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HomeMy WebLinkAbout9A - Stemmer Ridge CITY COUNCIL AGENDA REPORT 16200 Eagle Creek Avenue S.E. Prior Lake, MN 55372-1714 MEETING DATE: AGENDA #: PREPARED BY: DECEMBER 6, 2004 9A JANE KANSIER, PLANNING DIRECTOR DANETTE M. MOORE, PLANNING COORDINATOR AGENDA ITEM: CONSIDER APPROVAL OF A RESOLUTION APPROVING A PRELIMINARY PLAT TO BE KNOWN AS STEMMER RIDGE DISCUSSION: Historv: Arcon Development, Inc. is requesting approval of a preliminary plat to subdivide 82.89 acres into 81 single family lots on property located on the north side of Shoreline Boulevard, immediately west of Spring Lake Regional Park. The Planning Commission held a public hearing on August 9, 2004, at which time consideration of the project was continued. The original proposal involved a cluster-housing component. At the public hearing, neighboring property owners expressed their preference for single family housing at a lower density. The Developer used the continuance as an opportunity to voluntarily revise the plans to replace the cluster housing with single family lots. Both the original proposal and the current proposal conform with the existing zoning of the property. Phvsical Site Characteristics: Area: The property is 82.89 acres in area. The net area of this site, less the 31.49 acres of County Road 12 right of way and wetlands, is 51.4 acres. Bluff Areas: As defined by the Zoning Ordinance, the project contains two bluff areas. No grading is permitted within the bluff impact zone or bluff setbacks. Topo!!raphv: The site ranges from 994' at the east central portion of the property, just south of Outlot A, and 916' at the southeastern comer of the property. Ve!!etation: The tree inventory submitted with the preliminary plat identifies 6,115 caliper inches of trees on the property. The project is subject to the Tree Preservation requirements of the Zoning Ordinance. 1:\04 files\04 subdivisions\04 prelim plat\stemnwwidge'it}1~p'itxtblke. com Phone 952.447.4230 / Fax 952.447.4245 PROPOSED PLAN: Wetlands: Outlots A, E, and G contain wetlands. The wetlands will be covered by drainage and utility easements and are maintained by the City. The staff is discussing the possibility of integrating Outlot A into the Spring Lake Regional Park. This will have the twofold benefit if expanding the size of the size of the park and increasing the desirability of the lots adjacent to the park (Lots 1-19, Block 3). County Road 12 will intersect a portion of the wetland located in the southeast comer (Outlots E and G) of the development. The proposed alignment of County Road 12 is not influenced by the development. The impacted wetland area will require mitigation. Scott County is currently determining the most appropriate location for wetland mitigation. Access: Access to the site is from County Road 12. In anticipation of possible future development, five additional access points from adj acent sites are stubbed at the property boundary to the north and west. This property will eventually connect to County Road 1 7 to the west and County Road 82 to the north, as surrounding properties develop. 2020 Comprehensive Plan Desi!!nation: This property is designated for Urban Low to Medium Density Residential (R- L/MD) uses on the 2020 Comprehensive Plan Land Use Map. Zoning associated with this land use designation is R-1 (Low Density Residential). Zonin!!: The site presently is in the R-l Zoning District (Low Density Residential). The R-1 district is consistent with the proposed R-L/MD designation. This district permits a maximum density of3.6 units per acre. Lots: The lots meet width/depth requirements and range in size from 12,015 to over 60,000 square feet. Outlots A, E, and G contain wetlands. Outlot B is proposed to provide park area, infiltration and a NURP pond, in conjunction with the western property. Outlots H and I provide access for adjacent properties. Streets: Scott County is in the planning stages of proposed reconstruction of County Road 12. However, independent of the proposed project, the alignment has been established for the extension that will provide an east to west access point for the project. The developer has offered to construct the portion of CSAH 12 across Spring Lake Regional Park. Scott County has some funds set aside to reimburse the developer for some of 1:\04 files\04 subdivisions\04 prelim plat\stemmer ridge\cc report.doc 2 this construction. This proposal results in significant savings to the City and the taxpayers for the CSAH 12 project. To facilitate this arrangement, the City and Scott County will be entering into a Letter of Understanding (LOU), which will outline the responsibilities of each party. The LOU will be considered by the City Council on this agenda. The approving resolution for this preliminary plat includes a condition relating to the LOU. The proj ect proposes Street A, which extends north to south from County Road 12 to the northern property line, to serve as a collector street. In addition, seven additional streets are proposed. The developer will need to revise the plans to show temporary cul-de-sacs or easements for roadways that stub to the property boundary. SidewalkslTrails: The plan includes a sidewalk extending north to south along the east side of Street A. A trail is proposed to extend north to south from the northern property boundary to County Road 12 and to Spring Lake. In addition, a trail will extend from Street A, west through the parkland, and will provide a connection to the development to the west. Parks: Section 1004.1000 of the Subdivision Ordinance requires 10 percent of the net area of the site to be dedicated for parkland. The applicant is working with staff and a developer to the west to provide an adjoining park and infiltration/NURP pond area. The park area will be contained in Outlot B, and requires the removal of Lots 1-4 of Block 6 to meet the 10 percent requirement. A graphic identifying the cooperative development of these two areas is attached to this report. In the absence of a cooperative agreement between the two developers, Arcon will be required to satisfy the entire parkland dedication requirements. Sanitary Sewer/W ater Mains: The developer has offered to extend the existing sanitary sewer and water main in County Road 12 from the eastern edge of Spring Lake Park, through the park to serve this development. Storm Sewer: The developer will construct an infiltration and NURP pond in Outlot B. Additionally, they will construct a NURP pond in Outlots G and H to be utilized by the County and developer. An additional infiltration basin is proposed on the west side of Outlot G. The cooperative development between Arcon and the adjoining developer locates all of the required parkland on the Stemmer property and the necessary stormwater ponds on the property to 1:\04 files\04 subdivisions\04 prelim plat\stemmer ridge\cc report.doc 3 the west. In order for this arrangement to work, the following must occur prior to development of the site: 1. A preliminary plat for the property to the west must be approved; and 2. Arcon must obtain easements for the construction of the stormwater ponds from the property owner to the west. 3. The two developers must enter into a cooperative agreement. Densitv: