HomeMy WebLinkAboutSept 8 1992~NNE~~
"~.02CC"
AG~.NDA NUMBER:
PREPARED BY:
SUBJECT:
DATE:
INTRODUCTION:
BACKGROUND:
DISCUSSION:
6
DEB GARROSS, ASSISTANT CITY PLANNER
CONSIDER REZONING AND COMPREHENSIVE PLAN
AMENDMENT FROM JIM AT,mN (WESTBURY PONDS)
SEPTEMBER 8, 1992
The purpose of this hearing is to consider an
application from James E. Allen, Allen Homes,
12433 Princeton Avenue South, Savage, MN
55378, to rezone and amend, the comprehensive
land use plan for the subject site commonly
known as the "Simpkins Farm," The specifi~
request is to amend the comprehensive land use
plan map to change approximately 60 acres of
medium density residential land use to low
density land use. Subsequently, the applicant
requests that 16 acres of B-3, General
Business "Contract Zone" and 30 acres of R-3,
Multi-Family _Residential zoned property be
rezoned to R 1, Single Family Residential, in
order to bring the zoning and land use plan
into compliance. The applicant does not
propose to rezone any of the 14 acres of land
currently zoned C-1, Conservation. See
attached Exhibits A and B for the respective
application forms.
The subject site consists of approximately 60
acres located west of Five Hawks Elementary
School, north of S.T.H. 13 and 170th Street
and east of The Willows Sixth Addition
subdivision. See Exhibit C for the subject
Site area location map. The history of the
parcel including previous zoging and
development proposals is outlined in Exhibit
D, prepared by R.P. Smith. The analysis is
complete therefore staff will not expand upon
the historical issues relative to this
application. A copy of the Planning
Commission agenda report is attached for
further reference. See Exhibit E.
The Planning commission held the public
hearing for the comprehensive plan amendment
and reZoning on August 6, 1992. A copy of the
minutes and attendance sheet ara attached as
Exhibit F.
4629 Dakota St. $~. Pdor La~ M~a~om 55372 I Ph. (612) 447-4230 / Fax (612) 4474245
The public hearing was attended by nineteen
residents. Notice of the public hearing was
published in the Prior Lake ~erican, mailed
to 200 residents, adjacent governmental units
and signs were posted on site indicating that
the ~ropert¥ is under consideration for
rezonlng. Please note that this hearing does
not .constitute a hearing on the actual
subdivision. Upon successful completion of
the comprehensive plan amendment and rezoning,
it is the intent of Mr. Allen to file an
application for subdivision of Westbury Ponds.
Staff requested that the applicant provide a
concept drawing indicating that it is possible
to subdivide the property into single family
homes as per the rezoning request. The
applicant has been working with staff for
approximately six weeks in anticipation of
~ubmitting a subdivision proposal. Exhibit G
indicates the concept plan submitted to the
Planning Commission on August 6, 1992. The
concept plan has been changed to address some
of the issues presented at the public hearing
and the revised concept plan is labeled
Exhibit H. Please be advised that staff has
not reviewed the concept plan in terms of the
subdivision ordinance. More extensive
materials and a complete application are
necessary prior to the formal subdivision
review process. It is li~ely that the concept
plan will be changed during the subdivision
process after input is received from
neighborhood meetings, future public hearings
and input from affected governmental units.
The Planning Commission and residents in
attendance discussed the importance of park
and trail systems through the site to connect
to the elementary school. Residents were
concerned about increased traffic and
questioned when future road connections to
Five Hawks Avenue, and D~luth Avenue would be
constructed. The majority of comments
concerned the proposed concept plan. The
audience was in general, supportive of the
downzoning from R-3 to R-1. However, several
residents were concerned about rezOning the
commercial property. Staff informed the
attendees that the B-3 zone is not a true
business zone but is in fact, limited by a
contractual agreement which permits only a
handful of uses in the district. Staff also
ALTERNATIVES:
RECOMMENDATION:
advised the audience that the City is in the
process of developing a business office park
and anticipates future commercial development
to take place on existing land in the Highway
13 corridor, and in other areas identified in
the draft 2010 Comprehensive Plan. Following
the explanation, the audience appeared to be
satisfied with the request to rezone the
contract zone to R-1 Single Family
Residential. The specific comments offered by
members of the audience are reflected in the
Planning Commission minutes (Exhibit F).
Affirm the decision of the Planning
Commission to rezone and amend the
comprehensive land use plan as requested
by the applicant.
Table the issue for specific reasons.
Deny one or both of the applications for
specific reasons.
Alternative #1
"Motion by Arnold( second by Wuellner, to
recommend to the Czty Council the approval of
for
the amendment to the comprehensive plan
Westbury Ponds from medium density to low
density residential and that the zoning map
s~ould be amended to reflect a rezoning of the
site from R-3, Multi-family residential and
B-3.General Business to R-l, Single Family
ResIdential. Rationale being that low density
residential is consistent with the
neighborhood and the level of infrastructure
available to the site and the zoning should be
amended to reflect the change in land use
designation to be consistent with the
Comprehensive Plan."
Staff recommends that the Council place two
conditions upon approval of the rezoninq
application:
me
The rezoning should be contingent upon
receipt of Metropolitan Council
authorization to amend the.. comprehensive
plan.
The applicant should be required to
submit a n~w legal description of the
existing R 3 zoned property proposed to
be rezoned t? R-1. The legal description
submitted with the application and
published, incorrectly identified the
150' x 1,050' strip of C-1, Conservation
ACTION REQUIRED:
land located along the west side yard
line of the School District property, as
land.
R-3, Multiple Residential zoned
The applicant_does not propose to rezone
any of the C 1, Conservation district.
The published legal noticeis valid
because the property description
encompasses the entire subject site.
However, the applicant must provide a
corrected legal description of the site
proposed to be zoned R~I. That legal
description will consist of the published
R-3 metes and bounds description,
excluding the 150' x 1,050' strip of C-1,
Conservation District land. Staff will
incorporate thecorrect legal description
into Ordinance form, to be formally
adopted by the City Council at a later
date.
If it is the decision o~ the Council to
approve the rezoning, a motion is in order.
Please note, that the rezoning should be
contingent upon condition? I and 2, outlined
above. A separate motion to approve the
comprehensive 1and use change is recommended.
~IDJ 2~qN?IN~-N
~ 25903001-0
APPLICATION FORAME~TTOCITYCODE, ~0MPPLANORCITYOI~DINANC~
Applicant: James E. Allen
Address: 12433 Princeton Avenue
S~uth
~c~e Phone.. 890 4152
Work Phone: 894 1888
Keying,; M~ 55%78
Section of Ordinance or Comp Plan Amendment
is Bequested for: w..~h,,ry pe.d_~
Describe Amendment:
See Submittal
R.P. Smith Land Plannin~ Cmn~,,ltmnr~: Imf 861 6940
3nog Wear 70 )/2 gtr,mt RirhF~.ld; MN. 55ATq-?R46
l~asonsfor the~=questJ (May ~tach) Rezone existin~ R3 & BM tn
..R1 Single Residential
..Amendment comprehensive Land Use Guide Plan that will ahanER
desiRnation medi~ to low ~ensity reaid~nt~ml
(A.) Completed application form. (B.) Filing Fee. (C.) Parcel Identification
Number (PID). (D.)Certified Survey and Names of Property Owners Certified by an
Abstract Company if Required by the Director of Planning.
O~Y COMPETE APPLICATIONS SHALL BE REVIM~;~D BY THE PLANNING (/~MMISSION.
TO the best of my knowledge, the information presented on this form is correct.
In addition, I have read Section 7.9 of the City Zoning Ordinance which
specifies the requir~ments for amendments. I agree to provide information and
follow the procedures as outlined in the Ordinance,
~ppl~can~s Signature
~e O~-er~' Signature ~
THIS SMCTIO~ TO BE FILL~) OUT BY THE PLANNING DIRMCTOR
(DI~)ITIONS:
Signature of the Planning Director
I~te
EXHIBIT A
NOTICE OF PUBLIC HEARING
FOR
COMPREHENSIVE PLAN AMENDMENT
You are hereby notified that a public hearing will be held by the
City Council in the Prior Lake Council Chambers at 4629 Dakota
Street S.E. on: Tuesday, September 8, 1992 at approximately
7:30 p.m., to consider an application by Jim Allen/Westbury
Ponds, to amend the Prior Lake Comprehensive Land Use Plan. The
proposal is to amend the Land Use Plan to change approximately 60
acres of land from a Medium Density Residential to Low Density
Residential Land Use. The subject site is located east of Willow
Lane and north of 170th Street.
PROPERTY DESCRIPTION:
That part of the West Half of the Southwest Quarter of Section 2,
Township 114, Range 22, Scott County, Minnesota and that part of
the Southeast Quarter of the Southeast Quarter of Section 3,
Township 114, Range 22, Scott County, Minnesota and that part of
Government Lot 1, of said Section 3, described as follows:
Commencing at the southwest corner of said West Half of the
Southwest Quarter; thence northerly along the west line of said
West Half of the Southwest Quarter a distance of 990.50 feet;
thence easterly at right angles to said west line a distance of
150.78 feet to the point of beginning of the land to be
described; thence continuing easterly at right angles to said
west line a distance of 800.00 feet more or less to the west line
of the east 366.00 feet of said West Half of the Southwest
Quarter; thence southerly along said west line of the east 366.00
feet to the northerly right-of-way line of State Trunk Highway
No. 13; thence southwesterly along said northerly right-of-way
line to its intersection with the east line of the west 820.00
feet of the Southeast Quarter of the Southeast Quarter of said
Section 3; thence northerly along said east line of the west
820.00 feet to the north line of the south 390.00 feet of said
Southeast Quarter of the Southeast Quarter; thence westerly along
said north line of the south 390.00 feet to the west line of said
Southeast Quarter of the Southeast Quarter the same being the
east line of the plat of WILLOWS SIXTH ADDITION: thence
northerly, easterly and northerly along the east line of said
plat to its intersection with the south line of the ~lat of GREEN
HEIGHTS; thence easterly along the south line of said plat of
GREEN HEIGHTS and the south line of the plat of GREEN HEIGHTS
FIRST ADDITION, to the west line of Lot 14, SPRING BROOK PARK
2ND ADDITION; thence southerly along said west line to the
southwest corner of said Lot 14; thence easterly along the south
4629 Dakota St. S.E., Prior Lake, Minnesota 55372 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY FJ~PLDYER
line of Lots 14, 13, 12, 11, 10, 9, 8, 7, 6, and 5, of said plat
of SPRING BROOK PARK 2ND ADDITION to the southeast corner of
said Lot 5; thence northerly along the east line of said Lot 5,
to the northeast corner, the same being the northwest corner of
Outlet A, of said plat; thence easterly along the north line of
said Outlet A, to the northeast corner; ~hence southerly along
the east line of said Outlet A, the same being the west line of
Lot 4, of said plat to the southwest corner of said Lot 4; thence
easterly along the south line of said Lot 4, a distance of 30.00
feet; thence northeasterly to a point distant 1090.00 feet
northerly (as measured parallel with the west line of said West
Half of the Southwest Quarter) from the point of beginning;
thence souther%y along said.parallel line.a distance of 1090.00
feet to the point of beginning. (Containing 59.80 acres).
