HomeMy WebLinkAbout01-27-97REGULAR PLANNING COMMISSION AGENDA
MONDAY, January 27, 1997
6:30p. m.
2.
3.
4.
Call Meeting to Order:
Roll Call:
Approval of Minutes:
Public Hearings:
A. CASE #96-129 AND #96-113 ZONE CHANGE REQUEST AND PRELIMiNARY PLAT
FOR THE PROJECT KNOWN AS "WINDSTAR ADDITION".
B. CASE #97-001, #97-002 AND #97-003 ZONE CHANGE REQUEST, A VARIANCE
REQUEST AND A PRELIMINARY PLAT FOR THE PROJECT KNOWN AS "KNOB
HILL NORTH".
C. CASE #96-127 BUCKINGHAM DISPOSAL REQUEST A CONDITIONAL USE
PERMIT.
5. Old Business:
6. New Business:
A. CASE #97-005 MARK MICHAEL HOME OCCUPATION APPEAL.
7. Announcements and Correspondence:
8. Adjournment:
16200 E[~t~7~?~[k Ave. S.E., Prior Lake, Minnesota ~3a372-1714 / Ph. (612) 447-4230 / Fax (612) 44%4245
AN EQUAL OPPORTUNITY EMPLOYER
PLANNING COMMISSION MINUTES
JANUARY 13, 1997
1. Call to Order:
The January 13, 1997, Planning Commission meeting was called to order by Chairman
Criego at 7:02 p.m. Those present were Commissioners Criego, Stamson, Vonhof and
Wuellner, Director of Planning Don Rye, Planning Coordinator Jane Kansier, Planner
Jenni Tovar and Recording Secretary Connie Carlson.
2. Roll Call:
Vonhof Present
Wuellner Present
Stamson Present
Kuykendall Absent
Criego Present
3. Approval of Minutes:
MOTION BY VONHOF SECONDED BY STAMSON, TO APPROVE THE DECEMBER 9,
1996, MINUTES AS SUBMITTED.
Vote taken signified ayes by Criego, Stamson and Vonhof. MINUTES APPROVED.
Commissioner Wuellner arrived at 7:03 p.m.
Chairman Criego requested the Fairview Clinic matter be heard at this time.
5. Old Business:
A. CASE #96-102 FAIRVIEW CLINIC, 4151 WILLOWWOOD STREET SE, REQUESTED A
CONDITIONAL USE PERMIT TO CONSTRUCT A 3'-1" BY 15'-9" ILLUMINATED WALL
BUSINESS SIGN ABOVE THE EAST ENTRANCE OF THE BUILDING WERE IT FACES FIVE
HAV~KS AVENUE AND TH 13.
Planning Coordinator Jane Kansier presented the Planning Report dated January 13, 1997.
Universal Signs submitted an application for a conditional sign permit on behalf of
Fairview Clinic. Section 5-7-6 (C) of the City Ordinance states illuminated signs in the A-l, C-
I and Residential Zoning Districts require a conditional sign permit. The applicant requests a
permit in order to construct a 72 square foot illuminated wall business sign on the south
wall of the building facing TH 13. The proposed sign would be 4' by 18' and constructed
of vinyl graphics with an aluminum panel. Staffrecommended approval of the request
finding the proposed sign meets the conditions of the Ordinance. As a condition of
approval, the existing temporary sign must be removed.
MN011397 DOC PAGEI
Comments from the public:
Ray Piirainen, Director of Real Estate for Fairview Hospital, asked the Commissioners support
of the request and stated they will remove the temporary sign.
Comments from the Commissioners:
Vonhof:
· Directional signs are "Medical" and "Delivery".
· Piirainen said there were no traffic complaints from the neighbors.
· Piirainen explained the delay with the signs. Fairview merged with other clinics and changed
their signs/logos. He does not feel there will be any other sign changes.
Stamson:
" The sign design looks good.
· Agreed with staffand their recommendation.
Wueliner:
· Agreed with staff recommendation.
Criego:
· His only concern was the sign did not have any directional towards the residents and it faces
Highway 13.
MOTION BY STAMSON, SECOND BY WUELLNER, TO APPROVE RES. 97-01PC
GRANTING A CONDITIONAL SIGN PERMIT TO PERMIT AN ILLUMINATED WALL
BUSINESS S1GN IN A RESIDENTIAL ZONING DISTRICT AND AS A SIGN ACCESSORY
TO A CONDITIONAL USE PERMIT ON PROPERTY LOCATED AT 4151 WILLOWWOOD
STREET.
Discussion: The permit given on the first sign expired six months after the conditional use.
MOTION CARRIED UNANIMOUSLY.
4. Public Hearings:
A. CASE #96-124 NOTICE OF PUBLIC HEARING TO CONSIDER THE FOLLOWING
AMENDMENTS TO THE CITY CODE AND THE PRIOR LAKE ZONING ORDINANCE:
1. TO REMOVE PLANNED UNIT DEVELOPMENTS AS A CONDITIONAL USE IN THE
R-I, R-2 AND R-3 DISTRICTS;
2. TO APPLY THE SETBACKS FOR COUNTY ROADS AND COLLECTOR STREETS TO
"MAJOR" COLLECTOR STREETS ONLY;
3. TO REMOVE THE LANGUAGE REQUIRING ZONING BOARD OF ADJUSTMENT
APPROVAL OF TREE REPLACEMENT PLANS CONFORMING TO THE TREE
REPLACEMENT FORMULA;
MN0il397 DOC PAGE2
ADDING AN ORDINARY HIGH WATER MARX ELEVATION AS DETERMINED BY
THE MN DNR TO THOSE LAKES WHICH DO NOT HAVE A PREVIOUSLY
ESTABLISHED OHWM 0EFFERS POND, MARKLEY LAKE AND BLIND LAKE), AND
CHANGING THE OHWM ON HOWARD LAKE TO THE ELEVATION DETERMINED
BY THE DNR.
The hearing was open and there was no attendance by the public.
Planning Coordinator Jane Kansier presented the Planning Report dated January 13, 1997.
The public hearing was to consider several "housekeeping" amendments to the Zoning
Ordinance, A recent review of the Zoning Ordinance identified several minor amendments
which should be made immediately, rather than as part of the overall Zoning Ordinance revision.
