: DEB GARROSS, ASSISTANT CITY PLANNER
SUBJECT: CONSIDER REQUEST BY ROBERT PASCHKE TO
CONSOLIDATE THE PRELIMINARY AND FINAL PLAT OF
FOREST OAKS FIRST ADDITION.
DATE: APRIL 19, 1993
INTRODUCTION: The Planning Department is in the process of
reviewing a subdivision application from
Robert Paschke to divide a 3.7 acre parcel
into 8 single family lots. The subject site
is located north of Fish Point Road and East
of Forest Circle.
BACKGROUND: The attached memo from Bruce Loney, dated
April 5, 1993 explains the background related
to this proposal. The applicant requests the
City to install public improvements. The
public improvement public hearing previously
scheduled for April 5, was continued to May
17, 1993 in order to allow adequate time to
process the subdivision. See attached memo
for further reference.
DISCUSSION: Section 6- 3- 3(B)4, of the Prior Lake
Subdivision Ordinance specifies that the
consolidation of preliminary and final plat
review may be requested by the developer from
the City Council provided that the Council
approves the request prior to the preliminary
plat public hearing. The preliminary plat of
Forest Oaks First Addition has been scheduled
before the Planning Commission on May 6, 1993.
It is anticipated that the preliminary and
final plat would be brought to the Council on
May 17, 1993 in order to coincide with the
public hearing for Improvement Project 93 -13,
Forest Circle and Forest Oaks 1st Addition.
ALTERNATIVES: 1. Approve the request to consolidate the
preliminary and final plat review before
the City Council.
2. Deny the request for specific reasons.
4629 Dakota St. S.E., Prior Lake, Mjnne ota 55372 1 Ph. ;612) 4 ?7 -4230 i Fax (612) 447 -4245
A EQUAL OtTOmimm EMPLO Fa
RECOMMENDATION: Alternative #1. The consolidation of
preliminary and final plat review will allow
the public hearing for Improvement Project
93 -13 to take place on the same evening.
ACTION REQUIRED: A motion to approve the request for
preliminary and final plat ccnsolidation.
March 30, 1993
City Of Prior Lake
4629 Dakota Street
Prior Lake, MN 55372
Attention: Mr. Larry Anderson
Dear Mr. Anderson:
This letter is to request that the preliminary and final
plat for Forest Oaks be processed jointly.
It is our intention to provide all needed material as requested.
Regards, /'
Robert A. Paschke
AGREEM
Upon acceptance of final plat approval by the City of Prior Lake,
the developer of Forest Oaks, consisting of eight lots at the
NE corner of Forest Circle and Fish Point Road, agrees to be
responsible for road improvement costs exceeding $2,000 per
existing home as outlined below.
The following home owners agreed to be responsible for payment
up to $2,000 for said improvements:
Glen and Lisa Sass
15220 Forest Circle S.E.
Prior Lake, MN 55372
Craig Vogt
15200 Forest Circle S.E.
Prior Lake, MN 55372
—
Dan Hershy
15325 Fish Point Road S.E.
Prior Lake, MN 55372
`. Mark and Sue Grinager
15234 Forest Circle
Prior Lake, MN 55372
c/o Dan and Ursula Pluhm
f
The above signatures were witnesses by: GI•
Agreed and accepted by:
& 4 x - i�" I'
Robert A. Paschke, President
JMP Development Inc.
p'h-
AGENDA NUMBER: 9
PREPARED BY: BRUCE LONEY, ASSISTANT CITY ENGINEER
SUBJECT: PRESENTATION OF IMPROVEMENT PROJECT 93 -13,
FOREST CIRCLE AND FOREST OAKS 1ST ADDITION
DATE: APRIL 5, 1993
INTRODUCTION: The purpose of this Agenda item is to present
the proposed improvements of Forest Circle and
Forest Oaks let Addition.
BACKGROUND: On February 15, 1993, the Council approved
both the Feasibility Study for the project and
Resolution 93 -05 calling for a Public Hearing
on the improvement project.
This project was initiated by the developer,
Mr. Robert Paschke who is proposing to
develop eight (8) single family residential
lots along Forest Circle and Fish Point Road.
The Public Hearing for the Forest Oaks 1st
Addition plat and proposed public improvements
were to coincide with each other on 4pril 5,
1993. The developer has not submitted all of
the necessary information for the plat to be
reviewed by Staff, the Planning Commission,
and the City Council.
The public improvement hearing was scheduled
for April 5, 1993 in anticipation of the
submittals being reviewed and plat hearings
scheduled. At this time, the submittals have
not been received by the Planning Department.
The developer has indicated that he is
planning to proceed and will complete his
submission. The earliest hearing dates for
the plat, if submittals are received shortly,
would be May 6, 1993, Planning Commission and
May 17, 1993, City Council.
This improvement involves the installation of
sanitary sewer, watermain, storm sewer, and
street paving for an eight (8) lot
subdivision. To serve the development, the
private road of Forest Circle is proposed to
be improved with concrete curb and gutter,
storm sewer, and street paving. This street
would also be dedicated, as a public street as
a condition of the plat. There are three (3)
4629 Dakota St. S.E., Prior Lake, Minnesota 55372 / Ph. (612) 4474230 / Fax (612) 4474245
aY EQUU OPPORTUNMY R4PIAYnt
existing residential homes off of Forest
circle that are affected by the project.
Attached to this Agenda report is a location
map showing the affected existing lots and
proposed subdivision lots.
DISCUSSION:
Staff contacted the developer on March 24,
1993 to discuss the status of the project.
Attached is a memorandum from Larry Anderson
to Mr. Paschke in regard to the telephone
conversation. The gist of the conversation is
to inform Mr. Paschke that if the plat and
public improvement hearings are not approved
at the May 17, 1993 Council Meeting, the
Forest Oaks project will not be included in
the City's 1993 construction program and bond
issue.
The Council should open the hearing and
continue the hearing for the May 17, 1993
Council Meeting. This continuance can be done
by a motion.
ALTERNATIVES:
The alternatives are as follows:
1. Open the Public Hearing and continue the
hearing to May 17, 1993, at 8:05 P.M., in
the Council Chambers.
2. Deny approval of this project at this
time.
3. Table this item for a specific reason(s).
RECOMMENDATION:
Staff recommends Alternative Number 1 so that
the plat hearing and public improvement hearing
can be held jointly.
FINANCIAL IMPACT:
The cost of the project will be recovered
through special assessments.
ACTION REQUIRED:
The action required will be to make a motion
to continue the hearing to May 17, 1993 at
8:05 P.M. in the City Council Chambers.
PROPOSED
=. y,
J
ea
FISH
1
SITE OF IMPROVEMENTS
TRAIL.
� -- --
tn
PROPOSED
1 2 3
iR£5 P �5 .,
6 5 q - --
�51 El -- --
1 �
8
ro) Rp4o — � _•� -r --
AREA 3 - FOREST OAKS SUBDIVISION IMPROVEMENTS
=. y,
J
ea
FISH
1
SITE OF IMPROVEMENTS
1 2 3
iR£5 P �5 .,
6 5 q - --
�51 El -- --
1 �
8
ro) Rp4o — � _•� -r --
AREA 3 - FOREST OAKS SUBDIVISION IMPROVEMENTS
� rxr
J
NOTICE OF CORRECTION -
"SUO3PN"
NOTICE OF SUBDIVISION PUBLIC HEARING
FOR FOREST OAKS FIRST ADDITION
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, May 6, 1993 at 7:35 P.M.
The purpose of the hearing is to consider the subdivision of the
following legally described property into eight lots for single
family development purposes.
LEGAL DESCRIPTION:
That part of Government Lots 1 and 2, Section 36, Township
115, Range 22, Scott County, Minnesota described as follows:
Commencing at the southeast corner of said Lot 1; thence
north along the east line of said Lot 1, a distance of 400.00
feet; thence deflecting to the left 89 degrees 22 minutes 00
seconds a distance of 600.00 feet to the actual point of
beginning; thence continuing along the last described course
a distance of 302.30 feet; thence south parallel with said
east line a distance of 473.3 feet more or less to the new
right -of -way line of Maves Road; thence southeasterly along
said new right -of -way and right -of -way line to its
intersection with a line drawn south parallel with said east
line from the point of beginning; thence north along said
parallel line to the point of beginning.
Or more commonly described as:
Approximately 3.7 acres of vacant land located north of Fish
Point Road and east of Forest Circle.
If you desire to be heard in reference to this matter, you should
attend this hearing. The Planning Commission will acce oral
and or written comments. If you have questions regarding this
matter, contact the Prior Lake Planning Department at 447 -4230.
Deb Garross
Assistant City Planner
Date Mailed: April 19, 1993
4629 Dakota St. S.E., Prior Lake, Minnesota 55372 / Ph. (612) 4474230 / Fax (612) 447 -4245
AN EQUAL OPPOR Nn EMPIDYER
PRO
RESOLUTION 93 -02PC
RESOLUTION OF THE PRIOR LAKE PLANNING COMMISSION
ESTABLISHING FINDINGS OF FACTS AND CONDITIONS TO APPROVAL
OF THE PRELIMINARY PLAT OF FOREST OAKS FIRST ADDITION.
MOTION BY
SECONDED BY
WHEREAS, that the Prior Lake Planning Commission conducted a
Public Hearing on the 6th day of May 1993, to act on a
application submitted by Robert Paschke for a
Preliminary Plat for Forest Oaks First Addition; and
WHEREAS, that notice of the hearing on said motion has been duly
published and posted in accordance with the applicable
Minnesota Statutes; and
WHEREAS, the Planning Commission found the plat of Forest Oaks
consistent with the Comprehensive Plan and compliant
with the Prior Lake Subdivision and Zoning Ordinances.
NOW THEREFORE BE IT RESOLVED BY THE PRIOR LAKE PLANNING
COMMISSION TO APPROVE THE PRELIMINARY PLAT OF FOREST OAKS FIRST
ADDITION SUBJECT TO THE FOLLOWING CONDITIONS:
1. Those conditions outlined in the attached memorandum
from Bruce Loney dated April 27, 1993.
2. The City is given fee title to Outlot A Shangri -La in a
method approved by the City Attorney.
3. The tree replacement plan is acceptable to the Planning
Director.
4. The Developer agrees to subsidize the improvement cost
above $2000.00 to those properties on Forest Circle
benefitting from the improvements required as .part of
Forest Oaks First Addition.
5. The Developer enters into a signed Developers Agreement
by May 17, 1993.
4629 Dakota St. S.E., Prior lake, Minnesota 55372 / Ph. (612) 447 -4230 / Fax (612) 4474245
Ml EQUM OPPORfUMTN EW OYnt
Ed
7
Augment the grading plan by indicating house Vad
elevations and home style and as approved by the City
Engineer.
Grant any additional drainage and utility easements as
deemed necessary by the City Engineer.
Passed and adopted this 6th day of May _, 1993.
YES
NO
Roseth
Roseth
Arnold
_
Arnold
Loftus
_
Loftus
Wuellner
Wuellner —_
Greenfield
Greenfield
Horst W. Graser
Director of Planning
{Seal}
/F PRIO\
U x
h7
.1/j_ti..N ESL,'
"SU05PR"
PLANNING REPORT
AGENDA ITEM: 2
SUBJECT: PUBLIC HEARING - CARDINAL HEIGHTS PUD
REZONING APPLICATION, PUD CONCEPTUAL PLAN,
PRELIMINARY PLAT
APPLICANT: SIENNA CORP., JAMES HILL, BURNSVILLE, MN
PRESENTERS: HORST GRASER, DIRECTOR OF PLANNING
JAMES HAYES, ASSOCIATE PLANNER
PUBLIC HEARING: X YES NO
DATE: MAY 6, 1993
INTRODUCTION
The purpose of the public hearing is to consider three distinct
applications: Rezoning application, Planned Unit Development
(PUD) schematic and preliminary, and preliminary Plat
consideration for Cardinal Heights PUD. The three applications
are being considered contemporaneously because of the
interrelationship of the rezoning to the development proposal.
However, it is necessary to distinguish between the applications
in the review process since the subdivision, PUD approval, a:td
rezoning are separate issues. A separate motion in the form of a
recommendation to the City Council, will be required. Each motion
should be supported by findings of fact and performance criteria
relevant to the specific application.
The attached agenda packet contains the applications for
rezoning, subdivision, and Planned Unit Development along with a
written proposal prepared by the developer, supporting maps and
data. The applications are followed by memorandums from City
staff and other affected agencies received as of April 30, 1993.
Finally, the public hearing notices and maps published in the
Prior Lake American and mailed to approximately 90 residents,
business owners, utility companies, and affected agencies.
REVIEW PROCESS:
The Preliminary Plat of Cardinal Heights PUD is being processed
as a Planned Unit Development with the procedures and
requirements outlined in Section 6.11 of Zoning Ordinance 83 -06
and Section 6 -3 -2 of Subdivision Ordinance 87 -10. The provisions
of this section of the zoning ordinance are intended to provide
residential areas which can be developed with some modifications
of the strict application of the regulations of the R -1, R -2,
R -3, and R -4 districts.
The official application date for Cardinal Heights was March 28,
1993. Section 6 -3 -3 -B of the City Subdivision Ordinance requires
the city Council to either approve or disapprove the Preliminary
4629 Dakota St. S.E., Prior Lake, Minnesota 55372 / Ph. (612) 447 -4230 / Fm(612)447-4245
AN EQUAL OPPODUNrrY EMPLOYER
Plat within 120 days of this application date. Thus, the latest
possible City Council meeting date to consider the Preliminary
Plat is July 19, 1993. The City Council may continue the
Preliminary Plat decision only if it receives an agreement for an
extension from the developer. There is also a Rezoning
application on file as of March 28, 1993. The Planning Commission
is required under Section 7 -9 -D of the Zoning ordinance to
forward a recommendation to the City Council within 60 days. This
requires the Planning Commission to take action on the
application by the May 20, 1993 meetinc4. In addition, the City
Council must act on the Planning Commission's recommendation
within 60 days after receiving it. To amend the Zoning Ordinance
the application must also be approved by a two - thirds (4 -1) vote
under Section 7 -9 of the Zoning Ordinance. Cardinal Heights is
proposing to develop this project under the PUD format as well.
This requires an additional timeframe for review. Under Section
6- 11 -B -4 of the Zoning ordinance, within 60 days after the filing
of the schematic plan, the Planning Commission shall forward the
plan to the City Council with its recommendation. This requires
action on the schematic plan by the May 20, 1993 Planning
Commission meeting. The City Council shall act on this plan
within 45 days after receipt of the Planning Commission's
recommendation. The City Council may continue the review process
for additional study up to 90 days after initial receipt of the
plan from the Planning Commission, but is required to obtain a
written extension from the developer if more time is required.
The subject site consists of approximately 147 acres bounded on
the north by C.R. 44 on the east by the Credit River
Township /Prior Lake City Limit line, on the south by Markley Lake
and the open land of three various property owners, and on the
west by the plat of Brooksville Hills Fourth Addition St.
Michael's Cemetery, and a public utility area.
Site To o ra h and Drains e:
T e site s opes generally to the south and southeast and has
several low, landlocked drainage basins within it. The low areas,
because of their location and elevation, are the recipients of
significant off -site drainage. A low area directly south of
County Road 44 receives storm water runoff from the high school
and other areas north of the property. In addition, a low area in
the west portion of the site receives surface water runoff from
the developed residential area to the west.
There are two localized areas of 15 to 30 percent slopes in the
south portions of the property, which are also the location of an
existing stand of mature trees adjacent to Markley Lake. Markley
Lake, in the southeast corner of the property, is the site's
lowest elevation at 892 feet. The elevations vary across the
property from a high of 972 feet to the low point of 892 feet.
There are several stands of trees located on the subject
property. The largest grouping of vegetation occurs on the south
10 percent of the site, is associated with several areas of steep
slopes and extends down to Markley Lake. The size of the trees
in this stand ranges from 1 -8" caliper with a few 10 -12"
cottonwoods present. The quality of these trees appears to be
poor with many trees dying at the 4 - 5 " caliper size. There is an
excellent quality stand of trees on the south slope to Markley
Lake. This section is very healthy with sizes ranging from 4 -12
caliper trees. There are also a few scattered trees found
adjacent to County Road 44 near the northeast corner of the
property. The remaining stands of trees on the site are
associated with existing wetlands and consist of cottonwoods,
elm, and boxelder. The remainder of the site has been farmed or
used as pasture in the past and presently is fallow ground.
Development Proposal
Sienna Corporation is requesting PUD approval for 221 single
family lots on 147 acres, a density of 1.5 units per acre. The
single family lots are clustered over the site resulting in the
creation of four large outlots. These outlots have a variety of
functions including; storm water ponding, protection of steep
slopes and vegetation, open space, and recreation, including
public access to Markley Lake. A major collector street, Fish
Point Road, will bisect the site from the north to the
southwest.
The PUD section of the Zoning Ordinance allows the developer to
vary lot size, street size, and setback requirements as design
ions to reflect market conditions. These design options are
opt
important in developing a subdivision that has a positive
identity and that preserves and utilizes the natural
characteristics of the site to establish sense of community,
pride, and place. The minimum square footage for all lots n
Cardinal Heights is 10,000 s ft. with an average square
footage of 13,725 sq. ft. Lot widths average 86 feet, with 50
lots (238 of the total) located in the northeast portion of the
site ranging from 70 -80 feet wide at the building setback line.
Lots located on the west side of the proposed Fish Point Road are
80 foot or greater in width to compliment the existing housing to
the west. The remaining lots to the east of Fish Point Road in
the south half of the site, adjacent to Markley Lake, are 80 feet
or requeaenlee2i
ires so foot minimum lot widths and Cardinal Heights is using
the PUD format to vary from this requirement. The other
requirement that is being varied is the side yard setback
distance of ten (101 feet. While the houses will meet the
setback, the proposal is for a five (5) foot setback requirement
for the garage side of the proposed lots. In keeping with the
spirit of the PUD section of the Zoning Ordinance, the developer
is offering certain amenities, controls, and increases from
minimum standards in other areas to enhance the subdivision.
The developer is proposing that all neighborhood streets and for
s
Crossandra Street, west 5 of Fish Pointt except
Road. The 50 foot
right -of -way will help maintain a neighborhood character to the
housing areas. To encourage this neighborhood character, the
site plan promotes a series of small loop streets, decreasing
the amount of traffic directed to one particular area. To
compliment the 50 foot right -of -way, the developer proposes to
increase the standard 25 foot front yard house setback to 30
feet.
Additionally, the development proposes cul -de -sacs with a larger
diameter than the minimum to allow for greater snow storage and
the capability of on- street parking. The developer also proposes
to install common architecturally designed mailbox standards
which will help maintain uniformity and produce a neat, clean
street image.
The City currently requires two trees per lot to be planted, one
as a street tree and the other in the front yard of each lot. The
developer proposes to deviate from this standard by maintaining
the street tree requirement, but rather than plant another tree
in the front yard, plant the same number of trees throughout the
subdivision in appropriate locations. These locations would be at
corners, curves side yards, park entrances and other visually
important locations.
To further enhance and protect the value of the homes and the
neighborhood, protective covenants will be filed with the final
plat. Two car garages will be mandatory and no outside storage of
trailers, RV's, snowmobiles, boats or any other type of
recreational equipment will be allowed.
The developer has devised a schedule for development which would
allow for road and utility construction to be completed by the
winter of 1993. The proposal has been broken down into four
development phases which are projected to take 4 -6 years to
complete. Ownership of the outlots for Cardinal Heights will be
under the ownership of the City of Prior Lake. There are no plans
for a homeowners association for Cardinal Heights.
Assessments:
See memo from Ralph Teschner dated April 26, 1993 for details.
There are no outstanding special assessments currently certified
against the property and the tax status of the property is
current with no outstanding delinquencies. In addition, the
development site has received no prior assessments for City
municipal utilities. The subdivision is subject to a Stormwater
Management Fee (16.8 cents /sq. ft.), a Collector Street Fee
($700.00 /acre), and a Trunk Sewer and Water Fee ($2,750.00 /acre).
Total City fees required for the development of the subdivision
amount to $749,889.02 which will be collected upon entering into
a developer's agreement for the construction of utility
improvements at the time of each phase of the planned unit
development.
