HomeMy WebLinkAbout1993 November Planning Commission Agenda Packets11 93
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REGULAR PLANNING I
AGENDA
Thursday, November 18, 1993
7:30 p.m. Call meeting to order.
a) Review minutes of previous meeting.
Other Business
a) Discusss hardshipNariance application.
8:30 p.m. 1. Public Hearings - Amendment to Westbury Ponds Preliminary Plat
and Rezoning.
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.
Acr
4629 Dakota St. SE, Prior Lake, Minnesota 55372 / Ph. (612) 4474230 / Fax (612) 4474245
AN EQUAL OPPOafUMfY EMPIOM
PLANNING COMMISSION
MINUTES
October 21,1993
The October 21, 1993, Planning Commission Meeting was called to order by Chairman Arnold
at 7:30 P.M. Those present were Commissioners Roseth, Arnold, Loftus, Vonhof, Director of
Planning Horst Graser, Associate Planner Gina Mitchell, and Secretary Rita Schewe.
Commissioner Greenfield was absent.
a) REVIEW MINUTES 3F PREVILIUS MEETING
A correction to the minutes was made by Commissioner Arnold, on page two, paragraph seven,
the town of Lakeville should be changed to Prior Lake, in reference to the residence of
Commissioner Vonhof.
MOTION BY ROSETH, SECOND BY LOFCUS, TO APPROVE THE MINUTES AS
CORRECPED.
Vote taken signified ayes by Arnold, Roseth, Loftus, and Vonhof. MOTION CARRIED.
A welcome was extended to the new Commissioner, Thomas Vonhof.
ITEM I - PRIOR LAKE MINI- STORAGE VARIANCE
Norb Traxler, Attorney of New Prague, represented the applicant, Gary Thomas of 6701 Faricy
Lane, Prior Lake. Mr. Traxler stated his client has appeared before the Commission at an earlier
date on a request to waive all Subdivision Ordinance requirements in order to construct
additional mini- storage buildings. This request was withdrawn and a revised application is now
being submitted. The variances being requested are from Section 4-7 -2 of the Building Code and
5 -5 -10 of the Zoning Code.
The applicant is asking that the requirement for exterior materials be modified to allow metal
buildings and for a variance from the strict application of the landscape ordinance. There are
several metal buildings in the area which has established a precedent for continuing with metal
exterior finishes. Regarding the landscape, there is significant existing vegetation on the site.
The application is an expansion of an existing development that has unusual aspects which when
applied to the ordinance does impose a hardship on his client. Prior building action in the
neighborhood was presented as examplt;s. The applicant feels that the plan he is submitting
would meet the intent of the ordinance.
Horst Graser, Director of Planning, presented the information as per memo of October 21, 1993.
Two variances are requested for the subject site which are; (1) to waive Section 6.10 Screening
Landscape requirements of the Zoning Ordinance and (2) Section 4 -7 -2 Usable Materials of the
City Code in order to construct a metal building. A brief summary was given of the history of the
area. Mr. Graser stated, that white no one wishes to turn away business but there is a point of
where community benefits stop and liability begins. For the most, codes have been waived but
when it comes to utilities we do not waive, we postpone. This property can not become an island
unto itself with standards accumulated from variance applications. The applicant should be able
PLANNING COMMISSION
October 21,1993
Page I
to build a metal building and a variance could be granted for this request. The landscape
ordinance has just become law and a precedence would be set if the code is waived. The
ordinance does allow different versions of plantings and screenings that can be used. The code
was not waived for the occupant in the Waterfront Business Park which is just across the street or
the Holy Cross Church that was built on a site with the same characteristics as the subject site.
The rights of the applicant have been established as have the rights and obligations of the City.
Comments from the Commissioners were on; existing metal building appearances, Landscape
Ordinance defined, security, use of a landscape consultant, number of units and design of the
proposed building and the present structure, parking lot requirement, definition of outside
storage, removal of existing vegetation, future street improvements, building materials, lighting,
break -in potential, and applicant working with Staff to implement a landscape plan that would be
fair to all parties. A suggestion was made that this should be brought back to the Commission
when the future expansion of the outdoor storage is planned as there is specific requirements for
this use, such as fencing and blacktop surfaces.
Norb Traxler stated that the plan was done by a landscape architect and whatever landscaping
requirements that does apply for the site will be implemented.
Gary Thomas 6701 Faricy Lane, stated he has three buildings and wishes to construct the
additional units as needed. Outside storage is also part of his business and pointed out an area
that would be fenced for boats, trailers, etc. A new gate system that is planned to be installed was
shown. The NURP ponds are planned to to be built to the capacity necessary if the parcel were
fully developed.
