HomeMy WebLinkAbout10A - Sterling South 2nd
CITY COUNCIL AGENDA REPORT
16200 Eagle Creek Avenue S.E.
Prior Lake, MN 55372-1714
MEETING DATE:
AGENDA #:
PREPARED BY:
APRIL 5, 2004
lOA
JANE KANSIER, PLANNING COORDINATOR
AGENDA ITEM:
CONSIDER APPROVAL OF A RESOLUTION AMENDING
THE WILDS PLANNED UNIT DEVELOPMENT PLAN AND
APPROVAL OF A RESOLUTION APPROVING A
PRELIMINARY PLAT TO BE KNOWN AS STERLING SOUTH
2ND ADDITION
DISCUSSION:
Introduction: Shamrock Development has applied for approval of a
development to be known as Sterling South 2nd Addition on the
property located immediately west of Sterling South at The Wilds, east
of CSAH 83 and north of Oakes Lane. The application includes the
following requests:
The agenda report covers the following three requests:
· Approve an amendment to The Wilds Planned Unit Development
Plan;
· Approve a Preliminary Plat.
Current Circumstances: The Planning Commission held a public
hearing to consider this proposal on March 8, 2004. The Planning
Commission recommended approval of this request. The minutes of
the March 8, 2004 Planning Commission meeting are attached to this
report.
Total Site Area: The total site consists of25.37 acres. The net area
of this site, less wetlands, is 18.15 acres.
Vej!etation: There is a stand of significant trees (Red Cedars) located
at the northwest comer of the site, north and west of the wetland.
There are other trees located around the wetland; the tree inventory
identifies these trees as Elms, Box Elders and Willows, which are not
considered significant under the City Zoning Ordinance. The project
is subject to the Tree Preservation requirements of the Zoning
Ordinance.
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Phone 952.447.4230 / Fax 952.447.4245
Wetlands: There is a 7.22 acre wetland located on the northwest
comer of the site. This plan proposes to fill 14,508 square feet of this
wetland for roads and utilities. This fill would be mitigated on site.
The Wetland Replacement Plan must be approved by the City Council
prior to any grading on the site.
Access: Access to the site is from Wilds Lane, a private street, on the
east side of the site and Oakes Lane on the south side of the property.
The access at Oakes Lane is a right-in/right-out only, with a median in
Oakes Lane to prevent left turns into the site.
Zooioe: The site is currently zoned PUD 9-93 (The Wilds Planned
Unit Development). The approved PUD plan identifies this area as the
site of rental cabins.
Shorelaod: This property is also located within the Shoreland District
for Mystic Lake, a natural environment lake. As such, the property is
subject to the Shoreland PUD requirements listed in Section 1104 of
the Zoning Ordinance.
Lots: The preliminary plat consists of 22 lots for detached single
family units, 1 lot for the common open space, and 1 outlot. Outlot A
is an extension of the 12th hole of the golf course.
Streets: This plan proposes no new public streets. The plan does
propose 2 new private streets. The first is an extension of Wilds Lane
approximately 350' to the west where is intersects with Street A. This
extension provides access to 11 units.
Street A extends north and south, approximately 700' from Oakes
Lane to the north side of the site. As noted above, the access at Oakes
Lane is designed as a right-tum-inlright-turn-out only entrance. Street
A provides access to 11 units.
The proposed private streets are designed with a 24' wide surface. The
setbacks from the curb to the street will accommodate the required
easements. The streets are presently proposed as easements on the
plat. The private streets must be platted as outlots.
SidewalkslTrails: The plan includes a sidewalk on one side of both
streets.
Parks: There is no parkland dedicated within this plat. Parkland
dedication requirements were satisfied with The Wilds plat.
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Page 2
RECOMMENDED
MOTION:
REVIEWED BY:
2. Deny the amendment to the PUD Plan and the Preliminary Plat on
the basis they are inconsistent with the purpose and intent of the
Zoning and Subdivision Ordinances and/or the Comprehensive
Plan. In this case, the Council should direct the staff to prepare a
resolution with findings of fact based in the record for the denial of
these requests.
3. Defer consideration of this item and provide staff with specific
direction.
The staff recommends Alternative #1. This action requires the
following motions:
1. A motion and second adopting a resolution approving an
amendment to The Wilds Planned Unit Development Plan, subject
to the listed conditions;
2. A motion an second adopting a resolution approvIng a
Preliminary P t to be known as Sterling South 2nd Addition,
ubj t t he sted conditions.