Com rehensive Plan:
Tie propose eve opment site is currently zoned R -1, R -4, and
C -1 over various parts of the property, while the Comprehensive
Plan Land Use Map shows low- density residential planned for the
site. The request for rezoning to R -1 would make the property
consistent with the Comprehensive Plan. The Environmental
Section of the Comprehensive Plan protects natural features from
adverse impacts of development. Intensive development is
restricted adjacent to areas identified as natural resource
areas such as steep slopes, dense woodlands, and wetland areas.
Cardinal Heights is consistent in this area by platting lots
around natural features and preserving sensitive areas with a
series of outlots. These outlots are proposed to become an
integral part of the park system for the neighborhood.
The Parks and open Space Section of the Comprehensive Plan has
two major objectives. First, to identify vital natural resources
and make them available to all residents. Second, to have
corridors of open space so that access may be provided within
and through neighborhoods. Cardinal Heights is consistent in
this area as well by preserving numerous areas of open space and
natural areas while making them accessible to all residents of
the development project. The main objective of the Housing
Section of the Comprehensive Plan is to provide a variety of
opportunities to both present and future residents of Prior
Lake. This is achieved in Cardinal Heights by a variety of lot
sizes and home styles available to prospective residents.
Major engineering issues are addressed in the Utility Section of
the Comprehensive Plan. This parcel of land was projected for
future development and sewer and water are available to the
site. The Transportation Section of the Comprehensive Plan has
some important issues that this development addresses as well. A
major collector is planned to extend from C.R. 44 to C.R. 21.
The developer has addressed this issue with his proposal to
extend Fish Point Road with a 100 foot right -of -way from the
north end to the southwest end of the site. In addition, the
proposal does not request any additional access points onto C.R.
44 which is consistent with the Comprehensive Transportation
Plan.
Finally, this development will have a major impact on the
Markley Lake Neighborhood District. The existing population of
500 people will increase by approximately 550 people when it is
fully developed. An objective of the Neighborhood District Plan
is that natural areas need to be preserved and integrated into
the parks /open space system. Cardinal Heights has recognized
this objective and the design is sensitive to this issue.
Markley Lake and the adjacent land is proposed to be deeded to
the City after the development is approved to become a part of
the City Park system. Overall, the Comprehensive Plan has
recognized the growth that will take place in this area and this
development is consistent with the long -range plan for this
neighborhood district.
Grading & Utility Plan
See memo from Bruce Loney dated April 30, 1993 for details.
Sanitary sewer, water service and storm water improvements will
be constructed by the developer with water and sanitary sewer
connections made to existing city facilities. Fish Point Road is
proposed to be constructed by the City of Prior Lake. All
remaining streets and improvements will be installed by the
developer. Electric, telephone, natural gas and cable TV will be
installed by the appropriate agencies.
Please refer to the attached letter from Maier Stewart and
Associates, Inc. on their review of the Cardinal Heights PUD.
These comments are being incorporated into the staff comments on
the propos al. in addition, the City Engineering Department has
the following additional comments on the proposed development.
The City's consulting engineer is preparing a future well system
layout based on the proposed plat which will identify locations
for future wells in the development. Staff anticipates receiving
this report in time for presentation at the May 6, Planning
Commission meeting. The proposed cul -de -sacs within the
development need to meet the standard design as shown in the
attached detail. Fish Point Road is a designated Municipal Aid
Road and to use MSA Funds on this road, the developer must
address the proposed eyebrow cul -de -sac in Block 11, with
possible design changes. Traffic issues must be addressed
including the impact of Fish Point Road on CR 44 and the impact
of Fish Point Road and CR 44 on STH 13. Crossandra Street in
Brooksville Hills is currently 36' in width. Staff recommends
that this width stay constant up to Fish Point Road as this is
the only east /west connection to Franklin Trail other than CR 44.
Other issues are addressed in greater detail in the letter from
Maier Stewart and Associates, Inc.
Park Dedication:
See me mom Bill Mangan dated April 28, 1993 for details. The
plat of Cardinal Heights more than satisfies the park dedication
requirement in Subdivision Ordinance 87 -10, Section 6 -6 -8. Over
one -third of the plat is proposed open space, while not all of
this land may be used for recreation purposes. There are six
outlots being platted in Cardinal Heights along with an
extensive trail system as proposed by City Staff.
Each of the outlots will be described below. Outlot A has
severe topographical constraints in addition to being part of a
ponding easement and has little or no value as public open space
for park purposes. Outlot B will have a dual use in the proposed
development, as stormwater management and open park land. There
may be storm water retained on the site, but will generally be
used as open space. This area will be developed simultaneously as
site improvements take place on the adjacent City well site.
Outlot C is proposed to be utilized as a storm water management
area with limited open space. There will be some neighborhood
trails introduced into this area to connect to Outlot D to the
south and east. Outlot D is the most important open space parcel
in the development. Major sections of the trail system will be
implemented in this area linking Markley Lake to the rest of the
parcel. The Parks Department has proposed some design changes to
allow for 240 feet of street visibility to this Outlot as it is
an important part of the community park system. This Outlot may
also include a parking area for about a dozen cars, picnic
shelter, and possibly equipment rental. Outlot E is proposed to
be used as a storm water managgement area due to severe topography
and a large ponding easement in the area. Outlot F is a remnant
parcel with little or no value due to its wooded areas and steep
slopes. The developer has not addressed the use of this parcel in
the development proposal.
Cardinal Heights presents an opportunity to add to the City Trail
system. Fish Point Road is proposed to have an 8' trail and 5'
sidewalk as it is a collector street for the City. This
development has made the connection to Franklin Trail along
Crossandra Street a more pressing issue. The developer has
proposed to extend a sidewalk along Crossandra Street to Fish
Point Road from the westerly property edge. The City Parks
Department feels that this sidewalk should be extended along
Crossandra Street for the entire length of the street to
facilitate pedestrian circulation. in addition, there should be a
series of trails through the various Outlots which generally run
from the northwest to the southeast area of the development.
This system is proposed to start in Outlot B crossing Fish Point
Road and going around the storm water ponds In Outlot C, crossing
the east -west road east of the end of Crossandra Street into
Outlot D, then continuing to the waterfront of Markley Lake.
General Discussion
The subject site is difficult to develop due to its abundant
relief, landlocked basins, and wetlands. The developer has done
a good job incorporating these desirable natural features into
the design of the plat. The majority of the lots are developed
on edges (backing up to open space) together with abundant relief
will produce a desirable living environment.
The overall density of the development is 1.55 units per gross
acre which is low even for Prior Lake standards of 2.2 to 2.5
units per acre. The developer has requested a reduction in width
from 80 feet to 70 feet for lots in blocks 12, 13, and 15. This
appears to be a reasonable request due to the large amount of
open space in the development and the location of the smaller
lots (in width only) do not effect existing development. The
curvelinear road system incorporated in the development produces
a variety of lot sizes and housing opportunities. The smallest
lot in the development is 10,000 square feet and the largest is
27,900 square feet with an average of 13,726 square feet per
lot.
Perhaps the reduction in sideyard setback to 5 feet for the
garage only has the potential for impact. The Engineering
Department has suggested that 5 feet is not adequate to provide
proper drainage between the garage and the property line. The
developer should indicate how drainage can be accomplished
without adverse impacts to affected homeowners. In general, the
development is consistent with the comprehensive plan and
policies of Prior Lake.
Alternatives
The Parks and Public Works Departments have suggested a number of
changes and additions that will affect the design of the
development. The Planning Commission has the option of approving
the development with contingencies or continuing the hearings
until the issues are resolved. If the commission's option is for
continuance, a detailed list of directions should be given to the
developer.
P R 10 +
F.
\ Mf - E5
NOTICE OF PUBLIC HEARING
FOR REZONING
You are hereby notified that a public hearing will be held by
the Planning Commission in the Prior Lake Council Chambers at
4629 Dakota Street S.E. on Thursday, May 6, 1993 at 8:30 p.m.,
to consider an application by James Hill of Sienna Corporation,
to rezone the following legally described property. The
proposals are to rezone approximately 36.48 acres of land from
R -4, Mixed Code Residential to R -1, Urban Residential,
approximately 17.26 acres of land from C -1, Conservation.to R -1,
Urban Residential, approximately 5.92 acres of land from C -1,
conservation to R -1, Urban Residential, and approximately 2.76
acres of land from C -1, Conservation to R -1, Urban Residential.
LEGAL DESCRIPTION OF AREA OF R -4 TO BE REZONED TO R -1:
The South east Quarter of the Northeast Quarter of Section 1,
Township 114, Range 22, Scott County, Minnesota.
except:
That part of said Southeast Quarter of the Northeast Quarter
lying southeasterly of the following described line:
Beginning at a point on the east line of said Southeast Quarter
of the Northeast Quarter, distant 400.00 feet north of the
southeast corner of said Southeast Quarter of the Northeast
Quarter; thence southwesterly to a point on the south line of
said Southeast Quarter, distant 600.00 feet west of said
southeast corner and there terminating. (Containing 36.48 acres)
LEGAL DESCRIPTION OF AREA OF C -1 TO BE REZONED TO R -1:
The south 940.00 feet of the north 1640.00 feet of the west
800.00 feet of the Northeast Quarter of Section 1, Township 114,
Range 22, Scott County, Minnesota. (Containing 17.26 acres)
LEGAL DESCRIPTION OF AREA OF C -1 TO BE REZONED TO R -1:
That part of the Northeast Quarter of Section 1, Township 114,
Range 22, Scott County, Minnesota described as follows:
Commencing at the northeast corner of said Northeast Quarter;
thence on an assumed bearing of South 89 degrees 39 minutes 12
seconds West along the north line of said Northeast Quarter, a
distance of 949.00 feet to the point of beginning of the land to
be described; thence South 0 degret.s 20 minutes 48 seconds East,
4629 Dakota St. S.E. Prior Lake, Minne to 55372 / Ph. (612) 4474230 / Fax (612) 4474245
AN EQUAL OPPORI'MW BfgjD nt
a distance of 460.00 feet; thence South 89 degrees 39 minutes 12
seconds West, a distance of 600.00 feet; thence North 0 degrees
20 minutes 48 seconds West, a distance of 460.00 feet to said
north line; thence North 89 degrees 39 minutes 12 seconds East,
along said north line, a distance of 600.00 feet to the point of
beginning. (Containing 5.92 acres)
LEGAL DESCRIPTION OF AREA OF C -1 TO BE REZONED TO R -1:
That part of the Southeast Quarter of the Northeast Quarter of
Section 1, Township 114, Range 22, Scott County, Minnesota lying
southeasterly of the following described line:
Beginning at a point on the east line of said Southeast Quarter
of the Northeast Quarter, distant 400.00 feet north of the
southeast corner of said Southeast Quarter of the Northeast
Quarter; thence southwesterly to a point on the south line of
said Southeast Quarter of the Northeast Quarter, distant 600.00
feet west of said southeast corner and there terminating.
If you desire to be heard in reference to this matter, you
should attend this meeting. Oral and written comments will be
accpeted by the Planning Commission. For more information,
contact the Prior Lake Planning Department at 447 -4230.
James Hayes
Associate Planner
City of Prior Lake
To be published in the Prior Lake American on Monday, April 26,
and Monday, May 3, 1993.
QF P R +
M �NNESO R
P
NOTICE OF PUBLIC HEARING
TO CONSIDER SCHEMATIC PLAN AND PRELIMINARY PLAT
OF CARDINAL HEIGHTS PLANNED UNIT DEVELOPMENT
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 _May 6, 1993 at 8:30 p.m._.
The purpose of the hearing is to consider a schematic plan
for Planned Unit Development of Cardinal Heights into 221 single
family lots.
PROPERTY DESCRIPTION:
The Northeast Quarter of Section 1, Township 114, Range 22,
Scott County, Minnesota except the north 330 of the west 330'
thereof, and except 5.28 acre tract described as follows: That
part of the Northeast Quarter of Section 1, Township 114, Range
22, Scott County, Minnesota, described as follows: Commencing at
the northeast corner of said Northeast Quarter, a distance of
449.00 feet to the point of beginning of the tract of land to be
described; thence continuing westerly along said north line, a
distance of 500.00 feet; thence southerly at right angles to
said north line a distance of 460.00 feet; thence easterly
parallel with said north line, a distance of 500.00 feet; thence
northerly at right angles, a distance of 460.00 feet to the
point of beginning.
or more commonly described as:
Approximately 147.03 acres bounded on the north by 160th Street
Brooksville Hills n t h e
and
Brooksville th e HillsaSixth p lats o f
Additi
on the south by the Snell property, and on the east by the
corporate limits of the City of Prior Lake.
If you desire to be heard in reference to this matter, you
should attend the 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.
James Hayes
Associate Planner
City of Prior Lake
To be published in the Prior Lake American on _April 26_
and _May 3_, 1993.
4629 Dakota St S.E., Pnor Lake, Ngnnesota 55372 / Ph (612) 4474230 / Fax (612) 4474245
AN EQUAL OPPOffn MTY ENTLOYER
PRIO op
f+l
Af 'C
\ �N'N E 5
NOTICE OF PUBLIC HEARING
TO CONSIDER THE PRELIMINARY PLAT OF CARDINAL HEIGHTS
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 May 6, 1993 at 8:30 p.m._.
The purpose of the hearing is to consider a preliminary plat
application for the subdivision of Cardinal Heights into 221
single family lots.
PROPERTY DESCRIPTION:
The Northeast Quarter of Section 1, Township 114, Range 22,
Scott County, Minnesota except the north 330 of the west 330'
thereof, and except 5.28 acre tract described as follows: That
part of the Northeast Quarter of Section 1, Township 114, Range
22, Scott County, Minnesota, described as follows: Commencing at
the northeast corner of said Northeast Quarter, a distance of
449.00 feet to the point of beginning of the tract of land to be
described; thence continuing westerly along said north line, a
distance of 500.00 feet; thence southerly at right angles to
said north line a distance of 460.00 feet; thence easterly
parallel with said north line, a distance of 500.00 feet; thence
northerly at right angles, a distance of 460.00 feet to the
point of beginning.
Or more commonly described as:
Approximately 147.03 acres bounded on the north by 160th Street
(County Road 44), on the west by the existing plats of
Brooksville Hills Addition and Brooksville Hills Sixth Addition,
on the south by the Snell property, and on the east by the
corporate limits of the City of Prior Lake.
If you desire to be heard in reference to this matter, you
should attend the 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.
James Hayes
Associate Planner
City of Prior Lake
To be published in the Prior Lake American on _April 26
and May 3 , 1993.
4629 Dakota St. S.E., Prior Lake, Minnesota 55372 / Ph (612) 4474230 / Fax (612) 447 -4245
AN EQUAL OPPORNMPY 5VWYER
Some
Location of pr rezoning: south side of Cty. Rd. 44 E Prior Lake High S chool
oposed
Present Zoning: C1. R-4. R -1 Proposed Zoning: R -1
Property Acreage Existing use
to be rezoned: 62.42 acres of Property: fallow ground
Intended use(s) of property: oven space. single family residential
Reasons for Request: C -1 zone not compatible with R -1 single family. R -4 change
to R -1 to allow for a sinele zone over the v ronerty
Deed Restrictions: - A 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: — M - )b Yes Whist was
When:
SUBMISSION : (A)Complete application form. (B)Complete legal description
a Property Identification Nusber (PM). (C) Filing fee. (D)Deed restrictions, if
necessary. (E)Fifteen copies of a site plan and Certified Survey, drawn to 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 firm the names and addresses of property
owners within 300 feet of the exterior of the property lines of the subject
property-
ONLY COMETE APFLICATIONS WML BE REVIEWED BY THE PLANNING OCNNISSION.
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
procedures as outlined in the Ordinance.
ican Signature Date
e. M �nLAfti n 3.2 1 • `f?
Fee Owners Signature V Date
THIS SECTION TO BE FILLED IN BY THE PLANNM DIRECTOR
Signature of the Planning Director Late
APPLICATION FOR THE SUBDIVISION OF LAND
WITHIN THE CITY OF PRIOR LAKE
Property
Address:
SabdivR
Address]
Agent:
Address:
Name of Surveyor: James R. Hill, Inc. Phone: 890 -6044
Name of aigineer; James i Inc. _phone: 890 -6044
Legal Description of Property: _-- see attached --
Present Zoning: n_:, u -1 r Property Acreage: ;47 aeree
Deed Restrictions: N x Ye If so, please attach.
Pas the Applicant previously sought to plat, rezone, obtain a variance or
conditional use permit on the subject site or any part of it:
ND __F_ Yes What was requested:
When:
I have read the Prior Lake Subdivision Ordinance and agree to provide the
infoena ion and do the work in accordance with the provisions of the ordinance.
&
Signature Date
A e- N • c .-0i 3 - 2-f - 9-3
FeLVOwners Signature Date
THIS SEMON M BE FILLED IN BY THE F ANNIM DIRB=R
CONDITIONS:
Signature of the Manning Director Date
CARDINAL HEIGHTS P.U.D.
Prior Lake, MN
The legal description of the site is:
The Northeast Quarter of Section 1, Township 114, Range 22, Scott County,
Minnesota except the north 330' of the west 330' thereof, and except 5.28
acre tract described as follows: That part of the Northeast Quarter of Section
1, Township 114, Range 22, Scott County, Minnesota, described as follows:
Commencing at the northeast comer of said Northeast Quarter, a distance of
449.00 feet to the point of beginning of the tract of land to be described;
thence continuing westerly along said north line, a distance of 500.00 feet;
thence southerly at right angles to said north line, a distance of 460.00 feet;
thence easterly parallel with said north line, a de_etaace of 500.00 feet; thence
northerly at right angles, a distance of 460.00 feet to the point of beginning.
Subject to road easements.
Pa
PM# 18
1 M V A C' ,
Prope.
Addrer
Subdi
Addr
Nasty of Surveyor: James R. Hill Phone: 890 -6044
Nam/ of Engineer.- Ime H
Dig Phones 890 -6044
Legal Description of Property: -- see attached --
Property Identification R Ober (PID):
Present Zoning: R -1, R -4, C -1 property Acreage: 147
Deed Restrictions: No _L_ Yes _ If so, please attach.
Has the applicant previously sought to plat, rezone, obtain a variance or
conditional use permit on t)x subject site or any part of it:
No x Yes _ What was requested:
When
I have read section 6.11 of the Prior Lake Zoning Ordinance which sets forth
stipulations and requirements for Planned Unit Developments. I agree to provide
the information and do the work in accordance with the provisions of the
Ordinance.
Simi ed this LJ—day 19 43.
Signature
:::� e - N rte. D�!(d, CaA Few
Fee Owners Signature
CARDINAL HEIGHTS P.U.D.
Prior Lake, MN
The legal description of the site is:
The Northeast Quarter of Section 1, Township 114, Range 22, Scott County,
Minnesota except the north 330' of the west 330' thereof, and except 5.28
acre tract deseribed as follows: That part of the Northeast Quarter of Section
1, Township 114, Range 22, Scott County, Minnesota, described as follows:
Commcacing at the northeast comer of said Northeast Quarter, a distance of
449.00 feet to the point of beginning of the tract of land to be described;
thence continuing westerly along said north line, a distance of 500.00 feet;
thence southerly at right angles to said north line, a distance of 460.00 feet;
thence easterly parallel with said north line, a distance of 500.00 feet; thence
northerly at right angles, a distance of 460.00 feet to the point of beginning.
Subject to road easements.
ApR 21 1 93 09 :11 SIUVA CORP P.2i13
CARDINAL HEIGHTS P.U.D.
Prior Lake, MN
Reaues°
Sienna Corporation is requesting P.U.D. Approval for Cardinal Heights, a 221 -unit single
family subdivision on 147 acres. The site is located within the corporate limits of the City
of Prior Lake, can of the St. Michael Cemetery, south of Prior Lake Senior High School,
east of the Credit Rivgr Township/Nor. Lake line and north of Markley Lake.
The legal description of the site is:
The Fortheast Quarter of Section 1, Township 114, Range 22, Scott County,
Minnesota except the north 330' of the west 330' thereof, and except 5.28
acre tract descn7md as follows: That part of the Northeast Quarter of Section
1, Township 114, Range 22, Scott County, Minnesota, described as follows:
Commencing at the northeast corner of said Northeast Quarter, a distance of
449.00 feet to the point of beginning of the tract of land to be described;
thence continuing westerly along said north line, a disritride of 500.00 feet;
thence southerly at right angles to said north line, a distance of 460.00 feet;
thence easterly parallel with said north line, a distance of 500.00 feet; thence
northerly at right angles, a distance of 460.00 feet to the point of beginning.
Subject to road easements.
All of the land involved in the P.U.D. is presently owned by David C. McGuire and under
option by Sienna Corporation, the applicant.
