HomeMy WebLinkAbout9A - Natural Preserve Lost Horizon Circle 01 PRI94)
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u 4646 Dakota Street SE
Prior Lake.MN 55372
41INNESo'st.
CITY COUNCIL AGENDA REPORT
MEETING DATE: JULY 14, 2014
AGENDA #: 9A
PREPARED BY: LARRY POPPLER, CITY ENGINEER/INSPECTIONS DIRECTOR
PRESENTED BY: LARRY POPPLER
AGENDA ITEM: CONSIDER APPROVAL OF A RESOLUTION FOR A NATURAL
PRESERVE AT 5576 LOST HORIZON CIRCLE
DISCUSSION: Introduction
In accordance with section 609.700, a property owner has made a request
for a Natural Preserve at their residential property at 5576 Lost Horizon
Circle.
History
Prior to 1993, the City code prohibited any vegetation over 12" in height.
The discussion at the time was that there are reasons to allow vegetation
over the 12" maximum.
On June 26th, 1993, the City Council established the following language in
the City Code:
"1) It shall be unlawful for any owner, lessee or occupant or any agent,
servant, representative or employee of any such owner, lessee or occupant
having control of any occupied or unoccupied lot or land or any part thereof
in the City to permit or maintain on any such lot or property or along the
sidewalk, street or alley adjacent to same, any growth of plants, grass,
brush, or other weeds or vegetation which is horticulturally out of place to a
height greater than twelve inches (12"). This requirement does not apply to
the following:
➢ Slopes greater than three feet horizontal to one foot vertical(3:1);
➢ A wetland, wetland buffer or floodplain designated on the official
Zoning Map;
➢ A drainage pond, raingarden, or ditch which stores or conveys storm
water;
➢ Maintained and weeded gardens, trees and shrub plantings;
➢ Property being used for agricultural purposes; and
➢ An area designated as a "Natural Preserve"by the City Council
2) The determination of what constitutes a "Natural Preserve"shall be
made by the City Council in its sole discretion. The City Council shall
consider the following factors in making its determination:
Phone 952.447.9800 / Fax 952.447.4245/www.cityofpriorlake.com
➢ Whether there are compelling reasons to preserve the property in its
natural state;
➢ The zoning district of the City within which the property is located;
and
➢ Whether any public safety or health problems may result if the area
is designated a "natural preserve"."
This language is established as section 609.701.
The "Natural Preserve" designation is rarely used. Most natural preserve
areas are in locations of stormwater ponds, wetlands, and steep slopes.
Per the code these areas do not require a specific natural preserve
designation by the City Council. In some cases these areas are put into
conservation easement.
Current Circumstances
The property owner at 5576 Lost Horizon Circle has requested that his
residential property be designated as a natural preserve. Attached is the
request by the homeowner. Also included in the request are photographs
of the property.
The property owner cites ground pollution, water pollution, air pollution, and
noise pollution to maintain a typical residential yard.
Conclusion
City staff has visited the property. The vegetation on the property does not
appear to have been seeded or installed with native or prairie type species.
The vegetation simply appears to have overgrown from typical yard grass.
The applicant suggests several reasons why a natural preserve should be
granted for the property. While the City Code allows "natural preserve"
designation by the City Council, it does not appear to be intended for
residential yard areas. If the City Council wishes to allow"natural
preserve" areas, the City Code should be modified to provide criteria for
maintenance of the vegetation. In many ways maintaining a "natural
preserve" can be more time consuming and expensive than maintaining a
mowed yard. Part of maintaining natural prairie plantings can involve
prescriptive burns, spot herbicide treatments or mechanical removal of
invasive species, and periodic mowing. Also, the location of these
plantings should be specified so as not to disturb roadway sight distances.
The code would need to specify these and other criteria.
Over time, the establishment of"natural preserve" areas can attract
butterflies, birds, and other insects. It can also attract mice, snakes, rats,
or other varmints. There is concern that a natural preserve on a property
with a dwelling will pose a health risk due to these varmints.
Since the City Code does not appear to be set up for individual yard
properties, City Staff recommends denial of the request.
ISSUES: The City has received many complaints regarding the length of vegetation
on this property. Since this application was given to the City and planned
for review by the City Council, code enforcement action was halted. Some
of these individuals as well as the applicant may be present at the City
Council meeting and may wish to speak about the issue.
FINANCIAL As discussed in the Code Enforcement Policy, property maintenance is
IMPACT: important to retain property values. If this request is granted or a revision
to City Code is contemplated, parameters for maintenance, location,
setbacks, species types, and general overall appearance should be
considered so that property values in the area are not diminished.
ALTERNATIVES: 1. Motion and a second to approve a request for a Natural Preserve at
5576 Lost Horizon Circle.
2. Deny this request on the basis of the rationale set for in the resolution.
3. Table the item.
RECOMMENDED Alternative # 2
MOTION:
, PRip„
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4646 Dakota Street SE
41Inrxsso't" Prior Lake,MN 55372
RESOLUTION 14-xxx
A RESOLUTION DENYING THE REQUEST FOR A NATURAL PRESERVE AT
5576 LOST HORIZON CIRCLE
Motion By: Second By:
WHEREAS, Section 609.700 of the City Code provides for a natural preserve designation for property
within the City; and
WHEREAS, The property owners at 5576 Lost Horizon Circle has requested that his property be
designated a natural preserve; and
WHEREAS, The Council has considered the request based upon all the information provided.