If you desire to be heard in reference to this matter, you should
attend this public hearing. The City Council will accept oral
and or written comments. If you have questions regarding this
matter, co%tact the Prior Lake planning Department at 447-4230.
Assistant City Planner
City of Prior Lake
DATE MAILED: August 31, 1992
!ill
ii
~', Applicant: James E. Allen
CI"rY OF PRIOR LAKE
APPLICATION FOR REZONIR~
25902102-0
25903001-0
Address.- 12433 Princeton Avenue South Savage. MN. 55378
Home Phone: 890 4152 ?ork Phone.. ~94 1888
Property Owner: William Simpkins Phone: 421 0876
Address.. 11140 West River Road ChamDlin, MN. 55316
Consultant: R..P. Smith Land Plannin~ Consultants,
Address.. ~nq w~ 7n 1/~ q~r~ ~1o~. MN_ 55~,23-28~.6
861 6940
Location of proposed rezoning:
Present Zoning: R~ &
Property Acreage
to be rezoned: 59.80
Intended use(s) of property:
Willow Lane and Hw~ 13 near 170th
Proposed Zoning: R 1
Existing use
of Property: V~c~n~
Stree~
Beasons for P~quest: Put single family subdivision in
Deed Restrictions: ~ NO
Yes If so, please attach.
Fas the Applicant previously sought to plat, rezone, obtain a variance or conditional
use permit o~ the subject site or any pert of it.' x No __.Yes What was
requested:
~3BMISSION RMOUIRfMENTS: (A)Complete application form. (B) Complete legal description
& ProDerty Identification Number (PID). (C) Filing fee. (D)Deed restrictions, if
necessary. (E)Fifteen copies of a site plan and Certified Survey, drawn to scale
showing existing and proposed structures, lot boundaries, foliage and toIx)graphy on
site and within three hundred (300) feet of the property. (F)Soil tests, if
pertinent. (G)Certified frown abstract firm the names and addresses of property
owners within 300 feet of the exterior of the property lines of the subject
property.
OR, bY COMPLETE AP~ICATIONS WTT.T. BE REVIflarfD BY THE PL~NG (/]~MISSION.
TO the best of ~y knowledge the information presented on this form is correct. In
addition, ! have read Section 7.9 of the Prior Lake Zoning Ordinance which specifies
recfJir~ents for rezoning procedures. I agree to provide information and follow the
pro~ttres as outlined in the ~Ordinance.
A~i i~a~,pG $ignatu~e /
~ Owners $i~{at[~e / ' r
Date
GObDIe'IONS ..
Date
Signature of the Planning Director
EXHiBiT B
"SU07PN"
NOTICE OF PUBLIC HEARING
FOR
REZONING
You are hereby notified that a public hearing will be held by the
City Council in the Prior Lake Council Chambers at 4629 Dakota
Street S.E. on: Tuesday, September 8, 1992 at approximately 7:30
p.m., to conside~ an application By Jim Allen/Westbury Ponds, ~o
rezone the following legally described property. The proposal ls
to rezone approximately 46 acres of land located east of Willow
Lane and north of 170th Street from R-3 Multiple Residential, B-3
General Business to R-i, Single Family Urban Residential.
DESCRIPTION OF AREA TO BE REZONED B-3 TO R-l:
That part of the Southeast Quarter of the Southeast Quarter of
Section 3, Township 114, Range 22, Scott County, Minnesota and
that part of the West Half of the Southwest Quarter of Section 2,
Township 114, Range 22, Scott County, Minnesota described as
follows:
Beginning at a point on the west line of said West Half of the
Southwest Quarter distant 990.50 feet northerly of the southwest
corner; thence easterly at right angles to said west line a
distance of 950.78 feet more or less to the west line of the east
366.00 feet of said West Half of the Southwest Quarter; thence
southerly along said west line of the east 366.00 feet to the
northerly right-of-way line of State Trunk Highway No. 13; thence
southwesterly along said northerly right-of-way line to its
intersection with the east line of the west 820.00 feet of the
Southeast Quarter of the Southeast Quarter of said Section 3;
thence northerly along said east line of the west 820.00 feet to
the north line of the south 390.00 feet of said Southeast Quarter
of the Southeast Quarter; thence northeasterly to the point of
beginning. (Containing 16.34 acres).
DESCRIPTION OF AREA OF R-3 TO BE REZONED TO R-l:
That part of the West Half of the Southwest Quarter of Section 2,
Township 114, Range 22, Scott County, Minnesota and that part of
the Southeast Quarter of the Southeast Quarter of Section 3,
Township 114, Range 22, Scott County, Minnesota and that part of
Government Lot 1, in said Section 3, described aS follows:
Beginning at a point on the west line of said West Half of the
Southwest Quarter distant 990.50 feet northerly of the southwest
corner; thence easterly at right angles to said west line a
distance of 150.78 feet; thence northerly parallel with said west
4629 Dakota St. S.E., Prior Lake, Minnesota 55372 / Ph. (612) 447-4230 ? Fax (612) 447-4245
,~ E~U^L oPPom-ut~rry ~LOYER
line a distance of 550.00 feet; thence westerly to the angel
point on the easterly line of Lot 9, Block 1, WILLOWS SIXTH
ADDITION, Scott County, Minnesota; thence southerly, westerly and
southerly along the east line of said WILLOWS SIXTH ADDITION to
its intersection with the north line of the south 390.00 feet of
the Southeast Quarter of the Southeast Quarter of said Section 3;
thence easterly along said north line to the east line of the
west 820.00 feet of said Southeast Quarter of the Southeast
Quarter; thence northeasterly to the point of beginning.
(Containing 29.94 acres).
If you desire to be heard in reference to this matter, you should
attend this meeting. Oral and written comments will be accepted
by the City Council. For more information, contact the Prior
Lake Planning Department at 447-4230.
Assistant City Planner
City of Prior Lake
DATE MAILED: August 31, 1992
I
EXHIBIT C
A SINGLE FAMILY DEVELOPMENT
WESTBURY PONDS
COMPREHENSIVE LANDUSE GUIDE PLAN AMENDMENT
ZONING ORDINANCE AMENDMENT
BY
WESTBURY DEVELOPMENT CORPORATION
JULY 28, 1992
R. P. SMITH
LAND PLANNING CONSULTANTS, INC.
(612) 861-6940
FAX 861-8084
EXHIBIT D
R.P. SMITH
LAND PLANNING CONSULTANTS, INC.
3009 WEST 70 1/2 STREET
RICHFIELD, MN 55423-2846
(612)861-6940
FAX 861- 8084
July 29, 1992
TO:
FROM:
City of Prior Lake
Honorable Mayor/City Council,
Planning Commission,
City Staff
ESTATE OF SIMPKINS
THRU:
WESTBURY DEVELOPMENT CORPORATION
12433 Princeton Avenue
Savage, MN 55478
RE. Comprehensive Land Use Guide Plan amendmentJ Rezoning Amendment.
Dear Mrs. Mayor Lydia Andren
:
This report constitute the written narrative and supportive graphics required by the City of
Prior Lake to be submitted, in conjunction with Westbury Development Corporation's proposal
to amend the Land Use Guide Plan and zoning ordinance, and obtain informal *Concept Plan"
review (collectively referred to as the application).
WESTBURY PONDS is a proposed 59.80 acre, proposed single family subdivision which will be
submitted by Westbury Oevelopment Corporation as a conventional preliminary plat upon
acceptance of this application by the City of Prior Lake.
We thank you for you consideration and for your review for this proposal.
President, / ·
R. Po Smith Land Planning Consultants, Inc.
On behalf of Westbury Development Corporation,
Simpkins Estate
% William Simpkins. Administrator
P.O. Box 176
Osseo, MN 55369
(612)421-0876
Westbury Development Corporation
12433 Princeton Avenue
Savage, MN 55378
(612} 894-1888
R. P. SMITH LAND PLN,~NING CONSULTANTS, INC.
3009 West 70 112 Slreet
Richfield, MN 55423-2846
(612)861-6940
FAX 861-8084
The Simpkins Estate and Westbury Development Corporation is requesting approval of this
Comprehensive Land,se Guide Plan amendment from Medium Density Residential to Low Density
Residential on 59.80 acres. The applicant also requests the rezoning of the parcel from R-3
high density residential and B-3 General Business back to R-1 Low Density Residential.
Westbury Development Corporation also petitions for the informal review of the attached 120
lot single family subdivision "Concept Plan".
PROJECT IDENTIFICATION
The subject parcel is located within the Five Hawks Neighborhood. Approximately 1620 feet of
the southerly border is on Highway 13, the remaining 822 feet of the southerly border is the
West Edge Estates. ~he entire west side of the parcel is the Willows Sixth Addition, a single
family subdivision. On the north side is the single family subdivisions of Spring Brook Park
and Green heights with a Type III wetland between. On the northeast is Five Hawks Elementary
School, and on the east across Five Hawks Avenue is the Faith Evangelical Lutheran Church.
Legal description prepared by Valley Surveying, Co. PA
Over all Legal Descrielion
That part of the West Half of the Southwest Quarter of Section 2, Township 114, Range 22,
Scott County, Minneseta and that part of the Southeast Quarter of the Southeast Quarter of
Section 3, Township 114, Range 22, Scott County, Minnesota and that part of Government Lot 1,
of said section 3, des~bed as follows:
3.