Mr. Grater stated that a storm water management plan was received today by Larry Anderson,
the City Engineer, with the revision date of October 21, 1993. A definition of the landscape
planting was given as requested by the Commissioners.
MOTION BY LOFTUS. SECOND BY_, TO GRANT A FAVORABLE VARIANCE FROM
SECTION 4 -7 -2 CITY CODE TO PERMIT A METAL BUILDING WITHIN THE 1-2 LAND
INDUSTRIAL ZONE.
The motion died for lack of a second.
MOTION BY LOFTUS, SECOND BY ROSETH, TO APPROVE THE VARIANCE FROM
SECTION 4 -7 -2 TO ALLOW METAL BUILDINGS SUBJECT TO THE SEVEN AMENDED
CONDITIONS LISTED.
1. PAYMENT OF A $7,656.00 DEDICATION FEE
2. THE APPLICANT SUBMIT A LANDSCAPE PLAN THAT WILL CONFORM
IN A REASONABLE MANNER TO THE STANDARDS OF SECTION 6.10 OF
THE ZONING ORDINANCE AND MEET WITH STAFF TO DETERMINE
THE EXTENT OF COMPLIANCE, AND THE IRRIGATION REQUIREMENT
WILL BE WAIVED. AN EXTENDED GUARANTEE FOR PLANT
MATERIALS SHOULD BE PROVIDED FOR A PERIOD OF FIVE (5) YEARS
FROM THE DATE OF OCCUPANCY PERMrr ISSUANCE. APPROPRIATE
FINANCIAL GUARANTEES SHOULD ALSO BE PROVIDED.
3. A GRADING, EROSION, AND STORM WATER MANAGEMENT PLAN BE
SUBMITTED ACCEPTABLE TO THE CrrY ENGINEER.
(NOTE: THIS WAS RECEIVED AND ENTERED INTO THE RECORD ON
10/21/93).
PLANNING COMMISSION
Ocraber 21.1993
Paae 2
4. THE APPLICANT OBTA1 " AN EASEMENT FROM THE PROPERTY
OWNER (BANG) FOR EGRESS OVER THE EXISTING DRIVEWAY TO THE
SITE, A COPY OF WHICH IS TO BE SUBMITTED TO THE CITY.
5. ANY FtITIIRE DEVELOPMENT OF THE PROPERTY WILL REQUIRE
FORMAL SUBDIVISION AND PAYMENT OF APPROPRIATE FEES. THE
BUILDING PERMIT ISSUED FOR THIS APPLICATION SHALL
CONSTITUTE THE ONE UNDERLYING PERMIT AVAILABLE TO THIS
PARCEL OF RECORD.
6. NO EXTERIOR STORAGE SHALL BE PERMITTED OUTSIDE OF THE
MINI - STORAGE UNITS WITH THE EXCEPTION OF A SCREENED AND
ENCLOSED REFUSE CONTAINER.
7. THE ADDITION OF ON -SITE EMPLOYEE(S) WILL REQUIRE UPGRADE
OF THE FACILITY TO PROVIDE ON -SITE TOILET FACILITIES.
Vote taken signified ayes by Arnold, Roseth, Loftus, and Vonhof. MOTION CARRIED.
MOTION BY LOFTUS, SECOND BY ROSETH, TO DENY THE VARIANCE REQUEST
REGARDING SECTION 6.10 SCREENING (LANDSCAPE) REQUIREMENTS OF THE
ZONING ORDINANCE RATIONAL BEING THE VARIANCE DID NOT MEET HARDSHIP
AND THIS ISSUE HAS BEEN ADDRESSED IN THE PREVIOUS MOTION.
Vote taken signified ayes by Loftus, Roseth, Vonhof, and Arnold. MOTION CARRIED.
Mr. Traxler objected to the Park Dedication fee as a contingency. Mr. Graser stated the issue will
be forwarded to Mr. Kessel, the City Attorney. If the fee is legal in his opinion it will be left in
the motion, if not, it will be a mute issue and removed. Mr. Traxler agreed to this condition. The
Commission also agreed to the stipulation.
Discussion on the variance application format followed. As Commissioner Greenfield was not
present nor Ms. Garross, it will be brought to the Commissioners at a later date.
Comments were made on what direction to follow in the future on the subject area in question.
Possibly a special workshop or planning session could be scheduled.
A work program was suggested for sometime in December for the Commissioners to set goals
for the upcoming year and to formulate the agenda for the annual workshop.
MOTION BY LOFTUS, SECOND BY VONHUF, TO ADJOURN THE MEETING.
Vote taken signified ayes by Loftus, Arnold, Vonhof, and Roseth. MOTION CARRIED.