The plan proposes 81 units on 82.89 acres. Density is based on 51.4 buildable acres (net acres), which excludes the existing wetlands and right of way. The overall density proposed in this plan is 1.57 units per acre. The proposed density is consistent with the 3.6 units per acre permitted in the R -1 Use District. Setbacks: In the R-l Use District, the minimum front and rear yard setbacks are 25 feet. Side yard setbacks are required to be a minimum of 10 feet. The proposed setbacks will meet or exceed the R -1 requirements. Lot Covera!!e: The R-1 district allows a maximum building coverage of 30 percent. The plan proposes site coverage of 20 percent. In addition, portions of the project are within the Howard Lake and Spring Lake Shoreland District and will be subject to the maximum 30 percent imperious surface coverage requirements. The applicant will have to demonstrate that buildings and driveways do not exceed 30 percent impervious coverage of the lot area. Maintenance/Access Area: The applicant is proposing a pull- off and 10' maintenance access drive along County Road 12. The access point would allow boat slip owners a drop-off site and limit the pedestrians crossing along County Road 12. No parking would be allowed at the drop-off site. In addition, the proposed access drive would provide for the necessary maintenance of the ponding area. The developer must obtain Scott County approval for the pull-off. Staff will continue to work with the developer to resolve possible safety and logistical issues. Si!!ns: A signage plan was not submitted with the application. If any signage is requested, it shall meet the Zoning Ordinance requirements of a maximum of two signs, not to exceed 50 square feet of sign area per side with a maximum of two sides, at each principle entrance to the development. A permit will be required for any proposed signage. 1:\04 files\04 subdivisions\04 prelim plat\stemmer ridge\cc report.doc 4 Tree Renlacement: According to the tree preservation plan, there are 6,115 caliper inches of trees on the property. Section 1107.2106 of the Zoning Ordinance allows up to 25 percent of the significant caliper inches to be removed for road and utility purposes, and up to 25 percent for building pads and driveways. In this case, the proposed subdivision removes 3,279.5 caliper inches (or 53.6 percent). The developer will need to provide calculations distinguishing the total caliper inches to be removed for road/utility purposes and building pads. The plan shows the planting of 317 trees and will meet the required 111 caliper inches of replacement. If the revised plan proposes changes to the previous Tree Preservation Plan, the developer shall provide calculations and plans for staff to review. The developer will be required to provide security (e.g., letter of credit) for any replacement trees required as part of the development contract. Landscapin!!: Landscaping for single family homes is required at the rate of 2 trees per front yard. These trees are typically provided when the individual homes are built. Sprin!! Lake Boat Slip/Dock: The proposal involves the designation of an outlot to provide a future boat slip area and access to Spring Lake for the residents of Stemmer Ridge. The developer purposes to have a dock and 30 boat slips along Spring Lake. The request meets the requirements of the code and is actually less than allowed by ordinance, which is approximately 50 slips. This number is consistent with the number discussed during the annexation process. The outlot and boat slip area would be maintained by the Stemmer Ridge Homeowners Association. The plans show a 10' trail that will extend from the south side of County Road 12 to Spring Lake as an access point for Stemmer Ridge residents. Phasin!!: A phasing plan is not anticipated for the project. Fees and Assessment: This development will be subject to the standard development fees. In addition, the development will be subject to a lateral assessment for the extension of sewer to the site. ANALYSIS: PreliminaTV Plat: The applicant proposes to subdivide the property into 81 single family dwellings. All of the proposed lots conform to the R-l minimum requirements of 86 feet in width, 12,000 square feet in area, and less than 3.6 units per acre in density. 1:\04 files\04 subdivisions\04 prelim plat\stemmer ridge\cc report.doc 5 CONCLUSION: FISCAL IMPACTS: ALTERNATIVES: There are three issues with the proposal: 1. Proposed Lot 29 will need to be removed to prevent grading or the locating of structures within the bluff impact area. 2. Proposed parkland will need to be added to meet the 10% requirement. 3. Proposed tree removal will need to be clarified to show that no more then 25% is removed for building pads, driveways, and utilities. With these three changes, the overall layout of the plat appears appropriate, given the constraints of sites grades and the existing wetland area. A final issue is the traffic on CSAH 12. This development is estimated to add 800 trips per day to CSAH 12. The present traffic count on CSAH 12 is 1,350 trips per day. The County Capital Improvement Program originally projected the improvement of this road in 2006. More recent versions have proposed to defer this work until 2009. While it is the staff's opinion the improvements to CSAH 12 should be done sooner, the Public Works Director projects that the road has sufficient capacity through 2009. The preliminary plat application will comply with relevant ordinance provisions and City standards, provided all the conditions of approval are met. On August 23, 2004 the Planning Commission recommended approval of the preliminary plat, with the conditions outlined in this staff report. Budeet Imoact: There is no budget impact as a result of this action. Approval of the project will facilitate the development of the area and increase the City tax base. The City Council has three alternatives for action on the application: 1. Adopt a resolution approving the Preliminary Plat for this development subject to the listed conditions, with the finding that the preliminary plat is consistent with the intent and purpose of the Zoning and Subdivision Ordinances. 1:\04 files\04 subdivisions\04 prelim plat\stemmer ridge\cc report.doc 6 RECOMMENDED MOTION: 2. Deny the Preliminary Plat on the basis that it is 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 motion: . A motion and second adopting a resolution approving a Preliminary Plat to be known as Stemmer Ridge, subject to the following conditions. 1. The applicant shall obtain a permit from Prior Lake- Spring Lake Watershed District prior to approval of a grading permit. 2. The applicant shall address all engineering comments as outlined in the memorandum from the Assistant City Engineer dated July 1, 2004. 3. The applicant shall enter into a development contract with the City. 4. The applicant shall obtain permits from Scott County for access and utility construction. 5. The applicant shall have an approved wetland mitigation plan prior to grading permit issuance. 6. The applicant shall revise the plans to remove all building pad areas from bluff impact zones or bluff setbacks. 