The purpose behind these amendments is to simplify the administration of the current ordinance.
Each amendment was detailed in the report. Staff recommendation was to Motion for approval
by the City Council.
Comments by the Commissioners:
Wuellner:
· Agrees with the first three amendments.
· Questioned the ordinary-high-water mark on the lakes.
Vonhof:
· FEMA sets Hundred Year Flood.
· Rye explained the ordinary-high-water and the one hundred year flood.
Stamson:
· Good housekeeping measure.
Criego:
· Agreed
MOTION BY VONHOF, SECOND BY WUELLNER, TO RECOMMEND TO CITY
COUNCIL AN ORDINANCE AMENDING SECTIONS 5-3-3, 5-4-1, 5-5-16, AND 5-8-2 OF
THE PRIOR LAKE CITY CODE AND AMENDING SECTIONS 3.2, 4. l, 6.16, AND 9.2 OF
THE PRIOR LAKE ZONING ORDINANCE 83-6.
There were no discussions.
MOTION CARRIED UNANIMOUSLY.
6. New Business:
A. CASE #96-128 CITY ACQUISITION OF TAX FORFEITED PARCELS
Planning Coordinator Jane Kansier gave an overview of the StaffReport dated January 13, 1997.
MN01 [397 DOC PAGE3
The purpose of the issue is to consider City acquisition of tax forfeited parcels. The Scott
County Auditor recently submitted a list of properties in the County which will be on the
next tax forfeiture sale. The City has the opportunity to request a specified use deed from
the State for any of these parcels. A "specified use" is defined as any public use.
Minnesota State Statutes require the Planning Commission to review any acquisition or
disposition of land for compliance with the Comprehensive Plan. The Planning
Commission must make a recommendation to the Council on the acquisition of these
parcels. Several parcels of land in the City of Prior Lake are currently in tax forfeiture.
The Development Review Committee has reviewed these parcels on the basis of whether
there is a public need to acquire the land. The staffrecommends to the City Council three
of the tax forfeited lands which would be in compliance with the Comprehensive Plan,
and the City should proceed with the acquisition of these parcels.
Comments from the Commissioners:
Vonhof:
· Both parcels show some thought into why the City would require them, especially
development of trails and bike paths.
with the
Stamson:
· Agreed with parcels chosen.
· Good opportunity.
· Questioned the status of the lot between the two forfeited lots on Northwood.
Unknown)
Wuellner:
· No public need for other parcels.
Criego:
· Questioned if the neighbors requested ownership of these parcels.
· Farms are on either side of the strip to Arctic Lake.
· Public notices are not sent out - notice is in the Prior Lake American.
MOTION BY WUELLNER, SECOND BY VONHOF, TO RECOMMEND TO CITY
COUNCIL THE CITY ACQUIRE THE PARCELS RECOMMENDED BY STAFF.
Rye pointed out there is no cost to the City. The County conveys the deed to the City.
THE MOTION CARRIED UNANIMOUSLY.
B. ZONING ORDINANCE MEMO
Don Rye, Director of Planning, addressed issues brought by the Commissioners at the last
meeting. The next special meeting for zoning is set for Tuesday, January 28, at 6:00 p.m. in
Conference Room B at City Hall.
MN011397 DOC PAGE4
7. Announcements and Correspondence:
· The Council adopted the ordinance amendment regarding previously approved plats with
remaining outlots.
· Discussed feed back from the developers meeting held December 18, 1996. The main
concern by the developers were the time frames. Another concern was input from the
community on revising the Zoning and Subdivision Ordinance.
· Wild Oaks litigation status.
· Rye explained the status of the Country Joe Case - Eagan collector street fees.
· County Roads 18 and 21 construction.
· Annexation of parcels in Spring Lake Township.
8. Adjournment:
MOTION BY WUELLNER, SECOND BY VONHOF TO ADJOURN.
The meeting adjourned at 8:08 p.m.
Donald Rye
Director of Planning
Connie Carlson
Recording Secretary
MN011397 DOC PAGE 5
AGENDA ITEM:
SUBJECT:
SITE:
PRESENTER:
PUBLIC HEARING:
DATE:
PLANNING REPORT
4A
PUBLIC HEARING TO CONSIDER A ZONE CHANGE
FROM THE A-t (AGRICULTURAL) DISTRICT TO THE R-1
(SUBURBAN RESIDENTIAL) DISTRICT AND TO
CONSIDER APPROVAL OF PRELIMINARY PLAT TO BE
KNOWN AS WINDSTAR ADDITION
14.t4 ACRES LOCATED ALONG THE EAST SIDE OF
MUSHTOWN ROAD, DIRECTLY WEST OF WOODRIDGE
ESTATES AND EAST OF O'ROURKE ADDITION
JANE NSlER, PLANNING COORDINATO
X YES NO-N/A
JANUARY 27, 1997
INTRODUCTION:
The purpose of this public hearing is to consider two applications for the development of
the 14.14 acre site described above. The first application is a request to rezone the
property from the A-1 (Agricultural) district to the R-1 (Suburban Residential) district.
The second application is a request for a preliminary plat to be known as "Wmdstar
Addition".
Applicant:
Wensmann Realty
3312 151st Street West
Rosemount, MN 55068
Project Engineer:
Westwood Professional Services
14180 West Trunk Highway 5
Eden Prairie, MN 55334
Location of Property:
This property is located along the east side of
Mushtown Road, directly west of Woodridge Estates
and east of O'Rourke Addition.
Zoning and Land Use
Designation:
The property is presently zoned A-1 (Agricultural).
The applicant has requested a zone change to the R-
1 (Suburban Residential) district. The 2010
Comprehensive Plan identifies this property as R-
LMD (Urban Low to Medium Density Residential).
1:\96files\96subdiv\preplat\windstar~windpc. doc Page 1
16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612~447-4245
AN EQUAL OPPORTUNITY EMPLOYER
Adjacent Land Use and
Zoning:
Proposed Development:
Streets/Access/Circulation:
North: Commercial use and vacant City land zoned
B-3 and designated as C-CC (Retail Shopping
Community Commemial)
South and West: Single family dwellings and large
acre lots located outside the City limits.