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Page 8
16200 Eagle Creek Avenue S.E.
Prior Lake, MN 55372-1714
PRELIMINARY PLAT
RESOLUTION 04-XX
RESOLUTION OF THE PRIOR LAKE CITY COUNCIL APPROVING THE PRELIMINARY PLAT OF "STERLING SOUTH
2ND ADDITION" SUBJECT TO THE CONDITIONS OUTLINED HEREIN.
WHEREAS:
WHEREAS:
WHEREAS:
WHEREAS:
WHEREAS
WHEREAS:
MOTION BY:
SECOND BY: LEMAIR
The Prior Lake Planning Commission conducted a public hearing on March 8, 2004 to consider an
application from Shamrock Development for the preliminary plat of Sterling South 2nd Addition; and
Notice of the public hearing on said preliminary plat has been duly published and posted in accordance
with the applicable Minnesota Statutes and Prior Lake Ordinances; and
All persons interested in this issue were afforded the opportunity to present their views and objections
related to the preliminary plat of Sterling South 2nd Addition for the record at the Planning Commission
hearing; and
The Planning Commission and City Council have reviewed the preliminary plat according to the applicable
provisions of the Prior Lake Zoning and Subdivision Ordinances and found said preliminary plat to be
consistent with the provisions of said ordinances; and
The Prior Lake City Council considered an application for preliminary plat approval of Sterling South 2nd
Addition on April 5, 2004; and
The City Council finds the preliminary plat of Sterling South 2nd Addition to be consistent with the provisions
of the Zoning and Subdivision Ordinance, subject to the listed conditions.
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PRIOR LAKE,
MINNESOTA:
A. The above recitals are incorporated herein as if fully set forth.
B. The preliminary plat of Sterling South 2nd Addition is approved subject to the following conditions:
1) The street connection to Oakes Lane should be eliminated and replaced with a cul-de-sac. An access for
emergency vehicles only should be provided between Oakes Lane and the new cul-de-sac.
2) The wetland mitigation plan must be approved prior to any grading on the site. If the mitigation plan is not
approved as proposed, the units located closer than 30' to. the 100-year flood elevation of the wetland must be
adjusted to meet the required setback.
3) The developer must obtain permission for the construction of the 3 units on Lot 89. If that permission is not
forthcoming, the 3 units must be eliminated.
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Phone 952.447.4230 / Fax 952.447.4245
4) The developer must provide an access easement to Sterling South at the Wilds for the use of the segment of Wilds
Lane located between Wilds Parkway and Sterling South at the Wilds prior to final plat approval.
5) The private streets must be platted as outlots.
6) Provide elevations and sample floor plans for the proposed building types in Sterling South 2nd Addition.
7) No grading will be permitted until the following Engineering issues have been addressed:
Wetlands
a. The City requires upland buffer area to be a minimum width of 20 feet and average width of 30 feet
around the perimeter of all wetlands. The buffer areas illustrated on the plans do not appear to meet the
average buffer size required by the City. The City requires preservation of areas where natural vegetation
exists in buffer strip areas. Grading in the buffer area should be avoided where natural vegetation can be
preserved. Many areas show 15' of buffer. Because of the "jagged" line of the proposed wetland buffer,
additional signage will be necessary.
b. We recommend excavating both mitigation areas down an additional two feet to ensure positive
hydrology. This does not appear to have been done for the northern mitigation area.
Hvdroloaic/Hvdraulic. Water Quality. and Gradina Comments
c. The low exposed opening elevations for structures adjacent to pond 3 may need to be raised depending
on the EOF elevation of the pond. There should be a minimum of 2 ft of freeboard between the low
exposed opening and the EOF of the pond. The EOF near Street A is above the low floor elevation for lot
7 block 1.
d. A skimmer structure should be used at the outlet of pond 2. In addition to providing skimming, this
structure should decrease the discharge rate for the 2 year event so that the 2 year rate leaving the site
matches the existing rate.
e. Grading is shown beyond the property lines near lot 18. Show the existing easement on the plans.
f. Define the access route more clearly for the pond.
8) Address the following Engineering issues in the final plans:
Watermain
a. Show 8" watermain for the project instead of 12" watermain. Label existing watermain size.
Streets
b. Provide more detail for the street connection at Oaks Lane.
Passed and adopted this 5th day of April, 2004.
Hauaen Hauaen
Blombera Blombera
LeMair LeMair
Petersen Petersen
Zieska Zieska
YES NO
{Seal} Frank Boyles, City Manager
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PROPOSED
AMENDMENT
#5
SCHEMATICl
PLAN
,.
