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Home My WebLink About7A Plat of Red Oaks 2nd AddSTAFF AGENDA REPORT AGENDA #: PREPARED BY: SUBJECT: DATE: INTRODUCTION: DISCUSSION: ALTERNATIVES: RECOMMENDATION: 7A HORST W. GRASER, DIRECTOR OF PLANNING RED OAKS SECOND ADDITION FEBRUARY 7, 1994 On December 20, 1993, the City Council conducted a public hearing to consider the preliminary plat of Red Oaks Second Addition. The Council moved to approve the preliminary plat subject to three (3) conditions. There was direction to Staff to research and develop facts and findings. The attached Resolution 94-09 is the result of Staff's research and will serve as the final action on the subdivision application. There were three conditions attached to the motion to approve the preliminary plat of Red Oaks. It is a mute point to deal with the first two if the third condition cannot be met. On February 2, 1994, I checked with Pat Lynch of the Department of Natural Resources, relative to the status of the northeast portion of the subject site. He stated that Mr. Huemoeller had not been successful in changing the hydrologic status of the area in question. 1. Approve Resolution 94-09 thereby denying the petition for preliminary plat approval for Red Oaks Second Addition. 2. Table the issue. Subject to Council discussion. 4629 Dakota St. S.E., Prior Lake, Minnesota 553.71~.-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY FJVlPLOYER RESOLUTION 94-09 RESOLUTION OF THE PRIOR LAKE CITY COUNCIL TO DENY THE PRELIMINARY PLAT APPLICATION OF MICHAEL BENEDICT FOR THE SUBDIVISION OF RED OAKS SECOND ADDITION. MOTION BY: SECONDED BY: WHEREAS, The Prior Lake City Council conducted a Public Hearing on the 20th day of December, 1993, at 8:00 P.M. in the City Council Chambers and provided an opportunity for anyone interested in this application to be heard; and WHEREAS, that notice of the public hearing on said petition has been duly published and posted in accordance with the applicable Minnesota Statutes; and WHEREAS, The City Council, after hearing testimony, moved to approve the Preliminary Plat proposal of Red Oaks Second Addition subject to three (3) contingencies being met; and WHEREAS, One of the contingencies required for approval was a determination that the northeasterly portion of the proposed plat not be part of the laloe bed of Prior Lake; and Pat Lynch, Area Hydrologist for the Department of Natural Resources, had previously determined that the northeasterly portion of the proposed plat was part of the lake bed of Prior Lake by letter dated December 14, 1993; and Mr. Lynch again conf'nvaed that the northeasterly portion of the proposed plat was part of the lake bed of Prior Lake at a meeting held in City Hall on December 27, 1993, and attended by Horst W. Graser, Planning Director;, Bryce Hoemueller, Attorney for the applicant; Ron Swanson, Surveyor for the applicant; Gina Mitchell, Associate Planner;, and Pat Lynch, Ar~ Hydrologist. WHEREAS, WHEREAS, NOW, THEREFORE, BE IT HEREBY RESOLVED, BY THE PRIOR LAKE CITY COUNCIL OF THE CITY OF PRIOR LAKE, MINNESOTA, THAT THE PRELIMINARY PLAT OF RED OAKS SECOND ADDITION IS HEREBY DENIED. Passed and adopted this 7th day of February, 1994. Yes No Andren Andren Scott Scott Greenfield Greenfield Schenck Schenck Kedrowski Kedrowski {Seal} Frank Boyles City Manage~ City of Prior Lake 4629 Dakota St. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER HUEMOELLER & BATES ATTORNEYS AT LAW 16670 FRANKLIN TRAIL POST OFFICE BOX 67 PRIOR LAKE, MINNESOTA 55372 JAMES D. BATES BRYCE O. HUEMOELLER February 4, 1994 Telephone (612) 447-213 I Telecopier (612) 447-5628 Frank Boyles City Manager City of Prior Lake 4629 Dakota Street Prior Lake, MN 55372 RE: Benedict Subdivision Application Preliminary Plat of Red Oaks Second Add'n Dear Mr. Boyles: I have now received the February 2 letter from Pat Lynch of the Minnesota DNR stating that the 1945 drawing furnished to him "does not convincingly demonstrate the separation of the main lake and the small bay located on Lot 47". I am aware that the City Council has on its agenda for February 7 a resolution to deny the application for the preliminary plat of Red Oaks Second Add'n. After receiving the February 2 letter, we have contacted Pat Lynch and have a meeting scheduled with him for Tuesday, February 8 to discuss the DNR position. We expect to also discuss the issue with Pat Lynch's supervisor, who he refers to in the February 2 letter. At the meetings, we expect to either convince the DNR that its position is in error or to establish a reasonable procedure for determining whether the pond was historically separate from Prior Lake. The procedure may consist of or include mediation, an arbitration or a hearing before an administrative law Judge. In any event, we believe that it is premature for the City Council to take final action on this application while the Applicant is taking reasonable efforts to obtain a full and com- plete hearing of its evidence. Frank Boyles February 4, 1994 Page 2 Accordingly, I request that the agenda item for this applica- tion be continued until March 7, 1994. · Huemoeller