The meeting adjourned at 9:27 P.M. Tapes of the meeting are on file at City Hall.
Horst W. Graser
Director of Tanning
Rita M. Schewe
Recording Secretary
PLANNING CObOMSION
October 21.1993
Page 3
PRI ll6
PLANNING REPORT
SUBJECT: PUBLIC HEARING - REPLAT OF WESTBURY PONDS PRELIMINARY PLAT
APPLICANT: WESTBURY DEVELOPMENT COOPERATION AND THE CITY OF PRIOR LAKE
PRESENTER: HORST GRASER - DIRECTOR OF PLANNING
DATE: NOVEMBER 18, 1993
PUBLIC
HEARING: YES
Cu, •
Westbury Development Corporation, the City of Prior Lake and School District
719 have combined their efforts and agreed to a revised design of the
preliminary plat of Westbury Ponds. The proposed revised design will further
the objectives and be fiscally beneficial to the above- referenced
participants. Although Westbury Development Corporation (WBC) is the
applicant, the City of Prior Lake staff will be responsible for processing
the application (see attached application for reference) The application is
being processed in accordance with Section 6 -3 -2 of the Prior Lake
Subdivision Ordinance. It is anticipated that Westbury Development
Corporation. will seek final plat approval after the preliminary plat has been
revised.
In addition to the preliminary plat revision, the applicant is seeking a
rezoning from C -1 Conservation to R -1 Single Family Residential for 1.235
acres of school district property. The school district will deed this
acreage to Westbury Development Corporation which, in turn, will deed the
same acreage exception, on the preliminary plat, to the school district.
This land exchange is critical to improving the efficiency of the plat and
to maintain the 20 acre, mandatory minimum school site.
The Planning Commission approved the preliminary plat of Westbury Ponds on
3 -4 -93 and the City Council on 5- 17 -93. (Attached please find Council
Resolution 93 -34 and the approved preliminary plat of Westbury ponds. The
planting plan document was also included since the preliminary plat is more
legible.)
During the platting process, staff became aware of the benefits of a
redesigned preliminary plat. The idea was discussed with Dr. Sonnabend and
Bill Schmokel (School Board) who both thought the idea should be pursued.
Unfortunately, the developer was too far along in the platting process and
did not want to be delayed to incorporate a new design. To keep the idea
alive and on record, School District 719, the City of Prior Lake and WDC
entered into a letter of understanding dated April 1, 1993 (attached). The
design alternative was presented and discussed at both the Planning
Commission and Council hearings.
4629 Dakota St. S.E., Prior Cake, tw mesota 55372 / Ph. (612) 4474230 / Fax (612) 4474245
AN EQUAL OPPORIUWrY EMPLOYER
GENERAL DIS 1R TON
The site data for the existing and proposed plate is identical, only the
design, legal description and park dedication have changed. The current
dedication is 2.7 acres of park versus 4.72 acres in the proposed plat. The
area and densitv remains the same.
The desig,. is also more respectful of future residents living in block 6.
Willow Wood Street was moved 30 feet to the north, allowing for a greater
setback from STH 13 and stacking distance to the intersection of Five Hawks
Ave. and STH 13. The park will have less exposure to Simpkins Avenue,
however, it is a greater land mass and acceptable to the park director.
As per city requirement, sidewalks will be installed the entire length of
Willow Wood Street and on Simpkins Avenue from Willow Wood to the northern
property line of the park. A sidewalk was required within the plat of West
Edge Estates which is to connect to the sidewalk in Willow Wood Street.
However, the current preliminary plat does not require sidewalk in Simpkins
Circle, which would produce a gap in the system. The grading plan (attached)
does indicate a sidewalk in Simpkins Circle at the request of the City, but
the developer has stated he will not pay for it. Under the circumstances,
either the City or School District should pay for this section.
Due to circumstances beyond the control of staff, the plat documents were
delivered to City Hall only Monday afternoon. This short review period my
have inconvenienced those agencies and people responsible for review. The
Planning Commission may consider continuing these hearings if circumstances
demand it.
Continue the plat and rezoning to a date certain.
Deny the plat and rezoning request.
Approve the preliminary plat of First Addition to Westbury Ponds
subject to=
a. The requirements of the City Engineer relative to the design for
sanitary sewer, water, storm sewer and grading.
b. The City of Prior Lake pay for the sidewalk in Simpkins Circle.
Approve the rezoning of 1.235 acres.
Attached please find Resolution 93 -13PC approving the preliminary plat and
ordinance number 93 -29, emending the zoning map.