Commencing at the southwest corner of said West Half of the southwest Quarter; thence
northerly along the west line of said West Half of the Southwest Quarter a distance of 990.50
feet; thence easterly at right angles to said west line a distance of 150.78 feet to the point of
beginning of the land to be described; thence continuing easterly at right angles to said west line
a distance of 800.00 feet more or less to the west line of the east 366.00 feet of said West Half
of the Southwest Quarter; thence southerly along said west line of the east 366.00 feet to the
northerly right-of-way line of State Trunk Highway No. 13; thence southwesterly along said
northerly right-of-way line to its intersection with the east line of the west 820.00 feet of the
Southeast Quarter of the Southeast Quarter of said Section 3; thence northerly along said east
line of the west 820.00 feet to the north line of the south 390.00 feet of said Southeast Quarter
of the Southeast Quarter; thence westerly along said north line of south 390.00 feet to the west
line of said Southeast Quarter of the Southeast Quarter the same being the east line of the plat of
WILLOWS SIXTH ADDITION: thence northerly, easterly and northerly along the east line of said
plat to its intersection with the south line of the plat of GREEN HEIGHTS; thence easterly along
the south line of said plat of GREEN HEIGHTS and the south line of the plat of GREEN HEIGHTS
FIRST ADDITION, to the west line of Lot 14, SPRING BROOK PARK 2ND ADDITION; thence
southerly along said west line to the southwest corner of said Lot 14; thence easterly along the
south line of Lots 14, 13, 12, 11, 10, 9, 8, 7, 6, and 5, of said plat of SPRING BROOK PARK
2ND ADDITION to the southeast corner of said Lot 5; thence northerly along the east line of said
Lot 5, to the northeast corner, the same being the northwest corner of Outlot A, of said plat;
thence easterly along the north line of said Outlot A, to the northeast corner; thence southerly
along the east line of said Outlot A, the same being the west line of Lot 4, of said plat to the
southwest corner of said Lot 4; thence easterly along the south line of said Lot 4, a distance of
30.00 feet; lhence northeasterly to a point distant 1090.00 feet northerly (as measured
parallel with the west line of said West Half of the Southwest Quarter) from the point of
beginning; thence southerly along said parallel line a distance of 1090.00 feet to the point of
beginning.
Containing 59.80 acres.
~ i '
That part of the Southeast Quarter of the Southeast Quarter of Section 3, Township 114, Range
22, Scott County, Minnesota and that part of the West Half of the Southwest Quarter of Section
2, Township 114, Range 22, Scott County, Minnesota described as follows:
Beginning at a point on the west line of said West Half of the Southwest Quarter distant 990.50
feet northerly of the southwest corner; thence easterly at right angles to said west line a
distance of 950.78 feet more or less to the west line of the east 366.00 feet of said West Half of
the Southwest Quarter; thence southerly along said west line of the east 366.00 feet to the
northerly right-of-way line to State Trunk Highway No. 13; thence southwesterly along said
northerly right-of-way line to its intersection with the east line of the west 820.00 feet of the
Southeast Quarter of the Southeast Quarter of said Section 3; thence northerly along said east
line of the west 820.00 feet to the north line of the south 390.00 feet of said Southeast Quarter
of the Southeast Quarter; thence northeasterly to the point of beginning.
Containing 16.34 acres.
- i '
That part of the West Half of the Southwest Quarter of Section 2, Township 114, Range 22, Scott
County, Minnesota and that part of the Southeast Quarter of the Southeast Quarter of Section 3,
Township 114, Range 22, Scott County, Minnesota and that part of Government Lot 1, in said
Section 3, described as follows:
Beginning at a point on the west line of said West Half of the Southwest Quarter distant 990.50
feet northerly of the southwest corner; thence easterly at right angles to said west line a
distance of 150.78 feet; thence northerly parallel with said west line a distance of 550.00 feet;
thence westerly to the angel point on the easterly line of Lot 9, Block 1, WILLOWS SIXTH
4.
ADDITION, Scoff County, Minnesota; thence southerly, westerly and southerly along the east line
of said WILLOWS SIXTH ADDITION to Its Intersection with the north line of the south 390.00
feet of the Southeast Quarter of the Southeast Quarter of said Section 3; thence easterly along
said north line to the east line of the west 820.00 feet of said Southeast Quarter of the Southeast
Quarter; thence northeasterly to the point of beginning.
Containing 29.94 acres.
Ownership/Developer
The applicant/fee owner of the parcel is the Simpkins Estate. The developer and contract
purchaser of this parcel and proposal is the Westbury Development Corporation. Upon
satisfactory approval of this Comprehensive plan and rezoning amendment Westbury
Development Corporation will become the fee owner of the parcel.
History_ of the Westbury Ponds Parcel
Pre - 1981
Original 1980 Guide Plan Classification indicates a medium density for the
entire parcel. The density as suggested by the Comprehensive Plan ranges
from 4 to 8 units per acre. The original zoning for the parcel is R-l, Iow
density residential, at 0-4 units per acre.
~1. 20, 1981
Aug. 1, 1985
Prior Lake City Council adopts resolution to rezone approximately 64 acres
of land from R-1 Iow density to a combination of B-3 General Business
(with contract agreements to greatly limit uses) and R-3 high density
residential of up to 16 units per acre. Additionally, a request to amend the
Comprehensive plan was not approved to change the designation from
medium density residential to high density residential.
Prior lake City Council adopts resolution to vacate Dreyfus and rededlcate
as Willows lane with new alignment. Willows 4th and 5th additions
compressive plan and rezone to R-1 Iow density residential (west of
Willows Lane). East of Willows Lane (west side of this, subject parcel)
down zone from R-3 to R-1 Single family residential. Minor comp. plan
amendment (under 40 acres) to reflect down zoning change.
GENERAL SITE ANALYSIS
Topography of the site is generally sloping from highway 13 north, and draining is into a Type
III wetland on the north end of the site. Most of the slopes on the site are within 0%-6%.
However, on the northeast corner of the site behind the school and extending on to the school
property, slopes increase in severity to 50%. Vegetation on the site is primarily cultivated
row crop fields. The soils range from sand loam to silty clay loam and pockets of silty clay.
There are two DNR wetlands on the north end of the site the combined size is approximately
7.68 acres. These wetland drain to the east and then into Prior Lake. The down stream drainage
area is presently under study by the City of Prior Lake to determine storage capacities, flow
rate, runoff intensity, etc. These wetland are a valuable resource to only as a water shed to
increase waler quality of down stream Prior Lake, but also to the surrounding neighborhoods
and the school as an open space amenity.
Surrounding Land Use/Zoning
The present zoning of this parcel is R-3 high density residential and B-3 'contract agreed" B-3
General Business. The parcel immediately to the west as previously mentioned has been down
zoned to R-1 Iow density residential and has single family home built on it. The wetlands to the
North are zone C-1...conservation district. Five elementary School in the north east corner is
also zoned Col and is a permissible use in the C-1 district. The land southeast of the site
between highway 13 and the this parcel is zoned, and partially built out with town houses.
Shore Line Manaoement District
The most northwesterly corner of the site may by within the 1000 foot setback of the OHWL of
Prior Lake. However, at the time of this write that line has not been determined.
Existing Transoortation Systems
This parcel is bounded on the south side by approximately 1600 feet of State Aid Highway 13.
However, additional access to the highway must be limited to the present streets for safety.
Traffic and circulation requirements were identified in the Wilson Management Study conducted
in 1985. The study was prepared to provide realistic guidelines for the preparation of a plan
addressing land use, circulation, and other development considerations. The study identified
both short and long term recommendations. The Metropolitan Council categorizes Prior Lake as
a free standing community by its separation from the urban center. Additionally, with respect
to development, Prior Lake is defined as an automobile oriented community. From the Wilson
study: 'Seventy nine percent 79% of the residents must travel toward the urban centers to
support a lifestyle hear." Most of the residents of Prior Lake live north of this site resulting in
only 29% of the residents passing by. A particular objective should be to place limits on the
business stdp, particularly on the south end of the City where traffic volumes are reduced.
6.
In the Five Hawks Neighborhood County Road 12 or 170th Street is considered a secondary
traffic circulation system the most recent count from 1989 reflects approximately 4700 ADT
on 1?0th at 13, and 9200ADTon 13 Just north of 170th. The Highway 13 Alignment runs
diagonal to 170th, and 170th does not line up with the street on the east side of 13. This results
in an off set and diagonal not signaled intersection (however traffic counts do not warrant
signalization). As an objective is to relieve Highway 13 traffic of as much unnecessary traffic
as possible. An alternative roadway can be utilized to link separate neighborhoods. A roadway
connection from Willow Lane to Five Hawks Avenue and Five Hawks Elementary School would
relieve congestion at the 170th Street and Highway 13 intersection, and link the neighborhoods
to the north and west to the school.
Existina Utilities
The site is se~ed by adequate City water and sanitary sewer in Willow Lane and in Five Hawks
Avenue.
General Analysis/Conclusion
The business clusters along Highway 13: Gateway Center, Town Center, Priordale Mall and
McDonalds reflect the zoning and land use intended although they are a collection of unrelated
business centers. The subject site was rezone in 1981 from R-1 to R-3 and B-3 which
substantially increased the available inventory of high density traffic generators, but these
developments did not materialize. In fact a significant change the Five Hawks Neighbo~ood and
part of the original parcel/zoning district is the "down zoning" of the subdivisions on Willow
Lane from R-3 high density residential back to the original R-1 Iow density residential in
1985. The most damaging aspect to the B-3 district is the intersection of 170th and Highway
13. If the B-3 were to be developed a substantial change to the acute angles of the intersection
will be necessary to create one signalized intersection.
ORIGINAL ZONING/COMPREHENSIVE PLAN DESIGNATION
The pre 1981 zoning designated the parcel at R-1 iow density residential use. Because of the
lands gentle slopes, inward aspect (away from highway 13) the Type III wetlands, and Five
Hawks Elementary School. The 1980 Comprehensive plan designated the site as medium density
residential 4-8 units per acre which accommodates the single family zoning. However, the
medium density designation would yield 520 multiple units, based on the 1981 site of 65 acres.
If the Comprehensive plan were consistent with the zoning at Iow density 0-4 units per acre the
yield would be 260 single family units, based on the 1981 65 acre site.
After examining the site, a conclusion can be derived that the original zoning took into
consideration the natural features of the site, the surrounding existing single family
7.
neighborhoods to the west and north, the reduced storm water runoff associated wtth single
family development and the proximity to Five Hawks Elementary School. Single family
development has the potential to produce overall lower traffic volumes generated by a site then
multi family.
EXISTING COMPREHENSIVE PLAN/ZONING CLASSIFICATION
The present comprehensive plan designates approximately 60 acres as medium density
residential. Which is significantly different from the 1981 rezoning which changed the site to
R-3andB-3. This action was adopted by the City of Prior Lake on July 20, 1981, as a result
of the petition by Willow Lane Properties, Inc., Thomas L. Steffens, President. The following
reasons were used to justify the change in zoning classification:
1. The property is adjacent to highway 13 which would result in a substantial
volume of driveby traffic to support general business.
2. "the request for rezoning to commercial designation and R-3 is also based uoon
i i i and the past developmental history of Prior Lake"
3. "inordinately large number of single family lots with improvements and utilities
in"
4. "the recent de-regulation of the home mortgage industry and current prevailing
high rate of home loan mortgage rates"
5. "the relative unavailability of home loan mortgage money"
6. 'the spiraling cost of single family dwellings"
7. 'the pent-up demand for home ownership; and'
8. "the growing acceptance over the last decade of condominium/townhouse
ownership"
History has made it clear that these reasons were based in the economics of an individual
developer with incorrect reference data. That proposal was not based on sound planning
principles of the best use of the site, traffic management, site and neighborhood impact,
wetland/runoff impact, and future commercial absorption rate,
The 1981 proposal es reflected in the June 22, 1981 City Council minutes would yield 450
town house and condominium units on approximately 35 acres and B1 ,B2, B3 on the full length
of Highway 13. The June 15, '81 staff report to Planning Commission noted "if rezoned to R-3
the City would relinquish virtually all of its control over pending development". Additionally,
in the same report "currently the need does not exist for more commercial property in Prior
Lake as experienced by the lack of interest in construction in existing commercially zoned
property." The planning commission minutes also noted "staff recommended to eliminate the
commercial zoning from this proposal".