7. The applicant shall submit documentation of access easements for adjacent properties that have roadways stubbed to the property boundary, or provide temporary cul-de-sacs. 8. An average 30 foot buffer strip shall be maintained around the perimeter of the wetland, measured from the ordinary high water level. Disturbed areas within the buffer shall be revegetated with native wetland plantings where feasible. 9. Wetland buffer monuments shall be installed as required by the City and Prior Lake-Spring Lake Watershed District. 10. All structures shall meet the 30 foot wetland setback. 1:\04 files\04 subdivisions\04 prelim plat\stemmer ridge\cc report.doc 7 11. The plan shall provide 10 percent of the net area of the site as dedicated parkland, or Arcon must enter into a cooperative agreement with the developer of the property to the west to jointly develop park and storm water facilities for both sites. 12. The tree inventory plan must be revised to distinguish what percentage of trees are proposed to be removed for road and utility purposes versus building pads and driveways. 13. The development shall comply with the maximum 30 percent impervious surface coverage standard. 14. The development shall revise Lotsl-4 of Block 6 to provide dedicated parkland. 15. A demolition permit shall be required prior to the demolition of the existing structures on the site. 16. All signage shall require a sign permit. 17. The applicant shall obtain required permits from all applicable governmental agencies prior to final plat approval. 18. The final plat shall be submitted within 12 months of City Council approval. 19. The City and County will adopt the Letter of Understanding outlining the responsibilities of each party for the CSAH 12 construction. EXHIBITS: I. Preliminary Plat Resolution 04- XX 2. Location Map 3. Aerial Photo 4. Preliminary Plat and Plans 5. Maintenance/Drop-off Access Graphic 6. Planning Commission Minutes for August 9,2004 7. Engineering Department Memorandum dated July 1,2004 8. Finance Director Memorandum dated July 13,2004 9. Combined Layout for Stemmer Ridge and Property to the West REVIEWED BY: 1:\04 files\04 subdivisions\04 prelim plat\stemmer ridge\cc report. doc 8 16200 Eagle Creek Avenue S.E. Prior Lake, MN 55372-1714 RESOLUTION 04-XX RESOLUTION OF THE PRIOR LAKE CITY COUNCIL APPROVING THE PRELIMINARY PLAT OF "STEMMER RIDGE" SUBJECT TO THE CONDITIONS OUTLINED HEREIN. MOTION BY: SECOND BY: WHEREAS: The Prior Lake Planning Commission conducted a public hearing on August 9, 2004, to consider an application from Arcon Development, Inc. for the preliminary plat of Stemmer Ridge; and WHEREAS: 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 WHEREAS: All persons interested in this issue were afforded the opportunity to present their views and objections related to the preliminary plat of Stemmer Ridge for the record at the public hearing conducted by the Planning Commission; and WHEREAS: 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 WHEREAS The Prior Lake City Council considered an application for preliminary plat approval of Stemmer Ridge on December 6, 2004; and WHEREAS: The City Council has the authority to impose reasonable conditions on a preliminary plat. 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 Stemmer Ridge is approved subject to the following conditions: 1. The applicant shall obtain a permit from Prior Lake-Spring Lake Watershed District prior to approval of a grading permit. 2. The applicant shall address all engineering comments as outlined in the memorandum from the Assistant City Engineer dated July 1, 2004. 3. The applicant shall enter into a development contract with the City. 4. The applicant shall obtain permits from Scott County for access and utility construction. 5. The applicant shall have an approved wetland mitigation plan prior to grading permit issuance. www.cityofpriorlake.com 1:\04 files\04 subdivisions\04 prelim plap~tg~52~~4'f.14WOOIJtI~1~2.44 7.4245 t"'age I 6. The applicant shall revise the plans to remove all building pad areas from bluff impact zones or bluff setbacks. 7. The applicant shall submit documentation of access easements for adjacent properties that have roadways stubbed to the property boundary, or provide temporary cul-de-sacs. 8. An average 30 foot buffer strip shall be maintained around the perimeter of the wetland, measured from the ordinary high water level. Disturbed areas within the buffer shall be revegetated with native wetland plantings where feasible. 9. Wetland buffer monuments shall be installed as required by the City and Prior Lake-Spring Lake Watershed District. 10. All structures shall meet the 30 foot wetland setback. 11. The plan shall provide 10 percent of the net area of the site as dedicated parkland, or Arcon must enter into a cooperative agreement with the developer of the property to the west to jointly develop park and stormwater facilities for both sites. 12. The tree inventory plan must be revised to distinguish what percentages of trees are proposed to be removed for road and utility purposes versus building pads and driveways. 13. The development shall comply with the maximum 30 percent impervious surface coverage standard. 14. The development shall revise Lots1-4 of Block 6 to provide dedicated parkland. 15. A demolition permit shall be required prior to the demolition of the existing structures on the site. 16. All signage shall require a sign permit. 17. The applicant shall obtain required permits from all applicable governmental agencies prior to final plat approval. 18. The final plat shall be submitted within 12 months of City Council approval. 19. The City and County will adopt the Letter of Understanding outlining the responsibilities of each party for the CSAH 12 construction. Passed and adopted this 6th day of December, 2004. YES NO Haugen Haugen Blomberg Blomberg LeMair LeMair Petersen Petersen Zieska Zieska {Seal} Frank Boyles, City Manager 1:\04 files\04 subdivisions\04 prelim plat\stemmer ridge\plat resolution.doc Page 2 Location Map Stemmer Ridge Howard Lake Spring Lake 1000 I o 1000 2000 Feet I N + .....~~",.,,_.".,..~_._-".,,~~... _.-........~.......~"....,.,.-'_..,~,"""',<","~~,..""""'~"""'''''.,"~~....._..""."'^'"""'-~""""'~""~"-""";-""'~.,~"-'>.""",,",...---..~,_,,--__,.~~~~'"..."..,.....,..,~._.....'-.,.w,.....'."'".,~"'_'-.~....-.-- (]) en -c ~ ~ E (]) Ci5 ij ) / / ""'O~l ID 'I PDO~ ,(luno, r ,0 '11I"'-1'-;' / i\\.., \~ ~ '. \ . , / ; If (~! II i:5! \ ",0 i \ ) /'71\ ( i, '- i / I ~~~ .., .., ~ ~~ ~ i~ ;" ~) ;; 5i Qg !, -*..,..... 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L -'-'- \ . \ \. \ - ".- '~~ ~') ... ....~"1 ~ - I .~=~~-~~ -~-=t:'~ 1 I "- "- I /_ i '.1 ! ~ :5 ~ g: 85 <(i Wi .~.: <'~ Z:O 0:- ~la: ~!a: O'W o :2 ........ ~ <( W o ..... I C/) ;--- -' . : ':";"':':~:'::::~~~;';t:-.:~':;;:~h*:,':s'."~~.i=...."....: ..' . I .- :. ~". .:' ."./ - 33.( 74.3 S.F. - '-_ Edge of Water _._.~_.:_~ ::- ,.::~:='~ ~ 0'> I ~ ~(j ~ " > <(ex) w Zo ~~~~~ ~wo(J)z g.: ~O;CO ,.'" r. ""',' - " f" .Ii to ) t ~ t; , f t 5 i ! it} f ~ .J I f ~ \... i t..,;."... /' ~ r.~:~-:~..:': . PLANNING COMMISSION MINUTES MONDAY, AUGUST 9, 2004 1. Call to Order: Chairman mson called the August 9, 2004, Planning Commission meeti 6:30 p.m. Tho present were Commissioners Atwood, Lemke and Sta Engineer Steve A recht and Recording Secretary Connie Carlson. 