M PRJ O �
T
P
•mums-
RESOLUTION 93 -13PC
RESOLUTION OF THE PRIOR LAKE PLANNING COMMISSION TO APPROVE THE
PRELIMINARY PLAT OF THE FIRST ADDITION TO WESTBURY PONDS.
MOTION BY:
SECOND BY:
WHEREAS,
the Prior Lake Planning Commission conducted a Public Hearing on the
18th day of November 1993, to consider a petition submitted by Jim Allen
of Westbury Development Corporation, to approve the preliminary plat of
the First t Addition to Westbury Ponds; and
WHEREAS,
notice of the hearing on said motion has been duly published and posted in
accordance with the applicable Minnesota Statutes; and
WHEREAS,
the preliminary plat is consistent with the Comprehensive Plan; and City
Council Resolution 93 -34; and
WHEREAS,
the preliminary plat will result in a design that benefits School District
719, the City of Prior Lake and Westbury Development Corporation; and
WHEREAS,
the preliminary plat is consistent with the requirements of the Zoning and
Subdivision Ordinances of Prior Lake.
NOW, THEREFORE, BE IT RESOLVED BY THE PRIOR LAKE PLANNING COMMISSION
AS FOLLOWS THAT IT RECOMMENDS APPROVAL OF THE PRELIMINARY PLAT OF
THE FIRST ADDITION TO WESTBURY PONDS, SUBJECT TO:
1. The requirement of the City Engineer relative to the design for sanitary sewer,
water, storm sewer and grading.
2. The City of Prior Lake pay for the sidewalk in Simpkins Circle.
Passed and adopted this 18th day of November, 1993.
4629 Dakota St. S.E., Prior lake, Minnesota 55372 / Ph. (612) 4474230 / Fax (612) 4474245
AN Fount.
l
YES NO
Roseth
_ Roseth _
Arnold
_ Arnold _
Loftus
_ Loftus
Greenfield
_ Greenfield
Hursi v✓. Grser,
Director of Planning
�3,
CITY OF PRIOR LAKE
ORDINANCE NO. 93-29
AN ORDINANCE AMENDING PRIOR LAKE CITY CODE SECTION S-2.1 AND °RIOR LAKE ZONING
ORDINANCE NO. 93-6 SECTION 2.1.
The Council of the City of Prior Lake does hereby ordain:
The Prior Lake Zoning Map, retuned to in Prior Lake City Code Section 5 -2 -1 and Prior Lake Zoning Ordinance
No. 83-6 Section 2.1, is hereby amended to change the coming classifications of the fo8Lwing legally described
property from C -1, Conservation to R -i, uhban Residential.
LEGAL DESCRIPTION:
That pan of the Southwest Quarter of Section 2, Township 114, Range 22, Scott County, Minnesota
described as follows:
Commencing at the southwest comer of said Southwest Quarter, thence on an assumed bearing of North 01
degree 06 minutes 07 seconds East along the weal line of said Southwest Quarter a distance of 990.50 feet;
thence South 88 degrees 53 minutes 53 seconds East a distance of 465.78 feet to the point of beginning of
the land to be described; thence continuing South 88 degrees 53 minutes 53 seco But a distance of
485.01 feet; thence North 00 degrees 49 minutes 12 seconds East a distance of 165.00 feet; thence South 87
degrees 27 minutes 27 seconds West a distance of 98.81 feet; thence South 80 degrees 15 minutes 37
seconds West a distance of 99.44 feet; thence South 73 degrees 02 minutes 29 seconds West a distance of
99A4 feet; thence South 65 degrees 49 minutes 20 seconds West a distance of 99A4 feet thence South 58
degrees 42 minutes 08 seconds West a distance of 97.10 feet thence South 56 degrees 43 minutes 30
seconds West a distance of 26.02 feet to dre point of beginning.
Containing 1.235 awes.
This ordinance shag became effective from and after its passage and publication.
Passed by the City Council of the City of Prior Labe this _ day of _� 1993.
ATTEST.
City Manager.
Mayes
To be published to the Prbr Labe American on the _ day d . 1993.
Drafted By:
Lommen, Nelson, Cole & Stageberg. P.A.
1800 IDS Center
Minneapolis, Minnesota 55402
SU 97 -14
APPLICATION FOR THE SUBDMSION OF LAND 25- 902 -102 -0
WITHIN THE CITY OF PRIOR LAKE
Property Owner: Westbury Development Coro Pho 894 -1888
Address: 12433 Princeton Avenue South. Savage. MN 55378
Subdivider: Jim Allen Tom Kearney Phone 894 -1888
Address: Jim Allen, 4818 McCall Drive, Savage, MN 55378
Agent: N/A Pho Same
Address: N/A
Name of Surveyor: Ron Swanson Phone 447 -2570
Name of Engineer: Steve Harvey Phone 832 -9475
Legal Description Of Property: See attached Legal Descriptions
Property Idenification Number (PID):
Present 7Aning:R - Urban Resident P Acxeyge: 28.7 Acres
Deed Restrictions: No Yes If so, please attach.