All of these points have illustrated that there was considerable doubt that the 1981 proposal by
Willow Properties, Inc. would be the best use for the land.
8.
The Final rezoning approval was to adopt an average density of 10 units per acre, resulting In a
total of 450 town house and condominium units. The final out come of the B1, B2, B3 proposal
was a contract zoning agreement limiting permitted B-3 uses, signed in August 1981.
Eating and Drinking Places accessory
to Hotels and Motels
Funeral Homes
Commercial Recreation
Offices and Banks
Personal and professional Services
Public Buildings
Public Utility Buildings
Radio and TV Stations
Auto sales, Service and Repair
Recreation Equipment, Sales,
Service and Repair
Motor Fuel Stations
Retail
Eating and Drinking Places
Whole Sale Business
Animal Clinics
The Comprehensive Plan was not amended in 1981 to bring the Comp. Plan up to date with the
above zoning. The reason was stated in the May 21, 1981 Planning Commission Minutes: "He
stated that because the Comprehensive Plan is so recent it would be unlikely that an amendment
to accommodate the proposal would receive favorable recommendation."
PROPOSED REGUIDING AND REZONING OF THE PROPERTY INCI,,UDING
RELATIONSHIP TO DEVELOPMENT CRITERIA
The application is to reguide the above mentioned subject parcel, presently designated as
medium density residential 4-8 units per acre to the Iow density residential designation.
Additionally, this application is to rezone the same area classified as B-3 General Business and
R-3 High Density Residential back to the original zoning of R-I Iow density residential
classification. This duel amendment will bring the entire parcel into conforming designations,
and the designations will be contiguous with the zoning and use of the land to the west and north
across the wetland.
To determine the appropriateness of individual categories of land uses, guidelines or criteria
must be designed to measure the effects on neighborhoods, pedestrian and vehicular circulation,
community facilities, size of developments, boundaries and corresponding zoning classifications.
The Low Density Residential boundaries can be defined in several ways: by arterial street or
highways, natural boundaries such as wetlands, lakes, ridges and forested areas. Changes in
landuse such as schools, or larger parks also define neighborhood boundaries.
Within a neighborhood well defined walkways should be established to connect neighborhoods
with major public and private neighborhood facilities. Such facilities include schools, parks,
9.
Ixansit stops, churches, and convenience shopping. Vehicular circulation should provide a safe
and convenient traffic flow were possible. The development must be compatible with the
tolx)graphy and vegetation of the site and area.
The community facilities of parks, playgrounds and open spaces can function as a neighborhood
identifier or community resource. A maximum lot coverage by buildin_as should not exceed 15%
to 20%. The requirement of City utilities be available to the site to suppor~ the development
will limit "leap frog development".
This development criteria supports the pre lg81 zoning of R.1 Low Density Residential, and
Ibis application of Comprehensive Plan and zoning amendment to Iow Density and R-1.
The entire parcel as illustrated in the attached "concept Plan" can support single family housing
with a minimum lot size of 10,000 square feet at a density of 0-4 units per acre. The site has
adequate public utility services to it with the capacity to support this single family landuse
category.
The desired pedestrian linkage on this site would be east west to link Five Hawks Elementary
School to the Willow Lane neighborhood to the west. The wetland on the north edge of the site is
actually 2 wetlands separated by a wooded nob about 400 feet across. This open space functions
asa buffer between the school and the Spring Green subdivision. In the future this
wetland/open space will not only define the the north edge of this development of "Westbury
Ponds, but will be a neighborhood identifier. The school playground defines the northwest
boundary and transitions this development to the school building a distance ranging from 250
feet to 600 feet.
This plan has an emphasis on convenient and safe vehicular access from Willow Lane to Five
Hawks Avenue (discussed later in this narrative). This development is a scale which public
Iransit, school buses, and community trail systems can be applied.
The above criteria for single family development establishes that the development relates to
most of the terrain and other natural features. The development adequately buffers most
adverse impacts of external effects. To support this point, the northeast corner of the site has
sever slopes. Intense pedestrian and vehicular use should be restricted from this area. During
the development sta~Je of the project a berm and plant screen can be established to enhance the
buffering between highway 13 and the lots. Additionally, deeper lots are designated in this area
to add an element of distance to more effectively transition and buffer the highway.
10.
DESCRIPTION OF PROPOSED SINGLE FAMILY PLAN
Shown on the 'concept plan" for Westbury Ponds as submitted as part of this application for
informal review. The proposed single family subdivision of Westbury Ponds consists of 120
single family lots. The minimum lot size permissible by R-1 zoning is 10,000 with 80 foot
wide lots at the setback line. In the concept plan the lot and street configuration generally
conforms to the natural topography and constraints of the wetlands. The internal street system
is generally a loop system of parallel curved streets. The major consideration of the street
system is the direct link between willows Lane and Five Hawks Avenue. This is through street
with a minimum number of lots fronting on it.
The total site is 59.80 acres including wetlands. The wetlands =13.53 acres, resulting in a
developable site of 46.27 aces. This concept plan has 120 single family lots with a gross unit
density of 2.00 units per acre. The net density is calculated using the total site area minus the
wetland and right of way area, resulting in 36.56 acres or 3.28 units per acre net.
EFFECTS OF PROPOSED SINGLE FAMILY VERSUS R-3 AND B-3 DESIGNATIONS ON
SURROUNDING PROPERTY
As shown on the 1981 concept plan, (attached) the scenario would make use of massive
condominium and apartment complexes, townhouse development and business developments.
Although, the zoning ordinance restricts these developments to 30% building coverage, these
developments have a much higher impervious ratio associated with them. The impervious areas
are large parking lots, retaining walls, massive roof areas, and sidewalks. Conservatively, the
impervious surface area will be 50% at a minimum with the potential for 60% to 80%
impervious area. Although, large green areas can be associated with tall condos and apartments,
generally the taller the buildings the high the cost ratio. With this in mind and generally the
inappropriateness of very tall residential units in fringe development areas, one can expect Iow
spread out buildings with minimal green space associated with the 1981 plan. Consequently,
the runoff from the 1981 plan would dramatically increase the impact on the wetland and
increase the net volume and rate of storm water runoff on down steam facilities.
Conversely, the single family development would have less Impact on the wetland in terms of
volume and rate of storm water runoff, and reduce the down stream impact. The siltation and
non point pollution would be reduced as a direct effect of a reduced impervious area. The zoning
ordinance limits the building coverage to 18% additional impervious areas of driveways and
patios may increase the impervious areas to a total of 25% of the lot size. The green space
between each house would reduce the direct runoff into the storm system.
11.
The Visual environment would be greatly impacted by any large condo/apartment town house
complex from all angles. The greatest visual impact would be on highway 13 and to the
elementary school. All the land to the west and north of this area is single family residential.
There would be no visual barriers across the wetland and to the back yards of the homes on
Willow Lane to screen the structures associated with R-3 and B-3. In the B-3 district good
design standards and policies would prevail resulting in building facades of brick and glass. But
the B-3 buildings would be oriented to highway 13 on the highest point of the site. The building
could be as tall as 40 feet above the ground. The rear of such buildings are usually concrete
block, service doors, truck parking and loading areas, and trash receptacles. These area would
be exposed to the school and all the surrounding neighborhoods to the north and west. Landscape
screening would be possible in this area. However, the plantings would by place on the lowest
area of the site and provide limited functional use. Additionally, it would take pine trees 15 to
20 years to grow to sufficient height to screen the B-3 use from the surrounding
neighborhoods.
The reguiding and rezoning of this area to Low Density Residential and R-1 designation would
allow a homogeneous use of the wetland edges and surrounding landuses of single family to the
west and north. The R-1 use would also result in a Iow impact on the elementary school to the
east. Several lots in the Westbury Ponds concept back up to highway 13. Additional depth has
been provided for these lots. This increased depth will provide sufficient area to construct a
berm (a solid visual and noise buffer) and install plant screening.
EFFECTS ON LOCAL COMMUNITY TRANSPORTATION SYSTEMS
Regardless of the land use type associated with this parcel, the intersection at highway 13 and
170th remains diagonal and offset.
Although, a traffic study was not prepared as part of the 1981 proposal (nor with this
application of Westbury Ponds) The attached trip assessment was generated to indicate the
relational impact on the surrounding street systems of the assumed uses. The assumed used
were based on the 1981 landuse concept vs. the 120 lot single family Westbury Ponds concept.
Average Daily Trips (ADT) were computed using recommendations by the ~
Manual. Institute of Transoortation Engineering 4th Edition. 1987.
12.
The following sssumed land uses are based on typical building sizes and permitted and
conditional uses of the zoning agreement.
WILLOW PROPERTY SCENERIO 1961
TRIP GENERATION STUDY
R.P.SMITH #92-1008
ASSUMPTIONS:
1. Typical trip ~enaration rates per Trip Generation Manual, Institute of Transportation Engineers, 4th Addition,1987.
2. Mini Golf trip generation rates based on 20 tripe/hour for 10 hours/day (25% p.m. peak hours).
3. Trip generalien rates shown do not reflect existing background traffic on Highway 13. Willows Lane 170th stand Five Hawks Ave
4. Molel trip generation rate based on 65 rooms at 80% Occupancy= 52 rooms occupied.
5. Town house end Condo based on 450 units total minus 120 Apartment units - 330
6. Apartments based on 4, 3 story units of 30 units each = 120 units
AVE, WEEKDAY P.M.
AVE. WEEKDAY PEAK HOURS/ AVG. WEEKDAY
LANDUSE BLDG. SQoFT. TRIPS/'I000 S.F. 1000 S.F. TRIPS
AVE. WEEKDAY
P.M. PEAK
HOURTRIP$
Gas/Commnleflce 1,750 887 71 1,552 124
Mini-Golf 200 212
Drug/Liquer Slora 14,400 95 9 1,368 130
Bank w/Drive.in 6.200 291 38 1,804 236
Day Cam 4,200 67 12 281 50
Family Reelaumnt 4,800 201 44 965 211
MoMI 52 occupied 10 0.6 520 31
SUBTOTAL 6,690 994
Townhouse/Cm~ominium 330 6 0.5 1,980 165
Apadment 120 6 1 720 120
SUBTOTAL 2,7 0 0 26 $
TOTAL 9,390 I ,27g
WESTBURY PONOS 1992
Singlo family
t20 10 I 1,200 120
The trip generation types shown do not reflect existing background traffic on Highway 13,
Willow Lane, 170th Street and Five Hawks Avenue. The most current traffic counts available
for highway 13 and 170th are from 1989. 170th Street just west of highway 13 has a traffic
count of 4,700 ADT and on highway 13 between 170th and Five Hawks Avenue is 9,700 ADT.