NOW THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF PRIOR LAKE,
MINNESOTA as follows:
1. The recitals set forth above are incorporated herein.
2. The City Council hereby denies the request for natural preserve designation at 5576 Lost Horizon
Circle in accordance with section 609.700 of the City Code on the basis that:
a. "Such designation is inconsistent with the character of the existing neighborhood and
zoning district"
b. "A planting plan and maintenance plan was not provided and is important to assure proper
maintenance is performed."
c. "The area of the proposed natural preserve is too close to existing homes.
PASSED AND ADOPTED THIS 14TH DAY OF JULY 2014.
VOTE Hedberg Keeney McGuire Morton Soukup
Aye ❑ ❑ ❑ ❑ ❑
Nay 0 ❑ 0 0 ❑
Absent 0 0 0 0 0
Abstain 0 0 0 0 0
Frank Boyles, City Manager
O� PRip�
U t�
4646 Dakota Street SE
`0 soil' Prior Lake,MN 55372
RESOLUTION 14-w
A RESOLUTION APPROVING A NATURAL PRESERVE AT 5576 LOST HORIZON CIRCLE
Motion By: Second By:
WHEREAS, section 609.700 of the City Code provides for a natural preserve designation for property
within the City; and
WHEREAS, the property at 5576 Lost Horizon Circle has satisfied the criteria in section 609.700 for
establishment of a natural preserve.
NOW THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF PRIOR LAKE,
MINNESOTA as follows:
1. The recitals set forth above are incorporated herein.
2. The City Council hereby establishes 5576 Lost Horizon Circle as a natural preserve in accordance with
section 609.700 of the City Code.
PASSED AND ADOPTED THIS 14TH DAY OF JULY 2014.
VOTE Hedberg Keeney McGuire Morton Soukup
Aye ❑ ❑ ❑ ❑ ❑
Nay ❑ ❑ ❑ ❑ ❑
Absent ❑ ❑ ❑ ❑ ❑
Abstain ❑ ❑ ❑ ❑ ❑
Frank Boyles, City Manager
Larry Poppler
From: Vern Goehring <verngoehring8@yahoo.com>
Sent: Sunday,June 29, 2014 8:37 AM
To: Larry Poppler
Subject: Re:Subject: Brownfield development
Subject: Natural Preserve
My name is LaVerne Goehring and I am the owner of the corner propery at 5576 Lost Horizon Cir.
SE. Prior Lake. I am a registered professional electrical engineer in Minnesota and have been
registered in several other states as well. I am a LEED AP (Leadership in Energy and Environmental
Design -Accredited Professional) as established by the USGBC ( US Green Building Council), and
am a former US military commissioned officer.
I request that the city council allow me to continue the development of my property as a
natural preserve and allow grass plant growth to exceed 12 inches in height. This plan as outlined
below will address several concerns of all parties including myself:
The city code on cutting grass generally requires motorized equipment and promotes the use of
herbicides, fertilizers, and chemicals. This in turn causes ground pollution, water pollution, air
pollution, greenhouse gas global warming pollution, and noise pollution. These harms are outlined
and in the Site Development narrative SS CREDIT 5.1 in the 2009 LEED Reference Guide for Green
Building Design and Construction, and in other portions of the document.
As opposed to the typical lawn care causing all this pollution, my methods cause no ground pollution,
no water pollution, no air pollution, no global warming pollution, and no noise pollution. Typically, only
non-motorized hand tools such as scythes, and shrub clippers are used. This eliminates air
pollution, global warming pollution,.and noise pollution. Herbicides, fertilizers, and chemicals are not
used so there is no ground pollution nor water pollution.
As shown to the pictures, the areas within 3 feet of the curbs are kept shorter than 12 inches with a
hand scythe to allow parking along the curbs. The areas adjacent to the neighbors' properties are
kept less than 12 inches in height also. Dandelions and other non-native noxious plants are removed
by non-motorized hand tools. To my knowledge, there is no Kentucky Blue Grass present. The areas
adjacent to the buildings are kept clear of plant grown to eliminate potential damage to the siding, and
to minimize fire hazard.
There is less fire danger present from this natural preserve than there is from the adjacent city forest
to the west of the property.
There are no varmints on the property that are not also present on the neighboring properties and
neighborhood. Early one morning last week, I saw a 200 pound deer walking down the street but he
was not on my property.
The house is bi-level construction with a 2 car garage and foundation size of 940 square feet. The lot
size is 142x83x130x125 feet:
Picture 1 is from the sw towards Mayes St. showing utility transformer and communications
box on the property line in the foreground,
1
Picture 2 is the rock landscape, and communications box at the intersection. Visibility at the
intersection is not reduced by the brownfield.