Apnlimnt
Sienna Corporation has been an active residential land developer in the Twin Cities
metropolitan area for the past 14 years, developing over 3,000 single- family lots along with
multi- family sites and industrial property. The company is presently involved in developing
subdivisions in Savage, Burnsville, Lakeville, Eagan, Eden Prairie, Woodbury and
Farmington.
Sienna Corporation is a land developer only and does not build homes. It conducts b usiness
regularly with a group of approximately 35 builders, all of whom must meet certain criteria
before building in its subdivisions. Within each subdivision there are generally 4-8 builders,
depending on the size and market direction of the project
Site Characteristics
The site slopes generally to the south and southeast and has several low, landlocked
drainage basins within it The low areas, because of their location and elevation, are the
recipients of significant off -site drainage. A low area directly south of County Road 44
receives storm water run-off from the high school' and other areas north of the property, and
a low :uca in the west portion of the site receives surface water run-off from the developed
residential area to the west
APR 21 '93 09:12 SIENNA CORP
There are two localized area of 15 to 30 percent slopes in the south portions of the
property, which are also the location of an existing stand of mature trees adjacent to
Markey Lake. Markley Lake, in the southeast corner of the property, is the site's lowest
elevation; the elevations vary across the property from a high of 972 to a low of 892.
There are also a few scattered trees found adjacent to County Road 44 near the northeast
corner of the property. The remainder of the site has been farmed or used as pasture in the
past and presently is fallow ground.
The underlying soils for this property are a well- drained sand and gravel, with a silty or
sandy loam cover. These soils have good bearing capacity for the proposed type of
development.
As previously marnticned, there are several stands of trees located on the subject property.
The site plan Los been designed to protect these tree areas as much as possible. The largest
grouping of vegetation occurs on the south 10% of the site, is associated with several areas
of steep slopes, and extends down to Markey Lake. This stand of trees is predominantly
made up of alm, cottonwood, box elder and poplar. The size of the trees in this Stand
ranges from 1 -8" predominant caliper with a few 10-12" cottonwoods present The quality
of disc trees appears to be poor with many axes dying at the 4-5" caliper size. A possible
cause for the quality of this stand of vegetation is lack of soil nutrients and a low water
table. There are a few scattered small oak trees, 24" caliper, in this area which are good
candidates for relocation if they are in the way of a street or house pad.
There is an exceliem quality stand of vegetation occurring on the extreme south portion of
the site where the grade drops abruptly towards Matey Lake. The trees that make up this
area are predominantly oaks with ash and birch scattered throughout This section is very
healthy with sizes ranging from 4-12" caliper fees.
The remaining stands of fees on the site are associated with existing wetlands and consist
of cottonwoods, elm and box elder.
The vegetation that will be required to be moved for the develop is predominantly box
elder, elm and cottonwood species. Scattered small oak trees that are in the path of the
development will be transplanted on the site.
P.U.D. Considerations
Sienna Corporation is requesting P.U.D. approval for 221 single family lots on 147 acres, a
density of 1.5 unity per acre. The single family lots are clustered over the site resulting in
the creation of four large outlots. These outlots have a variety of t]mctions - those being
stonn water ponding, protection of steep slopes and vegetation, open space and recreation
(including public access to Markley Lake). A major collector street, Fish Point Road, will
bisect the site from the north to the southwest.
APR 21 '93 09:12 SIENNA CORP P.4i13
The P.U.D. Ordinance is intended to provide residential areas which can be developed with
some modifications of the strict application of regulations of the R -1, R -2, R -3, and R-4
Residential Districts. The provisions are to encourage:
1) Feasibility in residential land development.
2) Variety in the organization of site elements, building densities, and housing
types.
3) Higher standards of site and building design through the use of trained and
experienced professionals.
4) Preservation and enhancement of desirable site characteristics and open space.
5) More efficient and effective use of land, open space and public facilitioa
It is our opinion that the Cardinal Heights P.U.D. meets all of these provisions.
In developing the plan for Cardinal Heights, five specific factors guided the design process
These factors are as follows:
1) Three different zoning classifications exist on the property; R -1, R-4, & C -1.
2) Approximately 30 acres of the site have been designated for storm water
retention by the City's Storm Water Management Plan. (Much of this
retention is for adjacent up -land properties to the north and west).
3) Several areas of steep 310M and scattered stands of vegetation in the
sotahera portion of the site, along with Markley Lake encroaching on the
southeast onrner of the property.
4) The City's proposal to bisect the property by wnstructing a collector street
with 100' R.O.W. (Fish Point Road) connecting the north and south property
line. This collector is proposed to have no direct access.
5) Six small designated wetlands scattered over the property.
By utilizing the P.U.D. process, Sienna is able to:
1) Protect the existing natural resources of the site (wetlands, vegetation , and
steep slopes).
2) Provide ample storm water storage not only for what the development
creates, but also for what comes from og -site.
3) Provide for 55 acres of open space which will function as park and nail
areas, vegetation protection, and water retention.
4) Allow public access to Markley Lake.
5) Provide a variety of housing opportunities to the buying public.
6) Provide a viable project for the city of Prior Lake, Sienna Corporation, and
Cardinal Heights' Amite resideoty.
The P.U.D. ordinance also allows the developer to vary from certain lot size, street size and
setback req uirements . These variances are important in developing a subdivision that has a
positive identity and that preserves and enhaneas the natural characteristics of the site. The
minimum square footage for all lots in Cardinal Heights is 10,000 sq. & with the average
square footage being approximately 13,725 sq. ft. Lot widths average 86', with. 50 lots
located in the northeast portion of the site ranging from 70-80' wide at the building setback
line. Lots located on the west side of the proposed Fish Point Road arc 80' or creator in
CPR 21 '93 09 :13 SIENNA CORP P.5i13
width to compliment the existing housing to the west. The remaining lots to the east of Fish
Point Road in the south half of the site; adjacent to Markley Lake, are 80' plus wide at the
building setback line.
In keeping with the spirit of the P.U.D. Ordinance, Sienna is offering certain amenities,
controls, and increases from minimum standards to enhance the subdivision.
Sienna is proposing that all neighborhood streets and cul-de -sacs maintain a 50' R.O.W.
except for Crossandra Street, west of Fish Point Road. The 50' R.O.W. will help maintain a
neighborhood character to the housing areas. To encourage this neighborhood character, the
site plan promotes a series of small loop streets, decreasing the amount of traffic directed to
one particular area To compliment the 50' R.O.W., Sienna proposes to increase the
standard 25' house setback to 30
Additionally. the development proposes cul-de -sacs with a larger diameter than the
minimum to allow for greater snow storage and the capability of on -street parking. Sienna
also proposes to install common architecturally designed mailbox standards which will help
maintain uniformity and produce a neat, clean street image.
The City currently requires two trees per lot to be installed, one as a street tree and the
other in the front yard. Siemer proposes to deviate from this standard by maintaimag the
stmt tree regturemeut, but rather than plant another tree is the front yard, plant the same
number of trees throughout the subdivision in appropriate location. These locations would
be at corners, curves, side yards, park entrances and other visually important locations. A
landscape plan will be submitted for staff approval prior to final plat approvals.
To further enhance and protect the value of the homes aril the neighborhood, protective
covenants will be filed with the final plat These covenants will assure not only protection
during construction, but for the life of the subdivision. Two car garages will be mandatory
and no outside storage of trailers. R.Ws, snowmobiles, boats or any other type of
recreational equipment will be allowed.
Park requirements will be met through the dedication of land. Sienna is proposing that
oudots A through F be dedicated to the City, in fee title, to be preserved as open space and
developed by the City for a variety of park uses. Sienna suggests the following uses would
be appropriate for the outlots in Cardinal Heights:
Outlot A: Small active use arcs, tot lot with fencing adjacent to County Road 44,
storm water retention and opet space.
Outiot B: Open gmc6'storm water retention and larger area for active open field
recreation and trails.
Outlot C: Open space, trails, tot lot and storm water retention.
Outlet D: Open space, trails, access to Markley Lake, active play area.
Outlot E: Open space, trails and storm water retention.
Outlot F: Trail, storm water retention and active play area for sliding.
PFR 21 1 93 09:14 SIENNA CORD
P.6/13
The design of Cardinal Heights allows for these outlots to be scattered throughout the site
resulting in open space/park areas adjacent to clusters of single family homes. It will also
provide for a variety of recreational uses for residents of Cardinal Heights and the adjacent
neighborhoods.
Si te llatm
Gross Acreage - 147.03
Total p Lots - 221
Gross Density - 1.55 units/gross acre
Minimum Lot Width: 70 feet
Average Lot Width: 86 feet
Minimum Lot Area: 10,000 sq.R
Average Lot Area: 13,726 sq fL
Lot Breakdown
34 lots - 70-75' wide, minimum 10,000 sq.fL (16 %)
16 lots - 75 -79' wide, minimum 10,000 sq.R ( 7%)
171 lots - 80'+ wide, minimum 10,000 sq.8. (77%)
Site Coverage
Single Family Lots: 69.64 acres (47
Street R.O.W.: 22.21 acres ( 15 %)
Open Spece/Outlots: 55.18 acres f 38%1
Totals 147.03 acres (100
Development Schedule
Sienna Corporation would like to complete the rezoning. P.U.D., and preliminary plat
process by .tune 1st This would allow adequate time to start construction and complete
utilities and roads prior to winter.
Cardinal Heights will be developed in four phases spanning 4-6 years depending on market
conditions. Phase I will consist of 51 lots, Phase 11 - 60 lots, Phase III - 41 lots and Phase
IV - 69 lots.
Development Ownership
Ownership of the find lots and outlots for Cardinal Heights will be divided between two
entities. Obviously, all single family lots will be owned by the eventual home - buyers and
all outlots will be under the ownership of the City of Prior Lake. There will not be a
Homeowners Association for Cardinal Heights.
- gaeramentai ServiM
Sanitary sewer, water service and storm water improvements will be constructed by the
developer with water and sanitary sewer connections made to existing city facilities. Fish
Point Road will be constructed by the City of Prior Lake. All remaining streets and
improvements will be installed by Sienna Corporation. Electric, telephone, natural gas and
cable TV will be installed by the appropriate entities.
u a
One of the original uses of the P.U.D. as a planning tool was to facilitate density transfers.
The concept was to cluster housing in the am that can be more readily developed without
causing enviaoumen al- damage or significant site alteration. We believe this proposal is an
excellent example of how density transfer can work. Smanes proposal seeks only one
significant deviation from City Ordinances, this being lot width at the building setback line
on 50 (or 23 0 /6) of the lots. Oeaerally speaking, when using the P.U.D. approach, density
increases of 20% are common in the areas where housing occurs; the proposal as presented
achieves a net density of 2.4 units per acre which is comparable to standard development
densities in an R -1 zoning district
Considering the fact that 36 acres of the site are presently tuned R-4 and that 38% of the
site is remaining in open space, this deviation seam warranted.
In summary, it is Sleme Corporation's feeling that the proper proJecit beat meets the
constraints of the site, the eavironmanni and planning concerns of the community, and the
eventual mdential homeowner in Cardinal Heigbta
APR 21 '93 x]9=15 SIOUR CORP
Land Area Use:
SUMMARY SHEET
CARDINAL HEIGHTS
Single Family Lots 69.64 acres ( 47%)
Ctrrrt KO.W. 22.21 acres ( 15%)
Outlots/Open Space 55.18 acres 38 "/e
Total 147.03 aces (100
Lot - Totals .
Total number of lots:
Oven Space Areas:
Outlot A
Outlet B
Outlet C
Outlot D
Outlot E
Outlot F
Total Open Span
221 single family lots
3.43 acres
13.09 acres
7.94 acres
17.18 acres
9.20 acres
4.3A acres
55.18 sorer
Modifications of Ordinanees
1. Lot width: (minimum 80')
50 lots or 23% of send (221) are below 80' minimum
34 lots range 70-75' wide, 16 lots singe 75 -79' wide.
P.8 /13
2. Tree Ordinance: (code requires two tress per lot)
Proposal calls for two trees per lot, with one tree placed on each lot and
second tree to be grouped with other new plantings in approprisu locations
throughout the subdivision.
aiCasin4
Phase I:
51 lots,
Fall 1993
Phase 11:
60 lob,
Fall 1993
Phase III:
41 lots,
Spring 1995
Phase IV:
69 lob,
Fall 19%
PPR 21 193 09:16 SIE" CORP
III
wr.. -. �� v ., v
,.le
1tw w,
PHASING
P.9/13
®� PRi
INTER- OFFICE MEMO
v x
T
I N T E R O F F I C E M E M O R A N D U M
TO: JIM HAYES, PLANNING INTERN
FROM: BRUCE LONEY, ASSISTANT CITY ENGINEER
SUBJECT: CARDINAL HEIGHTS P.U.D. REVIEW
DATE: It APRIL 30, 1993
Please find attached a letter from Maier Stewart and Associates,
Inc. on their review of the Cardinal Heights P.U.D. These
comments should be incorporated into Staff's comments on the
proposal. Also, City Staff has the following additional
comments on the proposed development:
1. The City's consulting engineer is preparing a future
well system layout based on the proposed plat layout
which will identify locations for future wells in the
development. This layout should be ready by the May 6,
1993 Planning Commission Meeting.
2. City's standard cul -de -sac for this plat is proposed to
be as per the City of Savage standard cul -de -sac.
Developer's engineer was previously told of this style
of cul -de -sac.
3. Fish Point Road is a designated Municipal Aid Road and
to use MSA Funds on this road, the developer must
address the proposed eyebrow cul -de -sac.
4. Fish Point Road has been identified as a street
collector to serve the area from CSAH 44 to CSAH 21 in
the City's Transportation Plan as prepared by
Strgar- Roscoe- Fausch, Inc. Traffic issues with the
development will be the impact of Fish Point Road to
CSAH 44 and on Fish Point Road from CSAH 44 to T.H.
13.
Crossandra Street in Brooksville Hills is currently 36'
in width. Staff would recommend the street width to
Fish Point Road be the same width as this route is the
only east /west connection to Franklin Trail other than
CSAH 44 and will generate more traffic than a normal
residential street.
twal
April 29, 1993
File: 102 -003 -11
CONSULTING ENGINEERS
Maier Stewart & Associates Inc.
0
Mr. Larry Anderson
Director of Public Works
City of Prior Lake
4629 Dakota Street SE
Prior Lake, MN 55372
RE: CARDINAL HEIGHTS
Dear Mr. Anderson:
3 �h
YdV
As requested, we have reviewed the information submitted for the Cardinal Heights PI1D. The
information consisted of an existing conditions map, a preliminary plat, a preliminary grading
and erosion control plan, and a preliminary utility plan. All of these documents were prepared
by Lames R. Hill, Inc., and had a revision date of March 15, 1993. Based on our review of this
information, we would offer the following comments:
A. PREL PAWARY PLAT
1. Cul-de sacs within the plat should conform to the City's typical standard.
2. Thirty -five foot radius curves on the rights-of-way are required at the entrances
to all cul-de -sacs.
3. Twenty-five foot radius curves on the rights-0f - -way are required at all block
corners.
4. Building setback lines are required to be shown on the preliminary plat.
5. . Eyebrow cut -de -sacs are not permitted except under unique circumstances.
Blocks 6 and 11 both have proposed eyebrow cute -sacs.
6. Additional information will be required to verify the proposed location of Fish
Point Road at the south plat line with regard to its southerly extension.
7. Several blocks exceed the 1,000 foot recommended length. This occurs because
of the existing wetlands and open areas throughout the plat. Pedestrian ways
should bp required between the lots to allow for neighborhood access to these
areas, Example Block 10.
1959 SLOAN PLACE. SURE 2006 ST. PAUL. MWNES09156117 612.7744021
9900 SHELARD PARKWAY, SURE 102. MINNEAPOLIS. MINNESOTA 55441 6124464)432 r Equal Oppalunky Emp4w
0033703�pr
Mr. Larry Anderson
April 29, 1993
Page Two
8. Lots 15 and 16 Block 2, Lots 4, 5, and 6 Block 12, Lots I and 2 Block 15 ate
all double frontage lots. These lots are acceptable because they back onto Fish
Point Road which is a collector street.
9. Numerous Iots do not meet the required 80 -foot frontage. To achieve this,
several lots would have to be eliminated.
10. Additional drainage and utility easements will be required for all proposed storm
sewer facilities down lot lines.
11. Additional information is required for the property to the east of the proposed plat
regarding street access. If this is proposed to be served through the northerly
portion of Outlot D, then street characteristics of Crossandra should change from
a local to a minor classification. This would requite an additional 10 feet of
right-of-way. Also, the street and lot layout through Block 14 should be changed
to make the northerly portion of Crossandra Street the through street (minor).
The southerly portion of Crossandra Street could remain a local street. Also, this
portion of street should be constructed to the east plat line.
12. In the legend under ' setback' the side yard garage and side yard street setback
distances are inconsistent with the zoning ordinance requirements. The zoning
ordinance requires a 10.00 setback for both the house and garage from the side
lot line and a 30.00 foot setback for the side yard street right-of-way. These
setbaeks as shown should be changed to meet the zoning ordinance requirements.
B. GRADING PLAN
There are slopes of 20% and greater which are being disturbed, but overall the
majority of the steep slopes are not being disturbed and will be retained as public
open spaces/outlots.
2. There are several lots which have near yards consisting of 20 %+ slopes from the
back of the pad to the rear property line. Example: Lots 2 -7 Block 10 or Lots
1 -10 Block 7.
3. Lot 2 Block 10 needs more contour information.
4. Lot 11 Block 9 should have a front pad elevation of 945.00 instead of 943.00.
5. The proposed drainage on Lot 8 Block 6 should be down the westerly property
line and not allowed to sheet across Lot 9.
6. The proposed drainage on Lot 14 Block 15 should be down the lot line and not
across Lot 15.
003-2M Apr
Kt. harry Anderson
April 29, 1993 _
Page Three
7. Blocks 9, 12, and 13 all have proposed catch basins along the rear lot lines.
These areas could be graded to eliminate all proposed rear lot line storm sewer.
This would change several pad designations from walkouts to standard.
if the proposed grading plan is not revised to eliminate the proposed storm sewer,
additional easements will be required along the storm sewer lines. Also, several
of the catch basin grades should be raised to lessen slopes to the back of the pads.
Example: Lot 28 Block 12 has a 9 -foot grade difference from the rear of the pad
to the catch basin. Also, an emergency overflow should be designated and shown
with spot elevations down a lot line.
8. The proposed rear lot drainage on Lot 1 Block 15 is minimal. As shown, a
portion of the lot will drain through the back yard of Lot 2 and not on the lot
line. This could be eliminated if the pad was designated to be a SEWO which
would raise the back of the pad by one foot. Drainage could then be directed to
the southwest corner of Lot 1 and not across Lot 2.
9. Lot 15 Block 2 is designated as a DW, but is shown to be graded as a SEWO.
Also, the tear lot drainage is minimal. Additional slope could be shown.
10. Spot elevations should be shown along the southwesterly lot line of Lot 6 Block
2 to direct the drainage down the lot line from the rear of the pad to the street.
The concern is that this drainage is not allowed to sheet across the rear lot line
Of Lot 5.
11. The catch basin at the most southerly corner of Lot 2 Block 2 could be eliminated
if the Developer was given an easement/per nission from the adjacent property
owner of the exception in the northwest comer of the proposed plat to create an
area of approximately 70 feet x 30 feet at the southeast corner of the exception.
The pad designation for Lot 5 Block 2 would also have to change from DW
instead of WO.
12. Additional drainage easements will be required through the rear yards of Lots 13
and 14 Block 6 to allow for surface drainage from Lot 12.
13. The existing pond located along the rear lot line of Lots 14 and 15 Block 6 has
no proposed outlet and the majority of the pond is proposed to be filled. How
is this pond going to impact the adjacent property and what is the high water
elevation?
aas- rtro.M.
W. Larry Anderson
April 29, 1993
Page Four
C. SANITARY SEWER
1. The City requirement is for manhole spacing not exceeding 400 feet. All
manholes shown on the utility plan meet this requirement.
2. If Outlot D between Blocks 8 and 14 is for a future road extension to the east, is
there any need for sanitary sewer to be extended this way also? Sanitary sewer
in this location is relatively shallow at approximately 10 to 12 feet deep.