The above B-3 trip assessment study shows 6,690 ADT as a result of the B-3 zoning. The 19 81
design illustrates all the B-3 traffic accessing onto Highway 13. The townhouse/condominium
and apartment site would generate approximately 2,700ADT. Virtually all of the R-3
residential 2,700 ADT would flow to 170th Street and eventually on to highway 13 at the
diagonal intersection. The resulting traffic on 170th combining the background and R-3 traffic
has the potenlial of reaching 7,400 ADT.
13.
After evaluating directional destination approximately 80% of the R-3 traffic would turn north
adding to the back ground Highway 13 and B-3 traffic between 170th and Five Hawks Avenue.
This approximate resulting ADT would be 18,550 ADT.
The street intersection design that presently exists at 1?0th and highway 13 would not
accommodate such a traffic rate. If the 1981 scenario were persued a radical and very costly
rerouting of 170th Street to Five Hawks Avenue would be necessary (frontage road).
13 Business Strio
A study of the highway "13 Business Strip" was formulated intr~elate 1980's. That study
addressed the concerns and appropriateness of the B-3 district and to some extent the R-3
district in addition to the entire highway 13 business strip. The attached sketch labeled 13
~is a possible scenario to reroute streets to form frontage roads, contiguous
through intersections, and signalization. The cost to implement only this intersection and street
change was estimated at nearly $?00,000.00 dollars in 1986 dollars. The only reason to add a
frontage road and signalization is to accommodate extensive increase in ADT due to the 1981
design concept. As stated in the "13 Business Strip" report "The other link removed from the
proposed circulation system lies northwest of Highway 13 between 170th Street and Duluth
Avenue. The need for this has been reduced by the land use change proposed adjoining Five
Hawks School. Because additional business use is not recommended, a frontage road becomes less
important particularly when several residential properties could be put unnecessarily at risk."
Westbu~ Ponds
After evaluating the Westbury Ponds trip assessment study the site would generate
approximately 1,200 ADT total. The expected distribution of the Westbury Ponds traffic would
be approximately 70% to Five Hawks and 25 % to Willow Lane. 70% or 840 ADT will pass
through the intersection of Five Hawks Avenue and Highway 13. Five Hawks Avenue is a single
family neighborhood with an elementary school and and church. 840 ADT will not hinder the
present intersection flow at Five Hawks. Additionally, 170th at highway 13 will not require a
reconfiguration or signalization.
14.
WASTE WATER FLOW ANALYSIS
The purpose of this section Is to estimate and compare the reserve capacity wastewater
discharge that would result in the development of the site at the expanded medium density
residential land use and the proposed Low density residential land use
Prior Lake Sanitary_ Sewer Calculations
The Prior Lake Comprehensive Sanitary Sewer Policy Plan was used to estimate the anticipated
wastewater flows for the land use type of Medium Density Residential and Low Density
Residential. The following flows were determined by applying unit flow rates to each land use
category:
Land Use Tyoe Persons oar unit ~ ~ Units/Ac
GCD GUO
Med. Den. Resid'l 2.9 85 247 10.0
Low Den. Resid'l 2.9 85 247 2.0
The City of Prior Lake's Comprehensive Guide Plan indicates that areas guided Medium Density
Residential have a recommended density of 4-8 units per acre. Rather than using a general unit
density, these calculations are based on the actual number of units per acre approved in 1981
for this site of 10 units per acre or a total of 450 units.
Additionally, The Low Density Residential has a Comprehensive Guide plan recommendation of
0-4 units per acre. Once again, rather then estimating the units per acre, the Iow density
calculation for this is based on the proposed density for this site. The total units proposed for
this site is 120 single family lots at a gross density of 2.00 units per ace. The net density (the
total site area minus the right of ways and wetlands) is 3.28 units per acre.
Therefore, the total estimated flow for the 1981 concept would be:
450 units x 247 GUD = 111/150 qallons car day
Therefore, the total estimated flow for the WESTBURY PONDS CONCEPT:
120 units x 247 GUD = Z~z~L~Jg~
MWCC FLOW ANALYSIS
This section is based on the ordinance adopted by the Metropolitan Waste Control Commission,
MWCC, Reserve Capacity Charge Manual revised in 1992. The MWCC has developed Service
Availability Charge SAC criteria based upon the potential discharge of 274 gallons of wastewater
15.
flow to the Metropolitan discharge system per day. Single family houses,
townhouses/condominiums and duplex units each comprise one SAC unit. The number of SAC
units for other uses are determined based upon their estimated daily wastewater flow. The
commission has developed standard criteria for determining SAC units for various business,
commercial, and industrial facilities. This criteria is based upon recommendation and standards
developed by the Minnesota Department of Health, The state Building Code, and the U.S.
Department of Health and Welfare. These recommendations are supported by actual flow data
from similar facilities in the Metropolitan area.
One sac unit equals 274 gallons of wastewater per day.
* One Single family unit equals one SAC unit.
· Two motels moms equal 1 SAC unit.
· Full service family restaurant: 8 seats equal one SAC unit.
· Retail...Drug store Liquor store every 3,000 square feet equal 1 SAC unit.
Convenience store every 3,000 square feet equals 1 SAC unit.
* Bank w/Drive-in window every 2,400 square feet equals one SAC unit.
· Mini golf equals 3 SAC units.
Daycare facility every 14 children equals 1 SAC unit.
The 1981 B-3 scenario approved several land uses. The above uses are generally permitted or
conditionally permitted in this area. These uses are the same as identified in the trip
assessment section of this narrative.
WILLOW PROPERTY $CENERIO 1981
SAC CALCULATIONS
R.P.SMITH #92-1008
SAC UNIT SAC UNITS CALCULATED GALLONS/[-
LAND USE BLDG. SQ,FT. PARAMETERS BASES SAC UNITS (2741SA
Gas/Convenience ' 1,750 3.000 I 0.58 159
Mini-Golf 3 3.00 822
Drug/Liquor Store 14.400 3.000 I 4.80 1.315
Sank w/Drive-In 6.200 2,400 1 2.60 ? 12
Day Cam 4200(50 kids) 14 children 1 3.60 986
Family Restaurant 1800(175 seatsl 8 seats 1 21.90 6.001
Motel 65 rooms 2 rooms I 32.50 8.905
SUaTOTAL S 8. g 8 1 S, 9 0 1
450 1/U I 111.15C
Tom, house/Condominium
Apartment
SUBTOTAL
111,15~
TOTAL 69 130,051
WESTBURY PONDS 1992
Single family 120 I/U I 29,640
In reviewing the projected wastewater flows it should be noted that the proposed single family
development of WESTI~URY PONDS would significantly reduce the amount of wastewater flow to
the Metropolitan Disposal Facility. The reduction would by approximately 100,411 gallons per
day.
MERIT BEYOND THE INTERESTS OF THE DEVELOPER
In 1981 when the zoning was changed from R-1 to R-3 and B-3 a grand scheme to increase the
residential and business climate of Prior Lake was proposed. But, today the reality of the
intense development illustrated the resulting high traffic impact in the intersection of 170th
Street and highway 13.
Because of the stronger environmental legislation and better storm water management, high
impervious districts are difficult to manage. As development increases in the metropolitan area
the MWCC is constantly searching for ways to manage flows and treatment facilities and better
serve the residence of the Twin Cities This proposal of WESTBURY PONDS will reduce the flow
rate or atleast give the city of Prior Lake the ability to reallocate some of the flow to other or
new proposals.
HIGHEST AND BEST USE OF THE SITE
As illustrated in the attached narrative and graphics, the original zoning of R-1 for this area
was Low Density Residential for good planning reasons of site restrictions due to wetlands,
transportation issues, wetlands, utility capacities and soil constraints.
The land was rezoned in 1981 to R-3 and B*3, but the need for this highly intense Landuse did
not nor still, does not exist. Because of the restrictive nature of the Metropolitan Council,
MWCC, Highway Department, and possible the metropolitan Service Area (MUSA) all land for
residential use is rapidly running short. This area is now ready for development as single
family residential use. The proposed single family use is similar to the uses surrounding to the
west, north and to the northeast beyond Five Hawks Elementary School.
The transportation issues are obvious. If the site were to remain B-3 and R-3 uses the
surrounding street systems would require extensive modification at the intersection of 170th
Street and Highway 13. If the site were to be reguided and rezoned to Low density Residential
and R-1 WESTBURY PONDS as proposed would create a loop street system connecting The
Willow Lane Neighborhoods to Five Hawks Avenue without creating the need to enter on to
Highway 13.
The reguiding and rezoning of this land will bring the landuse into conformity with the several
neighborhoods that have remained from years before.
17.
?.3
"21
,3
xX
i i-'
SUBJECT:
APPLICANT:
PRESENTER:
PUBLIC HEARING:
DATE:
PLANNING REPORT
COMPREHENSIVE PLAN AMENDMENT AND REZONING
WESTBURY DEVELOPMENT CORPORATION
HORST W. GRASER, DIRECTOR OF PLANNING
X YES NO
AUGUST 6, 1992
SITE ANALYSIS
INTRODUCTION:
Westbury Development Corporation has submitted an application for
a Comprehensive Plan Amendment and Rezoning for approximately 60
acres of vacant land in the Five Hawks neighborhood (see attached
maps for location). The 1981 Comprehensive Plan designates the
subjec~ site as medium density residential with some 9atural open
space in the northeast corner of the site. The zoning of the
subject site is a combination of C-1, R-3, and B-3, which is
inconsistent with the comprehensive plan.
The applicant has actively summarized the facts and issues %n the
application (attached). The objective of the applicant is to
obtain the necessary amendments and develo~ a single family
neighborhood. A concept subdivision plan lS attached for
purposes of reference only. Any discussion relative to
subdivision design should be deferred until the appropriate
hearing has been scheduled.
HISTORY/BACKGROUND:
The 1981 Comprehensive Plan designated the subject site to medium
density residential as well as other vacant properties in the
Five Hawks and Spring Lake Willows neighborhoods. In 1981, the
Council rezoned the subject site to R-3 and B-3 (its current
zoning). The B-3 zone was modified via a contract with the
applicant and City. Development plans for the site were
prepared, however, the developer grossly misread the market for
R-3 and B-3 land and eventually went bankrupt leaving behind a
development plan that had little or no market and poorly
designed. The property had been assessed and was accruing
assessments and taxes which are now 7 or 8 years delinquent.