2. Roll Call: Pre esent Absent Absent Present 3. Approval of Minutes: The Minutes from the July presented. mmission meeting were approved as 4. 5. Commissioner Stamson read the Public Hearing Statement and ope ?ft A. Cases #04-77 & 04-78 Arcon Development has submitted an application for preliminary plat and conditional use permit consisting of 82.47 acres to be subdivided into 89 lots for residential development to be known as Stemmer Ridge. The project includes 69 single family lots and 20 townhome lots. This property is located on the north side of CSAH 12, directly west of Spring Lake Regional Park in Section 4, Spring Lake Township. Planning Coordinator Danette Moore presented the Planning Report dated August 9, 2004, on file in the office of the City Planning Department. Arcon Development, Inc. is requesting approval of a preliminary plat to allow the subdivision of 82.89 acres for 69 single family lots and a conditional use permit for 20 cluster town homes. The site is located on the north side of Spring Lake Road, immediately west of Spring Lake Regional Park. The net area of this site, less the 31.49 acres of County Road 12 right of way and wetlands, is 51.4 acres. The site currently has a single family dwelling and detached accessory structures. Outlots A, E, and G contain wetlands. L\04 FILES\04 PLAN COMMIS\04 pc Minutes\MN080904.doc Planning Commission Meeting August 9, 2004 The proposal involves the designation of an outlot to provide a future boat slip area and access to Spring Lake for the residents of Stemmer Ridge. The developer purposes to have a dock and 30 boat slips along Spring Lake. City Engineer Steve Albrecht gave a brief overview of the engineering issues including Scott County's realignment project for County Road 12. Arcon is paying for all the utility extensions to the development. The benefit to the City is that the developer is extending the utilities at no cost to the City through the development. The City may oversize the utilities and have costs associated with that, however the base utilities will be paid by the developer. Arcon will actually be doing the rough grading and possibly constructing the portion of County Road 12 through their project. Albrecht spoke on traffic access and possible access off nearby developments. Overall, the preliminary plat and conditional use permit applications will comply with relevant ordinance provisions and City standards, provided all the conditions of approval are met. Staff recommended approval of the Preliminary Plat and Conditional Use Permit subject to the 20 conditions listed in the planning report. Comments from the Public: Dustin Kern, Arcon Development, explained why they wanted to take on developing part of County Road 12. Kern spoke on the changes from the concept plan presented a year ago. The main problem was too many driveway accesses off the main collector street. The concept plan contained all single family homes but now is asking for a Conditional Use Permit for 20 cluster homes. The twin homes will contain a substantial amount of trees for a buffer. Windwood Homes will be constructing homes starting in the low $400,000 for the twin homes. The single family homes will start at the low to mid $400,000 to $500,000. Arcon has done several developments in the surrounding communities. Lemke asked Kern how he felt about staff recommending removing 4 lots. Kern said there is no issue and it was probably an oversight and will comply. They will also loose lot 29 because of the bluff issue. Stamson questioned Kern on how that would be accommodated. Kern responded they would combine the lot with the adjoining lots and make them wider. Randy Langhorst, 1985 165th Street East, in the Autumn Acres development, said his first concern is the cluster homes right next to his property. Eight and one half of the townhomes will be abutting his easterly property. The report states "the recognition of existing developments" - the surrounding area is single family. The original concept contained single family homes. The plan is creating an island with the townhomes. Langhorst suggested moving the townhomes next to the park so it would not have any adverse impact. Another point is the elevations for sewer and water. There are severe L:\04 FILES\04 PLAN COMMIS\04 pc Minutes\MN080904.doc 2 Planning Commission Meeting August 9, 2004 terrains on the west side of the project. Langhorst said he put a lot of time and money into their home and property. He has no objections to the project however he objects to the townhomes next to his property. Jim Weninger, 2592 Spring Lake Road, said he has history with the area. He asked if the cluster homes meet the criteria. Moore explained they meet all the requirements. The project easily meets the density. Weninger felt a variance was required. Moore and Stamson explained the densities for R1. The overall density is 1.73 units per acre, well under the 3.6 unit requirement therefore a variance would not be required. Weninger felt the development should be totally single family. Weninger asked if the annexation areas have been totally annexed in. He also felt the City is setting a precedent with cluster homes. He pointed out the Commissioners have the authority not to approve this development. Weninger also questioned the trail systems linking through the Spring Lake Park. Atwood pointed out the trail and sidewalk system. Albrecht also addressed the trails. Weninger felt the proposed 30 boat slips were acceptable. He also pointed out the allowed 33 boat slips in the Township Resolution should be recognized. The sidewalks in his opinion should go to the development park. He felt the sidewalks and crosswalks were not brought up to date. Weninger stated the developers are out to make money. The proposed development plus a rerouting and development of County Road 12 will make life will be very difficult for the residents during the construction period. Weninger said the cluster homes were a surprise to him. Prior Lake already has many nice townhomes. If higher density is allowed, a trend will be started. More single family homes are needed. The only homes affordable in Prior Lake around $200,000 are either townhomes or older 50's homes. Dustin Kern, Arcon, responded Weninger's crosswalk issue is being looked at. The underpass will not work. They are concerned as much as anyone. The construction traffic will be through the Tollefson project to the north. The City and County are aware of the alternative accesses. The last issue on the townhome concern is the green space. He is aware of the negative perception on townhomes but as a developer these homes will be substantially higher priced. They are also topography driven, not just a single family development, it will give more opportunities to all. Lemke questioned the screening to the west of the project. Kern presented the preliminary tree plan with the additional screening and buffering noting it will be maintained by the Homeowners Association. Paul Hofslien, 1896 165th St., asked for clarification on the outlots. Moore and Kern responded with the purposes and proposals. Kern said there would be an overall homeowners association for the entire Stemmer Ridge development. The townhome area will also have a separate association to meet their needs but still part of the overall association. L:\04 FILES\04 PLAN COMMIS\04 pc Minutes\MN080904.doc 3 --"... <-""""""~~""'"'~"",-",,,,,_,",.,o ..."''