PLAN
~~
.~
-:,
DATA ~:
1I:ITAl PRO.f;CT AREA
1I:ITAl IIUIlllER Of' DIIEl.1JNC UNITS
1I:ITAl PRO.f;CT DENSITY
5n.l AC
~ In ou.
t:t+-IlII{M 1.111 IXJ/AC
RESllJENllAl
SINClI.E r-. v DETACHED
I/J AC -ESltES
ol.~ ~tES
mAlE IOotESllES
SINCU: r-.v ATTACHED
\lUAS (4.2 DU/AC)
CllNllOS (lI.5 DUlAC)
271
135
lIlI
28
II
-is- 201
........ 148
57
PUIUC PAAIC
00lT COURsE/IlPDI SPACE
IIMf1tNAHAQ: BUIlDING
52.4X Of' 1I:ITAI. PRO.f:CT AREA
NlJlE: 1I:ITAI. OPEN SPACE ItCllJDES :l3O.1 AC Of' SENSl1I\'E lAHD EASDlENT
~-;~~~~~~~~
ME. 11:111[ LEFT II 1HDR NAlURIlL STAlE.
CXlIMllQAI.:
ClUIlHOUSf:
11818.
RBT ltA ~JT
-.:rq g I8Ilt
211.3 AC
:tJD4.1 AC
.:t1.2
:lID.7 AC
::: ;\8
iii, ~
...'1'-
: PION&EA
. .~- ...... ~~....
*.,. ---.. i-u.:.__
\~
. 1b1[~ ' _ ..;.-;;....."'1( COUNTY IIOAOG
==:; I ~'t~:~~=~ ~'I
~""""""T 13 5-t!l-OO "DOW1Qt
_~"lr". --""'03
\( ~T 15 7-14-Q! ADO Slt-... JIOUlH 2ND &"to
Shamrock
Development, Inc.
Memo
To: Jane Kansier - City of Prior Lake
From: Angie - Shamrock Development, Inc.
CC:
Date: 8/15/2003
Re: Sterling South 2nd Addition
Shamrock Development, Inc., is proposing a PUD Amendment along with the preliminary plat for the
above referenced subdivision. This property currently is zoned for HoteVRental cottages and we would
like to change it to detached town homes. The town homes would be the same as the ones built in
Sterling South. Shamrock Development feels that changing the amendment would better suit the area
and fit in with the existing town homes.
If you have any questions, please do not hesitate to contact me at (763) 421-3500. Thank you for your
time and consideration regarding this matter.
Me:lD,waadum
DATE: March 2, 2004
TO: Jane Kansier, Planning Coordinator
FROM: Larry Poppler, Assistant City Engineer
CC: Sue McDermott, City Engineer
RE: Sterling South Second Addition (City
Project #03-43)
The Engineering Department has reviewed the preliminary plat for the subject project
and we have the following comments:
Wetlands
I. The City requires upland buffer area to be a minimum width of 20 feet and average width
of 30 feet around the perimeter of all wetlands. The buffer areas illustrated on the plans
do not appear to meet the average buffer size required by the City. The City requires
preservation of areas where natural vegetation exists in buffer strip areas. Grading in the
buffer area should be avoided where natural vegetation can be preserved. Many areas
show 15' of buffer. Because of the "jagged" line of the proposed wetland buffer,
additional signage will be necessary.
2. We recommend excavating both mitigation areas down an additional two feet to ensure
positive hydrology. This does not appear to have been done for the northern mitigation
area.
Hydrolo2ic/Hydraulic~ Water Quality~ and Gradin2 Comments
I. The low exposed opening elevations for structures adjacent to pond 3 may need to be
raised depending on the EOF elevation of the pond. There should be a minimum of 2 ft
of freeboard between the low exposed opening and the EOF of the pond. The EOF near
Street A is above the low floor elevation for lot 7 block I.
2. A skimmer structure should be used at the outlet of pond 2. In addition to providing
skimming, this structure should decrease the discharge rate for the 2 year event so that
the 2 year rate leaving the site matches the existing rate.
3. Grading is shown beyond the property lines near lot 18. Show the existing easement on
the plans.
L:\03 Files\03 Subdivisions\03 Prelim Plat\SterlingSouth2\review3 030104.DOC
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4. Define the access route more clearly for the pond.
Watermain
1. Show 8" watermain for the project instead of 12" watermain. Label existing watermain
size.
Streets
I. Provide more detail for the street connection at Oaks Lane.
We will complete a more detailed review of the streets and utilities when plan and profiles are
provided.