The 1981 Comprehensive Plan is a document that is generally
vague, lacks direction, and is outdated. Although the document
contains the required elements of long range planning, it lacks
the detail and specificity needed to guide development. A copy
of the 1981 plan is attached which describes the Five Hawks
neighborhood.
EXHIBIT E
4629 Dakota St. S.E., Prior Lake, Minnesota 55372 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPpORTU~NITY E~PLOYER
PHYSIOGRAPHY:
The co~position of the property can be distinguished by two soil
categormes. About 13 acres of marsh (gNR Type III Wetland) form
the northern border and gently slopmng clay and loam encompass
the remainder of the site. Some steep slopes are present in the
transition area between the two categories. Considerable
overstory forms a vegetative ring around the marsh. The
remaining 47 acres are being cropped.
ADJACENT USES:
The subject site is the largest vacant proper~y in the Five
Hawks neighborhood and along the STH 13 strip. This large
remnant property borders a variety of different land uses leaving
one with the thought of a multiple use development. The smte
borders STH 13 on the south by about 1600 feet. Five Hawks
Elementary School forms the east border. A 13 acre wetland is
the northern border with single family detached homes to the east
of the site. A single use development will require sensitive
innovative ideas to respect and mitigate the positive and
negative aspects of adjacent uses.
PLANNING CONSIDERATIONS
Every now and then opportunities appear that wil% ~esolve major
land use issues. This is one of those opportunmtles. It. is
highly unlikely that the subject site with %ts ~urrent zoning,
~ubdivision requirements, contract zone, and size ms developable
mn the near future.
The market for R-3 land in Prior Lake is almost non-existent at
the present time. There are about 30 acres of R-3 zoning on the
site that can generate a total of 420 units. Altogether there
are only 340 apartment units in all of Prior Lake. The market
for attached single family units is equally flat and is expected
to remain flat.
It is doubtful that the 16 acres of restricted B-3 zone alon~ STH
13 will find a market in the next 10 to 20 years. It is h~ghly
likely that the County Road 83 corridor will develop lnto
community identifying gaming and recreational land uses with
supportive commercial. The street system, intersections and
~arks currently in place .to support the existing zoning are
· nadequate and would req~.lre substantial upgrad%ng to accommodate
demand. The systems mmpact of a low ~enslty development is
consistent with the infrastructure already in place and would not
~lace pressure on the community to prematurely fund
improvements.
Prior Lake's current Comprehensive Plan Draft cglls .for the
subject site to be deslgnated medium density resldentlal which
does p~rmit both single and ~wo fgmil~ development at a reduced
lot size. The proposed desmgnatlon is in part reflective of the
diff%culty in downzoning. A iow density designation is totally
consmstent with the neighborhood and the level of infrastructure.
The effects of downzoning have been analyzed by the applicant on
pages 11-14 of the application.
Attached to this report are several pages taken from the draft
Comprehensive Plan which reflect community goals and objectives.
In addition, gregter.detai% is provided translating the general
goals and ob]ectlves into specific design criteria: The
applicant has been furnished with these pages to aid in the
design and development of the site.
RECOMMENDATION:
Low density development is clearly the choice to complete the
development of the Five Hawks neighborhood. The residential
development between STH 13 and Prior Lake is predominantly single
family. It is prudent to continue this predominant pattern
rather than continue to plan for densities that have no market
share and are unpopular with neighborhood residents. Also Prior
Lake's supply of R-3 zoned and B-3 zoned is sufficient to meet
the needs of the next 10-15 years.
The Zoning Code should be amended to reflect the change in land
use designation to be consistent with the Comprehensive Plan. It
should be noted that the approximate 13 acres of marsh will
remain as C-1 Conservation Zoning.
1981 CO~I]'IR]mImS j.v K
high school which are situated on adjoining sites. The neighborhood also
includes a large scale planned unit development, which was given preliminary
approval but to date has had no ~k~velop~ent activity. This PUD has the
pOtential to be a rather good example of housing diversity, commercial services
and open space arranged to protect existing land forms within one neighborhood.
With 160 acres to develop, densities may be transferred away fr(~ steed slopes
~u%d land with ~ulstable soils to more regular sites which will include several
apartu~ent buildings and to~nhouses. The proposed neighborhood cc~mercial center
is likely to provide service to adjoining neighborhoods as well. The southern
pOrtion of this neighborhood, including the propOsed Grserbriar FJD is currently
in agricultural production. These agricultural areas represent more than 50% of
the neighborhood land area. Markley Neighborhood can therefore acc(m~odate a
significant portion of cu,,tunity growth over the next 20 years. It has a
holding capacity of approximately 2,100 pedple. Because the neighborhood is
situated in~ediately north of the only existing industrial development in Prior
Lake, it could offer opportunities for iow and moderate cost housing. Medium
density develo~nent is recam~ended along County P~ad 12.
Like Markley, South. Neighborhood is approximately 50% developed. When
developed, the remaining agricultural land could provide housing diversity by
including low and moderate inc~e opport%u%ities as well as s(~e high density
areas. The recommended high density areas include land bounded by Highway 13,
Franklin Trail and Credit River Road plus a relatively s~all area southeast of
Brooksville Center. Already, approximately 20% of the residential land is
design~ted within the highest density residential zoning category. Of this
approximately one third has been developed. South neighborho~ is unique among
the proposed residential areas in Prior Lake, in that it is close to a variety
of ~t~loyment centers. It adjoins the Downt~n area in the northwest corner,
Brooksville Center in the southwest corner and the only developed industrial
land in the southeast corner. The residential holding capacity exceeds 1,900
people. The City has p~rchased a large recreation area of approximately 70
acres immediately to the south of this neighborhood. Ten ball fields will be
constructed as so~n as access problems have been overcome.
The boundaries are formed by State Highway 13 to the south and east, Prior Lake
and Simpkins Marsh to the north and the west line of Section Two to the west.
Named for the Five Hawks Elementary School, the neighborhood is a geographic
area which has no interior circulation system linking its scattered
st~odivisions, The lake frontage was developed many years ago and currently
includes many seasonal cabins. While many were converted to year around use,
those that r~main unimproved should be replaced since they do not provide
adequate shelter. The subdivision away from the lake represent much more recent
development and contain no serious deterioration. ~ecause the elementary school
site is so large, the nsigh~rhood will not need additional open space.
However, some form of a joint powers agr~nt must be adopted which provides
for recreation use unrelated to school activity. The neighborhood also is
conveniently located to a full range of shopping facilities. Medium density
housing is rec~-~nded throughout the neighborhood.
2~
DRAI::T
4. The business district should be u~graded to a neighborhood
center that provides good pedestrian and traffic circulation.
FutUre platting should eliminate the drivewaYbeaccess to
$.T.H. 13.and the non-confoz-ming uses should replaced
with permitted uses in the districtt band~caping, paved
parking lots, s%dewalks, and good.des}gn of buildings should
be implemented in this business district.
e
At the time that the vacant 22 acres south of 170th Street
develops, a local road should be planned that connects 170th
Street to S.T.H. 13. In addition, a frontage road connecting
170th Street to Five Hawks Avenue through the "Simpkins"
property, is recommended as part of the ring road system.
The intersection of C.R. 81 and S.T.H. 13 is identified as a
location for a major City entry monument.
Five Hawks:
Five Hawks Planning District is bounded on the west by housing
adjacent to Willow Lane, the south by Highway 13, and the north
by C. R. 21. This District consists of approximately 380 acres
and is 80% developed at density ranging from 2.5 to 18 units per
acre. Five Hawks can best be characterized as a transitional and
active neighborhood between the low density Willow Lane area and
high density C. R. 21 area. Several east-west oriented marshes
and wetlands divide this 9istrict approximately in half. Th~se
marshes and wetlands help filter runoff before it enters Prior
Lake. However, these features inhibit traffic movements within
the neighborhoods and into other nei~hborhoods. To the north of
the natural features is residential development in the 5 to 7
units per acre range which does not conform to the current zoning
standards. The land to the south is characterized by recent
development and vacant land. This neighborhood has about one
mils of lakeshore, unfortunately no public access points sxist
for its residents.
The Five Hawks Planning District
. . received its name from effigy
mounts Located in the vicinity.of Five Hawks Elementary School.
Unfortunately, this early. Indian artifact was destroyed by
development and grading in the area. The Willows neighborhood
pa~k and C. R. 21 trails are the only public spaces in this
neighborhood that have a potential population of 1800 people.
McWlllies Restaurant/Bar/Marina on Green Heights Trail, is one of
only two commercial establishments remaining on Pripr Lake. It is
an im?ortant part of the lake recreation envlronmen~ and
community heritage. It currently operates under a conditional
use permit with limited expansion potential.
The property to the south and west of Five Hawks School is and
currently designated medium density residential in the Year 2000
Comprehensive Plan. However, approximately 10.of the 50 vacant
acres are zoned B-3 commercial and the remaining land is zoned
R-3. The co,men district boundary line between residential and
commercial was arbitrarily established thereby resulting in a
difficult platting process unless the PUD format is utilized.
Prior Lake should take action to rezone this acreage ~o be
consistent with the comprehensive plan of medium density
residential. An inappropriate, island of medium density exists
directly south of McWillies. This medium density zone consists
of about 2.5 acres with tremendous development constraints. The
are~ around this site is all zoned R-1 and developed with single
family homes. The site should reflect single family development
opportunities to be consistent with the immediate area. A vacant
residential site consisting of about 2 acres directly southeast
of the intersection of West Avenue and County Road 21 should also
be down zone4 to R-2 medium residential density .to reflect the
character of the area and the current comprehensive plan.
Traffic circulation in this Planning District needs to be
improved. A high priority should be assigned to the completion
of Five Hawks Avenue to improve the circulation and connect the
north and south halves of this neighborhood. 170th Street should
be extended to Five Hawks Avenue. The intersection of Five Hawks
Avenue and S.T.H. 13 should eventually be signalized. It is
possible that the current intersection of 170th Street and S.T.H.
13 will be limited to a right-in/right-out movement. The City
has initiated a study to review alternatives for this
intersection. Birch Avenue in the north half of the Planning
Oistrict still has a gravel section which should be improved to a
bituminous surface.
Two commercial nodes are included in this Planning District. A
~ortion of the Town Center located directly south of the
Intersection of S.T.H. 13 and C. R. 21. The other node consists
of the ~ost office, bank, and lumber yard directly south of,the
intersection of Anna Trail and S.T.H. 13. The downtown node is a
highly visible and accessible area. Development includes a mix
of new and old with little or no continuity in design and general
character. Increasing traffic and control devices on S.T.H. 13
and C. R. 21 will further isolate this node from other business
nodes in ~he community unless improvements in circulation and
design are made to Duluth and Main Avenue.