East: Single family dwellings in Woodridge Estates
zoned R-1 and designated as R-LMD.
The proposed plat consists of 14.14 acres to be
subdivided into 21 lots for single family dwellings, for
a total density of about 1.5 units per acre. This
density is well below the maximum permitted density
of 3.5 units per acre.
The minimum lot size in the R-1 district is 12,000
square feet, with 86' of frontage at the front building
line. The lots in this development range from 12,020
square feet to over 50,000 square feet. All of the
proposed lots meet or exceed the minimum
requirements.
The preliminary plat also includes two outlots. Outlot
is 2.82 acres in size and is located on the eastern
boundary of the plat. This outlot covers a pond and
wetland along this boundary of the plat.
Outlot B is 2,258 square feet located at the northeast
intersection of Pondview Trail and Mushtown Road.
The applicant has indicated this outlot will be deeded
to the adjacent property owner.
For a more detailed explanation of the proposed
development, see the attached narrative submitted
by the developer.
This plat dedicates right-of-way for one new street.
Pondview Trail is extended 1,175 feet from its current
end in Woodridge Estates to Mushtown Road. This
street is designed with a 50' wide right-of-way and a
32' wide surface, which is consistent with the existing
portion of Pondview Trail. There are no sidewalks or
trails along this street.
The plat also dedicates 33' of right-of-way for the
east half of Mushtown Road, adjacent to this
property.
1:\96flles\96su bdiv~preplat\windsta r~windpc,doc Page 2
Grading/Erosion Control:
The preliminary grading plan was designed to allow
for the preservation of wetlands and significant trees
on the site. The majority of the grading on the site,
other than for roads and utilities, is on the north side
of the property. The developer is proposing to
excavate the northwest corner of the site to create a
stormwater detention and water quality pond (NURP
pond). The material from this excavation will be used
to fill the seven lots on the north end of the site as
walkout lots. The development will be required to
comply with the City's erosion control standards.
Storm Sewer/VVetlandsl
Water Quality:
Storm water runoff will be directed to the NURP pond
located in the northwest corner of the site via storm
sewer located in the street right-of-way. There is
also a storm sewer located between Lots 7 and 8,
Block 2, directing the emergency overflow from the
pond on Outlot A to the NURP pond.
There are two wetlands on this site totaling 3.25
acres. On the north end of the property there is a
0.07 acre wetland which overlaps onto the adjacent
property. The remaining 3.18 acre wetland is located
along the south and east side of the property.
The developer is proposing to fill 0.1 acre of the
south wetland for roads and a building pad, and to
mitigate this area on the north end of the site near
the NURP pond. A wetland replacement plan must
be submitted and approved prior to any grading on
the site.
Sanitary Sewer and
Watermain:
Sanitary sewer and water service will be extended
from the existing lines in Pondview Trail to serve this
property. The lines will be extended in the right-of-
way to Mushtown Road.
Easements:
The Developer will be required to dedicate drainage
and utility easements over the wetlands, stormwater
ponds, and over all sewer and water lines
constructed outside of the dedicated right-of-way. ^
30' wide drainage and utility easement is required
along the west side of Lot 10, Block 1, to protect the
existing sewer and water lines.
Tree Preservation:
This development is subject to the provisions of
Section 6.16 (Tree Preservation) of the Zoning
Ordinance. The applicant has provided an inventory
as required by this ordinance, but the tree
1:~96files\96subdiv~preplat\windstar\wind pc.doc
Page 3
preservation plan is calculated in total number of
trees rather than total caliper inches.
The ordinance allows up to 50% of the total caliper
inches of the significant trees to be removed, without
replacement or restitution, as a result of initial site
development and home placement. Initial estimates
indicate that the tree removal will be less than the
allowed 50%, but the developer will be required to
verify these numbers. If necessary, a tree
replacement plan must be prepared according to the
provisions of Section 6.16 of the Zoning Ordinance.
Landscaping:
This development is also subject to the requirements
of Chapter 7 of the Subdivision Ordinance, which
requires one (1) street tree per lot frontage and one
(1) front yard tree per lot. The applicant has
submitted a landscaping plan showing the proposed
location of the required trees, as well as the minimum
size and types, it must be noted that this
requirement is over and above the required
replacement trees.
Parkland Dedication:
The Developer shall comply with the park dedication
and contribution requirements as defined in the City
Code. The park dedication for the plat shall be
fulfilled through a cash contribution of $18,382.00.
This amount is calculated by multiplying 10% of the
gross acreage (14.14 acres) by the market value of
the land ($13,000).
Finance/Assessment Fee
Review:
This subdivision will be subject to a stormwater
management fee, a collector street fee, a trunk sewer
and water fee, and a lateral sewer and water fee. A
summary of the charges is shown on the attached
memo from Ralph Teschner.
ZONE CHANGE REQUEST:
The criteria for granting a zoning change include the following:
1. There was a mistake in the original zoning
2. Conditions have changed significantly since the current zoning was adopted.
3. The Comprehensive Plan has been amended,
Any of these criteria can be used to evaluate a request for rezoning.
1:~6files\96subdiv\prepiat\windsta r\windpc, doc Page 4
With the adoption of the 2010 Comprehensive Plan in June, 1996, this area was added
to the Municipal Urban Service Area and designated as R-L/MD. The R-1 district is an
appropriate zoning district for the R-L/MD designation.
The Planning staff believes that this request meets criteria #2 and #3. The addition of
this property to the MUSA is a significant change. Furthermore, the Comprehensive
Plan has been amended to include this area in the R-L/MD designation. The proposed
R-1 zoning is consistent with that designation.
PRELIMINARY PLAT:
A preliminary plat identifies proposed lot locations, areas and dimensions, road
locations, storm sewers, grading, location and grade of sewer and water, landscaping
and tree replacement plans, and other improvements to an undeveloped site. Once
preliminary plat approval is granted, the property owner has a vested interest in the plat.
For one year following preliminary plat approval, no ordinance amendment shall apply to
or affect the use, development density, lot size, lot layout, dedication required or
permitted by the approved preliminary plat.