3. Four -inch services are required for all lots.
4. The invert elevation at the westerlymost manhole on Street J has been omitted.
5. Twelve-inch sanitary sewer is being extended into the plat from the existing 12-
inch sanitary sewer lying on the west side of the development. The 12 -inch
sanitary sewer is then extended along Crossandra Street to Fish Point Road, south
on Fish Point Road to Street 'E', and then east to the intersection of Street 'F'.
It appears the use of 12 -inch sanitary sewer is in an effort to minimize grade thus
saving sewer depth. There will be some maintenance concerns with a large pipe
at a flat grade given the number of units flowing into it. However, the alternative
of a lift station certainly has a higher maintenance and operation cost.
The 12 -inch sanitary sewer shown on Fish Point Road between Streets 'E' and
'K' does not meet the minimum grade for a 12 -inch line. The grades of this
sewer line need to be increased.
6. There are three manholes located within the plat from which sewer flows both
directions. These apparently were installed to eliminate the cost of a manhole at
termination points.
D. WATERMAIN
1. Hydrants are only shown at the ends of all cul-de -sacs. Hydrant spacing
throughout the development needs to be provided and reviewed
2. City standards require watermain to be on the north or east sides of centerline.
However, a 6-inch watermain on Street 'D' is on the west side.
3. One -inch services are required on all lots.
au- 27MApr
Mr. Larry Anderson
April 29, 1993
Page Five
4. No valve locations are shown on the preliminary layout. Valve locations will
need to be reviewed when the final plans are prepared.
5. Is there any need to extend watermain throughout Outlot D for future extension
to the east?
E. STORM SEWER
No storm drainage calculations were provided nor were any design calculations
for the proposed storm sewer and lift station provided. These will need to be
provided and reviewed in detail. The storm sewer lift station design will need to
be reviewed in association with a soils report regarding the permeability of the
pond located in Outot B.
2. It is recommended that the storm sewer proposed on rear lot lines be eliminated
and the grading plan be revised to provide for overhand flow to the street. This
would also include the storm manhole located immediately behind the curb at Lot
4 Block 2 in the northwest corner of the development.
F. STREETS
1. Fish Point Road is M be constructed to Municipal State Aid standards.
Therefore, horizontal and vertical alignment must meet a 35 mile per hour design
standard. It appears that the horizontal and vertical alignment of that street meets
the requirement; however, a landing area of approximately 0.50% should be
added at the intersection of County Road 44.
2. The same is true for the local streets within the plat which must meet a 30 mile
per hour design standard. It appears that all horizontal and vertical curves meet
such a standard. Wherever possible, landings should provide where the local
street meets the collector.
3. No typical street section was provided.
4. According to our conversations with the Metro Division Office of State Aid,
eyebrow cut -0e -sacs will not be allowed on Municipal State Aid roads.
Therefore, the eyebrow cul-de -sac along Fish Point Road in Bloch 11 should be
eliminated We are continuing our discussion with MnDOT relative to an
acceptable alternative.
moor- zrro.,r
Mr. Larry Anderson
April 2S, 1993
Page Six
5. Street names in accordance with the City requirements should be provided.
If you have any questions regarding any of these comments, please call. We would be happy
to discuss these comments with you and/of the developer at any convenient time.
Sincerely,
M AIER S TEWART do ASSOCIATES, INC.
✓� 9 wdz .
Terry L Maurer, P.E.
��
Frank S. Kriz, R.L.S.
TJM:tp
i s
a
u
e
W
w a_
a
a
8
O
°er
DRAWN I -A
REVISED CUL-DE -SAC
APPROVED
M E M O R A N D U M
TO: JIM HAYES, PLANNING INTERN
FROM: BILL MANGAN, DIRECTOR OF PARKS AND RECREATION
RE: REVIEW OF PARK DEDICATION FOR CARDINAL HEIGH
DATE: APRIL 28, 1993
cardinal Heights presents a very unique opportunity for the
City of Prior Lake to open up the Markley Lake area for the
residents as an opportunity for both passive and active
recreation. This area is in dire need of a neighborhood park
facility in conjunction with the Brooksville Hills neighborhood.
The plat as submitted shows a tremendous amount of open space
(over one third of the plat). However, not all of the open space
can be used as park land. There are several areas that are
either listed as storm water management ponds or wetlands.
Historically, storm water management ponds have not been
considered part of the open space system. They have been
utilized as storm water management with a walkway around them but
have not been considered as park land.
I will break d an each outlot as they have been listed as
public open space.
OUTLOT A
Outlot A has severe topographical constraints in addition to
being part of a ponding easement and has little or no value as
public open space for park purposes.
OUTLOT B
Outlot B is the second largest parcel listed as public open
space. This parcel will also be used for storm water management
but it will also be used as park land. Outlot B will be designed
with the existing city well sight to contain a large neighborhood
park for this subdivision. There will be storm water retained on
this parcel at times but will generally drain off and be useful
open space. The well site needs to be addressed at the time of
development of this parcel. The well site needs to be cleaned
up, graded, and have turf established at the same time that
Outlot B is graded and seeded. This will provide a large land
area for open space for this neighborhood.
OUTLOT C
Outlot C will be used primarily for storm water management
purposes and has not been considered for open space. There will,
however, be neighborhood trails introduced into Outlot C to make
a connection, eventually, to Outlot D (the lake area).
4629 Dakota St SE, Prior take, M nesota 55372 / Ph (612) 4474230 / Fax (612) 4474245
" EQUAL owoRT MPr EAPlOVai
Park Dedication
cardinal Heights
page 2
OUTLOT D
Outlot D is the largest parcel of open space and includes
some severe topographical constraints that render it desireable
for open space but is not real conducive for any development
accept on the far east side. There will be extensive trail work
along the southern edge of the plat in Outlot D. These trails
will utilize the beautiful woods, ridges, and ravines that are
contained within this parcel. Eventually, the trail system will
connect Fish Point Road with the eastern boundary of the plat.
There does exist a need for more exposure to Outlot D however. I
would recommend that Lots 1, 2, and 3 of Block 8 be dedicated as
open space so that the Markley Lake area can be accessible to the
entire subdivision. This would provide 240 feet of street
visibility for the park so that people would have a clear
understanding that this area is park land. Outlot D will be an
open space area that will eventually become a facility that
approaches a community park -- -that is, there could be a shelter
facility, equipment rentals, parking lot, trails, and Lakeshore
activities. It is of sufficient size to accomodate fairly large
groups with many amenities as previously listed. With the
hiking /biking trails and waterfront activities, Outlot D has the
potential to be a very popular park.
OUTLOT E
Outlot E, once again, is comprised of severe topography and
does contain a large ponding easement on it. In addition, there
is a sedimentation pond proposed to be placed on this lot. For
this reason, this outlot's primary purpose will be for storm
water management.
OUTLOT F
Outlot F is a remnant parcel that is of little or no value to
either the developer or to the city. It has severe topographical
constraints, very poor access, and is basically a parcel that
needs to be addressed by the developer. There is almost 60 feet
of drop on the parcel with virtually no way to incorporate it
into open space or storm water management ponds. This parcel
needs to be discussed further in order to determine its use.
TRAIL SYSTEM
As with any new subdivisions, incorporation into the cit'
trail system is essential. Cardinal Heights will have the usua-
8' trail and 5' sidewalk along Fish Point Road which is a
collector street. In addition, there needs to be a connection
via crossandra Street to connect with the trail along Franklin
Trail. The developer appears to include sidewalk in the segment
of Crossandra St - from the west edge of the plat to Fish Point
Road. However, i feel that all of Crossandra Street needs to
have a sidewalk to accomadate pedestrian traffic within the
subdivision.
Park Dedication
Cardinal Heights
page 3
The open space needs to be linked to the feature of the plat,
that being Markley Lake. There should be a series of trails on
the open space that will make the connection from northwest to
southeast within the plat. I would suggest an inner - neighborhood
trail system starting with Outlot B, crossing Fish Point Road and
going around the storm water ponds on Outlot C, crossing the west
to east road across from the Crossandra intersection, and then
going to the opening to the park located on Outlot D. Please
refer to the trail system as attached to this memo.
in addition to inner neighborhood trails, there will be
trails on Outlot D linking Fish Point Road to the Lakeshore of
Markley Lake. This trail would offer spectacular scenery and a
very natural, wooded setting.
I would be excited to discuss the proposed subdivision and
the park dedication with the developer. I feel that the plat is
well done in terms of open space and I would be happy to discuss
it further.
Thank you.
c oz, DF,1'0'��
To:
From:
Re:
Date:
MEMORANDUM
Planning
Ralph Teschner, Finance Director
CARDINAL HEIGHTS
(assessment review)
April 26, 1993
Cardinal Heights planned unit development comprises a 147.03 acre
parcel in section 1- 114 -22 (PIN$ 25 901 018 0). This area has
- received no prior assessments for City municipal utilities.
Since utilities are available to the property site, the cost for
the extension of services internally will be the responsibility
of the developer. In addition to these improvement costs, the
subdivision will be subject to the following City charges
outlined below:
Stormwater Management Fee ... 16.8 cents /sq. ft.
Collector Street Fee ... $700.00 /acre
Trunk Sewer & Water Fee ... $2,750.00 /acre
The application of these City charges would generate the
following costs to the developer based upon a net area of 69.64
acres of single family lots (3.03 million square feet) as
provided within the site data summary sheet of the preliminary
plat description:
69.64 acres @ 700.00 /acre ... $ 48,748.00 (collector street)
69.64 acres @ 2750.00 /acre ... $191,510.00(trunk water /sewer)
3,033,518 sq. ft.@ 16.8 cents ... $509,631.02 (storm water)
Total City fees ... $749,889.02
These charges represent an approximate cost of $3400.00 per lot
for the 221 proposed lots within the P.U.D. Assuming the initial
net lot area of the plat does not change, the above referenced
storm water, collector street and trunk water and sewer charges
would be determined and collected within the context of a
developer's agreement for the construction of utility
improvements at the time of each phase of the planned unit
development.
There are no other outstanding special assessments currently
certified against the property. Also, the tax status of the
property is current with no outstanding delinquencies.
4629 Dakota St. S.E, Prior Lake, Minnesota 55372 / Ph. (612) 4474230 / Fax (612) 4474245
AN EQUAL OPPORrUDM EMPLOYER
I have reviewed the attached proposed request in the following areas:
FmTER
CITY CODE
_GRADING
SEWER
_ENVIpawo P
_SIGNS _
ZONING
_s,C!CA PLAIN
OOUM ROAD ACCESS _
_PARKS
NATURAL FEATURES
__J,H & ISSUES _
ELECTRIC
_TRANSPORTATION
SEPTIC SYSPFM _
_SNR7 WATER
ASSES_R* S — -
-- _HLD CODE
_ERASION CONTROL
_MSER
Y recommend: _J►PPRCVAL _DENIAL QONDITIONAL APPROVAL
tA29, Z2 RP' D
RETURN TO• JA ( ia \ k H W BY DATEs APRII. 27. 1993
_ ..
APR 28M
I have reviewed the attached proposed request in the following
PLATER
CITY CODE
GRADING
Sam
R&7RO[.MW
SIGNS _
ZONING
PLAIN
COONLT ROAD ACCESS
`PARRS
_FLOOD
_NUW4%L FEATURES
---J . ISSUES _
ELECTRIC
SEPTIC SYSTEM _
._TFANSFOIM'ION
? GAS
_mm WATER
ASSESSdII115
�HLD CODE
_EMSION OJNrFCL
OTHER / Sc.:
I recommend: APPROVAL _DENIAL CONDITIONAL APPROf M
TITLE :
REM TO: JAMES HAYES Hr DATE: 27. 1993
' N,,NNfSpr Minnesota Department of Transportation
$ Metropolitan Division
Transportation Building
ov i6 St. Paul, Minnesota 55155
Oakdale Office, 3485 Hadley Avenue North, Oakdale, Minnesota 55128
Golden Valley Office, 2055 North Lilac Drive, Golden Valley, Minnesota 55422
Reply to
Telephone No. 593 -8533
April 21, 1993
Mr. James Hayes
City of Prior Lake
4629 Dakota St., S.E.
Prior Lake, MN 55372 D g Ob�
Re: Cardinal Heights PUD tJ
Sun Point Rd /Co Rd 44 3 193
Prior lake
Dear Mr. Graves:
We are in receipt of the above referenced plan for our review in accordance with Minnesota
Statutes 505.02 and 505.03 Plats and Surveys. We find this plan acceptable for development
and have no comments.
This property does not abut the existing or proposed trunk highway system and does not
require state comment unless it meets requirements of the pamphlet Mn Environmental
Quality Board Environmental Review program 4410.7800
If you have any questions please feel free to call me at 593 -8533.
Sincerely,
William A. Sirois
Senior Transportation Planner
I r DEPARTMENT 5T2ATEE OF
OF NATURAL RESOURCES
METRO WATERS, 12 Warner Road, St. Paul, MN 55106
PHONENO. 772-7910 �2 F NO.
Il I M
April 26, 1993 I D E
Mr. Hayes
City of Prior Lake
4629 Dakota Street Southeast .
Prior Lake, Minnesota 55372
RE: PROPOSED CARDINAL HEIGHTS, CITY OF PRIOR LAKE
Dear Mr. Hayes:
I have reviewed the materials relative to the subject proposal and
offer the following comments for consideration.
- Much of the site on the south end falls within the shoreland
district of Markley Lake (DNR 170 -21W) . The waterbody, should
be identified as same, and the 1000' shoreland district
depicted on the drawings. No ordinary high water elevation
(OHW) has been officially established for Markley Lake. I
estimate it, however, to be roughly at elevation 894
- I am pleased to see the incorporation of ponds to NURP
standards.
- A qualified wetland delineator should identify all wetlands
within the project site. All attempts should be made to avoid
filling or shaping these natural wetlands for development or
stormwater purposes.
- There are some steep slopes on the site, and what appear to be
bluffs north of Markley Lake. Appropriate erosion control in
these areas is critical. The developer should work with City
staff or the Scott SWCD to develop and implement a suitable
erosion control plan for the site.
Thank you for the opportunity to review and comment. Please call
me at 772 -7910 if you have any questions.
i cere , rick SL nch
Y a Hydro ogist
AN EQUAL OPPORTUNITY EMPLOYER
I have reviewed the attached proposed request in the following areas
_WATER
_CITY CODE _GRADING
_
_SEWER
_ENVIRONMENT _SIGNS
_
_ZONING
_FLOOD PLAIN X
COUNTY ROAD ACCESS _
__PARKS
_NATURAL FEATURES _LEGAL
ISSUES _
_ELECTRIC
TRANSPORTATION _SEPTIC
SYSTEM _
_GAS
_STORM WATER _ASSESSMENTS
i
BLD CODE
EROSION CONTROL
OTHER
I recommend:
APPROVAL DENIAL
X CONDITIONAL APPROVAL
COMMENTS:
r Recommend dedication of 60 foot right -of -way. With CSAH 44 providing the main north
entrance to this development, the future design of CSAH 44 should be a 4 -lane divided
section through this intersection. A 120 foot corridor (60 ft. from centerline) is the minimum
recommended width for this design.
■ The connection of Fish Point Road from the south with CSAH 44 requires an approved Scott
County Highway Department Entrance Permit.
■ No direct access to CSAH 44 except through City streets (i.e. Fish Point Road).
■ Scott County has a concern on the Outlots abutting CSAH 44 and the potential that these lots
may require direct access to CSAH 44. Recommend that the City require that future
development of Outlots, if they can be developed, have access to the City street system and
not CSAH 44.
■ Recommend that the City and /or developer work with abutting jurisdictions and property
owners to hopefully develop an overall street system that does not require essentially all
vehicle trips to use CSAH 44. No continuity to the east especially.
e This development will have considerable impact on CSAH 44. Prior Lake needs to evaluate
the total County highway system impacting the City and prioritize from their perspective
County highway improvements the City feels are required.
SIGNATURE: TITLE: V�Tift 4A DATE:
RETURN TO: qW BY DATE: Aoril 27 1993
i
RESOLUTION 93 -03PC
RESOLUTION OF THE PRIOR LAKE PLANNING COMMISSION TO
RECOMMEND A CHANGE IN THE ZONING TO THE PRIOR LAKE CITY
COUNCIL.
MOTION BY
SECONDED BY
WHEREAS, that the Prior Lake Planning Commission conducted a
Public Hearing on the 6th day of May 1993, to consider
the rezoning of the property described on attached
Exhibit A, from C -1 Conservation to R -1 Single Family
Residential and from R -4 Mixed Code Residential to R -1
Single Family Residential, submitted by the Sienna
Corporation; and
WHEREAS, that notice of the hearing on said petition has been
duly published and posted in accordance with the
applicable Minnesota Statutes; and
WHEREAS, the Planning Commission found the application to be
consistent with the Comprehensive Plan.
NOW THEREFORE BE IT RESOLVED BY THE PRIOR LAKE PLANNING
COMMISSION TO RECOMMEND TO THE CITY COUNCIL OF PRIOR LAKE AS
FOLLOWS:
1. To approve the application for rezoning as applied for.
Passed and adopted this 6th day of May , 1993.
Horst W. Graser
Director of Planning
(Seal)
4629 Dakota St. SE., Prior Lake, M'maesota 55372 / Ph. (612) 4474230 1 Fax (612) 4474245
AN EQUAL OPPORNMIY EMPLOYER
YES NO
Roseth
Roseth _
Arnold
Arnold _
Loftus
Loftus _
Wuellner
Wuellner _
Greenfield
Greenfield
Horst W. Graser
Director of Planning
(Seal)
4629 Dakota St. SE., Prior Lake, M'maesota 55372 / Ph. (612) 4474230 1 Fax (612) 4474245
AN EQUAL OPPORNMIY EMPLOYER
PROPOSED LEGAL DESCRIPTION FOR BEZONTM R -4 ZONING TO R 1 ONT*r
The Southeast Quarter of the Northeast Quarter of Section 1,
Township 114, Range 22, Scott County, Minnesota.
except:
That part of said Southeast Quarter of the Northeast Quarter lying
southeasterly of the following described line:
Beginning at a point on the east line of said Southeast
Quarter of the Northeast Quarter, distant 400.00 feet
north of the southeast corner of said Southeast Quarter
Of the Northeast Quarter; thence southwesterly to a point
on the south line of said Southeast Quarter of the
Northeast Quarter,. distant 600.00 feet west of said
southeast corner and there terminating.
PROPOBEO LEGAL. DESCRIPTION FOR REZONING. C -1 ZONING TO R -1 ZONING
That part of the Northeast Quarter of Section 1, Township 114,
Range 22, Scott County, Minnesota described as follows:
Commencing at the northeast corner of said Northeast
Quarter; thence on an assumed hearing of South 89 degrees
39 minutes 12 seconds Nest along the north line of said
Northeast Quarter, a distance of 949.00 feet to the point
of beginning of the land to be described; thence South 0
degrees 20 minutes 48 seconds East, a distance of 460.00
feet; thence South 89 degrees 39 minutes 12 seconds west,
a distance of 600.00 feet; thence North 0 degrees 20
minutes 48 seconds west, a distance of 460.00 feet to
said north line; thence North 89 degrees 39 minutes 12
seconds East, along said north line, a distance of 600.00
feet to the point of beginning_
That part of the Southeast Quarter of the Northeast Quarter of
Section 1, Township 114, Range 22, Scott County, Minnesota lying
southeasterly of the following described line:
Beginning at a point on the east line of said Southeast '
Quarter of the Northeast Quarter, distant_ 400.00 feet
north of the southeast corner of said Southeast Quarter
of the Northeast Quarter; thence southwesterly to a point
on the south line of said Southeast Quarter of the
Northeast Quarter, distant 600.00 feet west of said -
southeast corner and there terminating.
The south 940.00 feet of the north 1640.00 feet of the west 800.00
feet of the Northeast Quarter of Section 1, Township 114, Range
22, Scott County, Minnesota.
3 -15 -93 JRH
4 1 PR'o
U x
RESOLUTION 93 -04PC
RESOLUTION OF THE PRIOR LAKE PLANNING COMMISSION TO
APPROVE THE SCHEMATIC AND PRELIMINARY P.U.D. PLAN FOR
CARDINAL HEIGHTS.
MOTION BY
SECONDED BY
WHEREAS, that the Prior Lake Planning Commission conducted a
Public Hearing on the 6th day of May 1993, to consider
a petition submitted by Sienna Corporation to approve
the Schematic and Preliminary P.U.D. Plan for Cardinal
Heights; and
WHEREAS, that notice of the hearing on said motion has been duly
published and posted in accordance with the applicable
Minnesota Statutes.