BDH:th cc: Michael Benedict PHONE NO. DSTATE OF EPARTMENT OF NATURAL RESOURCES METRO WATERS, 1200 Warner Road, St. Paul, MN 772-7910 February 2, 1994 Mr. Horst Graser City of Prior Lake 4629 Colorado Street S.E. Prior Lake, Minnesota 55372 RE: RED OAK SHORES SECOND ADDITION Dear Mr. Graser: As we discussed this afternoon, the DNR position relative to the location of the shore of Prior Lake within the Benedict property is consistent with that which I relayed to you in my December 14,1993 letter. I ~ave reviewed and discussed with my supervisor the surveyor's drawing from 1945 that was submitted'to me by James Bates, an attorney representing Mr. Benedict. Although I have found that the water surface elevation of Prior Lake was 904.75 (1912 datum) on the date of the sketch, the surveyor's drawing does not convincingly demonstrate the separation of the main lake and the small bay located on lot 47. The sketch provides no elevation data whatsoever. Because an area on the sketch indicates "water" in an area of lot-47, but not attached to the lake proper does not clearly demonstrate the areas were physically separated below the ordinary high water elevation. Lake/wetland vegetation may very likely have been present between the area the surveyor identified as "water" and the main lake. My point is, there need not be open water the entire reach between the lake proper and the lake area on lot 47 in order' for the two to be hydraulically connected at the ordinary high water elevation. I have not had'opportunity to formally respond to Mr. Bates' January 4, 1994 letter to me. I will attempt to make personal contact with him, and fax a copy of this letter to him concurrent to my transmittal to you. In the interest of sound shoreland management, I strongly encourage the city to proceed in accordance with the recommendations in my letter of December 14,1993. Please call me at 772-7910 if you have any questions. S'ncerely Area. Hydrologist c: Jim Bates, Huemoeller & Bates AN EQUAL OPPORTUNITY EMPLOYER PHONE NO. STATE OF EPARTMENT OF NATURAL RESOURCES Metro Waters, 1200 Warner Road, St. Paul, MN 55106 772-7910 F~LE NO. December 14, 1993 Mr. Horst Graser city of Prior Lake 4629 Dakota St. S.E. Prior Lake, MN 55372 RE: Preliminary Plat of Red Oak Shores Second Addition Dear Mr. Graser: I have reviewed the materials submitted to this office relative to the proposed subdivision of Red Oaks Second Addition by Mike Benedict. Based upon my review of the materials presented and review of topographic information Mr. Benedict provided the DNR as part of a permit application for dredging in 1974, I conclude now, as I did in 1991, that the lake bed of Prior Lake extends into the east portion of the subject property, appears it extended into the property below elevation 904' prior to sewer installation, and is subject to the 75' structure setback of Prior Lake. My recommendation is to deny the proposal as presented and consider allowing only two lots, including one where the existing structure is located. To answer the question posed to me regarding whether or not the area is lakebed or wetland, I contend it is both. There are several areas in Prior Lake below elevation 904' that are technically lakebed; but because of the nature of the bottom material, average depth, and frequency of inundation, exhibit more wetland characteristics than stereotypical ,'lake"qualities such as deep water, no vegetation, hard bottom, etc. Mud (Crystal) Bay is another good example. While it is hydraulically connected to the main lake below 904i, and regulated under the shoreland program, it is more of a type 5 wetland than lake, in ecological terms. When the final protected waters inventory was complete and published in 1987, and when shoreland zoning was adopted in Prior Lake, the area in question was hydraulically connected to the lake proper below 904'. I also checked, on microfiche, information regarding the sewer crossing back in the early 1970's. I was able to find a permit application submitted by the City of Prior Lake on April 18, 1974. AN EQUAL OPPORTUNITY EMPLOYER Mr. Horst Graser December 14, 1993 Page (2) · A profile of the proposed sewer alignment indicates a low point of 903.1' or 903.2' at the narrowest point of the existing channel to the small open water area of Prior Lake on Lot 47. This appears consistent with the topographic map Mr. Benedict supplied to the DNR on May 18, 1974 as part of his dredging proposal. In fact, the need for a permit to cross with sanitary sewer was due in part to the crossing at Lot 47. For determining lot size and setbacks, I contend the area located on Lot 47, lying below elevation 904' be identified as the bed of Prior Lake subject to shoreland zoning standards. I also consider it the bed of Prior Lake for DNR permitting purposes, as it was in 1974. Again, my recommendation is to deny the request as submitted. I see the potential for a maximum of two lots, not three, on the ground in question. I am available to attend any hearings on the matter if you wish. Please call me at 772-7910 if you have any questions. · ncerely, Patrick J. L~nc Area Hydrologist