The proposed preliminary plat meets the standards of the Subdivision Ordinance and
Zoning Ordinance. There are some engineering and ordinance requirements which still
must be addressed; however, these can be addressed by placing the following
conditions on the approval of this preliminary plat:
1. 'The proposed NURP pond does not meet City criteria. The slopes on the pond
must be 4:f above the Normal Water Level (NWL) and 6:~ below the NWL. The
maximum depth of the pond should be 4-5 feet. NURP pond calculations must
be submitted.
The pad on Lot 1, Block 2, must have 4:~ slopes toward the wetland. This pad
must also be located at least 30' from the 100 year flood elevation of the
wetland.
3. A wetland replacement plan must be submitted and approved by the City prior
to any grading on the site.
4. The berm around the NURP pond must be higher than the proposed High
Water Level.
The watermain and the sanitary sewer line in Pondview Trail must be extended
to the centerline of Mushtown Road. The sanitary sewer from manhole #6
shall be 0.80% as shown on the plans. Manhole #7 shall be located 25' west of
the centerline of Mushtown Road. The hydrant and valve shall be at the same
offset.
6. The right-of-way at Mushtown Road and Pondview Trail must have a 25' radius
at each corner.
1:\96fi]es~96subdiv\p replat\windstar~windpc, doc
Page 5
7. A revised tree preservation showing total caliper inches must be submitted. If
necessary, a replacement plan must be submitted and approved prior to final
plat approval.
8. The lot lines in Block 2 must be extended to the east boundary of the plat in
order to eliminate Outlot A.
9. If Outlot B is not deeded to the adjacent property owner, the Developer must
either provide a written explanation of the ownership and maintenance
responsibility for this parcel, or it should be dedicated as right-of-way.
ALTERNATIVES:
Recommend the City Council approve the zone change as requested, and adopt
Resolution #97-03PC recommending approval of the preliminary plat of VVindstar
Addition as presented and subject to the conditions listed in the resolution, or with
specific changes directed by the Planning Commission.
2. Table or continue the public hearing to a date and time certain and provide the
developer with a detailed list of items or information to be provided for future
Planning Commission review.
3. Recommend denial of the application based upon specific findings of fact.
C MMEND N:
Staff recommends Alternative #1
ACTION REQUIRED:
Since there are two separate applications involved in this request, the Planning
Commission must make two separate motions. A motion recommending approval of the
zone change to the R-1 district as requested is required, A separate motion to adopt
Resolution 97-03PC recommending approval of the preliminary plat of Windstar
Addition, subject to the listed conditions, is also required.
REPORT ATTACHMENTS:
1. Location Map
2. Preliminary Plat
3. Applicants' Narrative
4. Memo from Ralph Teschner
5. Resolution 97-03PC
1:\96files\96s u bdiv~preplat\windsta r\windpc,doc Page 6
Site Location Map
Source of Topography
Index Lo Drawings
Legal DeacrlpUon
Development Date
PRELIMINARY PLAT
WIN S AR
O.L. A
,DRIDGE
TATES
Pondview Trail
RST
Legend
t
I
/
O,L, A
WOODRIDGE
ESTATES
Pondview frail
FIRST
EDITION
PRELIMINARY UTILITY PLAN
WINDSTAR
NORTH
Legend
Plant List
Tree p~eservation limits
2-S0
2-SM
2-RO
2-S0
Tree Preservation Legend
7
Tree Detail
9 10
I WOODRIDGE
~RO I ES'rATES
= 2=RL-~
Pondview trail
-- 2-SM I FIRST
EDITIOH
preserve,ion limits
2
O.L. A
2-RO
2-SM
-Tree preservation limits
NORTtl
Planting Notes
WlNDSTAR
PROJECT NARRATIVE
Prior Lake, Minnesota
December 20, 1996
REQUEST
Wensmarm Realty, is proposing to subdivide 14.14 acres into 21 single family residential lots.
Approval is also requested to rezone the property from A-l, agricultural to, R-I, residential.
SITE CONDITIONS
Location/Land Use
The site is located south of Highway 13 and northeast of Mushto;vn Road. The site falls within
ihe Northeast quarter of the northwest quarter of Section 1 I, Township 114 North, Range 22
West. The site currently includes vacant land that has a history of agricultural use. Surrounding
land uses include single family residential to the east, south and west and industrial to the north.
Topography
Site topography is gently rolling ;vith elevations ranging from 948 to 976. Most of the
topographic relief is located in the north half of the site ;vith elevations from 948 to 970.
Vegetation
The majority, of the sire is open, mo;ved grass. Tree species on the site include poplar, oak,
maple, hackberry, basswood, elm, cedar and cherry,. Hickory, and ash also appear on site in small
quantities. Most of the trees are ~owing along the edge of the pond on the south end of the site
with the remainder along the north edge. A row of 8 cedar trees exists right at the entrance to the
site off Mushtown Road.
Soils
According to the Geotechnical Exploration, soils on the site consist mostly of silty sand and
clayey sand, which are suitable for the type of development proposed. See report, attached.
Hydrolog3¥Drainage
The site contains two wetlands totaling 3.25 acres. The wetland on the north end of the site is
0.07 acres and overlaps the adjacent property to the north. Located on the east side of the site
and running to the southwest west comer is the second wetland measuring 3.18 acres. These
wetland boundaries were delineated and flagged in the field on December 9, 1994 by Westwood
Professional Services, Inc. using the Corps of Eneineers Wetlands Delineation Manual. The
boundary of the north wetland was extended to the north on August I, 1996.
Drainage from the site flows offthe site to the north through the existing wetland to a I5" storm
pipe under Tower St., then east through the wetland to a storm pipe that also carries stormwater
from Mushtown Road north crossing under St. Trunk Hwy. I3. (See Existing Conditions
drawing.)
Access
Site access is from existing Pondview Trail to the northeast, and from existing Mushtown Road
from the southwest.
Utilities
Water and sanitary sewer are both available along Pondview Trail An eight inch sanitary, sewer
line extends into the property approximately ninety, feet and then extends north off the site. A six
inch water line also continues into the site approximately the same distance, tees with an eight
inch line in the Pondview RO W, then extends north off the site.