--',. oM~' """ ~""_"", ,_, ,. """"'~,.,.,~...;'N"'".,~,_,~;,,,'.,._,._.,,,~~,,.,,._w~c""'."'_"~"".~.._._~~"d"'_"_'~"""'~_~_~~""""'"_""~,,,,,,,,,,,,,_"'0 _ '-'''"''''~~''''''''~'" ~",.,~.,..~.. Planning Commission Meeting August 9, 2004 Stamson questioned how the boat slips will be assigned. Kern said they are looking into it and are open to suggestions. They are limited but would like to get a layout that would not encompass more of the lake. Kern noted the annexation resolution allowed 33 slips, however Kern said the developer felt 30 was a better number at this time. They were thinking of two sets of 15 slips from a layout perspective. Hofslien asked the Commission if they knew the townhome ratio to single family was being met for Prior Lake. Why not have the townhomes in the development away from the rest of the single family homes? The connection between 165th Street and this development is a concern. There are conflicting reports. The bigger concern is construction traffic going down 165th. If the road goes through the Tollefson property there should be signage indicating the residential area. Albrecht said the City has no plans at this time to access through that area and went on to explain the County's concern and plan. Steve Pierson, Spring Lake Township Board, 20740 Addison Drive, said the street connection matter is on the Township meeting agenda to vacate. The cluster homes is a new concept to him and was assuming it was going to be single family. Although it is accepted in the City Ordinances, it would be a smoother transition from the 2 12 acre lots to single family rather than the cluster homes. There as an agreement with the Township on the boat slips although the DNR would allow more. Would like to take a closer look at the higher density housing. Jodi Langhorst, 1985 165th Street, wanted to object to the location of the townhomes. There would be 20 homes in a small area right next to their home. It would be a better placement near the park. They bought the second lot in the Autumn Acres development to be in the country. They lived in the city and chose to relocate to a larger space. If the sewer connection does not work, it will create significant problems for their property. Page 8, Section 7, suggests and requires the Planning Commission take into consideration of the neighborhood character. The entire subdivision of Autumn Acres is single family. Langhorst also noted their subdivision does not have sidewalks. There will be significant traffic going to the park. Safety should be considered. Langhorst said there is an existing natural tree line between the subdivisions. It sounds like the developer is going to take out the existing trees and then replant new trees. Hopefully they can be preserved. This is a money-making project so please reconsider the townhome location. Jason Cordes, 1970 165th Street, echoed his concern with the natural tree line between the properties. Arcon's open house representative told the residents those trees would not be removed. Cordes' concern was for the tree preservation and additional landscaping. Cordes also commented on the County's ordinances and annexation. He did not want high density in this project as it does not fit into the neighborhood. L:\04 FILES\04 PLAN COMMIS\04 pc Minutes\MN080904.doc 4 Planning Commission Meeting August 9, 2004 Kern addressed the tree concerns. They try to save as many trees as possible. He said they would meet with the neighbors As far as the townhomes, they did not want to cause undue hardship. They didn't have any changes on the east side of the collector street. They looked to the market and adjusted the homes as presented. The Comp Plan also dictates a variety of homes. They are down 25 to 30 homes as allowed. Arcon is not trying to build lower quality homes. Albrecht pointed out the grading and tree removal stating the City is sensitive to removing trees. He also explained 165th Street is a township street and Prior Lake has no authority to connect. There is no need to connect. Randy Langhorst questioned the sewer and water connection. Albrecht responded. Atwood questioned the age of Autumn Acre development. The residents responded it was 3 to 6 years. Atwood asked the developer to address the townhouse location. Kern said he would like to reconsider the townhouse area and keep the residents happy. Moore said this could be continued to the next meeting. Kern would like to meet with the residents and come back with a new proposal. Atwood said she would table the matter. Stamson said the public hearing will be closed at the next meeting. Steve Pierson, Spring Lake Township supervisor, said if a new proposal is presented how can there be a closed meeting. He felt it was inappropriate. Moore said the very earliest would be the second meeting in September. Kern said he knows they can work something out and stay on the schedule. Moore said the City Council can open to a public meeting. Stamson explained the normal preliminary plat process and time line. The Commissioners have an understanding of the neighbors concerns. The public hearing was closed at 8 :00 p.m. Comments from the Commissioners: Atwood: · Hats off to Arcon Development. This is a huge gift from the developer. · Aware of the financial constraints with the crosswalk. Safety is important. Try to be creative with the crosswalk. · Another gift is the tree line between Autumn Acres and Stemmer Ridge. Encourage the idea even if the townhomes are not going to be there. L:\04 FILES\04 PLAN COMMIS\04 pc Minutes\MN080904.doc 5 -''''~'''~'''''"'~''"''''''''-'''''''"^",,~,,".''*,,-,-,.-,,"..".. _._"......,......",....".."~..'~_"M.".__.,,,~,,~., _,' ... ."'"'"~,..""'-___~...___",.....,~.._..~.~...~_,,_"'w,...'",__..o/^....,..'v"'_~~~..,_"__~".,.~,,,....'~,,_,'~'.'_.....,....'-.......,""",....~.~~"'".".,~'., .. Planning Commission Meeting August 9,2004 · There will be short term headaches and inconveniences with the development construction traffic. · Agree with the trail system to the park. Lemke: · Agree with Atwood on many issues. · The density in the twin home area is not high density. The location may not be desirable so to say that is "high density" is not convincing. · Commend developer to work with the neighborhood. · The developer already made significant changes from the City and residents. · Looking forward to seeing what they come back with. Stamson: · The developer has done a fantastic job meeting all concerns. · Did not have concerns with the twin homes. Sometimes you get better developments with a mix of structures. There is really only 5 structures if you break that down to single family, it could be 8 structures. The overriding concern from the earlier proposal was the number of driveways. The twin homes was part of the solution with the smaller footprint. Would not want to go back to all the driveways with the grade and busy road. · If the developer can solve it with single family homes and everyone is happier, that's great. · Overall, it is a very good development. · The annexation area will automatically become Rl. If someone wants something different they would have to apply for a