The commercial node at Anna Trail apd S.T.H. 13 is totally
orientated to the automobile. The businesses in this area should
consider sidewalk improvement permitting pedestrian traffic
between them. Duluth Avenue which provides local access to this
node has been identified as a critical part of the ring road
system tying this node, Town Center and the Priordale business
district together. The City Capital Improvement Program
indicates that Duluth Avenue will be improved with new street,
curb and gutter, sidewalk and bike path. This improvement will
greatly enhance accessibility between the three business centers
and adjacent neighborhoods. The private sector should be
encouraged to provide pedestrian access via sidewalks to the Anna
Trail and Priordale businesses to take full advantage of the
public improvements anticipated for Duluth Avenue.
3O
DISTRICT OBJECTIVES
The C~ty of Prior Lake should initiate rezoning changes for
the Slmpkin's property (vacant 50 acres southwest of Five
Mawks School) to R-2 residential and the vacant si~e south of
McWillies Restaurant to R-1 residential·
2. A trail system should be established along the District's
natural features and roadways to provide pedestrian and
bicycle links throughout the District.
A neighborhood park should be established in the north half
of the Planning District, perhaps utilizing the
adjacent to Green Heights Trail and Dutch Avenue or the City
property located on Cares Street.
4. The completion of Five Hawks Avenue should b~ established in
the Capital Improvement Program as a high prIority in order
to improve north-south vehicular movements and the main
entrance to this neighborhood from S.T.H. 13.
New residential land uses along S.T.H. 13 shall use design
elements such as deeper lots, planted berms, fencing, and
tree cover to buffer the negative influence of S.T.H. 13.
6. The lumber yard north of Anna Trail is currently designated
B-2 commercial which is a zone reflective of Town Center. A
zoning change to B-3 highway commercial should be initiated
by the City of Prior Lake.
The improvement of Duluth Avenue with bike trails and
sidewalks to provide a pedestrian link between the three
business centers of Town Center, Anna Trail and Priordale,
should be completed to implement the ring road system.
Lakefront:
The Lakefront Planning District is clustered around Lakefront
Park and Town Center. It includes a major portion of the Town
Center and is bordered on the southwest by C.R. 21, the southeast
by S.T.H. 13 and the north by the lake of Prior Lake. Without
using S.T.H. 13, the only way to get from one part of the
neighborhood to the other is through the Park. One primary
objective of all recent planning studies has been to take better
advantage of the proximity of Lakefront Perk to the Town Center·
The City has created a tax increment district within the downtown
and developed a land use plan which identifies the block by block
transition from business and governmental uses to apartment
construction and to single family lots.
This 375 acre Planning District has been developed at a density
averaging considerably less than 2 units per acre. Most of the
available land has been developed except where slopes ars steep
31
GENERAL PARK POLICIES:
1. Park location within developments should be centrally located
in order to equally serve the entire neighborhood.
2. Where subdivisions or PUD's are less than 40 acres, public
open space or a school site which is to be dedicated should,
where possible, be combined with dedications from adjoining
developments.
3. When development occurs adjacent to school sites, an
objective of the Parks and Recreation Plan is to provide a
land dedication that can be combined with the school open
space.
4. The slope, topography and geology of a dedicated site, as
well as its surroundings, must be suitable for its intended
purposes.
5. Grading on sites dedicated for park and recreational uses
shall not differ greatly from surrounding land.
6. Where the Comprehensive Plan or the standards of the city
call for a larger amount of park and recreational land or
development than the developer is required to dedicate, the
land needed beyond the developer's contribution shall be
reserved for subsequent purchase by the city, as outlined
within an option agreement setting forth the terms of
purchase.
7. If the site to be dedicated for park land is too small to be
practical, or %s inappropriate for park and recreational
purposes, the city shall require the deve%oper to pay a cash
contribution in lieu of the land dedication required.
An objective of the Park and Open Space Plan is that street
frontage to neighborhood parks consist of the entire length
of the park on two of its sides to: Provide better
visibility foF passersby and for security; allow for
on-street parking in front of the park; discourage users from
cutting through private property to get to the park; develop
facilities away from adjacent residential property and to
provide more useable space.
The City of Prior Lake should acquire scenic
easements and or dedications along lakes,
ponds and wetland areas.
and pedestrian
drainage ways,
The City's subdivision planting plan requirements should be
enhanced to require developers to plant landscape materials
to add to the open space character of the community. Some
uniformity of planting materials should be established to
help create continuity within community neighborhoods.
10.
107
11.
The Parks and Recreation Department should continue to
isprove the coordinated planting/replacement program for
parks and public open space where trees and vegetation are
lacking. Particular attention should.be paid to. upgrading
publ%c utility areas by the introduction of "immedIate impact
providing" landscaping materials.
12. The City of Prior Lake should develop a coordinated street
landscaping program which includes paving, sidewalks,
lighting, waste receptacles, signage and planting areas.
Priority should be given to the Town Center and Waterfront
Passage areas.
13. The City of Prior Lake should encourage the School District
and private utility companies to begin a planting program
which is consistent with the City's program.
14.
Standards for development of trail, sidewalk and boulevard
?lanting programs should be develope~ by the City. and
incorporated Into. the 9ppr?priate Zoning and Subdivlsion
Ordinances. Speclfic criteria for trail surface, grading,
earth sculpturing, plant material and improvements such as
benches, water fountains, waste receptacles, lighting and
park signage must be developed by the city if they are ever
to be incorporated into future development proposals.
15.
The Ppr~s and Recreation Department should.adopt a boundary
identxflcation policy that establishes minimum standards for
park access points and outlines the use of structures such as
fences, landforms, slopes and berms, color, size, shape and
lettering type of signags, and the types of plant materials
~hat will provide consistent visual identity for the
boundaries of the public parks and open space system.
108
Woodlands District:
Wooded areas are an invaluable community resource that provide
wildlife habitat and interesting places to live. The uncontrolled
spread of development, and increasing demands upon natural
resources have had the effect of encroaching upon, despoiling, or
eliminating many of the woodland areas of the community· The
woodlands, if left in their natural condition, constitute
important physical, aesthetic, recreational and economic assets
to existing and future residents of Prior Lake. Woodland growth
protects the public health through the absorption of air
pollutants and contamination, through the reduction of excessive
noise, and mental and physical damage related to noise pollution.
Also, through its cooling effect in the summer months and that
woodlands prov%de for public safety through the prevention of
erosion, siltation and flooding. Trees and woodland growth are
an essential component of the general welfare of Prior Lake
because of their natural beauty, recreation, and their
relationship to the common heritage shared by existing and future
residents. Any development within or adjacent to wooded areas
requires sensitivity and prudent management in.order to p~otect
the integrity and health of the woodland districts withln the
community.
The preservation of woodlands, trees, similar wood
vegetation, and related natural resources is a priority for
all forms of development. However, no development shall be
denied solely on the basis that some trees are growing on the
property under consideration. Other factors which
demonstrate a public need for woodland preservation must be
sta~sd.
Development should be conducted so that the maximum number of
trees are preserved by the clustering of structures in
existing cleared areas and natural clearings, and the Use of
other site design and grading techniques. Clear cutting of
natural vegetation is prohibited within the City without
prior approval from the City, which authorizes a restoration
plan for ~he vegetation on the site.
Development should not reduce the existing crown cover
greater than fifty percent and shall be conducted in such a
manner as to preserve the understory.
Trees use4 in reforestation or. landscapin~ should be
indigenous species which are compatible with the local
landscape and not currently under disease epidemic.
The relationship of streets, highways, transportation
corridors or other development to the woodland area shall be
considered, along with alternatives for new transportation
routes and for the location of the proposed development.
112
Bluff Districts:
Slopes of 20% or greater should not be disturbed and shall
be retained as private or public open space. Slopes less
than 20% may only be developed when erosion control and
vegetation restoration can be accomplished as approved by the
City of Prior Lake.
2. Exposed slopes shall be protected by established erosion
control methods to prevent erosion.
Wetlands Districts:
It is in the public interest to protect against uncoordinated and
unplanned land development which affects marshes, swamps,
wetlands, drainage ways, lakes, and watercourses within the City
of Prior Lake. Unplanned land development results in loss and
damage to public and private improvements through inundation by
flood waters and subseguent expensive construction of storm
sewers and other public projects. Loss also occurs with the
permanent destruction of these natural resources, loss of water
retention facilities, open space, and wildlife habitats, and
impairment.of public and private water supplies: The purpose of
the policies in this district are to permit and encourage a
coordinated land and water management program and the retention
of open land uses which will locate permanent structures and
artificial obstructions so as not to obstruct the passage of
waters no~ destroy the natural water areas, marshes, and
wetlands within the City of PriorpublicLake.
As part of the development process, protected wetland areas
should be analyzed by professional consultants to advise
alternative methods that will most effectively preserve
wildlife habitat and provide water purification and recharge
areas for the lakes of Prior Lake. Marsh areas may require
preservation in whole or in part and may not be altered
without consent of the City of Prior Lake.
Filling wetland areas for the sole purpose of creating more
lots within a development shall not be allowed, unless
consistent with the Wetlands Act of 1991· Dredging water
bodies for the purpose of increasing the number of lots in
any development shall not be permitted.
If land for recreational purposes, natura% resource
preservation and/or public access opportunities within Prior
Lake becomes available for acquisition, the City shall
explore options to purchase this land to retain it in its
current use or to develop it further for additional
recreational opportunities.
The City of Prior Lake should establish a minimum setback,
(50' is recommended), from the ordinary high water mark of
all protected wetland and ponding areas to serve as a
113
transition Zone between the wetland environment and adjacent
development. Alterations of topography within the required
setback shell be minimized, and the need for such alteration
shall be documented in a permit application. Plant materials
that provides wildlife habitat are encouraged to be
introduced adjacent to wetlands.
IMPLEMENTATION STRATEGIES FOR ENVIRONMENTAL DISTRICTS:
Establish site development performance standards and criteria
for each type of environmental district which indicate
minimum acceptable standards for development. This policy
should be implemented via adoption of a wetlands, tree,
shoreland and wildlife habitat protection ordinances.
PUBLIC ACCESS - WATERS AND NATURAL FEATURES:
ne water and natural environmental resources in Prior Lake are
the center and principal attraction of the community. All site
development proposals should utilize and promote the intrinsic
properties of water resources and natural areas within the
community. Developments should provide pedestrian access to
these features and Town Center. Both residential and business
uses should provide outdoor open s~ace improvements. Site design
end landscape should be attractively and carefully planned.
There should be continuity of design adjacent to natural
features. However, freedom for creative design is encouraged and
direct imitation is discouraged. Energy conservation is
encouraged. The combination of solar orientation and waterfront
orientation is encouraged. Adverse impacts on neighboring site
development is discouraged.
PUBLIC ACCESS POLICIES:
The citizens of Prior Lake shall be afforded the opportunity
to enjoy water and natural resources via public access to
prominent neighborhood features.