PROPOSAL
Rezoning
Wensmann Realty is requesting the rezoning from A-I, agricultural to R-1, residential in order to
subdivide I4.14 acres in to 2I single family residential lots at a gross density of
1.48 du/ac.
Subdivision
The minimum lot area required, in compliance with the zoning ordinance, is 12,000 square feet.
A minimum lot depth of 150 feet and a lot ~vidth, at the 25 foot setback line of 86 feet. is also
required. All lots meet or exceed these requirements. The average lot size is.20,482 s.f.
Site access will be from Pondview Trail and Mushtown Road. A proposed public street, as
extension of Pondview Trail with a right-of-way width of 50 feet and a bituminous surface of 32'
face to face, bisects the site Iinking the two access points. This street name will be Pondview
Trail, also. Half of the ROW, 33', will be dedicated for Mushtown Road.
Neither trails nor side~valks will be included in the proposed subdivision.
Outlot A encompasses a portion of an existing wetland in the southeast of the site.. Outlot B.
fronting on Mushtown Road, is a small, pie shaped piece, between the proposed right of way and
an existing, adjacent subdivision to the north. The applicant plans to deed Outlot B to the
adjacent neighbor.
Easements
All of the area below the High Water Level of the ponds on site has either been covered by an
easement or is in Outlot A. The public utilities passing through the north end of the site have
been placed in an easement.
Covenants
The applicant plans to establish restrictive covenants for the subdivision similar to the Hamilton
Hills subdivision currently underway in Savage. A homeowners association will not be
established, however, due to the size of the subdivision.
Architecture and Site Amenities
The applicant proposes to build 21 detached single family homes ranging in price from $140,000
- $190,000. Plan types xvill include rwo-stor/es, ramblers, and modified two-stories. The will be
in the r/~nge of 2,140 sq. feet.
At this time no special site identification (monument) is proposed. The developer plans to deed
outlot "B", as described in the previous section, to the adjacent homeowner when the
development is completed tf the City, requires a subdivision monument at the entrance of
Mushtown Road, it would be placed on Outlot B, described above, and a maintenance agreement
must be made with the adjacent homeowner for upkeep or easements established for the
monument and furore maintenance by all of the 21 homeowners in the proposed plat.
Street lighting will be installed in accordance with City requirements.
Tree Preservation/Planting
A tree inventory, was performed in compliance with the city's Tree Replacement Plan. Trees
xvere tagged as "significant" if the trunk diameter (caliper) measured six inches and above and
the species appeared on the city's "significant tree" list. A 25% removal of significant trees, due
to the construction of right of ways and drainage ways, was allowed. Another 25% removal of
significant trees was accepted due to the construction of the building pads. The total number of
significant trees removed on site did not exceed the maximum amount required by the city. (See
Tree Preservation Plan.)
The applicant is pursuing the possibility of transplanting the existing row of 8 cedar trees near
the entrance from Mushtown Road to Outlot B. The calculation of tree replacement for the site
has included these as 'qost' trees, and is not dependent on their preservation. The large size of
the trees is being evaluated relative to the survivability of the transplant process.
The landscape plan provides the two tree per lot requirement stated by the city's planting plan
ordinance. The plantings consist of sugar maple, swamp white oak, ash, hackberry, red oak and
linden. The plant species chosen are compatible with the existing plant communities on site.
G radinWStormwater/Wetlands
The site grading allowed fbr the preservation of wetlands and significant trees. Excavation for
storm water ponding was utilized as fill to create seven walkouts on the north end of the site.
The remaining lots will be full basement or lookout d~vellings. Water quality ponding is
provided to treat storm xvater runof±: Appropriate erosion control methods will be utilized during
construction per City, and other agency requirements.
Approximately 0.1 acre of wetland (4300 s.f) is proposed to be filled to allow for the public
· street, drive~vay access across a wetland and the creation of a walkout building pad located at the
southern portion of the site, south of the wetland. 4900 s.f of xvetland replacement is provided
north of the proposed ponding area.
The no?mai water level (NWL) of the existing pond in Outlot A will be set at 963.75 as requested
by the City. High water level (HWL) and I00 year storm elevation will be set at 966.3. The
lowest opening on any of the homes east of Pondviexv Trail will be 969.3 xvith the lo,vest floor
level at 965.75. A storm pipe set at an outlet elevation of 966.3 (HWL) xvilI convey stormw'ater
between lots 7 and 8 ofBiock 2 to Pondview Trail and then in a storm pipe bet~veen lots 5 and 6
of Block I to the created stormwater detention pond in the north~vest comer of the site. If the
stormwater pipes should plug or fail, an emergency overflow' is provided betw-een Lots 8 and 9 of
Block 2 and between 5 and 6 of Block 1.
The lowest building elevation of existing homes around the pond is 971.5. The lowest building
opening in the proposed development (969.75) is lower than the lowest existing building.
Therefore, the proposed pond elevation and overflow elevation will not adversely affect any
existing homes on the pond.
The new stormwater detention pond located in Block l is designed with a NWL of 949. An
outlet pipe at that elevation will convey water to the created wetland which will in mm overfloxv
into the existing wetland at elevation 948. Drainage calculations are pending.
The new stormwater pond conforms with the volume criteria of the National Urban Runoff
Program, however the side slopes of the pond do not meet the recommended 4:1 and 6:I slope
criteria Meeting this criteria does not work on this site due to the constraints of the site. The
infill nature of the project, confining access points and the odd parcel shape combined with the
high priority of preserwation of wetlands and vegetation, wetland replacement, do not leave room
for a stormwater pond ~vith flat sides.
Utilities
Sanitary and water services extend into the site, on the north end, and are available for potential
connection. A proposed eight inch sanitary, line and an eight inch water line will run the length
of the proposed roadway and tie in to the existing sanitary and water services.
Gas, electhcity, and cable will be installed in the ROW behind the curb line based on the criteria
set forth by the appropriate utility company, and in conformance with City standards. It is
expected that these will be extended from either or both Woodridge Addition on the east and the
O'Rourke Addition on the west. Further coordination with the individual companies will be
necessary..
Site Construction
The site construction would be a one phase process. It would start as soon as weather permits
during the spring of 1997 with public and site improvements beginning in early summer. Based
.on this timeline, home construction would begin by fail 1997.