NOW, THEREFORE, BE IT RESOLVED BY THE PRIOR LAKE PLANNING
COMMISSION AS FOLLOWS:
1. Approve the Schematic and Preliminary P.U.D. Plan for
Cardinal Heights.
2. To reduce the sideyard setback for all buildable lots in
the P.U.D. to be no less than five (5) feet for the
garage.
3. To reduce the lot width for forty (40) lots indicated in
orange on the Preliminary P.U.D. Plan from the required
eighty (80) feet, to the width so indicated on the
Preliminary Plat, but in no event shall the width be
less than seventy (70) feet.
4. A sidewalk shall be installed the entire length of
Crossandra Street.
5. The trail connecting Outlot B and D contain a sidewalk
alternative.
4629 Dakota St. SE., Prior Cake, Minnesota 55372 / Ph. (612) 4474230 / Fax (612) 4474245
M EQUAL OPPORTUN EM .DYER
6. The Developer: be allowed to plant the total required
front yard trees of all lots in clustered locations
throughout the P.U.D. as approved by the Parks
Department.
7. Additional lard be dedicated for trail and park purposes
in Blocks 8 aid 10 as indicated on the Preliminary
P.U.D. Plan and approved by the Director of Parks and
Recreation.
Passed and adopted t. is 6th day of May , 1993.
YES NO
Roseth Roseth _
Arnold Arnold _
Loftus Loftus
Wuellner Wuellner —_
Greenfield Greenfield
Horst W. Graser
Director of Planning
(Seal)
J
RESOLUTION 93 -05PC
RESOLUTION OF THE PRIOR LAKE PLANNING COMMISSION
ESTABLISHING FINDINGS OF FACTS AND CONDITIONS TO APPROVAL
OF THE PRELIMINARY PLAT OF CARDINAL HEIGHTS ADDITION.
MOTION BY SECONDED BY
WHEREAS, that the Prior Lake Planning Commission conducted a
Public Hearing on the 6th day of May 1993, to act on a
application submitted by the Sienna Corporation, a
Preliminary Plat for Cardinal Heights Addition; 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 Planning Commission found the plat of Cardinal
Heights consistent with the Comprehensive Plan and
compliant with the Prior Lake Subdivision and Zoning
Ordinances.
NOW THEREFORE BE IT RESOLVED BY THE PRIOR LAKE PLANNING
COMMISSION TO APPROVE THE PRELIMINARY PLAT OF CARDINAL HEIGHTS
ADDITION SUBJECT TO THE FOLLOWING CONDITIONS:
1. The eyebrow cul -de -sac in Block 11 be eliminated or
extended.
2. Block 8 may be redesigned to increase the number of lots
by reducing the size of Outlot D.
3. Conditions outlined in the memorandum from Bruce Loney
dated April 3, 1993, and a letter from Maier Stewart and
Associates Inc., dated April 29, 1993.
4629 Dakota St. S.E., Prior Cake, Minnesota 55372 / Ph. (612) 4474231/ / Fax (612) 4474245
AN EQUAL OPPORrUNn - Y EDVIDYER
4
The Developer be aware the entire plat of Cardinal
Heights is a search area for additional well sites.
Passed and adopted this 6th day of May , 1993.
YES
NO
Roseth
Roseth
Arnold
_
Arnold
Loftus
_
Loftus
Wuellner
—_ Wuellner —_
Greenfield
Greenfield
Horst W. Graser
Director of Planning
(Seal)
/V PR.O�
� U x
g 01P
"CP03PC"
PLANNING REPORT
AGENDA ITEM: 3
SUBJECT; CONSIDER PROPOSED COMPREHENSIVE PLAN AND
ZONING ORDINANCE AMENDMENTS TO INCORPORATE
AGRICULTURAL PRESERVE REGULATIONS.
PRESENTER: DEB GARROSS, ASSISTANT CITY PLANNER
PUBLIC HEARING: X YES NO
DATE: WN 6, 1993
INTRODUCTION
The purpose of this public hearing is to consider an amendment to
the Land Use Component of the Comprehensive Plan and an amendment
to Prior Lake Zoning Ordinance 83 -6 to incorporate Agricultural
Preserve regulations required by the Metropolitan Council. There
are two distinct public hearings however, because of their
interrelatedness, the hearings have been scheduled
contemporaneously. The specific language proposed is outlined
in the public notice for Comprehensive Plan and Zoning Ordinance
amendment, attached to the agenda report.
BACKGROUND
Attached to the agenda report find an excerpt from a 1989 report
"Metropolitan Agricultural Preserves Program;" MS Chapter 473H
Metropolitan Agricultural Preserves and brochure "Protecting the
Region's Farmland. These materials provide information relative
to the Agricultural Preserves Act and background information for
this agenda item.
DISCUSSION
In January of 1993, staff was contacted by the Metropolitan
Council and advised that the City's Comprehensive Plan did not
contain proper reference to Agricultural Preserve policies nor
were existing Agricultural Preserves indicated on the Land Use
Map. See letter dated February 16, 1993 and April 5, 1993 from
Victoria Flood and Dottie Reitow for reference. The
Metropolitan Council staff recommended that the City submit a
minor comprehensive plan amendment to correct the discrepancy.
The Zoning Ordinance currently contains regulations setting forth
conditions under which lands may qualify for the Agricultural
Preserve program. However, the Ordinance regulations are
insufficient to implement the program. Metropolitan Council
staff recommend that the Comprehensive Plan as well as the Zoning
Ordinance be amended to clarify the City's policies.
Staff drafted the attached language and Land Use Map in response
to the request by the Metropolitan Council. Council staff has
informally reviewed the draft language and believes that it is
4629 Dakota St. S.E., Prior lake, Minnesota 55372 / Ph. (612) 4474230 / Fax(612)4474245
AN EQUAL OPPORNNITY EMpIDYER
acceptable. The process to incorporate the language and map
changes into the Comprehensive Plan and Zoning ordinance is for
the Planning Commission to hold a public hearing and submit its
recommendation to the City Council. The City Council will review
the proposed amendments and may approve the Comprehensive Plan
amendment subject to approval of the Metropolitan Council. The
Zoning Ordinance amendment can be approved by the City Council
without review by the Metropolitan Council. Once approved, the
Metropolitan Council will have approximately 60 days to review
and approve the minor plan amendment. The staff of the
Metropolitan Council will advise the City of Prior Lake when the
amendment has been approved and /or under what conditions approval
will be granted.
ALTERNATIVES
1. Approve the amendments to the Comprehensive Plan and Zoning
Ordinance as submitted.
2. Table or continue this item for specific reasons.
3. Deny the amendments based upon specific facts and findings.
Alternative #1.
A separate motion to approve the Comprehensive Plan amendment and
Zoning Ordinance is requested.
PRj
:Tf
"CP03PN"
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, May 6, 1993 at 10:00 p.m.
The purpose of the hearing is to consider a proposed minor
amendment to the Prior Lake Comprehensive Plan. The following
language is proposed to be added to the Land Use Plan:
LAND USE PLAN
PROPOSED POLICY 3:
Policy 3 - To provide protection for long term agricultural
land uses, the City of Prior Lake will implement
the Metropolitan Agricultural Preserves Act to
protect and support farming operations. The
Comprehensive Land Use Plan designates lands set
aside for long -term agricultural production as
"Agricultural Preserve." The purpose of the
district is to preserve agriculture as'a continuing
land use; to protect prime agricultural lands from
incompatible forms of development such as
large -lot subdivisions, which threaten the
viability of commercial farming operations and, to
promote proper environmental and land management
practices that will maintain prime agricultural
lands.
An agricultural preserve is a established to maintain, protect,
and enhance commercial farming and food production as predominant
land use activities. An agricultural preserve district may be
established according to the provisions of the Metropolitan
Agricultural Preserves Act.
Within Agricultural Preserve Districts, untimely expansion of
urban facilities which would make agriculture economically
impractical will be avoided. Residential subdivision, commercial
or industrial uses except for agri- business facilities normally
associated with a farm enterprise are prohibited. Residential
densities will be limited to one non -farm unit per
quarter /quarter section (average of one dwelling per 40 acres).
4629 Dakota St. S.E., Prior take, Mine ota 55372 / Ph. (612) 4474230 / Fax (612; 447 -4245
M EQUAL OPPOKF UM Y F LOYFR
The Land Use Plan Map is proposed to be amended to indicate the
locations of existing Agricultural Preserve Districts within the
city of 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 regarding this
matter, contact the Prior Lake Planning Department at 447 -4230.
Deborah Garross
Assistant City Planner
To be published in the Prior Lake American on Monday April 26,
and May 3, 1993.
r
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, May 6, 1993 at 10:00 p.m.
The purpose of the hearing is to consider a proposed amendment to
City Code Section 5 -1 -7 Definitions; 5 -3 -1 Permitted Uses;
5- 4 -1(N) Agricultural Preserves, AND Zoning Ordinance 83 -6
Sections 8.1 Definitions; 3.1 Permitted Use; 4.3 Agricultural
Preserves to change the language to read as follows:
PROPOSED AGRICULTURAL PRESERVE AMENDMENT:
AGRICULTURAL PRESERVE: Land area created and restricted
according to Minnesota Statutes Chapter 473N.05 to
remain in agricultural use. Agricultural use means the
production for sale of livestock, dairy animals, dairy
products, poultry or poultry products, fur bearing
animals, horticultural or nursery stock, fruit,
vegetables, forage, grains, or bees and apiary products.
Wetlands, pasture and woodlands accompanying land in
agricultural use shall be deemed to be in agricultural
use.
PERMITTED USE - A -1, AGRICULTURAL: 12. Agricultural Preserve.
PERMITTED USE - C -1, CONSERVATION: 13. Agricultural Preserve.
AGRICULTURAL PRESERVES: Upon certification by the City Council
that certain lands in the City are planned for long term
agricultural use in the Comprehensive Plan, and zoned
A -1 Agricultural and /or C -1 Conservation on the Zoning
Map, owners of said lands may make application for
agricultural preserve status requiring a maximum
residential density at one unit per quarter /quarter
section (average of one dwelling per 40 acres).
Application may be initiated on a form provided by the
City.
4629 Dakota St. S.E., Prior Cake, Minnesota 55372 / Ph. (612) 4474230 / Fax (612) 447 -4245
AN EQUAL OPPORrUNrrY EWIIM'
Minimum Acreage: The minimum acreage is forty (40 acres,
but smaller parcels will be considered eligible under the
following conditions:
1. Noncontiguous parcels at least ten (10) acres in size
and aggregating forty (40) or more acres may be eligible
if they are farmed together as a unit.
2. The minimum acreage requirement may be reduced to
thirty -five (35) acres if the land is located within a
single quarter /quarter section and the amount less than
forty (40) acres is due to a public right -of -way or a
disturbance in the rectangular survey system leaving a
quarter /quarter of less than forty (40) acres.
3. The minimum acreage can be reduced to twenty (20) acres
if it is adjacent to eligible land on not less than two
(2) sides and the following conditions are met:
a) The land area predominantly comprises Class I, II,
III, or irrigated Class IV land according to the
Land Capability Classification Systems of the Soil
Conservation Service and the Scott County Soil
Survey; and
b) The City Council considers the land to be an
essential part of the agricultural region; and
C) The parcel was a parcel of record prior to January
1, 1980; or the land was an agricultural preserve
prior to becoming a separate parcel of at least
twenty (20) acres.
4. Contiguous municipally- certified land meeting the total
acreage requirements, but located in an adjoining
municipality as well as in Prior Lake so that the
minimum acreage requirement is not met in one or more
jurisdictions, is eligible through joint resolution of
the affected local governments.
Duration: An agricultural preserve continues indefinitely
until either the owner or the City initiates expiration,
after which the duration is eight (8) years. A land owner
may initiate expiration by notifying the City on a form
provided. The City may initiate expiration by changing the
planning and zoning so that the land is no longer planned for
long -term agricultural use or is rezoned to another use.
(Ord. 84 -02)
Where there are two or more contiguous quarter /quarter
sections under single ownership, the owner may, by
Conditional Use Permit, cluster the permitted number of
dwelling units in one quarter /quarter section. All lots
created under this provision must meet all of the other
district requirements, including those for setbacks, driveway
spacing and lot area. One of the conditions of approval
shall be the filing and recording of an agreement signed by
all of the affected property owners, relinquishing any right
to a residential building site on the quarter /quarter section
from which the building site eligibility has been
transferred. (Ord. 90 -05)
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
ma� n t�t�er,,� c�on the �Prior Lake Planning Department at 447 - 4230.
Deborah Garross
Assistant City Planner
To be published in the Prior Lake American on Monday April 26,
and May 3, 1.993.
METROPOLITAN COUNCIL
Aha,, A, A Cenm% 230 &,st hfth Smw. Sr. Pm 1. MN 55101-1634
April 5, 1993
Horst Graser
Director of Planning
City of Prior Lake
4629 Dakota Street SE
Prior Lake, Minnesota 55372 -1714
Dear Mr. Graser
612 291 -63.59 FAX 612 291 -6550 7TY 612 291 -Ore94
The reason for my letter is two -fold. First, to ask that you review your local planning and zoning to determine
if areas certified for agricultural preserves are properly planned and zoned. Second, to remind you that recent
legislation increases the benefits to farmers participating in the Agricultural Preserves Program.
The Council's role in the program is to monitor local participation. As part of this effort, the Council has
recently learned of several instances where local governments have not properly certified land for agricultural
preserves. Since administration of the Agricultural Preserves Program is a local responsibility, I am asking
that you review your local planning and zoning to determine if areas certified as eligible for agricultural
preserves are planned and zoned at densities no greater than one unit per 40 acres. Under the Agricultural
Preserves Act, both comprehensive plan designation and zoning designation are essential. One or the other
alone is not sufficient.
If you determine that either your planning or zoning does not meet the required standard, your governing body
wi!l need to take one of the following actions:
1. If you want to allow for agricultural preserves, amend your comprehensive plan and /or zoning
ordinance to properly reflect the one unit per 40 -acre density requirement and submit any
plan amendment to the Council for review. Submit zoning changes to the Council for
information purposes only.
2. If you want to reduce or end participation in agricultural preserves, begin the process of
decertifying the affected agricull-iral preserves land. This process will vary depending on local
circumstances. Refer to the Ia._buage in the Agricultural Preserves Act attached to this letter
for how to proceed with decertification.
The Council supports planning for long term agricultural areas and hopes that local governments will choose
the first option.
Please return the attached form to the Council when you have completed the review of your local agricultural
preserves program. Please return the completed form by June 1, 1993.
I also want to remind your community that changes enacted by the Legislature in 1992 mean that farmers who
have land enrolled in Agricultural Preserves will soon begin to see a greater tangible benefit for their
participation. The change established a minimum tax credit of 51.50 per acre. This minimum tax credit
guarantees a financial benefit to participants and will affect taxes payable in 1993. You may wish to consider
notifying current and future participants in your area of the added program benefit
If you have any questions about or need assistance with the local review of plans and ordinances, please
contact Tod Flood at 291 -6621.
Sincerely,
Dottie
Chair
DR/tf
IDRMLPW
Attachments
LYC] Recycled Paper
AM AM
ZL METROPOLITAN COUNCIL
Mracs Park Centre. 230 &st Fifth Street. St. Nut. AfN 55101 -1634
February 16, 1993
Ms. Deb Garross
Assistant Planner
City of Prior Lake
4629 Dakota Street SE
Prior Lake, MN 55372 -1714
Dear Ms. Garross:
612 291 -6.159 FAX 612 291 -6550 77Y 612 291-0904
F B� / �'Fp
G�
This is in response to your questions regarding a comprehensive plan amendment identifying the city's
agricultural preserve areas.
The proposed comprehensive plan amendment meets the requirements for a minor amendment,
therefore the amendment may be submitted as such. The amendment will require a plan text change,
along with a map change.
In the September, 1992 amendment to its Water Resource Management Plan the city indicated that
it would adopt the storm water management standards found in the Minnesota Pollution Control
Agency's (MPCA) "Best Management Practices ", and would adopt storm water pond design standards
from the National Urban Runoff Program as stated in chapter 4 of the MPCA's "Best Management
Practices ". As part of any amendment that the city would make at this time, the Council will expect
Prior Lake to either indicate that it has adopted these measures, or indicate the time frame in which
they will be adopted. Since five months have passed since the city made its commitment to adopt
these measures, the Council will expect a timely response.
Attached are text format examples relating to agricultural preserves designation. If you have further
questions, please call myself (291 -6621) or Barb Senness (291 - 6419).
Sincerely,
J,dWV:
Victoria Flood
Associate Planner
ene.
METROPOLITAN AGRICULTURAL
PRESERVES PROGRAM
1989 STATUS REPORT
December, 1989
NEIROPOLMN COUNCIL
Me= Park Cenrree, 230 Ewt Fifth 'beet A Pau4 Wb ow 55101 TeL 61201 -6359
Publication Number. 62089.138
INTRODUCTIO
The Metropolitan Agricultural Preserves Act was established in 1980 to preserve long -term
agricultural areas within the seven county metropolitan area. Farmland certified eligible for the
program is identified by the Metropolitan Development and Investment Framework (MDIF) as
being located within the commercial agriculture policy area. This is where local jurisdictions
have identified long -term agriculture as the best permanent use of the land, and where long-
term agricultural investments can be made knowing that development will not destroy or limit
these investments.
The Metropolitan Agricultural Preserves Act requires that an annual report be prepared by the
Metropolitan Council. Minnesota Statutes Chapter 473H.06, Sub. 5 states "The Metropolitan
Council shall maintain agricultural preserve maps, illustrating (a) certified long -term agricultural
lands and (b) lands covenanted as agricultural preserves. The Council shall make yearly reports
to the state planning agency and such other agencies as the Council deems appropriate."
This is the eighth in a series of reports that documents changes in participation over the years
since 1980. It analyzes data as of March 1, 1989, the deadline landowners must meet in order
to obtain tax benefits in the succeeding year.
LEGISLATIVE HISTORY
The Rural Area Task Force, created in 1978 by the Council to address farmland preservation.
recommended that government activities be realigned to be more supportive of agriculture. The
task force recommended legislative action and the use of local planning and timing to protect
long -term agriculture. The state legislature responded by passing the Metropolitan Agricultural
Preserves act in 1980.
T AGRICULTURAL PRESERVES A
Tke'purpose of the legislation is to recognize farmland enrolled in agricultural preserves as a
Tong -term land use. It attempts to protect metro farmland by placing it on equal footing with
farmland in outstate Minnesota, which is not affected by urban pressures. In addition,
Metropolitan area farmland is assessed according to its agricultural use, rather than its market
value. It is intended to place an upper limit on the total tax rate so that the net tax is similar
to farmland in nonurban parts of the state. The difference between what is paid by the
landowner and what would have been paid without this tax ceiling is made up by the county.
The Agricultural Preserves Act also places restrictions on government actions in order to protect
farmland. Special assessments cannot be made for urban sewer and water systems and
communities are' from annexing neighboring farmlands unless specific conditions are
met.
IMP LEMENTATION OF THE PROG
The agricultural preserves program is implemented at either the county or cityltownship level.
The local authority is responsible for management of the application process and enforcement
of the act's requirements. The local authority must adopt a comprehensive plan that designates
land for long -term agriculture by special zoning. The zoning for these areas must permit no
more than one dwelling unit per 40 acres. After these measures have been met, the land can
be certified by resolution of the governing body as eligible for benetIls under the a¢ricultur.ii
preserves program.
After land is certified eligible, landowners contact the local authority to obtain an application.
This form includes a restrictive covenant on the land and an affidavit from the local authority
certifying eligibility of the land. The application is submitted by the local government to the
county recorder, auditor, assessor, soil and water conservation district and to the Metropolitan
Council.
A landowner may initiate an expiration to end the agricultural preserve status at any time;
however, actual expiration does not occur until eight years after the notice is signed.
Landowners may file an expiration notice at the same time as the application, but have the
option of rescinding this expiration within two years if they decide to remain in the program
longer than the initial eight years. The local authority may also initiate expiration upon
notification of the landowner. This must occur when the comprehensive plan and zoning for
the area are amended so that the land is no longer zoned for long term agriculture.
The minimum land area for eligibility in the program is forty acres. Under certain
circumstances, the minimum can be reduced to as little as twenty acres. Noncontiguous parcels
of at least ten acres in size can also be eligible, if they add up to forty or more acres and are
farmed together as a unit. CP#Ogr the law, it is the land itself that qualifies for and is entered
into . the program, not the landowner. Although the land may change ownership, it remains in
the program until it is removed through expiration.