Has the Applicant previously sought to plat, rezone, obtain a variance or
conditional use permit on the subject site or amp part of it: .
No y _ IL What was requested: Subdivia ng of Westbury Ponds
Wh en: 8 -16 -93
I have read the Prior Lake Subdivision Ordinance and agree to provide the
inf fmation and do the work in accordance with the provisions of the ordinance.
—/� / d 9
icants Signature om Kearney Date
Same -
Owners Signature Date
THIS SBCPION TO BE FIIJM IN BY 711E PLR M G DIFMM
1 a F
Signature of the Planning Director
I11 •.. . ,. ]. ITl it . :.. :I: ,I
L V 4 SO
That part of the Southwest Quarter of Section 2, Township 114, Range 22, Scott County, Minnesota
described as follows:
Commencing at the southwest corner of said Southwest Quarter; thence on an assumed bearing of North 01
degree 06 minutes 07 seconds East along the west line of said Southwest Ouarter a distance of 990.50 feet;
thence South 88 degrees 53 minutes 53 seconds East a distance of 465.78 feet to the point of beginning of
the land to be described; thence continuing South 88 degrees 53 minutes 53 seconds East a distance of
485.01 feet; thence North 00 degrees 49 minutes 12 seconds East a distance of 165.00 feet; thence South.
87 degrees 27 minutes 27 seconds West a distance of 98.81 feet thence South 80 degrees 15 minutes 37
seconds West a distance of 99.44 feet; thence South 73 degrees 02 minutes 29 seconds West a distance of
99.44 feet; thence South 65 degrees 49 minutes 20 seconds West a distance of 99.44 feet; thence South 58
degrees 42 minutes 08 seconds West a distance of 97.10 feet; thence South 56 degrees 43 minutes 30
seconds West a distance of 26.02 feet to the point of beginning.
AND
Outlot B. Westbury Ponds, except for that part of Outlot B Westbury Ponds, Scott County, Minnesota described as
follows:
Commencing at the southwest corner of the Southwest Quarter of Sect,on 2, Township 114, Range 22, Scott
County, Minnesota; thence on an assumed bearing of North 01 degree 06 minutes 07 seconds East along
the west line of said Southwest Quarter a distance of 990.50 feet; thence South Be degrees 53 minutes 53
seconds East a distance of 52.44 feet to the point of beginning of the land to be described; thence
continuing South 88 degrees 53 minutes 63 seconds East a distance of 98.34 feet to the east line of said
Outlet B; thence North 01 degree 06 minutes 07 seconds East along the east Ina of said Outlet B. a
distance of 552.00 feet to the north line of said Outlet B; thence South 85 degrees 21 minutes 00 seconds
West along said north line a distance of 98.84 feet to its intersection with a line drawn North 01 degree 06
minutes 07 seconds East from the point of beginning; thence South 01 degree 06 minutes 07 seconds West
a distance of 542.09 feet to the point of beginning.
PM# 25 -902 - 10 2 -0 - --
CITY OF PRIOR LAKE 1 �—
APPLICATION FOR REZON1W,
,pplicant:_. Prio Lake - Savage School District 719, Dr. Les Sonnabend _
F•ridress• 5300 West Wood Drive S.E., PO Box 539, Prior Lake MN' 55372
Ho^�e Phone: Work Phone: ':447 -2185
Picix -rLy er:_ Dr. Le Sonnabend _Phone; 1 7: i85
Address: Superintendent of Schools
Consultant-
Address: Phone°
Location of proposed rezoning: See attached Legal DesdriD
Present Zoning: C -1, Conservation Prop ZOaing: ' `R -1, Urban - Residen
Property Acreage Existing use
to be rezoned:_ 1.235 acres of Propertys Scholl District'Grounds>
Intended use(s) of property: Si ngle Family Homes
r - p.: .,ct. The Schr District needs additional la to build additional
Deed Restrictions: X 4b Yes If so, please attach.