Due to the short construction phase and necessity of importing fill material to balance the site,
minimal soil stockpiling will be needed. The initial concept is that topsoil only will be
stockpi'led at the back of Lot 3, Block 1 where there is currently no trees or proposed grading.
Erosion control will consist of silt fence installed along all edges of grading operations where
drainage is directed off site. Hay bales will be placed to protect all catchbasins. The erosion
control measures will be maintained during the entire construction process and until turf
establishment.
INTEROFFICE MEMORANDUM
TO: PLANNING
FROM: Ralph Teschner
RE: Windstar Addition
(assessment/fee review)
DATE: January 14, I997
A 14.14 acre tract in 11-114-22 (PIN #25 911 044 I) is proposed to be platted into Windstar
Addition. This area has received no prior assessments for City municipal utilities.
Since utilities are available to the property site, the cost for the extension of services internally
will be the responsibility of the developer. In addition to these improvement costs, the
subdivision will be subject to the following City charges:
Stormwater Management Fee
Collector Street Fee
Trunk Sewer & Water Fee
Lateral Sewer & Water Charge
16.8 cents/sq.ft.
$1500.00/acre
$3500.00/acre
150' @ $60.00/ff
The application of these City charges would generate the following costs to the developer based
upon a net lot area calculation of 9.87 acres of single family lots (430,138 sq. ft.) as provided
within the site data summary sheet of the preliminary plat description:
Lateral Sewer & Water Charge:
150' ~ $60.00/ff= $9,000.00
Trunk Sewer & Water Charge:
9.87 acres @ $3500.00/ac = $34,545.00
Storm Water Management Fee:
430,138 sf~ 16.8/sf= $72,263.00
Collector Street Fee:
9.87 acres @ $1500.00/ac = $14,805.00
These charges represent an approximate cost of $6200.00 per lot for the 21 proposed lots within
Windstar Addition. Assuming the initial net lot area of the plat does not change, the above
referenced storm water, collector street, trunk and lateral sewer and water charges would be
determined and collected within the context of a developer's agreement for the construction of
utility improvements at the time of final plat approval.
There are no other outstanding special assessments currently certified against the property. Also,
the tax status of the property is current with no outstanding delinquencies.
16200 Eagle Creek Ave. S.E.. Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
H:L~PLITS~qPL9701 DOC AN EQUAL OPPORTUNF/Y EMPLOYER
CITY OF PRIOR LAKE
NOTICE OF PUBLIC HEARING TO CONSIDER THE
ZONE CI:tANGE REQUEST AND PRELh-h4]lNARY PLAT FOR 'l'ktl~ PROJECT
IGNOWN AS "WLNDST.~R ADDITION"
You are hereby notified that the Planning Commission will hold a public hearing at Prior Lake
Fire Station #I, located at 16776 Fish Point Road, SE (Southwest of the intersection of CR. 21
and Fish Point Road), on Monday. January 2~'. 1997. at 6:30 p.m or as soon thereafter as
possible.
The purpose of the public hearing is to consider a Zone Change from the A-1 (Agricultural)
district to the R-1 (Suburban Residential) district and a Preliminary. Plat to be known as Windstar
Addition, consisting of 14.14 acres to be subdivided into 21 lotto for single family residential
dwellings on the property located along the east side of Mushtown Road. directly west of
Woodridge Estates and east of O'Rourke Addition. The subject site is legally described as
follows:
Legal~Descripfion:
That part of the Northwest Quarter of Section 11, To~vnship 114, Range 22, Scott County,
Minnesota described as follows:
Beginning at a point on the East line of said Northwest Quarter distant 842.84 feet southerly of
the Northeast comer of said Northwest Quarter;, thence North 00° 19' 09" east along said east
line a distance of 842.84 feet to the Northeast comer of said Northwest Quarter; thence West
along the North line of said Northwest Quarter a distance of 715.31 feet to a point distant
1924.78 feet east of the Northwest comer of said Northwest Quarter; thence South I9° 27' 00"
east a distance of 100.00 feet; thence South I7° 20' 48" East a distance of 99.48 feet; thence
South 160 32' 58" East a distance of 99.67 feet; thence South 17° 11' 00" East a distance of
210.0 feet more or less to the Northeast comer of the plat of O'Rourke Addition; thence South
17° 11' 00" East along the easterly line of said Addition and its southerly extension a distance of
380.00 feet to a point 80.00 feet southerly as measured along the southerly extension of the
easterly line of said Addition; thence South 72° 49' 00" West parallel with the southerly line of
said Addition a distance of 218.4 feet more or less to the center line ora Township Road; thence
southeasterly along said center line to its intersection with a line which bears South 53o 28' 40"
West from the point of beginning; thence No~h 53o 28' 40" East a distance of 600.66 feet to the
point of beginning. Containing 13.95 acres more or less.
And
That part of the Northwest Quarter (NW 1/4) of Section II, Township 114, Range 22, Scott
County, Minnesota, described as follows:
1:\96 fil¢$\96subdivk preplat\windstar\windpn.do¢ I
16200 Eagle Creek Ave. S.E.. P~or Lake. Minnesota ,55372-1714 / Ph. (612) 447-4230 / Fax (6121 447-424-5
AN EQUAL OPPOR~NITY F-MPLOYER
Commencing at the Southeast comer of the plat of O'Rourke Addition; thence Southerly along
the Southerly extension of the Easterly line of said Addition a distance of 40.00 feet to the point
of beginning of the tract of land to be described; thence continuing Southerly along said
e~ension a distance of 40.00 feet; thence southwesterly parallel with the Southerly line of said
Addition a distance of 218.4 feet more or less to the center line of a Township Road; thence
Northerly along said center line a distance of 40.00 feet to its intersection with a line parallel
with and distant 40.00 feet Southerly of the Southerly line of said Addition; thence Northeasterly
along said line to the point of beginning.
A complete copy of the Zone Change and Preliminary. Plat applications are available for review
at the Prior Lake Planning Department located at 16200 Eagle Creek Avenue, Prior Lake, MN
55372. An I 1 x 17" copy of the maps can be mailed to you by contacting Jane Kansier, Planning
Coordinator, at 447-4230 between the hours of 8:00 AM - 4:30 PM, Monday through Friday.