2
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16200 Eagle Creek Avenue S.E.
Prior Lake, MN 55372-1714
INTEROFFICE MEMORANDUM
TO:
FROM:
RE:
DATE:
PLANNING/ENGINEERING
Ralph Teschner, Finance Director
STERLING SOUTH 2nd ADDITION - preliminary plat
(assessment/fee review)
February 26, 2004
P/O Outlot 0 Sterling South is proposed to be developed as Sterling South 2nd Addition. The
property currently is NOT served with municipal sewer and water utilities.
At the time municipal utilities become available the subdivision will be subject to the following
City charges:
Park Dedication
CSAH 83 Escrow
Collector Street Fee
Stormwater Management Fee
Trunk Sewer & Water Fee
Wilds PUD exemption
$2000.00/acre
$1500.00/acre
$2943.00/acre
$3500.00/acre
The application of applicable City development charges would generate the following costs to
the developer based upon an area calculation of 8.90 acres of single family as provided within
the site data summary sheet.
CSAH 83 ESCROW (groSS area):
25.37 acres @ $2000.00/ac = $50,740.00
Collector Street Fee:
8.90 acres @ $1500.00/ac = $13,350.00
Storm Water Mana2ement Fee:
8.90 acres @ $2943/ac = $26,193.00
Trunk Sewer & Water Char2e:
8.90 acres @ $3500.00/ac = $31,150.00
Assuming the initial net lot area of the final plat does not change, the above referenced storm
water, collector street, and trunk sewer and water 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 plat approval.
There are no other outstanding special assessments currently certified against the property.
www.cityofpriorlake.com
H: \SPLlTS\SterlingSouth2nd.doc
Phone 952.447.4230 / Fax 952.447.4245
~,
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(t; ,",00 '~~\ 16200 Eagle Creek Avenue S.E.
\ u'ctJ m I Prior Lake, MN 55372-1714
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February 26, 2004
Shamrock Development, Inc.
Attention: Jim Stanton
3200 :Main Street NW, Suite 300
Coon Rapids, lYIN 55448
RE: \Voods at the Wilds CSAH 83 Escrow Payment Request
Dear Jim:
During our city review as to what has been paid to date for the escrow obligation for improvements
associated with CSAH 83 improvements pursuant to Article 8 of the amended Development Agreement for
The Wilds PUD approved on lYfay 20, 1996 it came to our attention that the payment for the Woods at the
Wilds plat was not incorporated into the development agreement for utilities associated with that particular
phase of The Wilds PlJD.
According to Article 8.2 & 8.3 Shamrock Development, Inc. is required to pay a total of $325,000.00 for
the upgrade of CSAH 83. This was to be accomplished over the phased development of The Wilds PUD at
the rate of $2,000 per residential acre and/or $5,000 acre for a non-residential acre until the total amount
was paid. Outlined below is a table showing the escrow activity to date:
CSAH 83 Escrow Summary
(Wilds Apportionment Cost - $325,000)
[:==:::::~~::~=:=~~~=_:::::::r::::~~~=~::::+~=~=:~=!:=:I::::::::~=~:i:::::]
j Agreement Assumption i Flat fee : 5/24/96 i $90,000 j
r"Wi1d~.'2nd'Additio~"'''''''''''''''''.''''''''.''''.''r'''''i6~74''~~:......T.........6/2'7i9'6'.......~...........$.2j';4.80............1
r:;1li~iuf~~iF~~~jIi!i:ii:::::::r::~{f~f~.::I::!f!2[J;t~:+::::::~~~f~:::::::l
[~1~~;i~}~~~:::::::::::::::::::::::::::E~BH~':::i::~~~~i.~t:.:::I:::::~~~::::::J
As indicated above a total of $186,700.00 has been paid to date. The amount associated with Woods at the
Wilds plat and requested for payment remittance to the City of Prior Lake is $55,180.00. The next escrow
payment would occur pending approval of Sterling South 2nd Addition.
Please direct any questions you may have regarding this payment request, to my attention at (952) 447-
9841.
S?=~
Ralph Teschner
Finance Director
City of Prior Lake
Cc: Bud Osmundson, Public Works Director
Jane Kansier, Planning Coordinator
n:LE7TERS\Woods at The Wilds. doc
www.cityofpnorlake.com
Phone 952.447.4230 / Fax 952.447.4245
Planning Commission Meeting
March 8, 2004
B. Case #03-98 & 03-9l Shamrock Development is requesting a preliminary
plat consisting of 25.37 acres and an amendment to The Wilds pun to replace the
approved rental cabins with 23 detached single family homes on envelope lots.