Has the Applicant previously sought to plat, rezone, obtain a variance oz
use permit on the subject site or, any part of it R
reaupsted: N/A
SUBMISSION RHQUIRENEalfS (A)Comple
6 Property Identification Maibe
necessary. (E)Fifteen copies of a
showing existing and propbsed.st
site and within three hundred (3
pertinent. (G)Certified "from' a
owners within 300 feet of the 'e
property,
ONLY COMPLETE APPLICATIONS WILL BE
To the best of my knowledg�'the`n
addition, I have read 9
requirements for refining pFOCectat
Fee Ow
PLANNING O)MMISSION
CITY COUNCIL
OONDITIONSa r
Signature of the PI
That pan of the Southwest Quarter of Section 2, Township 114, Range 22, Scott County,
Minnesota described as follows:
Commencing at the southwest comer of said Southwest Quarter; thence on an assumed bearing
of North 01 degree 06 minutes 07 seconds East along the west line of said Southwest Quarter a
distance of 990.50 feet; thence South 88 degrees 53 minutes 53 seconds East a distance of
465.78 feel to the point of beginning of the land to be described; thence continuing South 88
degrees 53 minutes 53 seconds East a distance of 485.01 feet; thence North 00 degrees 49
minutes 12 seconds East a distance of 165.00 feet; thence South 87 degrees 27 minutes 27
seconds West a distance of 98.81 feet; thence South 80 degrees 15 minutes 37 seconds West a
distance of 99.44 feet; thence South 73 degrees 02 minutes 29 seconds West a distance of 99.44
feet; thence South 65 degrees 49 minutes 20 seconds West a distance of 99.44 feet; thence
South 58 degrees 42 minutes 08 seconds West a distance of 97.10 feet; thence South 56
degrees 43 minutes 30 seconds West a distance of 26.02 feet to the point of beginning.
Containing 1.235 acres.
WESTBURY
PONDS
AArj
RD 4 0
)R !01 In
mr �.
SCHOOL AISE h Ctry OF
k,
FIVE HAWKS
ELEMENTARY SCHOOL
w1h0wA
PROPOSED REZONM OF _
1-235 ACRES FROM C-1 TO R•1
IT
CITY OF PRIOR LAKE
NOTICE OF REZONING PUBLIC HEARING
Ycu are hereby notified that the Planning Commission will hold a public hearing in the City Council
Criambers located at City Hall, 4625 Dakota Street S.E. on.
DATE:November 18, 1993 TIME: 8:30 p.m.
The purpose of this public hearing is to consider the rezoning of the following legally described property
from C -1 Conservation to R -1 single family residential.
That part of the Southwest Quarter of Section 2, Township 114, Range 22, Scott County,
Minnesota described as follows:
Commencing at the southwest comer of said Southwest Quarter; thence on an assumed bearing
of North 01 degree 06 minutes 07 seconds East along the west line of said Southwest Quarter a
distance of 990.50 feet; thence South 88 degrees 53 minutes 53 seconds East a distance of
465.78 feet to the point of beginning of the land to be described; thence continuing South 88
degrees 53 minutes 53 seconds East a distance of 485.01 feet; thence North 00 degrees 49
minutes 12 seconds East a distance of 165.00 feet; thence South 87 degrees 27 minutes 27
seconds West a distance of 98.81 feet; thence South 80 degrees 15 minutes 37 seconds West a
distance of 99.44 feet; thence South 73 degrees 02 minutes 29 seconds West a distance of 99.44
feet; thence South 65 degrees 49 minutes 20 seconds West a distance of 99.44 feet; thence
South 58 degrees 42 minutes 08 seconds West a distance of 97.10 feet; thence South 56
degrees 43 minutes 30 seconds West a distance of 26.02 feet to the point of beginning.
Containing 1.235 acres.
Or more commonly described as 1.235 acres of vacant land lying adjacent to and west of Five Hawks
Avenue and approximately 300 feet north of the intersection of Five Hawks Avenue and State Trunk
Highway 13.
If you are interested in this issue, you should attend this hearing. The Planning Commission will accept
oral and/or written comments. Questions related to this hearing should be directed to the Prior Lake
Planning Department by calling 447 -4230 between the hours of 8:00 a.m. and 4:30 p.m., Monday through
Friday.
Prior Lake Planning Commission
To be published In the Prior Lake American on the23rd and 30th day of October, 1993
4629 Dakota St. S.E., Prior lake, Minnesota 55372 / Ph. (612) 4474230 / fax (612) 4474245
M EQUAL OPPOHTUMTY EMPLOYER
CITY OF PRIOR LAKE
NOTICE OF PUBLIC HEARING TO CONSIDER AN AMENDMENT TO THE
PRELIMINARY PLAT OF WESTBURY PONDS
You ate hereby notified that the Planning Commission will hold a public hearing in the City Council Chambers located
at City Hall, 4629 Dakota Street SP. one
DATE:November 18, 1993 TIME: 8:30 p.m.