If you desire to be heard in reference to this matter, you should attend this public hearing. The
Planning Commission will accept oral and or written comments. If you have questions regarding
this matter, contact the Prior Lake Planning Department at 447-4230.
Jane Kansier, Planning Coordinator
City of Prior Lake
To be published in the Prior Lake American on Saturday, January. 11, 1997, and Saturday,
January. 18, 1997.
l:\96filcs\96subdiv\prepla~windstat\windpn.doc
2
RESOLUTION 97-03PC
RESOLUTION OF THE PRIOR LAKE PLANNING COMMISSION
RECOMMENDING THE CITY COUNCIL APPROVE THE PRELIMINARY PLAT
OF "WINDSTAR ADDITION" SUBJECT TO THE CONDITIONS OUTLINED
HEREIN.
WHEREAS:
the Prior Lake Planning Commission conducted a public hearing on January 27,
1997, to consider an application from Wensmann Realty for the preliminary plat
of W'mdstar Addition; and
WHEREAS:
notice of the public hearing on said preliminary plat has been duly published and
posted in accordance with the applicable Minnesota Statutes and Prior Lake
Ordinances; and
WHEREAS:
the Planning Commission proceeded to hear all persons interested in this issue
and [persons interested were afforded the opportunity to present their views and
objections related to the preliminary plat of W~ndstar Addition; and
WHEREAS:
the Planning Commission reviewed the preliminary plat according to the
applicable provisions of the Prior Lake Zoning and Subdivision Ordinances and
found said preliminary plat to be consistent with the provisions of said
ordinances; and
WHEREAS: the Planning Commission finds the preliminary plat of Windstar Addition to be
consistent with the 2010 Comprehensive Plan.
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE PLANNING COMMISSION OF THE
CITY OF PRIOR LAKE, MINNESOTA, that it hereby recommends the City Council approve the
preliminary plat of Windstar Addition subject to the following conditions:
The proposed NURP pond does not meet City criteria. The slopes on the pond must be
4:1 above the Normal Water Level (NWL) and 6:1 below the NWL. The maximum depth
of the pond should be 4-5 feet. NURP pond calculations must be submitted.
2. The pad on Lot l, Block 2, must have 4:1 slopes toward the wetland. This pad must
also be located at least 30' from the 100 year flood elevation of the wetland.
3. A wetland replacement plan must be submitted and approved by the City prior to any
grading on the site.
4. The berm around the NURP pond must be higher than the proposed High Water Level
5. The watermain and the sanitary sewer line in Pondview Trail must be extended to the
centerline of Mushtown Road. The sanitary sewer from manhole ti6 shall be 0.80% as
1:\96files\96subdiv~preptat~windsta r\rs9703pc.doc Page 1
16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
shown on the plans. Manhole #7 shall be located 25' west of the centerline of
Mushtown Road. The hydrant and valve shall be at the same offset.
6. The right-of-way at Mushtown Road and Pondview Trail must have a 25' radius at each
corner.
A revised tree preservation showing total caliper inches must be submitted. If
necessary, a replacement plan must be submitted and approved prior to final plat
approval
8. The lot lines in Block 2 must be extended to the east boundary of the plat in order to
eliminate Outlot A.
9o
If Outlot B is not deeded to the adjacent property owner, the Developer must either
provide a written explanation of the ownership and maintenance responsibility for this
parcel, or it should be dedicated as right-of-way.
Passed and adopted this 27th day of January, 1997.
William Criego, Chair
Prior Lake Planning Commission
Doqald Rye, Director. of Planning
City of Prior Lake
1:\96files~96subdiv\prepiat\windstar~rs9703pc.doc
Page 2
AGENDA ITEM:
SUBJECT:
SITE:
PRESENTER:
PUBLIC HEARING:
DATE:
PLANNING REPORT
4B
PUBLIC HEARING TO CONSIDER A ZONE CHANGE
FROM THE A-1 (AGRICULTURAL) DISTRICT TO THE R-t
(SUBURBAN RESIDENTIAL) DISTRICT, A VARIANCE TO
THE LOT WIDTH REQUIREMENTS AND APPROVAL OF
PRELIMINARY PLAT TO BE KNOWN AS KNOB HILL
NORTH
17.01 ACRES LOCATED DIRECTLY NORTH OF THE
KNOB HILL DEVELOPMENT, EAST OF MAPLE HILLS
ADDITION AND WEST OF EAGLE RIDGE ACRES
JANE KANSlER, PLANNING COORDINATOR
X YES NO-N/A
JANUARY 27, 1997
INTRODUCTION:
The purpose of this public hearing is to consider three applications for the development
of the 17.01 acre site located about 1/4 mile south of CR 42, and 1/8 mile east of Pike
Lake Trail, and formerly known as the Twiss property. The first application is a request
to rezone the property from the C-1 (Conservation) district to the R-1 (Suburban
Residential) district. The second application is a request for a variance to the lot width
provisions for two of the lots proposed in the subdivision. The third application is a
request for a preliminary plat to be known as "Knob Hill North".
ANALYSIS:
Applicant:
Gold Nugget Development
8857 Zealand Avenue North
Brooklyn Park, MN 55445
Project Engineer:
Pioneer Engineering
625 Highway 10 NE
Blaine, MN 55434
Location of Property:
This property is located about 1/4 mile south of CR
42, directly north of the Knob Hill development, east
of Maple Hills Addition, and west of Eagle Ridge
Acres.
Existing Conditions:
The property currently contains a single family
dwelling. One of the proposed lots will include this
1:\97files\97su bdiv\p replat~kn obn ort~knobpc.doc Page 1
16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
Zoning and Land Use
Designation:
Adjacent Land Use and
Zoning:
Proposed Development:
dwelling. The garage for this dwelling presently
encroaches onto the Knob Hill property to the south.
The developer plans to add this land to the final plat.
The property also includes some encroachments
from adjacent properties. A shed on the property to
the east presently encroaches into this site. The
owner of the shed will remove this encroachment, A
portion of the swimming pool on the property to the
northeast also encroaches onto this site. The
developer has platted this as an outlet, and plans to
convey to the adjacent owner.