Public access to features within Prior Lake shall consist of
physical imprpvements in the form of any one or a combination
of the following: Walkway, bikeway, corridor, viewpoint,
park, deck, observation deck, pier, or other areas serving as
a means of view and/or physical approach to significant site
features for the public. Public access may also include, but
not be limited t9, interpretive centers and displays
explaining local historical events or places.
The City of Prior Lake shall review the type, design, and
location of public access to insure development of a public
place meeting the ingent of this Comprehensive P19n. The
following criteria will be considered in determining what
114
10.
constitutes adequate public access on a specific site. The
location Of the access on the lot shall be chosen to:
Maximize the public nature of the access by locating
adjacent to ocher public areas including street-ends,
waterways, parks, other public access and connecting
trails which are also handicap accessible·
B. Maximize views of the water, natural features and sun
exposure.
Minimize intrusion of privacy for both site users and
public access users by avoidipg locations adjacent to
windows and or outdoor prlvate open spaces or by
screening or other separation techniques.
Public amenities appropriate to the usage of the public
access space such as benches, picnic tables, public docks and
sufficient public parking to serve the users shall be
selected and placed to ensure a usable and comfortable
public ar~a..Interpretive features such as displays or
special viewing equipment shall be incorporated in public
access areas·
Regulated public access features may be limited as to
hours of availability and. types of activities permitted.
However, ~4-hour avallabillty is preferable and the access
must be available to the public on a regularly scheduled
basis.
All public access point features shall be provided through
land dedication, easement, covenant, or similar legal
agreement recorded with the Scott County Recorder's Office.
A minimum of one public access site should .be provided for
each development project adjacent to a significant wetland or
lake Environmental District unless access standards are met
elsewhere as part of a public access plan approved by the
City of Prior Lake or public access is not required for the
development.
The public access area should provide the public with visual
and physical access to the shoreline area. Preference will
be given to perimeter access which provides maximum exposure
to the land and surrounding activity.
A public access walkway should be provided along the entire
width of the shoreline and along views of the water and
prominent natural features.
Walking paths must be at ground level, finished with a
surface suitable for walking, such.as pavers, concrete, or
asphalt. Dirt or gravel is not suitable.
115
11.
Public access plans should contain the following elements and
should incorporate public improvements such as trails and
parks within developments: Relationship of proposed access
route to transportation systems; relation of access to
pathways, and adjacent land uses: identification, of special
opportunities: relation to recreational facilities; proposed
signage/ lighting, and furniture; safety considerations.
VIEWS AND VISTAS:
The maintenance of and improvement of views of community lakes
wetlands and natural features is a fundamental design element
that must be considered for all development proposals. Each
parcel of land contains unique natural characteristics such as a
knoll, bluff, wooded area or wetland, and all efforts should be
made to design neighborhoods, buildings and other structures to
accommodate and accentuate the natural elements which give
character, identity, and sense of place. The desire to view,
walk to and around natural features is a fundamental reason
residents choose to live in Prior Lake. For that reason, it is
imperative developments be designed to maximize accessibility to,
and viewing of, these features.
VIEW AND VISTA POLICIES:
Unique scenic views of lakes, wetlands, their shorelines and
other prominent natural features shall be enhanced, as much
as possible, by development sensitive to orientation,
~pacing, placement, and appearance of structures or
Improvements that are compatible with the natural topography
and vegetation.
Subdivisions and physical development must be designed to
protect the aesthetic characteristics and vistas of the
natural resources found on site. Limited development which
is sensitive to natural, scenic, or historical resource areas
may be permitted. The visual impact of altering the
landscape and of new development should be minimized.
Development of natural resource districts should be
compatible with scenic and natural qualities of the area.
Performance standards such as increased lot sizes, lot
widths, structure setbacks, and buffer areas should be
utilized to implement this policy.
Man-made structures should be placed or grouped to complement
one another and the natural landscape, provide visual
interest, and create a sense of place within the
development. Development should demonstrate a concern for
view of natural features as well as view from prominent
features such as hillsides. Structures may bm located in
view corridors if the slope of the lot permits full,
unobstructed view of the feature.
116
View corridors shall be in the direction of the predominant
view of the natural feature and, when topographically
possible, generally parallel to existing view corridors.
P~blic access of some sort, such as pedestrian walkways and
bike trails, adjacent to natural features will be required
within a subdivision or development area.
View towers and grade separated platforms may be used to
provide views of water and other natural resources.
Interpretive displays explaining.what is seen is also an
attractive feature. Such viewpolnts are considered viable
alternatives to trails or paths into certain sites.
117
PLANNING COMMISSION MEETING MINUTES AUGUST 6, 1992 PAGE 3
Vote taken signified ayes b~ Rose,h, Wuellner, Arnold, and
Loftus. MOTION CARRIED. Public Hearing closed at 8:45 P.M.
Recess called at 8:47 P.M. The meeting reconvened at 9:00 P.M.
The Public Hearing was called to order at 9:00 P.M. by Chairman
Loftus. A sign up sheet was passed to the audience to note the
names and addresses of all persons interested in the public
hearing.
ITEM V-PUBLIC HEARING-REZONING/COMPREHENSIVE PLAN AMENDMENT
Robert Smith of R.P.Smith Land Planning Consultants, Inc. 3009
West 70 1/2, Richfield, MN represented the applicant Jim Allen of
Westbury Ponds Corporation, 12433 Princeton Avenue, Savage, MN.
Mr. Smith stated Mr. Allen is requesting an amendment to the
Comprehensive Plan and Rezoning for approximately 60 acres of
vacant land in the Five Hawks neighborhood. The Comprehensive
Plan amendment would be to amend the subject site from medium
density to low density .residential and downzon? from R-3
Multiple ~amily .Resl~entlal agd B-3. General Business to R-1
~lngle Fam}ly R~sldentlal. The intent is. to develop the site
Into a residential development for approximately 120 homes.
Deb Garross presented the information as per memo of August 6,
1992 and stressed the fact the application is for an amendment to
the Comprehensive Plan and Rezoning of the subject site and not
the subdivision of the property. This would be done at a later
date. The market for R-3 land is almost non-existent in Prior
Lake at the present time. It is doubtful that the 16 acres of
restricted B-3 zone along STH 13 will be marketable in the near
future. The predicted business opportunities are forecast to be
in the County Road 42 and 83 area.
The property has been vacant for many years. The adjacent land
is residential and the proposal would be consistent with the
neighborhood. The area zoned C-1 Conservation would remain as
designated. The recommendation from Staff is to approve the
amendment from medium density to low density to the Comprehensive
Plan a~d to rezone from R-3 and B-3 acreage to R-1 residential
for Westbury Ponds and forward to the City Council.
Comments from the public were as follows:
Chris Johnson 3784 Pershing St.- questioned why development was
proposed on the ~ite and. e.x~ressed concern about vehicle and
pedestrian traffic impact, wlldllfe loss, wetland status, and
sidewalks.
Howard Staska 16651 Willow Lane - expressed concern about
increased traffic and questioned whether any of the currently
zoned C-1 land was proposed to be changed.
EXHIBIT F
PLANNING COMMISSION MEETING MINUTES AUGUST 6, 1992 PAGE 4
Don Ramm 16811 Willow Lane - expressed concern over traffic,
questioned when Five Hawks Road would be completed and he felt
that the commercial zone should not be changed.
Dan Stam 16828 Willow Lane - felt that the commercial zone should
remain and was concerned about increased traffic and speeding.
Emmy Schneider 16840 Elm Ave. S.W. - expressed that she was
pleased with the downzoning and questioned the number of houses
that are proposed by the developer.
Richard Bihler 3669 Willow Beach St. S.W. - questioned the
proposed subdivision and was concerned about lot density, size
of lots, and he felt the commercial zone should be kept for
future business opportunity.
Tom Schneider 16840 Elm Ave. S.W. - stated that he supported the
downzoning and connecting roads. However, he suggested
increasing lot sizes and the proposed park.
Tom Merchant 16705 Bay Ave. - felt that the
too small, he was concerned with lot sizes,
commercial zone should remain intact.
park designation was
and felt that the
Comments from the Commissioners were on: Lot sizes, extension of
Five Hawks Avenue, slopes, development .possibilities, C-1
boundary, positive changes, road connections and request is
reasonable. Ms. Garross clarified for the audience that the
commercial zone was a "contract zone" with limited business uses,
not a true B-3 zone. In addition, the city has identified future
commercial sites along County Road 42 and 18, and County Road 42
and 83, where it is felt that better traffic and market
opportunities exist for commercial development. Ms. Garross and
Mr. Smith were complimented on their presentation of the
development project.
.Lar.ry .Anderson, City Engineer, spoke on the wetland definitions,
3urlsdlctlon of agencies involved, and Metropolitan Council
procedures.
MOTION BY ARNOLD, SECOND BY WUELLNER, TO RECOMMEND TO THE CITY
COUNCIL THE APPROVAL OF THE AMENDMENT TO THE COMPREHENSIVE PLAN
FOR WESTBURY PONDS FROM MEDIUM DENSITY TO LOW DENSITY RESIDENTIAL
AMD THAT THE ZONING HAP SHOULD BE AMENDED TO REFLECT A REZONING
OF THE SITE FROM R-3, MULTI-FAMILY RESIDENTIAL AND B-3 GENERAL
BUSINESS TO R-l, SINGLE FAMILY RESIDENTIAL. RATIONALE BEING
THAT LOW DENSITY RESIDENTIAL IS CONSISTENT WITH THE NEIGHBORHOOD
AND THE LEVEL OF INFRASTRUCTURE AVAILABLE TO THE SITE AND THE
ZONING SHOULD BE AMENDED TO REFLECT THE CHANGE IN LAND USE
DESIGNATION TO BE CONSISTENT WITH THE COMPREHENSIVE PLAN.
PLANNING COMMISSION MEETING MINUTES AUGUST 6, 1992 PAGE 5
Vote taken signified ayes by Arnold, Wuellner, Loftus, and
Roseth. MOTION CARRIED.
MOTION BY ARNOLD, SECOND BY ROSETH, TO CLOSE THE PUBLIC HEARING.
Vote taken signified ayes by Arnold, Roseth, Wuellner, and
Loftus. MOTION CARRIED.
MOTION BY ARNOLD, SECOND BY WUELLNER, TO ADJOURN THE MEETING.
Vote taken signified ayes by Arnold, Wuellner, Loftus, and
Roseth. MOTION CARRIED.
Meeting adjourned at 10:55 P.M. Tapes of meeting on file at City
Hall.
Deb Garross Rita M. Schewe
Assistant city Planner Recording Secretary
PUBLIC HEARING
REZONING/COMPREHENSIVE
PLAN AMENDMENT
AUGUST 6, 1992
9:00 P.M.
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EXHIBIT H