rezone and prove that it fits the area. . Stamson explained the density. · Support the plan - agree to table for two weeks. · The trail system is set up. This item was discussed previously and the Park people wanted to control their trails. · The Conditional Use Permit could be dropped. MOTION BY LEMKE, SECOND BY ATWOOD, TO TABLE TO THE AUGUST 23, 2004 MEETING. B. Elevation of Prior Lak Trail. Planning Coor . ator Danette Moore presented the Planning n the office of the City Planning Department. L:\04 FILES\04 PLAN COMMIS\04 pc Minutes\MN080904.doc 6 Planning Commission Meeting August 23, 2004 The development proposal included 33 dwelling units on 23.65 acres. The Plannin Commission conducted a public hearing on this item on July Following the lose of the public hearing, the Commission discussed the related to the pr osed development: · Reduced . de yard setbacks and minimum lot sizes. · Unanswere drainage issues and possible impact n the fen. · Questions rela d to the development not mee' g the criteria of a Planned Unit Developme . , 2004. lowing issues The Commissioners requested t developer sub It new plans and information addressing the above items. On Monday, August 9, 2004, the staff eived additional information addressing the items listed above. The applicant ha if rawn the request for a Planned Unit Development Preliminary Plan IS conti ing to address issues related to drainage, lot layouts, and dedicated parklan . These revisl s have not been submitted at this time, so this request should be conti ed. 'ndicated ayes by all. MOTION CARRIED. MOTION BY MKE, SECOND BY RINGSTAD TO ER 13,2004. * B. Cases #04-77 & 04-78 Arcon Development has submitted an application for preliminary plat consisting of 82.47 acres to be subdivided into 81 lots for residential development to be known as Stemmer Ridge. This property is located on the north side of CSAH 12, directly west of Spring Lake Regional Park in Section 4, Spring Lake Township. Planning Coordinator Danette Moore presented the Planning Report dated August 23, 2004, on file in the office of the City Planner. At the August 9, 2004 Planning Commission meeting Arcon requested approval of a Preliminary Plat to allow the subdivision of 82.89 acres for 69 single family homes and a Conditional Use Permit that would allow for 20 cluster homes. Since that time the majority of the development has remained unchanged, however the one significant change is the withdrawal of the Conditional Use Permit which would have allowed the 20 cluster townhomes. Instead the revised plans now call for 12 single family lots as many of the neighbors and people who spoke at the August 9 public hearing requested. The request now is for a Preliminary Plat to subdivide the area into 81 single family lots. The L:\04 FILES\04 PLAN COMMIS\04 pc Minutes\MN082304.doc 11 Planning Commission Meeting August 23, 2004 revised density of the site is now 1.57 units per acre which is consistent with the uses of the R1 district. Arcon Development submitted a letter dated August 23,2004, requesting the removal of condition 11 requiring Lot 29 be removed from the current plan. Staff and developer will review prior to City Council consideration. Staff recommended approval of the plat. Atwood questioned the removal of the 4 lots. Moore responded the applicant is working with staff and the development to the west. Dustin Kern, representing Arcon Development, said they met with the neighbors and revised the plan. There will be more revisions including Lot 29 however, if they can not meet the ordinance they will drop it. They are crunched for time and wanted to work with staff on the revision. Comments from Commissioners: Lemke: · Questioned condition 11. Moore said it was up to the Commissioners. · Not concerned with this developer. He worked with the neighbors. · Liked the concept 2 weeks ago. Have no doubt the developer will work with the City. . Support. Ringstad: . Agreed with Lemke's comments. · Lot 29 will be worked out. . Support. Atwood: . Agreed and look forward to seeing the reconfiguration. Perez: · Agree with Commissioners. Saw the meeting on cable and the neighbor's comments. · Feel comfortable sending this to City Council. Stamson: . The applicant will meet the conditions. . Support. MOTION BY LEMKE, SECOND BY PEREZ, TO APPROVE THE PRELIMINARY PLAT OF STEMMER RIDGE SUBJECT TO THE LISTED CONDITIONS WITH CONDITION 11 AMENDED AS INDICATED. Vote taken indicated ayes by all. MOTION CARRIED. L:\04 FILES\04 PLAN COMMIS\04 pc Minutes\MN082304.doc 12 DATE: July 1,2004 TO: Jane Kansier, Planning Coordinator FROM: Larry Poppler, Assistant City Engineer CC: Steve Albrecht, City Engineer RE: Stemmer Ridge (City Project #03-34) The Engineering Department has reviewed the preliminary plat for the subject project and we have the following comments: General 1. Show the City project # 03-34 on all plan sheets 2. Add easement line type to the legend. Drainage swales will require easements. 3. The park area does not appear sufficient, the pond takes up the bulk of the park site. Include Block 6, Lots 1-4 as parkland. Ponding within the park does not count toward the parkland. 4. It is unclear whether the development would have a dock on Spring Lake. If docks are proposed on Spring Lake, show the configuration and number of slips. GradinQ and Erosion Control 1. Grading appears to be shown beyond the property lines. Show the property lines and construction limits. An agreement with the property owners must be in place for this grading. 2. Provide 50 scale for the grading plan. Due to the topography of the site the contours are difficult to read at 100 scale. 3. Grading, pond construction, and wetland mitigation appears to be coordinated with the CSAH 12 reconstruction. 4. The slope appears to exceed the 4:1 maximum as specified in the Public Works Design Manual in various areas throughout the project. 5. Indicate the top and bottom elevations for all retaining walls. Walls exceeding 4 ft should be designed by an engineer, include a fence, and must have a building permit. 6. Show contour lines a minimum of 200' beyond the property lines. 7. The erosion control plan will be reviewed when the final grading plan is submitted. Rock construction entrances will be necessary. L:\04 FILES\04 SUBDIVISIONS\04 PRELIM PLAT\Stemmer Ridge\Review 2 062304.DOC 8. Show a maximum grade of 2% in the usable parkland. The steep grades may not be conducive to future park expansion to the west. 9. Provide a drainage easement for Block 3, Lot 26 for drainage of Lot 25. 10. Show maintenance routes to the proposed pond and infiltration areas. The maintenance route should be 10 feet wide with a maximum grade of 80/0 and should be paved or other hard surface. 11. Show the trail locations on the grading plan. Hydroloaic/Hydraulic and Water Quality 1. Show emergency overflow locations and arrows indicating the flow direction. 2. The drainage area maps were copied incorrectly and do not show the drainage areas. A thorough hydrologic review will be performed once the maps are corrected. 3. Show the wetland buffer signage on the grading, drainage and erosion control plan. 4. Infiltration basin C is shown outletting to the west. A drainage and utility easement will be necessary for this outlet. Erosion control measures may be necessary on the adjacent parcel. 