The purpose of this public hearing is to consider an amendment to the approved single family preliminary plat of
Westbury nce�s a ^A ! ".e subtllvc.an of 1.23 aces of whic" v.os previously unsubdi,ded a d or ... ., d by School
District 719 - tie proposal i,ulves a receogn of the road sysler and park land out writ not ineraase: cars'.
The legal description of the preliminary plat to be amended and school district she to be subdivided is as follows:
That pan of the Southwest Quarter of Section 2, Township 114, Range 22, Scrod County, Minnesota
described as follows:
Commencing at the southwest corner of said Southwest Quarter; thence on an assumed bearing of North 01
degree 06 minutes 07 seconds East along the west line of said Southwest Quarter a distance of 990.50 feet;
thence South 88 degrees 53 minutes 53 seconds East a distance of 465.78 feet to the point of beginning of
the land to be described; thence continuing South 88 degrees 53 minutes 53 seconds East a distance of
485.01 feet; thence North 00 degrees 49 minutes 12 seconds East a distance of 165.00 feet; thence South
87 degrees 27 minutes 27 seconds West a distance of 98.81 feel; thence South 80 degrees IS minutes 37
seconds West a distance of 99.44 feet; thence South 73 degrees 02 minutes 29 secc rds West a distance of
99.44 feel; thence South 65 degrees 49 minutes 20 seconds West a distance of 99.44 feet; thence South 58
degrees 42 minutes 08 seconds West a distance of 97.10 foot; thence South 56 degrees 43 minutes 30
seconds West a distance of 26.02 feet to the point of beginning.
AND
Outlot B, Westbury Ponds, except for that pan of Outot B Westbury Ponds, Scon County, Minnesota described as
follows:
Commencing at the southwest corner of the Southwest Quarter of Section 2, Township 114, Range 22, Seen
County, Minnesota; thence on an assumed bearing of North 01 degree 06 minutes 07 seconds East along
the west line of said Southwest Quarter a distance of 990.50 feet; thence South 88 degrees 53 minutes 53
seconds East a distance of 52.44 feet to the point of beginning of the land to be described; thence
continuing South 88 degrees 53 minutes 63 seconds East a distance of 98.34 feet to the east fine of said
Deficit E: thence North 01 degree 06 minutes 07 seconds East along the east Ana of said Oubl B, a
distance of 552.00 feet to the north line of said Outlot B; thence South 85 degrees 21 minutes 00 seconds
West along said north line a distance of 98.84 feet to its intersection with a line drawn North 01 degree 06
minutes 07 seconds East from the point of beginning; thence South 01 degree 06 minutes 07 seconds West
a distance of 542.09 feet to the point of beginning.
Or more commonly described as 28.7 acres of vacant land located north of State Trunk Highway 13, south and
southwest of Five Hawks Elementary School and west of Five Hawks Avenue.
If you are interested in this issue, you should attend this hearing. The Planning Commission will accept oral and /or
written comments. Questions related to this hearing should be directed to the Prior Lake Planning Department by
calling 4474230 between the hours of 8:00 am. and 430 p.m., Monday through Friday.
Prior Lake Planning Commission
To be published in the Prior Lake American on the23rd and 30th day of October, 1993.
4629 Dakota St. S.E., Prior Lake, Minnesota 55372 / Ph. (612) 4474230 / Fax (612) 4474245
AN EQUAL OPPORTUNIT!' Q4PLIJYER
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WESTBURY
PONDS
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WESTBURY PONDS
"RS9334"
RESOLUTION 93 -34
RESOLUTION OF THE PRIOR LAKE CITY COUNCIL ESTABLISHING FINDINGS
OF FACT AND CONDITIONS TO APPROVAL OF THE PRELIMINARY PLAT OF
WESTBURY PONDS.
MOTION BY WHITE SECONDED BY KEDROWSKI
WHEREAS, the Prior Lake Planning Commission conducted a Public
Hearing on the 4th day of March 1993, to discuss and to
act on an application submitted by Westbury Development
Corporation for a Preliminary Plat in accordance with
Section 6 -3 -2 of the Prior Lake Subdivision Ordinance.
WHEREAS, notice of the hearing on said motion had been duly
published and posted in accordance with the applicable
Minnesota Statutes and an opportunity was provided for
all interested parties to comment and be heard; and
WHEREAS, the Planning Commission determined the proposed plat to
be consistent with the Comprehensive Plan and has
recommended approval of the Preliminary Plat subject to
the following conditions:
1. The sanitary sewer, watermain, and street plans
must be subject to the approval of the City
Engineer.
2. The stormwater management, storm water, grading,
and erosion control plans must be subject to the
approval of the City Engineer.
3. Appropriate drainage and utility easements be
provided acceptable to the City Engineer.