Planning Coordinator Jane Kansier presented the Planning Report dated March 8, 2004,
on file in the office of the City Planning Department.
Shamrock Development has applied for approval of a development to be known as
Sterling South 2nd Addition on the property located immediately west of Sterling South
at The Wilds, east of CSAH 83 and north of Oakes Lane. The application includes the
following requests:
· Approve an amendment to The Wilds Planned Unit Development Plan;
· Approve a Preliminary Plat.
The proposal calls for a townhouse development consisting of 22 dwelling units on 25.37
gross acres. The development also includes private streets and private open space.
The following are the issues pertaining to this proposal:
Some residents have expressed concern about the road connection to Oakes Lane,
because they feel this may encourage through traffic on Wilds Lane from Wilds Parkway.
In the staff s opinion, this connection should be made for safety reasons. Without the
connection, the entire Sterling South development includes a half-mile of dead-end road
and more than 100 units with only one way in and out. While there is some risk of
through traffic, the staff feels this is minimal due to the winding street. The Planning
Commission must make a recommendation on the need for the street connection to the
City Council.
There is also some question about the ownership of Lot 89, the existing common area for
Sterling South. There are 3 units (1, 2, and 22) located within this area. The developer
has indicated to staff that he is working with the homeowners association to allow the
construction of these units. If that permission is not forthcoming, the 3 units must be
eliminated.
The wetland mitigation plan must be approved prior to any grading on the site. If the
mitigation plan is not approved as proposed, the units located closer than 30' to the 100-
year flood elevation of the wetland must be adjusted to meet the required setback.
There are a number of engineering issues, as noted in the attached memorandum from the
Assistant City Engineer. Most of these issues can be addressed prior to final plat;
however, no additional grading will be permitted until all of the grading and hydrologic
issues have been completely addressed.
The above issues will affect the final design of this development. However, the staff
believes these issues can be addressed prior to final plan approval.
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3
Planning Commission Meeting
March 8, 2004
Amendment to The Wilds PUD Plan: The amendment to the PUD plan removes 11
acres of commercial development (rental cabins) from the overall PUD plan. The
proposal increases the total number of dwelling units in the PUD plan from 656 to 678,
and increases the overall density from 1.14 dwelling units per acre to 1.19 dwelling units
per acre.
The proposed amendment is consistent with the overall development of The Wilds PUD.
Preliminary Plat: The attached memorandum from the City Engineering Department
lists the necessary revisions required to the preliminary plat. Most of these issues can be
addressed at the final plat stage. However, no additional grading will be allowed until the
wetland mitigation plan has been approved and all of the grading and hydrologic issues
have been addressed.
The proposed PUD amendment and preliminary plat are generally consistent with the
provisions of the Zoning and Subdivision Ordinances. The staff therefore recommended
approval, subject to the following conditions:
1. The wetland mitigation plan must be approved prior to any grading on the site. If
the mitigation plan is not approved as proposed, the units located closer than 30'
to the 100-year flood elevation of the wetland must be adjusted to meet the
required setback.
2. The developer must obtain permission for the construction of the 3 units on Lot
89. If that permission is not forthcoming, the 3 units must be eliminated.
3. The developer must provide an access easement to Sterling South at the Wilds for
the use of the segment of Wilds Lane located between Wilds Parkway and
Sterling South at the Wilds prior to final plat approval.
4. The private streets must be platted as outlots.
5. Provide elevations and sample floor plans for the proposed building types in
Sterling South 2nd Addition.
6. No grading will be permitted until the following Engineering issues have been
addressed:
Wetlands:
a. The City requires upland buffer area to be a minimum width of20 feet and
average width of 30 feet around the perimeter of all wetlands. The buffer
areas illustrated on the plans do not appear to meet the average buffer size
required by the City. The City requires preservation of areas where
natural vegetation exists in buffer strip areas. Grading in the buffer area
should be avoided where natural vegetation can be preserved. Many areas
show 15' of buffer. Because of the ')agged" line of the proposed wetland
buffer, additional signage will be necessary.
b. We recommend excavating both mitigation areas down an additional two
feet to ensure positive hydrology. This does not appear to have been done
for the northern mitigation area.