In the 1988 legislative session, an amendment to the law was made in order to clarify the
eligibility status. This amendment explains that small parcels of contiguous agricultural land
shall be eligible for designation as an agricultural preserve as long as the land is under the same
ownership and is adjacent on at least one side to an existing preserve.
A past amendment to the law that should be noted is a clarification of the density restriction
after a subdivision. When a separate parcel has been created for a residential structure, its
agricultural preserve status ends, unless the parcel by itself meets the eligibility requirements of
section 473.03. This separate parcel remains under the maximum residential restrictions in
effect for the original preserve, until the agricultural preserve status for the original parcel ends.
The law has also been clarified in regard to the use of existing farm buildings for commercial
operations. Commercial and/or industrial uses are not allowed on land within the agricultural
preserve unless they are important to farming and the use does not disrupt the integrity of the
agricultural preserve.
METROPOLITAN DEVELOPMENT AND INVESTMENT FRAMEWORK
The rural service area, as a separas: ?oliry area of the Metropolitan Development and
Investment Framework (MDIF), comprises the largest part of the seven county metropolitan
area. The MDIF defines the rural service area as consisting of the commercial agricultural area,
the general rural use area and the rural centers that lie within.
The commercial agricultural area is defined as lands certified by local units of government to be
eligible for participation in the agricultural preserves program. This geographic area can change
in size, since land can go into or out of certification as local governments replan and rezone
certain parcels. The Council recognizes covenanted lands as the primary agricultural protection
area, which receives the greatest protection from incompatible land uses because of the
commitment to farming that has been established. Secondary protection arras include farml.w,
certified but not yet entered into the program.
FUNDI AND TAX — C
RED
agricultural preserves program is funded by a five dollar fee on deed transfers and
mortgage registrations collected by the metropolitan area counties. Of the money collected, half
is retained by the county and half is transferred to the state conservation fund. Counties first
oav tax credits from their half and then may draw upon the state fund if county. funds are not
sufficient. Table 1 shows the deed tax collections and credits paid. by county. in 1989. In 1989.
all of the metro counties collected more in mortgage and deed taxes than they paid in tax
credits. Of the total $451,733.00 in mortgage and deed tax collected, only $43.684.00 was paid
in tax credits. The more than $400.000.00 remaining was added to the state conservation fund.
Under the agricultural preserves program, all land classified agricultural is valued solely with
reference to its appropriate agricultural classification. The assessed value is then multiplied by
105 percent of the previous year's statewide average tax rate levied by townships. The tax due
is the amount determined either by this formula, or by the tax rate for the township where the
property is located, whichever is less.
Table 1 1989 AGRICULTURAL PRESERVES FUNDING
.......... ----- ...............
ANOKA 51,374 51,374 705 50.669
CARVER 12,962 12,962 051 11.611
DAKOTA 67,527 67,527 10,617 27.010
HENNEPIN 202,514 202,514 19,350 183.164
RAMSEY 63,577 63,577 ---- 63.577
$_Q= - :: '` 15,112 15,112 9.998 6.114
WASHINGTON 38,667 38.667 2.663 36.004
TOTAL $451,733 $ 451,733 $ 43,684 S 37&149
1988 Fund Balance $297,821
Added this year 378,149
1989 Fund Balance 675,970
$ 250 $
$ 250 C
Credits A
Added to
State Share C
CountyShare P
Payable S
State Fund
1989 Fund Balance 675,970
CHAPTER 473H
METROPOLITAN AGRICULTURAL PRESERVES
473H.01 CITATION; POLICY; PURPOSE. July, 1992 (amended text underlined)
Subdivision 1. Sections 473H.01 to 473.H.17 may be cited as the "metropolitan agricultural preserves act."
Subdivision 2. It is the policy of the state to encourage the use and improveme _r of its agricuiturai lands for the
production of food and other agricultural products. It is the purpose of sections 473H.02 to 473H.17 to provide an
orderly means by which lands in the metropolitan area designated for long tern agricultural use through the local
and regional planning processes will be taxed in an equitable manner reflecting the long term singular use of the
property, protected from unreasonably restrictive local and state regulation of normal farm practices, protected from
indiscriminate and disruptive taking of farmlands through eminent domain actions, protected from the imposition of
unnecessary special assessments, and given such additional protection and benefits of unnecessary special assessments,
and given such additional protection and benefits as are needed to maintain viable productive farm operations in the
metropolitan area
History: 1980 C 566 sl
473H.02 DEFINITIONS.
Subdivision 1. For purposes of sections 47311.02 to 4731117 the terms defined in this section shall have the
meanings given to them.
Subd. 2. "Agricultural preserve" or "preserve' means a land area created and restricted according to section 473H.05
to remain in agricultural use.
Subd. 3. "Agricultural use" means the production for sale of livestock, dairy animals, dairy products, poultry or
poultry products, fur bearing animals, horticultural or nursery stock, fruit, vegetables, forage, grains, or bees and
apiary products. Wetlands, pasture and woodlands accompanying land in agricultural use shall be deemed to be in
agricultural use.
Subd. 4. 'Authority" means the unit of government exercising planning and zoning authority for the land specified
in an application as provided under section 473H.05 and pursuant to sections 39421 to 39437, 463.351 to 462364,
or 366.10 to 366.19. Where both a county and a township have adopted zoning regulations, the authority shall be
the unit of government designated to prepare a comprehensive plan pursuant to section 473.861, subd. 2
Subd. S. "Certified long -term agricultural land" means land certified pursuant to section 473H.04 as eligible for
designation as agricultural preserves.
Subd. 6. "Covenant agreement" means a restrictive covenant initiated by the owner and evidenced by an agreement
provided for in section 473H.05 whereby the owner places the limitations on specified land and receives the
protection and benefits contained in sections 4731.02 and 4731.17.
Subd. 7. 'Long -term agricultural land" means land in the metropolitan area designated for agricultural use in local
or county comprehensive plans adopted and reviewed pursuant to sections 473.175, and 473.851 to 473.871, and
which has been zoned specifically for agricultural use permitting a maximum residential density of not more than one
unit per quarter /quarter.
Subd. 8. 'Metropolitan area" has the meaning given it in section 473.121, subdivision 2.
Subd. 9. "Owner" means a resident of the United States owning land specified in an application pursuant to section
4731105, and includes an individual, legal guardian or family farm corporation as defined in section 50024, having
a joint or common interest in the land. Where land is subject to a contract for deed, owner means the vendor in
agreement with the vendee.
Subd. 10. "Quarter /quarter" means one quarter of one quarter of any section in the rectangular land survey system
Subd. 11. "County recorder" means registrar of titles for the purposes of registered property.
History: 1980 c 566 s 2; 1982 c 523 an 32 s 1,2
473H.03 ELIGIBILITY.
Subdivision 1. Long -term agricultural land comprising 40 or more acre, shall be eligible for designation as an
agricultural preserve.
Subd. 2. Noncontiguous parcels may be included to achieve the minimum acreage requirement in subdivision 1,
providing that each parcel is at least 10 acres in size and provided that all separate parcels are farmed together as
a unit.
Subd. 3. The minimum acreage requirement in subdivision 1 may be reduced to 35 acres provided the land is a single
quarter /quarter parcel and the amount less than 40 acres is due to a public road right -of -way or a perturbation in
the rectangular survey system resulting in a quarter /quarter of less than 40 acres.
Solid. 4. Contiguous long -term agricultural land comprising not less than 20 acres and surrounded by eligible land
on not less than two sides shall be eligible for designation as an agricultural preserve provided the authority by
resolution determines that: (i) the land area predominantly comprises Class I, II, II, or irrigated Class IV land
according to the Land Capability Classification Systems of the Soil Conservation Service and the county soil survey,
(ii) the land area is considered by the authority to be an essential part of the agricultural region; and (iii) the parcel
was a parcel of record prior to January 1, 1950, or the land was an agricultural preserve prior to becoming a separate
parcel of at least 20 acres.
Subd. S. Contiguous long -term agricultural land meeting the total acreage requirements of this section, but located
in two or more authorities so that the minimum acreage requirement is not met in one or more of the authorities,
shall be eligible by joint resolution of the affected authorities.
Subd. 6. Contiguous long -term agricultural land not meeting the total acreage requirements of this section but under
the same ownership as an agricultural preserve adjoining it on at least one side shall be eligible for designation as
an agricultural preserve.
History- 1980 c 566 s 3; 1989 c 313 s 9
!FIr):1[�Z�y I1 4 91 yZMit Y C�7:!
Subdivision 1. Each authority in the metropolitan area having land classified agricultural pursuant to section 273.13
shall certify by resolution using appropriate maps which lands, if any, are eligible for designation as agricultural
preserves. Maps shag be in sufficient detail to identify eligible lands by property boundaries. At least two weeks
before the resolution is to be adopted, the authority shall publish notice of its intended action in a newspaper having
a general circulation within the area of jurisdiction of the authority. No additional lands shall qualify for designation
as agricultural preserves until the authority certifies qualification.
Subd. 2. Land shall cease to be eligible for designation as an agricultural preserve when the comprehensive plan
and zoning for the land have been amended so that the land is no longer planned for long -term agricultural use and
is no longer zoned for long term agricultural use, evidenced by a imi imum residential density permitting no more
than one unit per 40 acres. When changes have been made, the authority shall certify by resolution and appropriate
maps which lands are no longer eligible. At least two weeks before the resolution is to be adopted, the authority
shall publish a notice of its intended action in a newspaper having a general circulation within the area of jurisdiction
of the authority.
Subd. 3. The authority shall provide the Metropolitan Council with suitable maps showing any lands certified eligible
pursuant to subdivision 1 or decertified pursuant to subdivision 2. The Metropolitan Council shall maintain maps
of the metropolitan area showing ail certified long term agricultural lands.
History: 1980 c 566 s 4; 1982 c 523 art 32 s 3,4
47311.05 APPLICATION; COVENANT AGREEMENT.
Subdivision 1. An owner or owners of certified long -term agricultural land may apply to the authority with
jurisdiction over the land on forms provided by the commissioner of agriculture for the creation of an agricultural
preserve at any time. If the land to be placed in a preserve is registered property, the owner shall submit the owner's
duplicate certificate of title together with the application. Land for which application is received prior to March 1
of any year shall be assessed pursuant to section 473H.10 for taxes payable in the following year. Land for which
application is received on or after March 1 of any year shall be assessed pursuant to section 473H.10 in the following
year. The application shall contain at least the following information and such other information as the commissioner
deems necessary-
(a) Legal description of the area proposed to be designated and parcel identification numbers if so
designated by the county auditor,
(b) Name and address of owner;
(c) An affidavit by the authority evidencing that the land is certified long -terns agricultural land at the
date of application.
(d) A witnessed signature of the owner covenanting that the land shall be kept in agricultural use, and
shall be used in accordance with the provisions of sections 473H.02 to 473H.17 which exist on the
date of application;
(e) A statement that the restrictive covenant shall be binding on the owner or the owner's successor or
assignee, and shall run with the land. ,
Subd. 2. The authority may require an application fee, not to exceed $50, to defray administrative costs.
Subd. 3. Registered property. In the case of registered property, the applicant shall submit the owner's duplicate
certificate at the time the application is made to the authority. The county recorder shall memorialize the restrictive
covenant upon the certificate of title and owner's duplicate certificate of title. When the property or any portion
of it ceases to be. an agricultural preserve in accordance with section 473IL08 and the passage of the required time
period, section 473H.09 or 473H.15, the county recorder upon presentation of the owner's duplicate certificate of
title shall cause the restrictive covenant to be canceled upon the effective date of the expiration, termination or
taking.
History[ 1980 c 566 s 5; 1982 c 523 art 32 s 5,6; 1986 c 444
473H.06 NOTIFICATION.
Subdivision L Upon receipt of an application, the authority shall determine if all material required in section
473H.05 has been submitted and, if so, shall determine that the application is complete. When used in this chapter,
the term "date of application' means the date the application is determined complete by the authority. Within five
days of the date of application, the authority shall forward the completed and signed application to the county
recorder, together with the owner's duplicate certificate of title in the case of registered property, and copies to the
county auditor, the county assessor, the Metropolitan Council and the county soil and water conservation district
Subd. 2. The county recorder shall record the restrictive covenant and return it to the applicant. If the property
is registered property, the recorder shall memorialize the restrictive covenant upon presentation of the owner's
duplicate certificate of title. The authority shall be notified by the recorder that the covenant has been recorded
or memorialized.
Subd. 3. The county auditor, for taxes payable in the following year and thereafter for the duration of the preserve,
shall determine local tax rates, assessments and taxes involving the preserve according to the provisions of section
473H.10.
Subd. 4. The county assessor, for taxes payable in the following calendar year and thereafter for the duration of the
preserve, shall value and assess the agricultural preserve according to section 473H.10.
Subd. S. The Metropolitan Council shall maintain agricultural preserve maps, illustrating (a) certified long term
agricultural lands; and (b) lands covenanted as agricultural preserves. The Council shall make yearly reports to the
commissioner of trade and economic development, the department of agriculture, and such other agencies as the
Council deems appropriate.
Subd. 6. County auditors shall maintain records of taxes assessed and paid on agricultural preserves in a manse.
prescribed by the commissioner of revenue for the orderly monitoring of the program.
Subd. 7. The county soil and water conservation district may prepare an advisory statement of existing and potentiai
conservation problems for the agricultural preserve land. The statement shall be forwarded to the owner of record
and a copy of the statement shall be forwarded to the authority.
History: 1980 c 566 s 6; 1981 c 356 s 142, 148; 1982 c 523 art 32 s 7 -9,• 1983 c 289 s 115 subd 1; 1987 c 312 all 1 s
26subd2; 1988 c 719 art 5 s 84, ISp1989cI arr2s11
A land area shall be deemed an agricultural preserve and subject to all the benefits and restrictions of sections
473H.02 to 473H.17 commencing 30 days from the date of application.
History: 1980 c 566 s 7
473H.08 DURATION.
Subdivision 1. Agricultural preserves shalt continue until either the landowner or the authority initiates expiration
as provided in this section.
Subd. 2. A landowner may initiate expiration by notifying the authority on a form provided by the commissioner of
agriculture. The notice shall describe the property for which expiration is desired and shall state the date of
expiration which shall be at least eight years from the date of notice. The notice and expiration may be rescinded
by the owner at any time during the first two years following notice.
Subd. 3. The authority may initiate expiration by notifying the landowner by registered letter on a form provided
by the commissioner of agriculture, provided that before notification (i) the comprehensive plan and the zoning for
the land have been officially amended so that the land is no longer planned for long -term agriculture and is not
longer zoned for long term agriculture, evidenced by a maximum residential density permitting more than one unit
per quarter /quarter, and (ii) the authority has certified such changes pursuant to section 473H.04, subdivision 2. The
notice shall describe the property for which expiration is desired and shall state the date of expiration which shall
be at least eight years from the date of notice.
Subd. 4. Upon receipt of the notice provided in subdivision 2, or upon notice served by the authority as provided
in subdivision 3, the authority shall forward the original notice to the county recorder for recording and shall notify
the county auditor, county assessor, the Metropolitan Council, and the county soil and water conservation district
of the date of expiration. Designation as an agricultural preserve and all benefits and limitations accruing through
-sections 473H.02 to 473H.17 for the preserve shall cease on the date of expiration. The restrictive covenant filed
with the application shall terminate on the date of expiration.
History: 1980 c 566 c 8; 1982 c 523 art 32 s 10
473H.09 EARLY TERMINATION.
Termination of an agricultural preserve earlier than a date derived through application of section 473H.08 may be
permitted only in the event of a public emergency upon petition from the owner or authority to the governor. The
determination of a public emergency shall be the governor through executive order pursuant to sections 4.035 and
12.01 to 12.46. The executive order shall identify the preserve, the reasons requiring the action and the date of
termination.
History: 1980 c 566 s 9
473H.10 AD VALOREM PROPERTY TARES
Subdivision L Real property within an agricultural preserve shall be valued and assessed pursuant to chapter 273,
except as provided in this section.
Subd. 2. All land classified agricultural and in agricultural use, exclusive of buildings, shall be valued solely with
reference to its appropriate agricultural classification and value, notwithstanding sections 27203, subdivision 8, and
273.11. In determining the value for ad valorem tax purposes the assessor shall not consider any added values
resulting from nonagricultural factors.
Subd. 3. Computation of tax; state reimbursement
(a) After having determined the market value of all land valued according to subdivision 2, the assessor
shall compute the ne tax capacity of those properties by applying the appropriate chuss rates. When
computing the rate of tax pursuant to section 275.08, the county auditor shall include the net tax
capacity of land as provided in this clause.
(b) The county auditor shall compute the tax on lands valued according to subdivision 2 and
nonresidential buildings by multiplying the net tax capacity times the total local tax rate for all
purposes as provided in clause (a).
(c)
(d1 The county auditor shall then compute the maximum ad valorem property tax on lands valued
according to subdivision 2 and nonresidential buildings by multiplying the get tax capacity times 105
percent of the previous year's statewide average local tax rate levied on property located within
townships for all purposes.
Lel The tax due and payable by the owner of preserve land valued according to subdivision 2 and
nonresidential buildings will be the amount determined in clause (c), gL(41 whichever is less. The
state shall reimburse the taxing jurisdiction for the amount of the difference between the net tax
determined under this clause and the ¢foss tax in clause (b) . Residential buildings shall continue to
be valued and classified according to the provisions of sections 273.11 and 273.13, as they would be
in the absence of this section, and the tax on those buildings shall not be subject to the limitation
contained in this clause.
The county may transfer money from the county conservation account created in section 40A.152 to the county
revenue fund to reimburse the fund for ttre tax lost as a result of this subdivision or to pay taxing jurisdiction within
the county for the tax lost. The county auditor shall certify to the commissioner of revenue on or before June 1 the
total amount of tax lost to the county and taxing jurisdictions located within the county as a result of this subdivision
and the extent that the tax lost exceeds funds available in the county conservation account. Payment shall be made
by the state on December 15 to each of the affected taxing jurisdictions, other than school districts, in the same
proportion that the ad valorem tax is distributed if the county conservation account is insufficient to make the
reimbursement. There is annually appropriated from the Minnesota conservation fund under section 4OA.151 to the
commissioner of revenue an amount sufficient to make the reimbursement provided in this subdivision. If the
amount available in the Minnesota conservation fund is insufficient, the balance that is needed is appropriated from
the general fund.
History -1980 c 566 s 10; 1984 c 593 s 41; 1985 c 300 s 26; 1986 c 398 art 28 s 4; 1986 c 444; 1987 c 396 art 7 s 4;
1988c719 art 5s84; 1989c329 art 13s20,I Sp1989cI art 2s11 ; art 9s78 ;1990c604 art 3s42
473H.11 LIMITATION ON CERTAIN PUBLIC PROJECTS.
Notwithstanding chapter 429, construction projects for public sanitary sewer systems and public water systems
benefiting land or buildings in agricultural preserves shall be prolubited. New connections between land or buildings
in agricultural preserves and sanitary sewers or water systems shall be prohibited. Public sanitary sewer or water
systems built in the vicinity of agricultural preserves are deemed of no benefit to the land and buildings in agricultural
preserves.
History- 1980 c 566 s 11
473H.12 PROTECTION FOR NORMAL FARM PRACTICES.
Local governments and counties shall be prolubited from enacting ordinances or regulations within an agricultural
preserve which would unreasonably restrict or regulate normal farm structures or farm practices in contravention of
the purpose of sections 473]302 to 4731.17 unless the restriction or regulation bears a direct relationship to the
public health and safety. This section shall apply to the operation of farm vehicles and machinery in the planting,
maintenance and harvesting of crops and in the care and feeding of farm animals, the type of farming, and the design
of farm structures, exclusive of residences.
History: 1980 c 566 s 12
4731113 (Repealed, 1982 c 512 s 171
4731114 ANNEXATION PROCEEDINGS.
Agricultural preserve land within a township shalt not be annexed to a municipality pursuant to chapter 414, without
a specific finding by the Minnesota Municipal Board that either (a) the expiration period as provided for in section
473H.08 has begun; (b) the township due to size, tax base, population or other relevant factors would not be able
to provide normal governmental functions and services; or (c) the agricultural preserve would be completely
surrounded by lands within a municipality.
This section shall not apply to annexation agreements approved by the Minnesota Municipal Board prior to creation
of the preserve.