Picture 3 is along the sw side of the garage.
Picture 4 is along the front or se side of the house.
Picture 5 is along the back or nw side of the house and deck.
Picture 6 is along the Mayes st side or ne side of the house.
Picture 7 is from the deck looking west towards the shed and the city forest/park in the
background.
Picture 8 is from the deck looking east and shows the intersection rock landscape in the
background
Picture 9 is the real estate brochure from when I purchase the property about one year ago.
Maintaining the grass plant height to be less than 12 inches is not feasible without motorized mowing
equipment.
The United States has 5% of the world's population yet emits well over 20% of the world's
greenhouse gases. I respectfully request that the City not require me to exacerbate the death and
destruction associated with climate change by enforcing this code. My neighbors do not have to look
at my property, but I have no choice but to hear the roar of their yard maintenance equipment.
Thank you for your consideration.
Vern Goehring
On Friday, June 27, 2014 9:40 AM, Larry Poppler<Ipoppler@cityofpriorlake.com>wrote:
Vern,
The request you have made is for Brownfield development. The City Code section 609.700 allows for a
"natural preserve". Please modify your request to ask for"natural preserve"to be in alignment with City
Code. If you can modify the request, the City Council will review your request at the City Council meeting on
July 14th at 7:00.
Larry Poppler
City Engineer/ Inspections Director
City of Prior Lake
4646 Dakota Street SE
Prior Lake, MN 55372
952-447-9832
From: Vern Goehring [mailto:verngoehring8@yahoo.comj
Sent: Monday, June 16, 2014 7:01 PM
To: Larry Poppler
Subject: Subject: Brownfield development
My name is LaVerne Goehring and I am the owner of the corner propery at 5576 Lost Horizon Cir.
SE. Prior Lake. I am a registered professional electrical engineer in Minnesota and have been
registered in several other states as well. I am a LEED AP (Leadership in Energy and Environmental
2
Design -Accredited Professional) as established by the USGBC ( US Green Building Council), and
am a former US military commissioned officer.
I request that the city council allow me to continue the development of my property as a brownfield
development and allow grass plant growth to exceed 12 inches in height. This plan as outlined below
will address several concerns of all parties including myself:
The city code on cutting grass generally requires motorized equipment and promotes the use of
herbicides, fertilizers, and chemicals. This in turn cause ground pollution, water pollution, air pollution,
greenhouse gas global warming pollution, and noise pollution. These harms are outlined and in the
Site Development narrative SS CREDIT 5.1 in the 2009 LEED Reference Guide for Green Building
Design and Construction, and in other portions of the document.
As opposed to the typical lawn care causing all this pollution, my methods cause no ground pollution,
no water pollution, no air pollution, no global warming pollution, and no noise pollution. Typically, only
non-motorized hand tools such as scythes, and shrub clippers are used. This eliminates air
pollution, global warming pollution,.and noise pollution. Herbicides, fertilizers, and chemicals are not
used so there is no ground pollution nor water pollution.
As shown to the pictures, the areas within 3 feet of the curbs are kept shorter than 12 inches with a
hand scythe to allow parking along the curbs. The areas adjacent to the neighbors' properties are
kept less than 12 inches in height also. Dandelions and other non-native noxious plants are removed
by non-motorized hand tools. To my knowledge, there is no Kentucky Blue Grass present. The areas
adjacent to the buildings are kept clear of plant grown to eliminate potential damage to the siding, and
to minimize fire hazard.
There is less fire danger present from this brownfield than there is from the adjacent city forest to the
west of the property.
There are no varmints on the property that are not also present on the neighboring properties and
neighborhood. Early one morning last week, I saw a 200 pound deer walking down the street but he
was not on my property.
The house is bi-level construction with a 2 car garage and foundation size of 940 square feet. The lot
size is 142x83x130x125 feet:
Picture 1 is from the sw towards Maves St. showing utility transformer and communications box
on the property line in the foreground,
Picture 2 is the rock landscape, and communications box at the intersection. Visibility at the
intersection is not reduced by the brownfield.
Picture 3 is along the sw side of the garage.
Picture 4 is along the front or se side of the house.
Picture 5 is along the back or nw side of the house and deck.
Picture 6 is along the Maves st side or ne side of the house.
Picture 7 is from the deck looking west towards the shed and the city forest/park in the
background.
Picture 8 is from the deck looking east and shows the intersection rock landscape in the
background
Picture 9 is the real estate brochure from when I purchase the property about one year ago.
Maintaining the grass plant height to be less than 12 inches is not feasible without motorized mowing
equipment.
3
The United States has 5% of the world's population yet emits well over 20% of the world's
greenhouse gases. I respectfully request that the City not require me to exacerbate the death and
destruction associated with climate change by enforcing this code. My neighbors do not have to look
at my property, but I have no choice but to hear the roar of their yard maintenance equipment.
Thank you for your consideration. The pictures will come in emails to follow as the attachments are
too big to send with this letter.
4
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