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4
Planning Commission Meeting
March 8, 2004
Hydrologic/Hydraulic, Water Quality, and Grading Comments:
a. The low exposed opening elevations for structures adjacent to pond 3 may
need to be raised depending on the EOF elevation of the pond. There
should be a minimum of 2 ft of freeboard between the low exposed
opening and the EOF of the pond. The EOF near Street A is above the
low floor elevation for lot 7 block 1.
b. A skimmer structure should be used at the outlet of pond 2. In addition to
providing skimming, this structure should decrease the discharge rate for
the 2 year event so that the 2 year rate leaving the site matches the existing
rate.
c. Grading is shown beyond the property lines near lot 18. Show the existing
easement on the plans.
d. Define the access route more clearly for the pond.
7. Address the following Engineering issues in the final plans:
Watermain:
a. Show 8" watermain for the project instead of 12" watermain. Label existing
watermain size.
Streets:
a. Provide more detail for the street connection at Oaks Lane.
Questions from the Commissioners:
Stamson: Currently we prohibit cul-de-sacs longer than 500 feet and I am assuming
Wilds Lane is longer than 500 feet. Does this predate the rule or was that a modification
of the PUD? Kansier said she thought it was approved as part of the PUD in 1993.
Lemke: questioned the cul-de-sac - Kansier responded there are only three driveways. It
is a short length of street and would not require a cul-de-sac.
Comments from the public:
Applicant Jim Stanton of Shamrock Development said staff gave a thorough report. He
has talked to numerous homeowners who have a concern with the street going straight
through. As far as he is concerned he can put in a cul-de-sac. Basically, it is a right-out
only because of the design. The other concerns by staff in the report will be addressed.
He also stated he would buy the land from the homeowners' association if they wish. If
they don't want to sell, he will plat without the last three lots.
Ringstad questioned if there would ever be a right-in access. Stanton responded it would
not as there is a center median and explained the route.
Kathy Holter, 2707 Wilds Lane, and is concerned Wilds Lane will become a through-
street. There are a significant number of cars coming through trying to get to Mystic.
When the two golf courses are available it will be a thoroughfare. She suggested Wilds
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5
Planning Commission Meeting
March 8, 2004
Lane becoming a public street taken over by the City. Holter stated they pay taxes like
everyone but do not enjoy the benefits of living on a city street. Another solution may be
to cul-de-sac the new road and leave Wilds Lane a cul-de-sac. When this first became an
issue, many residents signed a petition saying they did not want a through-street. It is a
common fear. The concern is the narrow street.
Daniel Boris, 2712 Wilds Lane, sees two forces trying to preserve their interests
(developer and residents). It's easy to take one side or the other. There is a solution for
both. Boris is in favor of having a cul-de-sac off Oakes Lane. That would ensure the
residents on Wilds Lane they would not have a through-street. It is common to see cars
coming down Wilds Lane thinking they can get through. He feels the best solution is to
cul-de-sac the new development. Development is fine if it is consistent with the
development in the area.
Linda Williamson, 2849 Wilds Lane, said from the information she received from her
realtor was that it was a cul-de-sac which was valuable to her because she has a mentally
disabled daughter who does not pay attention to traffic. She has very big concerns with
this street becoming a through-street. There has been substantial snowfall this year and
no place to put the snow as well as no place to park or drive making it very difficult.
Williamson felt there was more value in a home on a cul-de-sac than a through-street.
Jeff Holter, 2707 Wilds Lane, presented the Sterling South Townhome plat and told by
the realtor there would be no further development. He went to the City and found a
similar plat and was told nothing was planned. Had he known there was going to be a
through-street he would have never bought this property. Holter said he lived at the end
of the cul-de-sac and having a right-in will slow traffic down but people will still drive
down their street. Holter questioned who was going to police the street. It is his
understanding the applicant has to have access to Outlot 0; however, Holter would like to
see a cul-de-sac off Oakes Lane. He would also like to see the City maintain the road
like the rest of Wilds Parkway. Their road is privately funded and the traffic is minimal.
Holter asked the Commissioners to take this into consideration.
Jim Beaudette, 14985 Summit Circle said he shares the concern of the residents on Wilds
Lane. The street is not wide enough to accommodate the additional traffic. There are
lots of nice big vehicles at the golf course, and not something you drive 10 mph.
Residents are aware there are children and pets. It's not an area people should be zipping
through. He loves to golf and agreed with those who feel there will be additional traffic
trying to get from The Wilds to the Casino golf course. Beaudette questioned how the
medical equipment will access the area it's a right-out only.