History -1980 c 566 s 14; 1982 c 523 art 32 s 11
473H.15 EMINENT DOMAIN ACTIONS.
Subdivision 1. Any agency of the state, any public benefit corporation, any local, county or regional unit of
government or any other entity possessing power of eminent domain under chapter 117, shall follow the procedures
contained in this section before (1) acquiring any land or easement having a gross area over 10 acres in size within
agricultural preserves; or (2) advancing a grant, loan, interest subsidy or other funds for the construction of dwellings,
commercial or industrial facilities, or water or sewer facilities that could be used to serve nonfarm structures within
agricultural preserves.
Subd. 2. At least 60 days prior to an action described in subdivision 1, notice of intent shall be filed with the
Environmental Quality Board containing information and in the manner and form required by the Environmental
Quality Board. The notice of intent shall contain a report justifying the proposed action, including an evaluation
of alternatives which would not require acquisition within agricultural preserves.
Subd. 3. The Environmental Quality Board, in consultation with affected units of government, shall review the
proposed action to determine the effect of the action on the preservation and enhancement of agriculture and
agricultural resources within the preserves and the relationship to local and regional comprehensive plans.
Subd. 4. If the Environmental Quality Board finds that the proposed action might have an unreasonable effect on
an agricultural preserve or preserves, the Environmental Quality Board shall issue an order within the 60 day period
for the party to desist from such action for an additional 60 day period.
Subd. S. During the additional 60 day period, the Environmental Quality Board shag hold a public hearing
concerning the proposed action at a place within the affected preserve or otherwise easily accessible to the preserve
upon notice in a newspaper having a general circulation within the area of the preserves, and individual notice, in
writing, to the municipalities whose territory encompasses the preserves, the agency, corporation or government
proposing to take the action, and any public agency having the power of review of or approval of the action, in a
manner conducive to the wide dissemination of the findings to the public.
Subd. 6. The review process required in this section may be conducted jointly with any other environmental impact
review conducted by the Environmental Quality Board.
Subd. 7. The Environmental Quality Board may request the attorney general to bring an action to enjoin any agency,
corporation or government from violating the provisions of this section.
Subd. g. This section shall not apply to an emergency project which is immediately necessary for the protection of
life and property.
Subd. 9. The Environmental Quality Board shall be empowered to suspend any eminent domain action for up to
one year which it determines to be contrary to the purposes of sections 473H.02 to 473H.17 and for which it
determines there are feasible and prudent alternatives which have less negative impact on the agricultural preserves.
Subd. 10. The agricultural preserve designation and all benefits and limitations accruing through sections 473H.02
to 473H.17 for the preserve and the restrictive covenant for that portion of the preserve taken, shall cease on the
date the final certificate is filed with the court administrator of district court in accordance with section 117.205.
History-1980 c 566 s 15; 1982 c 523 art 32 s 12; 1Sp1986 c 3 art s 82
473IL16 CONSERVATION.
Subdivision 1. Land within an agricultural preserve shall be farmed and otherwise managed according to sound soil
and water conservation management practices. Management practices which are not sound shag be any use of the
land resulting in wind or water erosion in excess of the so0 loss tolerance for each soil type as found in the United
States soil conservation service, Minnesota technical guide.
Subd. 2. The authority shall be responsible for enforcing this section. Upon receipt of a written complaint stating
the conditions or land management practices which are believed to be in violation of this section, the authority shall
consult with the county soil and water conservation districL The district shall determine the average soil loss in tons
per acre per year for each field cited in the complaint according to the universal soil loss equation and the wind
erosion equation, and shall return to the authority a report showing the average soil loss in tons per acre per year
for each field and a list of alternative practices that the landowner can use to reduce the soil loss to the limit allowed
in subdivision 1. After consultation, and if in the judgment of the authority the land is not being managed properly
as required by this section, the authority shall adopt a resolution to this effect and shall seek corrective measures
from the owner. At the request of the landowner, the district shall assist in the planning, design and application of
the practices selected to reduce the soil loss to an acceptable level and shall give such landowners a high priority for
providing technical and cost share assistance.
Subd. 3. Any owner who fails to implement corrective measures to the satisfaction of the authority within one year
of notice from the authority shall be subject to a civil penalty of not more than $1,000. The authority may recover
the penalty by a civil action in a court of competent jurisdiction.
Subd. 4. Costs incurred by the authority in the enforcement of this section may be charged to the property owner.
Charges not timely paid may be placed on the tax rolls and collected as a special assessment against the property.
History. 1980 c 566 s 16, 1982 c 523 art 31 s 13
473H.17 LAND USE
Subdivision L Land within an agricultural preserve shall be maintained for agricultural production. The average
maximum density of residential structures within an agricultural preserve shall not exceed one unit per 40 acres. The
location of any new structure shall conform to locally applicable zoning regulations. Commercial and industrial uses
shall not be permitted except as provided in subdivision 2 after the user is issued a permit by the authority. The
authority shall be responsible for enforcing this section
Subd. la. Allowed commercial and industrial operations.
(a) Commercial and industrial operations are not allowed on land within an agricultural preserve except:
(1) small on -farm commercial or industrial operations normally associated with and important to
farming in the agricultural preserve area;
(2) storage use of existing farm buildings that does not disrupt the integrity of the agricultural
preserve; and
(3) small commercial use of existing farm buildings for trades not disruptive to the integrity of the
agricultural preserve such as a carpentry shop, small scale mechanics shop, and similar
activities that a farm operator might conduct
(b) 'Easting" in paragraph (a), clauses (2) and (3), means existing on August 1, 1987.
Subd. 2. Density restrictions after subdivision When a separate parcel is created for a residential structure,
commercial, or industrial uise permitted under subdivision 1, the parcel shall cease to be an agricultural preserve
unless the eligibility requirements of section 473H.03 are met. However, the separate parcel shall remain under the
maximum residential density restrictions in effect for the original preserve at the time it was placed into the preserve
until the agricultural preserve status for the original parcel ends.
'History: 1980 c 566s 17,• 1987c 396 art 7s 5 -7
473H.18 TRANSFER FROM AGRICULTURAL PROPERTY TAX LAW TREATMENT.
When land which has been receiving the special agricultural valuation and tax deferment provided in section 273.111
becomes an agricultural preserve pursuant to sections 473H.02 to 473H.17, the recapture of deferred tax and special
assessments, as provided in section 273.111, subdivisions 9 and 11, shall not be made. Special assessments deferred
under section 273.111, at the date of commencement of the preserve, shall continue to be deferred for the duration
of the preserve. All special assessments so deferred shall be payable within 90 days of the date of expiration unless
other terns are mutually agreed upon by the authority and the owner. In the event of early termination of a
preserve or a portion of it under section 4731109, all special assessments accruing to the terminated portion plus
interest shall be payable within 90 days of the date of termination unless otherwise deferred or abated by executive
order of the governor. In the event of a taking under section 47311.15 all special assessments accruing to the taken
portion plus interest shall be payable within 90 days of the date the final certificate is filed with the tour
administrator of district court in accordance with section 117.205.
History. 1982 c 523 art 32 s 14; ISp1986 c 3 art I s 82
K Vib—yhWibWo"rppf- WWP473H .
The 1980 Metropolitan
Agricultural Preserves Act
0. Are there penalties of Payback$? For mom information about the
A. No, when the preserve expires, the 1980 METROPOLITAN AGRICULTURAL PROTECTING THE
agreement and benefits simply can. PRESERVESACT: REGION'S' FARMLAND
0. What if I want to build arouse for my Please call the county extension office in
son or daughter? your county.
A. So long as the maximum density of the Anoka 7551280
farm does not exceed one unit per
40 acres and the house conformeto Career 4424496
local ordinances, it's o.k.
C
Met
300 Metro Squai
St. Pa,
Telep
July 1980
'ub:'No 02-WO
Dakota
0. What if I want to deaMop my land in
less than eight yam?
Hennepin
A. Then this law is not for you: It is for
Ramsay
landowners who want their land
to remain in farm use for eight years or
Scott:
MON.
Washington
O. When can I sign up7.
A. For more information, cell one of the
.. Or call the Metropolis
numbers listed on the next panel.
291 -6411.
C
Met
300 Metro Squai
St. Pa,
Telep
July 1980
'ub:'No 02-WO
The 1980 Metropolitan
Agricultural Preserves Act
PROTECTING THE
REGION'S FARMLAND
The Metropolitan Agricultural Preserves.
Act is intended tu preserve farmland. The
new law will provide benefits to farrnan
in the Twin Cities Area to help them
me
continue farming on an equal footing with
farrs not enacted
sprawl. by.Pressures; of urban
Every day 12 square miles of America's
farmland vanish forever. The land is
Plowed under for houses, shOpping centers,
industry.
Between 1994 and 1973, 171,000 aam..
of farmland in the Twin Cities Area were
lost to urban development During the
same Period, 1,739 terms -25 percent of
all the farms in the Area —owned
operating.
It was to stop this alarming trend and
Protect the Region's farmland that
the 1980 Minnesota Legislature passed the
Metropolitan Agricultural Preserve Act
HERE ARE A DOZEN QUESTIONS
FARMERS ASK ABOUT THE NEW LAW.
Q What do I get Out of.'.'Ag Preserves?^
A. There are seven heruerr
w cures
eA li Placed on tool tea . Does not
ad ser town
105 town the a
wide s av average in townships for all
purpaa 8
especial tprobibi sewer and
• Normal farm practices are protected:.
aShq agencies are directed to
support hrming in agricultural
presNVes.
-special findings are required before:
land can M enrssaadto a city,
•Lend is protaeted from emirent
domain. A ravine of altemarim is
required.
Q What do 'I have to give u p?
A.
Q.
a
err
d
"AGENDA
7 :30 p.m.
7:35 p.m. 1.
8:30 p.m. 2.
3 .
REGULAR PLANNING COMMISSION
AGENDA
Thursday, May 20, 1993
Call Meeting to Order.
a) Review Minutes of Previous Meeting.
Planning District Workshop
Cardinal Heights P.U.D., Rezoning,
Preliminary Plat - Continued
Other Business
and
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 SE., Prior lake, Minnesota 55372 / Ph. (612) 4474230 / Fm(612)4474245
AN EQUAL OPPORnJNnV EMPLaM
PLANNING COMMISSION
MINUTES
MAY 6, 1993
The May 6, 1993, Planning Commission Meeting was called to order
by Roseth at 7:30 P.M. Those present were Commissioners Roseth,
Ai old, Loftus and Greenfield, Director of Planning Horst
Graser, Associate Planner James Hayes, and Secretary Rita
Schewe. Commissioner Wuellner arrived at 8:12 P.M.
ITEM I - REVIEW MINUTES OF PREVIOUS MEETING
Commissioner Arnold stated on page 12, paragraph 1, line 3,
correct the spelling of the word "that".
MOTION BY ARNOLD, SECOND BY GREENFIELD, TO APPROVE THE MINUTES AS
CORRECTED.
Vote taken signified ayes by Arnold, Greenfield, Roseth, and
Loftus. MOTION CARRIED.
A brief recess was called at 7:31 P.M. The meeting was reconvened
at 7:35 P.M.
ITEM II - PUBLIC HEARING - PRE PLAT OF FOREST OAKS
The Public Hearing was called to order at 7:35 P.M. to consider
the Preliminary Plat of Forest Oaks. The public was in
attendance and a sign -up sheet was circulated.
Ron Swanson, Valley Surveying Company, Prior Lake, representing
the applicant Robert Paschke, gave the presentation for the
Forest Oaks Subdivision. The subject property is 3.7 acres
located northeast of the intersection of Forest Circle and Fish
Point Road, The proposal is to divide the land into 8 single
family lots that would be custom built to fit each lot to save as
many trees as possible. Much of the area will not be disturbed
during the development.
Horst Graser, Director of Planning, presented the information as
per memo of May 6, 1993. The subdivision is being processed
according to Section 6 -3 -1, Abbreviated Subdivision Process of
Prior Lake Ordinance 87 -10 and is consistent with the
requirements. The entire site is wooded with a mixture of mature
trees, scrub brush and wild flowers. There are no wetlands on
the property as defined by the Wetlands Act of 1991. Outlot A
will be dedicated to the City for a public roadway. Shoreland
Ordinance doers not permit clear cutting, but does allow for a
building pad.
4629 Dakota St. SE., Prior Lake, Minnesota 55372 / Ph. (612) 4474230 / Fax (612) 4474245
M EQUAL OPPORTUNMY EW OYER
PLANNING COMMISSION MEETING MINUTES MAY 6, 1993 PAGE 2
Vicki Hunter -15347 Fish Point Road, stated that when their home
was built the contractor tried to save the trees at the time of
construction but six months later they died.
Lawrence Schweich -22222 Dodd Blvd. Lakeville, asked what the
plans for Kortsch Trail will be, and at the time he was
developing the area he was not allowed to develop the way the
applicant is proposing and was quite vehement in voicing his
opinion.
The public portion of the hearing was closed.
Commissioner Loftus spoke on Mr. Schweichts situation. Ron
Swanson stated the owner of the property refused to sell to allow
connections of the neighborhoods. Commissioner Arnold spoke on
tree preservation and each lot would be custom designed and
graded to fit that design to save as many trees as possible,
Commissioner Greenfield spoke on a gradingg plan, compaction and
there should be guidance to each prospective buyer on home design
and grading. Commissioner Roseth commented on tree replacement.
NOTION BY LOFTUS, SECOND BY ARNOLD, TO ADOPT RESOLUTION 93 -02PC
FOR APPROVAL OF THE PRELIMINARY PLAT OF FOREST OAKS .FIRST
ADDITION, RATIONALE BEING IT IS CONSISTENT WITH THE COMPREHENSIVE
PLAN AND IS COMPLIANT WITH THE PRIOR LAKE SUBDIVISION AND ZONING
Vote taken signified ayes by Loftus, Arnold, Greenfield, and
Roseth. Commissioner Wuellner abstained as he arrived during the
presentation. MOTION CARRIED.
MOTION BY ARNOLD, SECOND BY LOFTUS, TO CLOSE THE PUBLIC HEARING.
Vote taken signified ayes by Arnold Loftus, Roseth, and
Greenfield, Commissioner Wuellner abstained. MOTION CARRIED.
The Public Hearing was closed at 8:15 P.M. A recess was called
at 8:19 P.M. The meeting was reconvened at 8:30 P.M.
ITEM III- PUBLIC HEARING - CARDINAL HEIGHTS- REZONING, SCHEMATIC
AND PRELIMINARY PLAT P.U.D., AND PRELIMINARY PLAT APPROVAL
The Public Hearing was called to order at 8:30 P.M. The public
was in attendance and a sign -up sheet was circulated.
Rick Packer of the Sienna Corporation presented the information
on the project and history of the company. The subject site is
147 acres located within the corporate limits of the City of
Prior Lake, east of the St. Micliael cemetery, south of Prior Lake
Senior High School, east of the Credit River Township /Prior Lake
line and north of Markley Lake. It is a difficult lot to develop
due to the topography. The property will have 221 lots which
meet the zoning requirements with the exception of 50 lots that
PLANNING COMMISSION MEETING MINUTES MAY 6, 1993 PAGE 3
have a lot width less that the code requirement of 80 feet. The
lot prices will be approximately $35,000 each and the homes to be
built will be approximately $140,000 to $180,000.
The applicant requests to vary the tree planting regulat%on, is:
one tree would be planted in the front yard and the ocher tree
would be clustered throughout the subdivision to create a
pleasing effect in landscaping also uniform mailbixes will be
furnished to provide a neat street image. A decrease of five (5)
feet setback on the garage side yard is being rem- All of
the engineering concerns have been discussed with the Engineering
Department and solutions have been worked out. The applicant is
in favor of extending a sidewalk along Crossandra Street to Fish
Point Road from the westerly property edge but does object to the
Parks Department request to extend sidewalks throughout the
outlots.
Horst Graser presented the information as per memo of May 6,
1993. The application presented by the Sienna Corporation is for
Rezoning, Schematic and Preliminary PUD Plan, and Preliminary
Plat for Cardinal Heights. As these items are interelated all
three should be discussed at this hearing. The development will
be done in four phases.
The rezoning request is to rezone approximately 36.48 acres from
R -4 Mixed Code Residential to R -1 Urban residential;
approximately 17.26 acres from C -1 Conservation to R -1 Urban
Residential; approximately 5.92 acres from C -1 Conservation to
R -1 Urban Residential; and approximately 2.76 acres from C -1
Conservation to R -1 Urban Residential. The rezoning would
downzone portions of the site to a lower density which would be
consistent with the Comprehensive Plan. Resolution 93 -03PC
outlines the application and rationale for the rezoning
application.
The P.U.D. section of the Zoning Ordinance allows the developer
to vary lot size, street size, and setback requirements as design
options to reflect market conditions. The applicant wishes to
change three items. 1. Requests that the front yard tree be
allowed to cluster in strategic places thoughout the development.
2. A reduction in lot width from the minimum of 80 feet down to
70 feet. 3. The setback from side property lines from 10 feet
down to 5 feet for garage only.
The many natural features of the site were discussed such as the
slopes, considerable overstory, marshes, and Markley Lake. The
developer will not fill drain, or touch any of the wetlands.
Trail systems will link the area. Outlot D may be redesigned.
The eyebrow cul -de -sacs are not allowed on Municipal State aid
roads. The developer is proposing a 50 foot right -of -way except
for Crossandra Street. The property is a search area for
additional well sites.
PLANNING COMMISSION MEETING MINUTES MAY 6, 1993 PAGE 4
Resolution 93 -04PC outlines the contingencies for the approval of
the Schematic and Preliminary P.U.O. plan for Cardinal Heights.
Resolution 93 -05PC outlines the contingencies for the approval of
the Preliminary Plat for Cardinal Heights.
Terri Pherson -15538 Fish Point Road, stated her neighborhood is
concerned on the traffic and wanted know what controls will be
used. She has no problem with the development concept.
Ron Ceminsky -5239 Brooks Circle SE, asked if there would be any
restrictive covenants and what would the timeframe of development
be.
Mike Novak Jr. -5535 Bounty St. SE, said restrictive covenants are
needed.
Alma Picha -5940 160th St., stated that she had 2.72 acres and
wants the sewer and water to her property.
Bill Schmokel -4151 Grainwood Circle, asked what the status of the
improvement of 160th Street. He has no problems with the
development, liked the tree planting concept, but is concerned on
the drainage for narrow lots.
Robert Mastons -16181 Fillmore Ave. SE, is impressed with the plan
but feels there should be covenants. Encouraged the building of
trails to link neighborhoods. Wanted assurance there would be
single family homes only and not multi - family.
A question from the floor was asked on street lighting, and
additional school children coming into the district. Bruce
Loney, Assistant City Engineer responded to the question on
lighting Bill Schmokel answered as spokeperson for the school
district and gave information on the financial assessment of
students.
Ron Ceminsky -5239 Brooks Circle SE, asked if there would be
cement or blacktop curb & gutter. Mr. Loney answered it would be
cement.
The public portion of the hearing was closed.
Commissioner Arnold liked the open space of the plan but was
concerned on the traffic flow of the neighborhood and on lots
that have roads on both sides. Mr. Packer stated that landscaping
would be done for these lots. Mr. Loney commented on the traffic
increase and upcoming street projects in 1994 and 1995.
Commissioner Greenfield felt that 70 foot lots are not wide
enough and there should be plans in place for road improvements
when a subdivision is brought in. Mr. Loney said County Road 44
is a county road and the city will work with them. Commissioner
Wuellner was concerned on lot sizes and can envision variances in
the future with the 5 foot setback. The subject site is a
PLANNING COMMISSION MEETING MINUTES MAY 6, 1993 PAGE 4
beautiful area and would encourage a trail system or sidewalks,
restrictive covenants and asked the status of Outlot F and was
informed it would be given to the City. Commissioner Loftus
talked on the explosive growth and the impact on schools,
traffic, emergency services, and Mrs. Picha's situation was
discussed.
At 10:20 P.M., Chairman Roseth called to order the 10 :00 P.M.
Public Hearing on the Agricultural Preserve Comprehensive Plan
Amendment and Zoning Code Amendment and placed this item on the
agenda after the conclusion of the Cardinal Heights Public
Hearing.
Ken Applebaum -1040 East 146th St. Burnsville explained that the
school district would be Prior Lake but the fire department would
be Savage. The people moving into the development would be
paying taxes to help support the schools and police services.