5. Infiltration basin D shows does not directly collect drainage. We are concerned that this infiltration basin will serve no purpose. 6. Show documentation showing how the curve numbers were determined. 7. Provide documentation showing a breakout of the impervious surfaces for verification of the ponding calculations. 8. Provide preliminary drainage information for CSAH 12. Utilities 1. Show the proposed utilities on CSAH 12. Utilities are shown ending at the intersection of Street A and CSAH 12. 2. Street A and Street C will require oversizing for utilities, 16" watermain on Street A and Street E, 12" sanitary on Street A and Street E. 3. Show 21" future forcemain on Street A from the lift station to the north property line. 4. Show storm sewer pipe sizes. The minimum storm sewer pipe size shall be 15". 5. Show additional manholes for sanitary sewer around corners in the street. L:\04 FILES\04 SUBDIVISIONS\04 PRELIM PLA T\Stemmer Ridge\Review 2 062304.DOC 2 ~,,",--... .' _,~"'"_"_"','i_~"""~___""'",,_, .,..,,,~~~....:,.~,,......__..--...,~_..,..'.--....,..'~_,",,-_,.,.~~._,,,,,,~_-........--...~.".....,..........,.,'-.._"...",.,,_....._-.;,_-=',."''''''.''''''''..._.~.,~...,....".''~,.--'''6._~^""",_",.,~_~'.",.-...o-_.._,_,_.~_,,_,._ 6. A storm manhole shall be used at street intersections to connect the storm sewer catch basins. 7. Show temporary 6" forcemain on CSAH 12 from the lift station. 8. The sanitary sewer on Street F from Street A to the property line should be installed at minimum grade. 9. The sanitary sewer should be 954.6 at the property line at Street E. 10. The sanitary sewer is too close to the buildings on lots 9 and 10 for block 8. 11 . Show lift station location. The area needed for the lift station should be 50 feet by 50 feet. City suggests area immediately west of infiltration basin D. 12. The proposed sanitary sewer depth on Street F does not appear deep enough to serve the cul-de-sac to the west. Revise the sanitary so that this area can be served. The invert elevation at the property line should be 954.8. 13. The proposed sanitary sewer depth on Street G does not appear deep enough to serve Lots 1 and 2 of Block 10. 14. It should be noted on the storm sewer profiles that the last 3 joints of all storm sewer pipes shall be tied. 15. Environmental 3' sumps shall be used at the last structure prior to storm water discharging into any body of water. Streets 1. Temporary cul-de-sacs will be necessary at the ends of Street A, Street B, Street E, Street F and Street G. 2. Street B, Street C, Street E, Street F and Street G should be constructed to 32 foot wide. Provide 60 feet of right of way for these public streets. 3. Show 2 }'2" bituminous base course consistent with the Public Works Design Manual. The collector street (Street A) will require more than 6" of class 5 aggregate. Provide soil boring information and pavement design for the streets. 4. Street A should be designed for a 9 ton limit and have B618 concrete curb and gutter. 5. Show proposed driveway locations. The maximum driveway slope is 100/0. 6. Street H should be private. 7. The Developer will need to provide right of way for Street G at the exception. 8. Provide horizontal curves for Street C that meet 30 mph design speed. 9. Show proposed street concept design beyond the property lines for streets A, B, E, F, and G. The Engineering Department will provide more detailed comments as this project moves ahead towards final design. L:\04 FILES\04 SUBDIVISIONS\04 PRELIM PLAT\Stemmer Ridge\Review 2 062304.DOC 3 16200 Eagle Creek Avenue S.E. Prior Lake, MN 55372-1714 INTEROFFICE MEMORANDUM TO: FROM: RE: DATE: PLANNING/ENGINEERING Ralph Teschner, Finance Director 111 / STEMMER RIDGE - preliminary ~ (assessment/fee review) July 13, 2004 PIN # 25 904 006 0 & 006 2 are being proposed to be developed as Stemmer Ridge. This area has received no prior assessments for City municipal utilities. Since utilities are available to the property site, the cost for the extension of services internally will be the responsibility of the developer. In addition to these improvement costs, the subdivision will be subject to the following City charges: Park Dedication Collector Street Fee Stormwater Management Fee Trunk Sewer & Water Fee $2670.00/unit $1500.00/acre $2943.00/acre $7 I 30.00/acre The application of these City charges would generate the following costs to the developer based upon a net lot area calculation of 51.05 acres (excludes Outlots A, B, G & county ROW) of single family homes as provided within the site data summary sheet of the preliminary plat. Park Dedication Fee: Land: 3.96 acres (72% of dedication requirement) Collector Street Fee: 51.05 acres @ $1500.00/ac = $76,575.00 Storm Water Mana2ement Fee: 51.05 acres @ $2943.00/ac = $150,240.00 Trunk Sewer & Water Char2e: 51.05 acres @ $7130.00/ac = $363,987.00 Assuming the initial net lot area of the final plat does not change, the above referenced park dedication, 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. H: \SPLITS\Slemmenidge. doc www.cityofpriorlake.com Phone 952.447.4230 / Fax 952.447.4245 16200 Eagle Creek Avenue S.E. Prior Lake, MN 55372-1714 December 6, 2004 Mr. Dustin Kern Arcon Development, Inc. 7625 Metro Blvd. #350 Edina, MN 55439 RE: Stemmer Ridge CSAH 12 Improvements Cost Share Letter of Understanding Dear Mr. Kern: The purpose of this letter is to detail the responsibilities for costs and reimbursement of the costs associated with the construction of CR 12 through the Spring Lake Park and Stemmer Ridge properties being developed by Arcon Development ("Developer"). The basis for this letter is the meeting held August 18th with Bud Osmundson and Greg Hkka. Please note that the purpose of this letter is to provide a framework for the cost reimbursement of CR 12 improvements done by the Developer that benefit the City and County. This letter is not intended to create a legally binding agreement. Furthermore the Developer understands that until the Prior Lake City Council and Scott County Board approve a Cooperative Agreement for cost reimbursement that no agreement exists. Any work completed prior to execution of the Cooperative Agreement is done at the Developer's risk. Cost Reimbursement: No reimbursement shall be made to Arcon Development until the Prior Lake City Council has approved the Final Plat and Development Agreement. Fees for oversizing of utilities shall be reimbursed to Arcon Development in accordance with the Development Agreement with the City. The City and Scott County shall enter into a Cooperative Agreement for repayment of the costs associated with road construction on the Spring Lake Park Property and other costs approved for reimbursement incurred by the Developer. This Cooperative Agreement will need to be approved by the Prior Lake City Council and Scott County Board prior to any cost reimbursement. The cost for all proposed improvements shall be provided to the City and County for review and be agreed upon with the Developer prior to the City and County entering into a Cooperative Agreement for reimbursement. Reimbursement of costs incurred by the Developer will be detailed in the Cooperative Agreement and Development Agreement. Spring Lake Park Property 1) Permits: The Developer shall be responsible for obtaining the following permits: MPCA NPDES, MPCA Sewer Extension, MDH Watermain Extension, and Prior Lake Spring Lake Watershed District (PLSLWD) Permit. The County will provide necessary technical information for CR 12 portion of the PLSL WD Permit. www.cityofpriorlake.com Phone 952.447.4230 / Fax 952.447.4245 RE: Stemmer Ridge CSAH 12 Improvements Cost Share Letter of Understanding December 6, 2004 2) Final Design/Construction Plans/Specifications: The Developer shall be responsible for the Final Design, Construction Plans and Specifications for this segment of CR12. The County and City must approve the plans prior to construction. 