Beaudette felt the private streets are not built like public streets and stated with the
maintenance, upkeep and repairs, it is logical, ethical and moral the street become a
public street. The taxes are substantial and the benefits are minimal. He felt if the street
was going to be used by the public the City should take ownership of Wilds Lane.
Whether assumptions were made several years ago, there were no indications it would be
a through-street. It was presented as being a cul-de-sac which is a consideration in
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6
Planning Commission Meeting
March 8, 2004
buying property. Beaudette felt there will be a lot of traffic and not minimal like some
people think it is.
Jim Stanton agreed the sales sheets did show a cul-de-sac but never paved. It was
specifically paved straight as part of the street. The cul-de-sac was never completed.
They paved the last house in the cul-de-sac for a driveway. He said he did not care if
there is a cul-de-sac from Oakes Street. It will separate The Wilds development. As far
as the emergency vehicles - assume they will come up the wrong side of the road. He
also pointed out that one can sustain anything mathematically until it happens. Stanton
pointed out everyone who drives down to the end have to drive back. If you don't have a
cul-de-sac they will drive right out. Twice as many people will have to drive up and back
with a cul-de-sac. Stanton said he would answer any other questions and wanted to work
things out with the neighbors.
Ringstad asked Stanton to indicate on the map where he would be willing to put in the
cul-de-sac. Stanton pointed out the area and said it would not be a problem to change.
Lemke asked Stanton if there would be a way to construct an emergency entrance.
Stanton explained a few options. He was willing to adjust and make it work.
John Bachelor, 2711 Wilds Lane, felt if there was proper signage at the entrance of the
street showing limited access and a private neighborhood, it would limit the traffic.
Bruce Holmes, 14983 Summit Circle, said his concern is the 24 foot street width with no
sidewalks. Most of the residents have dogs and if someone outside the community is
driving too fast it is a safety hazard. The golfers coming out of the driving range is one
thing but there are also large banquets and if the drivers had alcoholic drinks the drivers
will be driving faster and reckless through the neighborhood.
There was a brief discussion on sidewalks.
Bob Rose, 2690 Wilds Lane, said the road arguments are complete however, because this
is a private road there would be a significant expense to maintain it. His other concern
was for heavy construction equipment going up and down the road. Rose said he would
like to see the proposed housing plans.
Stanton said he had no problem furnishing the house plans and they will look exactly the
same on the outside. He also said the heavy equipment would come in from Oakes Lane
and put the center lane in last. It could be a condition by staff that all the heavier
equipment would not come down their road. He also pointed out the private street is built
to the same standards (other than width) as all the other streets in the City.
Stamson asked if the new development will be part of the existing homeowners
association. Stanton said the current homeowners/association will take a vote to decide.
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7
Planning Commission Meeting
March 8, 2004
Stamson asked if Stanton has to negotiate with the current homeowners on access to the
street as it is a private road. Stanton said it is in the original documents. Ironically, they
are technically landlocked as they vacated the public road which goes back to the
surrounding land owners (the golf course). He said staff can make it a condition of the
plat to deed it over. Technically, the residents do not have a way in.
Ringstad asked what the selling price would be. Stanton responded he did not build the
original homes however, the neighbors said it would be around $400,000.
Richard Bryce, 2792 Wilds Lane, said they were under the impression it was going to
remain a private road with a cul-de-sac. It is a small road and this winter they realized
how difficult it is with the private street. There are no sidewalks and a lot of people walk
on the street.
Linda Williamson commented all of this started before the above homeowners moved in
and felt information should have been supplied to him. In moving forward, Williamson
requested information on the street be disclosed or take legal action that the homeowners
were not aware this was a consideration at the time they bought the home.
Bernie Chauss, 14993 Summit Circle, serves on the Board of the association and said he
tries to promote harmony between all. One concern is that Jim Stanton is graciously
willing to purchase 3 lots from the association. As a homeowner, he would encourage
(Commissioners) to go along with the suggestion and construct as a cul-de-sac.
Jeff Holter, 2707 Wilds Lane, said he is concerned why another development is opening
up when the current development is not complete. Is there a time limit for neighborhood
development? Commissioner Stamson responded that was not up to the City.
John Michaletz, 14945 Summit, questioned the liability of a private street owned by the
homeowners being used by the public. The police do not patrol. If there is a speeder, do
we go out and flag them down? His concern was liability. Kansier said staff would have
to ask the City Attorney.
Stamson also responded this is not a unique situation. There are private through-streets
all over town. This is not something new being created.
The public hearing was closed at 8:45 p.m.
Comments from the Commissioners:
Perez:
. After reading the report, listening to the presentations, the pre-work has already
been done.