Prior Lake will expand as other communities are filled. Does
Prior Lake take the attitude of "we have ours, you go someplace
else" to new development. Mr. Applebaum commended Sienna
Corporation on their concept.
Commissioner Roseth voiced his concerns on the traffic and road
connections.-:: - Commission Greenfield suggested -an adjustment of
removing 4 lots to increase the lot width of other lots.
MOTION BY LOFTUS, SECOND BY GREENFIELD, TO CONTINUE THE PUBLIC
HEARINGS FOR REZONING, SCHEMATIC AND PRELIMINARY P.U.D. PLAN, AND
PRELIMINARY PLAT FOR CARDINAL HEIGHTS TO MAY 20, 1993, AT 8:30
P.M. TO FURTHER REVIEW AND ADD THE FOLLnWING CONTINGENCIES TO THE
LIST OF 1 -4 IN RESOLUTION 93 -05PC5
5. ADJUSTMENT TO LOT 25 -BLOCK 12, LOT 6 -BL40CK 13, LOT 10 -BLOCK
15, LOT 21, BLOCK 7, TO INCREASE LOT FRONTAGE.
6. DISCOURAGE THE FIVE (5) FOOT GARAGE SETBACK.
7. PROPOSAL FOR TRAFFIC PLAN AND ADJUSTMENT TO THE SPEED LIMIT
IN THE INTERIM.
8. WORK WITH STAFF TO DEVELOP A PLAN FOR SIDEWALKS AND TRAIL
SYSTEMS.
9. ESTABLISH BOULEVARDS PROPOSAL ON WIDTH, SIDEWALKS, TREES, AND
TRAIL SYSTEMS AND INTEGRATE INTO THE AGREEMENT.
10. SCREENING METHOD FOR LOTS 4, 5, 6, BLOCK 12.
Vote taken signified ayes by Loftus, Greenfield, Wuellner,
Roseth, and Arnold. NOTION CARRIED.
A recess was called at 10:42 P.M. The meeting was reconvened at
10:55 P.M.
PUBLIC HEARING - COMPREHENSIVE PLAN AMENDMENT AND ZONING CODE
AMEN DMENT TO ADD POLICIES REGARDI G AGRI L R
The Public Hearing was called to order at 10:56 P.M. The public
was in attendance and a sign -up sheet was circulated.
PLANNING COMMISSION MEETING MINUTES MAY 6, 1993 PAGE 5
Horst Graser presented the information as per memo of May 6,
1993. The City of Prior Lake was contacted by the Metropolitan
Council in January of 1993 and advised that the City's
Comprehensive Plan did not contain proper reference to
Agricultural Preserve policies nor were existing agricultural
Preserves indicated on the Land Use Map. The Metropolitan
Council Staff recommended that the City submit a minor
comprehensive plan amendment to correct the discrepancy.
Harold Bohlen -13380 Hickory Avenue, voiced his objections to the
amendments on the grounds it would give the City too many
restrictions for growth and felt it would stop development.
Consensus from the Commissioners were in favor of the
amendments.
MOTION BY ARNOLD, SECOND BY WUELLNER, TO APPROVE AN AMENDMENT TO
THE PRIOR LAKE COMPREHENSIVE PLAN TO ADD A POLICY STATEMENT AND
MAP CHANGES RELATIVE TO DESIGNATED AGRICULTURAL PRESERVE LANDS.
Vote taken eianified ayes by Arnold, Wuellner, Roseth, Loftus,
and Greenfield. MOTION CARRIED.
MOTION BYt ?'LOFTUS, SECOND- :BY'- MDELWERi -.-TO= APPROVE AN TO -
PRIOR LAKE CITY CODE AND ZONING ORDINANCE TO CHANGE AGRICULTURAL
PRESERVE REGULATIONS.
Vote taken signified ayes by Loftus, Wuellner, Greenfield,
Arnold, and Roseth. MOTION CARRIED.
MOTION BY WUELLNER, SECOND BY LOFTUS, TO ADJOURN THE PUBLIC
HEARINGS.
Vote taken signified Wuellner, Loftus, Arnold, Greenfield, and
Roseth. MOTION CARRIED. Public Hearing closed at 11:35 P.M.
ITEM 5 - OTHER BUSINESS
a) Review Wavelength- Establish calendar of meeting dates.
Jim Hayes, Associate Planner presented information on the
format and dates for neighborhood meetings. The first meeting
is scheduled for June 17, 1993 at 6:30 - 8:30 P.M. and will
be held regularly scheduled Planning Commission meeting
nights. Several neighborhoods will be on the agenda per
meeting on May 20 the format will be discussed on
conducting the neighborhood meetings.
The Commissioners were informed of a special workshop with the
City Council, Economic Development Committee, and the Planning
Commission on The Wilds on May 13, 1993, at 6:30 P.M.
b) Final Review of Realtor Workshop Recommendations - Commissioner
Greenfield.
PLANNING COMMISSION MEETING MINUTES MAY 6, 1993 PAGE 6
Commissioner reviewed his recommendations in his letter of
April 1, 1993, Exhibit E.
MOTION BY GREENFIELD, SECOND BY WUELLNER, TO ADOPT THE
RECOMMENDATIONS AS PRINTED AND TO FORWARD TO THE CITY COUNCIL.
Vote taken signified ayes by Greenfield, Wuellner, Roseth,
Arnold, and Loftus. MOTION CARRIED.
c) Discuss Revised Meeting Format- Commissioner Greenfield stated
Commissioner Wuellner is the presenter.
A discussion followed on various ways of conducting the
planning commission meetings and possible changing the
procedure to an informal atmosphere.
A discussion on tree replacement followed.
MOTION BY GREENFIELD, SECOND BY ARNOLD, TO DIRECT STAFF TO
RESEARCH AND PRESENT TO THE PLANNING COMMISSION FOR
RECOMMENDATION TO THE CITY COUNCIL FOR ADOPTION, A POSSIBLE TREE
REPLACEMENT AMENDMENT AS A PRESERVATION OF NATURAL AMENITIES.
vote taken signified ayes Greenfield, Arnold, Roseth, Wuellner,
and Loftus. -MOTION CARRIED.
NOTION BY ARNOLD, SECOND BY LOFTUS, TO AD.TO_ THE ME
Vote taken signified ayes by Arnold, Loftus, Roseth, Greenfield,
and Wuellner. MOTION CARRIED.
Neeting adjourned at 12:20 A.M. Tapes of the meeting on file at
City Hall.
Horst Graser Rita M. Schewe
Director of Meeting Recording Secretary
SUBJECT: CARDINAL HEIGHTS PUD, REZONING, AND PRELIMINARY
PLAT
APPLICANT: SIENNA CORPORATION
DATE: MAY 20, 1993
The Planning Commission continued the public hearings on the
above referenced subjects to allow the developer time to modify
the PUD and obtain answers to citizen generated questions based
on Planning Commission and audience comments.
Plat Modifications (see attached submittal) - Cul -de -sac L was
extended In o Outlot C, gaining two lots. The objective was to
eliminate an eyebrow style cul -de -sac.
Cul -de -sac G was added using a small portion of Outlot D. The
objective was to provide exposure to the proposed park land on
Markley Lake.
The open space southeast of the intersection of Streets E and F
is being platted as a lot.
A 60 foot exposure to outlot C is incorporated between Lots 11
and 12, Block 8, to accommodate a city trail.
The cul -de -sacs have been modified to reflect the City Engineer's
design requirements.
The site design has resulted in the following site data changes:
1. The total number of lots increased from 221 to 223.
2. The lots per gross acre increased from 1.55 units to
1.57 units.
3. The public open space decreased from 55.49 to 52.81
acres.
Other Issues - The general public that participated had mostly
posl� comments regarding the PUD. The following are responses
to specific issues and /or questions raised during the hearing.
HOW WILL THE DEVELOPMENT MAINTAIN PROPERTY VALUES? - A home
owners association w res ric lve covenants WILL help the
visual impression of the development by putting the homeowners in
an enforcement position for those nuisances not covered by City
Code.
ON THE NEIGHHORHOODZ TraLL1C On rISn 1'O1nr. HOaO WILL InurC600 ass
development n the area occurs. County Road 44 is scheduled to
be upgraded to a 4 lane arterial in 1993. The intersection of
Fish Point Road and County Road 44 will eventually be signaled
but not until warrants are met. If traffic on Fish Point Road
4629 Dakota St. S.E. Prior Lake, Minnesota 55372 / Ph. (612) 4474230 / Fax (612) 4474245
AN EQUAL oPPORnimTY EMPLOYER
north of the High Scnool results in deterioration of the
neighborhood then through- traffic may have to be restricted or
totally eliminated.
utilities to t e edge of the 5 acre exception. When
exception develops, utilities will be extended to the edge
Mrs. Picha's property.
Prior Lake's
should be expanded to also in
s, park entrances, and curves
designed o drain all water to the road may experience problems.
None of the narrower lots will have this design. For narrow
lots, the developer has proposed a grading plan allowing for
drainage to both the front and rear.
The transportation element of the current Comprehensive Plan is
outdated and of little help in finding solutions to traffic
issues. However, the County has recently adopted a new
transportation plan and Prior Lake has a draft of the plan. The
roadway system plan is attached for your review.
The draft plan recommends a major collector street connecting
County Road 44 and 21 via Cardinal Heights. The suggested
improvements include a parkway consisting of two IS foot lanes.
The County has included County Road 44 in its 1993 CIP for
improvement to a four lane facility. The existing traffic volume
on County Road 44 north of Cardinal Heights is 6500 vehicles per
day. The intersection of County road 44 and Fish Point Road will
be signalized once warrants are met.
�• °• —• ,iAOO ,mo 1 , mo
aao
seiw
1
W� ?
>r
r - - --
NOTE:
SRF
1993
I c.. MCQU AmftM IMM
W � w¢WdmeYYW1YYb
apYiq tl pnb NIr:CrYie.
�� CmYmTJLYwi�1M1
1W WIIMl�M•yY111/Wpb
QTR&* w '
ROADWAY SYSTEM PLAN
The proposed Thoroughfare Plan and Functional Classification System are shown in
Figure 7. A brief description of each classification, its compatibility with regional and
county functions and changes with respect to the current adopted plan is provided next.
DEVELOPMENT OF THE THOROUGHFARE PLAN
The Metropolitan Council requires that local comprehensive plans be consistent with
the regional Transportation Development Guide /Policy Plan. This includes recognizing
the inter - relationship between land use and transportation facilities. The Transportation
Plan is that element of the Comprehensive Plan of the City of Prior Lake which insures
that land use type and intensity is compatible with the proposed transportation system.
GUIDING PLANNING PRINCIPLES
The city developed the Prior Lake Thoroughfare Plan using the following guidelines or
planning principles:
1. The functional classification of the roadway system in Prior Lake should conform
to the criteria and characteristics summarized in Appendix B.
2. The plan should reflect vehicular travel demand at full development.
3. The full development level, as defined by the proposed Land Use Guide Plan,
should incorporate the limiting effects that the identified physical constraints
have on the attainment of the anticipated level of development.
4. Compatibility should be maintained between the roadway system in Prior Lake
and county and regional roadway systems.
S. In developing the plan, roadway segments and intersections that cannot
accommodate the anticipated vehicular travel demand should be identified.
FUNCTIONAL CLASSIFICATION SYSTEM
In the City of Prior Lake, the proposed functional classification system is as follows:
Principal Arterials
Minor Arterials
Major Collector Streets
Minor Collector Streets
Local Streets
13
Principal Arteri
Principal arterials are considered part of the metropolitan highway system. Their
function is to connect the metropolitan region with important locations outside of the
region and to interconnect the Central Business Districts (CBDs) and regional business
concentrations (RBCs). These roadways are designed for high speed movement with
high capacity and an emphasis on serving long trips. They are spaced from three to six
miles in the developing area.
Two roadways in the City of Prior Lake are proposed to be principal arterfafs. These
are:
1. C.S.A.H. 42 —From C.S.A.H. 21 to the east.
2. C. S.A.H. 21 —From C.S.A.H. 42 to the north.
The proposed designation of these roadways as principal arterials is consistent with the
Scott County Transportation Plan. In this plan, C.S.A.H. 42 is the primary connection
between northeastern Scott County and the Burnsville Center RBC. The principal
arterial designation extends as far west as the intersection with C.S.A.H. 21. From this
point northward, C.S.A H. 21 is also designated as a principal arterial. This roadway
will provide the most direct connection to the new Bloomington Ferry Bridge, and IN
the entire metropolitan highway system, from the City of Prior Lake.
Minor Arterials
Minor arterials are also designed to emphasize mobility over land access, serving to
connect cities with adjacent communities and the metropolitan highway system. Major
business concentrations and other important traffic generators are Iodated on minor
arterials. In the developing area, one to two mile spacing is considered sufficient.
Minor arterials in the City of Prior Lake can be organized into the following major
routes:
1. T.H. 13 —From the north city limits to the south city limits.
2. C.S.A.H. 21 —From the southeast corner of the City to the northern boundary.
3. C.S.A.H. 42 —From C.S.A.H. 21 to the west.
4. County Road 18 —to the north.
5. County Road 23 —To the south.
6. County Road 12 —To the west
7. County Road 17 —Along the western margin of the City.
S. County Road 82 —From County Road 21 to County Road 17.
9. County Road 83 —From C.S.A.H. 42 to County Road 82.
14
A system of major and minor collectors is suggested that would serve to connect
individual neighborhoods to the minor arterial system. In general, allowing for physical
constraints, the principal and minor arterials form a grid system within the City. Each
neighborhood thus defined is served by at least one collector. The designation of
collector streets is intended to focus traffic entering or leaving the neighborhoods onto
particular access points on the arterial system, and thereby promoting greater efficiency
on the higher capacity roadways.
Local Streets
Local streets are all those that are not classified as arterial or collector. These streets
are for access to ad'acent property and designed as low speed, low capacity facilities.
Long distance travel is purposefully directed away from these streets to the collector
and arterial system. Local streets primarily serve residential areas.
RECOMMENDATIONS
In order to create the proposed roadway system out of the existing system, the City will
have to encourage a series of capacity improvement projects between now and the
year 2010. Figure 8 illustrates the cross - section recommended to be in place by the
year 2010 for roadways in the City of Prior Lake. Many of these projects are on state or
county highways and therefore not under the complete control of the City.
Nevertheless, by identifying these projects, the City is establishing Its position n
regards to improvements on these roadways.
The following is a list of recommended projects by functional classification:
PRINCIPAL ARTERIAL
A. Construct new four -lane divided roadway
1. C.S.A.H. 21 — construct a new four -lane roadway as an extension of
existing C.S.A.H. 21 to connect to the Shakopee Bypass and the
new Bloomington Ferry Bridge.
B. Reconstruct to four -lane divided
1. C.S.A H. 42 —Scott County has already programmed the
improvement of this road west of Boone Avenue.
11. MINORARTERIALS
A. Upgrade to four -lane divided roadway
1. T.H. 13 — This roadway should be improved and access restricted to
select intersections from C.S.A.H. 42 to County Road 81.
is
2. County Road 21 - -North of County Road 82, the newly constructed
roadway should be four -lane divided. South of this point, current
forecasts indicate the need to reconstruct to a divided roadway,
however this requirement is not expected to occur for more than
10 years.
3. C.S.A.H. 42 — Eventually, the four -lane divided design will be
extended west from C.S.A.H. 21 to C.S.A.H. 17.
4. C.S.A.H. 18 —This roadway is currently programmed to be
upgraded to four -lane divided from C.S.A.H. 42 to the Shakopee
Bypass.
5. Coun Road 83 —This roadway has rapidly increased in traffic
since the construction of the Mystic Lake Casino. Reconstruction
to four -lane divided is recommended in the near -term.
B. Upgrade to four -lane undivided roadway
1 • T.H. 13 —South of County Road 81.
2. County Road 12 - -From T.H. 13 to Howard Lake Road.
3. County Road 21 —From Franklin Trail to the east city limits.
4. County Road 82 —From County Road 21 to County Road 17.
Ill. COLLECTORS
A. Upgrade to four -lane undivided
1. Coun Road 44-- From T.H. 13 to the east city limits.
B. Construct new two-lane divided parkway
1. Fish Point Road —From County Road 21 to County Road 44.
2. Carriage Hills Parkwa wFrom County Road 21 to C.S.A.H. 42
( opposite the existing County Road 18 intersection).
3. From Northwood Road, south of Arctic Circle, to County Road 82
(opposite existing intersection with County Road 83).
C. Construct new two-lane undivided roadway
1. From Pike Lake Trail to Boone Avenue, north of and parallel to
C.S.A.H. 42.
D. Upgrade existing two -lane roadway
1. Pike Lake Trait — From C.S.A.H. 42 to north city limits.
2. Northwood Road —From County Road 12 to South of Arctic Circle.
16
• _ C Q m
O
m
SRF CFTYOF uKE T6ANSPORTATION PLAN
RECOMMENDED ROADWAY SYSTEM FOR THE YEAR 2010
1993
�
m
O
m
SRF CFTYOF uKE T6ANSPORTATION PLAN
RECOMMENDED ROADWAY SYSTEM FOR THE YEAR 2010
1993
IV. TRAILS AND SIDEWALKS
An integral part of the transportation system in a City is pedestrian circulation,
consisting of both sidewalks and trails. There is a general relationship between the
roadway system and the trail/sidewalk system. The placement of trails and sidewalks
should be consistent with the following policies:
• Eight foot bituminous trails will be required along one side of minor arterials,
parkways and those major collector streets that are designated as trail corridors in
the Citys Trail Plan. A sidewalk will be provided on the other side.
• Sidewalks will be required along either side of major collector streets not designated
as trail corridors in the City's Trail Plan or not constructed as parkways. Sidewalks
will be eight feet wide in commercial areas and five feet wide in residential areas.
The location of proposed trails and sidewalks should be shown in a trail plan. As the
City grows, additional facilities may be required as the need arises, and the plan should
have the flexibility to incorporate these changes.
The following principles should be Incorporated into the development of the City's Trail
Plan.
Principle 1— Sidewalks Serve a Safety Function
The issue of providing sidewalks should be separate from the issue of providing trails.
The provision of sidewalks for intra - neighborhood circulation should be treated as a
safety issue and therefore is a function of volume. A standard should be established
that calls for the construction of a sidewalk when roadway volumes reach a specified
level, independent of the functional classification of a roadway. Homeowners should be
reminded through established city communications, such as a monthly newsletter, that
the roadway right- of-way includes part of their front yards and that under certain
circumstances, the City may elect to use that right -of -way for a sidewalk The City may
also elect to build sidewalks on minor collectors that are expected to reach a threshold
volume.
Principle 2— Trails Serve a Transportation Function
The issue of providing trails should be based upon the need for pedestrians and
bicyclists to travel from neighborhood to neighborh iod and to other critical destinations
within the City . The provision of trails to meet _ transportation objective should be
separated from the provsion of trails for a recreational objective. While transportation
tr ails may often be used for recreational purposes, their location and design should not
be dictated by the recreational component but rather by the transportation component
By the same token, providing transportation trails should not be confused wdh prowding
a system of recreational treits. In fact, a high qualcly recreational trail may be a
principle destination for which the transportation trail system is designed.
19
Principle 3-- Trails Should Connect Important Destinations
The following destinations should be accessible, 5y trail:
• Residential neighborhoods
• City parks
• Schools
• "Downtown" commercial district
• The proposed regional and county trails
The City should define neighborhoods as part of this study and treat these areas as
units. A trail doesn't need to be provided along a collector street within a neighborhood,
as long as the outlet of the neighborhood has a trail starting there or passing by. If
trails are provided through a neighborhood it is oecause other destinations are being
connected or a nearby minor arterial is being paralleled through the use of a collector
street.
Principle 4— Trails Should Occupy Their Own Right -of -Way, Where Feasible
Wherever feasible, a trail that follows the route of a minor arterial, particularly a high
density minor arterial, should not lie within the right -of -way of the roadway, but should
be situated so as to be shielded from being, taken over by future roadway expansion.
However, in recognition of the sensibilities of neighboring residents, careful
consideration should be given to the manner in which the trail interacts with abutting
properties. Running the trail along the rear lot line of a series of houses, with back
yards on both sides of the trail, has been found in other cities to be less than
acceptable to the residents Involved. The best course of action is to work with the
individual developer as parcels are platted for development to insure that trail segments
are provided in a manner that both insures the long term viability of the trail and
respects the privacy of neighboring residents. Where development already exists, trails
may have to be provided on the existing roadway right -of -way.
20