3) Street and Storm Sewer Construction: The Developer shall be responsible for the costs of grading this segment of CR12 to subgrade elevation. The County shall be responsible for any sub grade corrections required for grading of this segment. The amount of reimbursement for sub grade corrections shall be agreed upon in the Cooperative Agreement. The Developer shall not be reimbursed for any sub grade correction work above and beyond the agreed upon amount unless approved by the County. The Developer shall be reimbursed by the City through the Cooperative Agreement with the County for construction of the street, storm sewer and traiVsidewalk costs upon acceptance of the improvements. 4) Existing CR 12 Bituminous Removal: The Developer shall be reimbursed by the City through the Cooperative Agreement with the County for removal and disposal of the existing CR 12 bituminous surface upon completion of the work. 5) Sanitary Sewer and Wateimain: The developer shall be responsible for the costs of connecting too and extending sanitary sewer and watermain through this segment of CR 12. The City will reimburse the Developer as part of the Development Agreement for oversizing of the watermain from 8-inch to 16-inch and sanitary sewer from 8-inch to 10-inch. Stemmer Ridge Property 1) Permits: The Developer shall be responsible for obtaining the following permits: MPCA NPDES, MPCA Sewer Extension, MDH Watermain Extension, Prior Lake Spring Lake Watershed District (PLSL WD) Permit. The County will provide necessary technical information for CR 12 portion of the PLSLWD Permit. The County will obtain the wetland mitigation permits for this segment of CR 12. 2) Final Design/Construction Plans/Specifications: The Developer shall be responsible for the Final Design, Construction Plans and Specifications for this segment of CR12. The County and City must approve the plans prior to construction. 3) Street and Storm Sewer Construction: The Developer shall be responsible for the costs of grading, street, storm sewer and trail/sidewalk construction for this segment of CRI2. The County shall be responsible for any sub grade corrections required for grading of this segment. The amount of reimbursement for sub grade corrections shall be agreed upon in the Cooperative Agreement. The Developer shall not be reimbursed for any subgrade correction work above and beyond the agreed upon amount unless approved by the County. 4) Existing CR 12 Bituminous Removal: The Developer shall be reimbursed by the City through the Cooperative Agreement with the County for removal and disposal of the existing CR 12 bituminous upon completion of the work. 5) Sanitary Sewer and Watermain: The Developer shall be responsible for the costs of connecting to and extending sanitary sewer and watermain through this segment of CR 12. The City will reimburse the Developer as part of the Development Agreement for installation of the 21-inch forcemain and oversizing of watermain from 8-inch to 16-inch and sanitary sewer from 8-inch to 10-inch. 6) Wetland Mitigation: The Developer shall be reimbursed by the City through the Cooperative Agreement with the County for wetland mitigation required on the Stemmer Ridge property as stipulated by the approved wetland mitigation permit. 7) Stormwater Pond Construction: The CR 12 contribution to the proposed stormwater pond on the Stemmer Ridge Property has been estimated to be 24% of the total grading required. The G:\PROJECTS\2003\02_CSAH 12 alignment\Letter of Understanding 9204.doc -2- ~~"""""'"=.~~....-'~...,~'--~.........._._,..,.,-"-_.._,...~........,._,_"."""'__,__'.""'~"'"'"~U_"."'''''''~''.''~'_"'''_''''''''~''''''''_'''''''._''~'___._,'''''_'W.,"_ _"_"."v,,_."".....<.~.~_,~"..""',.,..._~_,',',,.","'~._,.,."__.,_~'___-.......'~__~,_-+---___,,__--..... ,_,_..~__<__..,__.........~..~,~ RE: Stemmer Ridge CSAH 12 Improvements Cost Share Letter of Understanding December 6, 2004 Developer shall be reimbursed by the City through the Cooperative Agreement with the County for 24% of the agreed cost for the stormwater pond and outlet facilities. Right-of- Way and Easement Acquisition Scott County will be responsible for the acquisition of all easements and right-of-way required for construction of CR12 from the eastern side of Spring Lake Park to the western edge of the Stemmer Ridge Property for construction of the roadway and associated facilities. All right-of-way and easements required for CR 12 on properties under the ownership of Arcon Development shall be dedicated during the plat process for public use with no compensation to the Developer from the County. The Final Plat will set this out as a condition in its resolution approving the plat. Timing of Improvements The Developer will be permitted to begin grading of the CR 12 roadway after obtaining the required preliminary plat approval and permits in accordance with City requirements. Construction of street and utility improvements will not be permitted until the final plat and Development Agreement with Arcon Development have been approved and signed by the Developer and the City. Additionally the Developer must provide all financial securities and permits required in the Development Agreement to the City. Upon approval of the preliminary plat the City and County Staff will prepare a Cooperative Agreement to be approved by the City Council and County Board at the same time as the Final Plat and Development Agreement. Please contact me at (952) 447-9831 if you have any questions or concerns regarding this letter. Sincerely, ~~)IIl Stephen A. Albrecht, P .E. City Engineer CITY OF PRIOR LAKE cc: Bud Osmundson, P.E., Public Works Director Greg Ilkka, P .E., Scott County Engineer G:\PROJECTS\2003\02 _ CSAH 12 alignment\Letter of Understanding 9204.doc - 3 - """"~,,~""-'"._,~~......"~-- ~...-._"",.~"",..""".......".".-........................,."".,+,....._.,",~..,._.,.~-.........~..........~~__""".~,,_.'_....,~<,.;."'. - ..,.~.;~'.k_~~.,.,_.~,...__....... .C,_""'",,"",, .,~~ "'"'_._...~.~.._'-"='.."'."'.... o~..........,,_ ~.,. ,~,~.,_~"~_';>O""-..._..""=;___,.,.~."".._..~~~...,'~ ,..."."......._......."'".... .. ... ~ ~ (J NOD jw ~~ ~ i . ~ *~ b ~ 1. ~~ J 1 ~ rJ,!. ! i~ h ~ ; r : ~ ~~ .1 ' 5! ~ .i c ,} ~" Z 0 - ~ f-c ~ ~ j u ~~ :::J ~ ! ~~ ~ en 0 u ~ 0 ~ \ ,\ i '1 I , '-"~..,J). 'J~3 '-, I, j, r (J /' /", , '\,.,...v/;,/rl/()//! il,I'/ . ')I(j/;:// :~!W! j ! IT! / /' (,\ ,I I' J ,'\f?!~W;:7j/ '('i~~ i r (I //">~:~ ~\\. r \ (1(1,"',' i'/if' 1/ 1/"/)!/: j : U"'~\'\ .nil I i;.. .~ 2! ~~ ,\'(// ! ! 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