· As far as the wetland and meeting approval as part of the recommendation - that
will be covered.
. Other issues staff felt could be addressed.
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Planning Commission Meeting
March 8, 2004
. The through-road - the neighbors have strong feelings. The developer is offering
a give-and-take trying to get to an amiable situation. Sees the negatives
outweighing the positives as far as the through-street.
. A cul-de-sac would probably work best for the situation.
. The neighborhood will continue to have issues with people driving to the end of
their cul-de-sac.
. With or without the cul-de-sac there will still be a snow removal issue.
. Approve with the cul-de-sac instead of the through-street.
Lemke:
. Has a concern with the health and welfare as mentioned by the staff. However,
because it is a private street it is narrow. The residents are best served if the street
does not go through - it could end with a cul-de-sac with a provision that
emergency vehicles can get in and out.
. The rest of the conditions will be met including the wetland mitigation.
. The developer is on record stating the building style would be identical on the
outside.
. As far a signage - the association can put something up. It is not a city matter.
. Support the amendment and preliminary plat without the connection and a
provision for emergency equipment.
Ringstad:
. Visited the development, drove to the end of the street and looked over the area.
Can see why people think they can cut through.
. If this private road was a 28 foot wide street would lien toward the connection at
Oakes Lane. The citizens made some compelling arguments.
. The minute word got out there was a through-street; it would be used a lot.
. Agree with staff s recommendation with the exception of the connection on
Oakes Lane.
. Support the cul-de-sac the citizens are in favor of.
Stamson:
. Agreed with Commissioners. It is a better use of the land than the initial proposal.
The developer has done his work on most issues. Staff laid that out well.
. The issue of a private road has been a long standing rule of the City that you don't
exceed 500 feet for a cul-de-sac. Regardless of signage the residents will still
have double traffic.
. There could be better signage on the road that will cut down on some of the
traffic.
. Some of the other problems of cul-de-sacs is if a watermain breaks the
homeowners are living on an island. Private streets create problems for
emergency vehicles. Likes Lemke's idea to create a cul-de-sac with some kind of
connection to go through to Oakes Lane.
. That could also be the construction access.
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Planning Commission Meeting
March 8, 2004
Assistant City Engineer Larry Poppler, said engineering-wise adding 22 more houses to
an already long area, figuring 4 trips per house is another 88 trips on Wilds Lane. Asked
to consider possibly having the cul-de-sac off Oakes Lane near the Wilds Lane cul-de-
sac.
Stamson explained the additional traffic with long cul-de-sacs.
The Commissioners and staff had a brief discussion with the number of trips deciding it
is more like 9 trips per day per household - a 25% increase in traffic.
Poppler said staff would like to see the connection go through. The Engineering and
Planning Department concerns are the same. The connection will allow disbursing traffic
at the same time providing emergency access. It gives people 2 options for directions.
Lemke explained the saying "Be careful what you ask for because you just might get it"
regarding traffic issue.
Stamson suggested platting out a cul-de-sac on Oakes Lane with a temporary access
because of the narrow road and lack of sidewalks on Wilds Lane.
MOTION BY RINGSTAD, SECOND BY LEMKE, APPROVING THE AMENDMENT
TO THE WILDS PLANNED UNIT DEVELOPMENT TO REPLACE THE RENTAL
CABINS WITH THE 22 UNITS, SUBJECT TO THE LISTED CONDITIONS WITH
TWO CLARIFICATIONS: THE CONSTRUCTION AND ACCESS FOR THE
PROJECT OFF OAKES LANE WITH AN EMERGENCY VEHICLE ACCESS.
Vote taken indicated ayes by all. MOTION CARRIED.
MOTION BY RINGSTAD, SECOND BY PEREZ, APPROVING A PRELIMINARY
PLAT TO BE KNOWN AS STERLING SOUTH 2ND ADDTION, SUBJECT TO THE
LISTED CONDITIONS.
Vote taken indicated ayes by all. MOTION CARRIED.
This matter will go before the City Council on AprilS, 2004.
A recess was called at 8:07 p.m. The meeting reconvened at 8:12 p.m.
C. Case #04-2l (Continued) An amendment to Section ll07.2200 of the Zoning
Ordinance to add materials to architectural materials standards.
City Planner Cynthia Kirchoff presented the Planning Report dated March 8, 2004, on
file in the office of the City Planning Department.
The Planning Commission discussed potential changes at their regular meeting on
February 9,2004. The Commission supported the ordinance amendment to add fiber
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