4. Additional recommendations in the memo from the
City Engineer.
and;
4629 Dakota St. SE, Prior Lake, Minnesota 55372 / Ph. (612) 4474230 / Fax (612) 4474245
AN EQUAL OPPORTUNRV EMPLOYER
WHEREAS, the Planning Commission granted block length variances
Block 6 for 415 feet, Block 1 for 371 feet, and Block 7
for 30 feet.
NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF PRIOR LAKE TO
APPROVE THE PRELIMINARY PLAT OF WESTBURY PONDS SUBJECT TO THE
FOLLOWING CONDITIONS:
1. The three eyebrow cul -de -sacs be redesigned to include a
center island or eliminated.
2. The City of Prior Lake, Developer, and School District
719, have signed a letter of understanding which sets
forth an alternative development plan for the easterly
half of the plat. All parties understand that a replat
will be necessary to implement the alternative
development plan.
Passed and adopted this 17th day of May , 1993.
YES
Andren
X
Fitzgerald
X
Kedrowski
X
Scott
X
White
X
(Seal)
Andren
Fitzgerald
Kedrowski
Scott
White
NO
ake
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April 1, 1993
Prior Lake School District 719
City of Prior Lake
Jim Allen
Tom Kearney
TO WHOM IT MAY CONCERN:
This letter will document the understanding reached on a staff
level between the City of Prior Lake, Jim Allen and Tom Kearney
(the Developers) and Prior Lake School District 719 with respect
to the proposed plat of Westbury Pond.
The proposed plat of Westbury Pond is currently being platted by
the Owners /Developers Jim Allen and Tom Kearney, into single
family residential lots. Both the City of Prior Lake and School
District 719, based on their objectives, have reached an
agreement with Jim Allen and Tom Kearney.
The objective of School District 719 is to acquire in fee simple
title through land dedication, five (5) additional acres of land
to be added to their existing Five Hawks site to provide the
opportunity to construct a second school on the Five Hawks site.
The objective of the City of Prior Lake is to establish a
neighborhood park serving the residents of the neighborhood with
park improvements that include two (2) to four (4) softball
fields, sliding and climbing apparatus, and other improvements as
may be appropriate for a neighborhood park. The objective of the
developer is not to lose any lots, incur only minimal expenses as
a result of any reduction of the subdivision, and the development
would not be delayed.
The City of Prior Lake, School District 719, and the Developer
have resolved as follows:
1. All parties have agreed to a revised design of the
subdivision 4March 2, 1993- attached), which is consistent
with the objectives of the City of Prior Lake, School
District 719, and the Developer.
2. The revised design of the subdivision will dedicate open
space to be utilized by the City of Prior Lake and School
District 719 as may be appropriate.
3. School District 719 will convey to the Developer about 1.3
acres of school district property located in the southeast
corner of the Five Hawks site to be incorporated in the
revised design of the subdivision.
4. To allow the Developer to proceed with the platting process
of the original design to avoid delays.
4629 Dakota St. SE, Prior Lake, Minnesota 55572 / Ph. (612) 447 -0230 / Fax(612)4474245
AN EQUAL OPPORrUMTY a WLOYER
'Z'e amend the preliminary plat at a later date incorporating
the revised design. The revisions will not interfere with
the first phase final plat or improvements.
The cost of revising the preliminary plat will be the
responsibility of School District 719 with an estimated cost
between $1000.00 to $:3000.00.
The City of Prior Lake and School District 719 will enter
into a joint powers agreement for use, improvement, and
maintenance of the property, the size and dimension of which
are yet to be determined.
The City of Prior Lake and School District 719 will
coordinate the grading and balance of fill between Westbury
Ponds and school District 719 property where ever possible
and practical. It is also the objective of the developer to
propose grades that would eliminate the need for retaining
walls.
ement is conditional upon the approval of the
ve bodice�s of the City of Prior Lake and independent
Mtrict 719.
CITY OF
for the
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I13' EPENDENT SCHOOL DISTRICT
719
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F - � P OR d.AeTS' PLANNING C0�88ION
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NOTICE OF CANCELLED T4EE'fING
You e hereby natifled that the Prior Lake PlsnninH commission vnil no
ar t
The eting has b= to lack of agenda i 4. 19b3.
The following Items are tentatively scheduled far November 18. 1993:
Public Hearing - Sign Ordinance Amendment
Public Hearing - Rezoning and Amendment to Westbury Panda
Preliminary Plat
Discuss Hardship /varames Application
if any questions regarding Nia notice please contact Horst Gross, Director of
Plamnng, at 447-4230 during the hours of 8:00 a.m. and 4:30 p.m., Monday
throngb Friday.
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