The property is presently zoned R-1 (Suburban
Residential) and C-1 (Conservation). The applicant
has requested a zone change to the R-1 (Suburban
Residential) district for that portion of the property
zoned C-1. The 2010 Comprehensive Plan identifies
this property as R-LMD (Urban Low to Medium
Density Residential),
North: Single family dwelling zoned R-1 and
designated as R-LMD. This property is the site of the
preliminary plat of Maple Hills Second Addition.
South: Vacant land zoned R-1 and designated as R-
LMD. This land has been platted as outlets in the
Knob Hill plat.
East: Single family dwellings in Eagle Ridge Acres
zoned R-1 and designated as R-LMD,
West: Single family dwellings in Maple Hills Addition
zoned R-1 and designated as R-LMD.
The proposed plat consists of 17.01 acres to be
subdivided into 27 lots for single family dwellings, for
a total density of about 1.6 units per acre, This
density is well below the maximum permitted density
of 3.5 units per acre.
The minimum lot size in the R-1 district is 12,000
square feet, with 86' of frontage at the front building
line. The lots in this development range from 13,128
square feet to over 48,000 square feet. The
proposed lots also meet or exceed the minimum
frontage requirements, except for Lots 7 and 8, Block
3. These two lots are proposed "flag" lots with 20'
wide frontages. The applicant has requested a
1:\97files\97subdiv~preplat~knobnort~knobpc.doc Page 2
Streets/Access/Circulation:
variance to the lot frontage requirements for these
two lots.
The preliminary plat also includes four outlots. Outlot
A is 2,036 square feet in size and is located in the
north corner of the plat where it is adjacent to the
Maple Hills Second Addition. This outlot is intended
as a trail access to the north.
Outlot B is 3,555 square feet and is located along the
southern boundary of the plat. This outlot will be
attached to the property to the south in a later plat.
Outlot C is 1.57 acres in area and is located on the
south half of the plat. This outlot covers a NURP
pond and a wetland.
Outlot D is 1,236 square feet in size, and is located in
the northeast corner of the plat. A portion of the
swimming pool on the neighboring property
encroaches into this plat, and this outlot covers the
encroachment. The applicant is intending to convey
this outlot to the adjacent owner.
For a more detailed explanation of the proposed
development, see the attached narrative submitted
by the developer.
This plat dedicates right-of-way for three new public
streets. The first street is called Bluebird Trail, and is
located on the east side of the plat. This street
extends 625 feet from the south property line to the
north property line of the plat. Bluebird Trail will
eventually connect to Bluebird Tail in Knob Hill to the
south, and will also be extended to CR 42 through
Maple Hills Second Addition. This street is designed
with a 55' wide right-of-way and a 32' wide surface.
The right-of-way will accommodate the street and a
sidewalk along the east side of the street.
The second street, Hummingbird Trail, extends 1,200
feet from the southwest corner of the plat to Bluebird
Trail. This street will eventually extend south to
Carriage Hills Parkway through the Knob Hill
development. This street is designed with a 50' wide
right-of-way and a 32' wide surface. There is a
sidewalk on the south side of Hummingbird Trail from
Outlot C to Bluebird Trail.
1:\97files\97subdiv\preplat~nobnort~knobpc.doc
Page 3
Grading/Erosion Control:
Drainage/Storm Sewer: I
Water Quality:
Wetlands:
Sanitary Sewer:
The third street is the south portion of a cul-de-sac
called Hummingbird Court. This cul-de-sac is located
on the north side of Hummingbird Trail and extends
135' to the north property line. The remainder of the
cul-de-sac will be platted in Maple Hills Second
Addition.
This site requires considerable grading to meet City
standards for roads and house pads. The
preliminary grading plan was designed to allow for
the preservation of wetlands and significant trees on
the site. The applicant has submitted a preliminary
grading plan which, for the most part, meets City
standards. Some modifications will be necessary to
this plan. Two of the lots, Lots 3 and 4, Block 5, are
identified as custom graded lots, to take advantage of
the existing topography and trees on the site. A
separate grading plan for these lots will be submitted
with the building permit application.
The site is designed to drain to a NURP pond located
on the eastern half of Outlot C. There is storm sewer
located in Hummingbird Trail and Bluebird Trail which
directs the runoff to this pond. A small portion of the
site drains to a storm sewer located at the north end
of Bluebird Trail, This storm sewer will connect to a
storm sewer in Maple Hills Second Addition, and will
drain to a NURP pond located at the northwest
corner of that development.
There are three wetlands on this site totaling about
2.1 acres. The largest wetland is about 1 acre in size
and is located on the east side of the plat in Block 3.
On the western half of Outlot C is a 0.8 acre wetland,
and on Block 5 is a 0.3 acre wetland which overlaps
onto the adjacent property.
The developer is proposing to fill 0.04 acre of the
wetland in Block 3 for a building pad. The developer
also proposes to mitigate this area just east of the
existing wetland. The mitigation area is 0.73 acres,
which would allow the developer to bank some
wetland credits. A wetland replacement plan must be
submitted and approved prior to any grading on the
site.
Sanitary sewer service is not readily available to this
site. The applicant is proposing to extend sanitary
sewer from the Maple Hills Second Addition to the
1:\97files~97su bdiv~3replat~nobnort~(nobpc.doc Page 4
north. Sewer for Maple Hills Second Addition will be
from a 10" sanitary sewer line which must be
extended along the south side of CSAH 42 from Pike
Lake Trail to the east a distance of 700 feet to serve
this site. The 10" sanitary sewer line extension is
designed to be included with the upgrading of CSAH
42 (City Project 95-09) which is scheduled to begin in
the fall of 1997. The 10" sewer line would be
constructed in 1998, 60' south of the centerline of
CSAH 42. In order to take advantage of this project,
the development of Knob Hill North must be in
conjunction with the development of Maple Hills
Second.
As an alternative to bringing sewer from Maple Hills
Second, the developer could also extend sewer down
Pike Lake Trail to the northwest corner of the Knob
Hill property. This line can then be extended to serve
Knob Hill North.
Watermain:
Watermain service to this property will be extended
from the existing line located in Carriage Hills
Parkway to the south. This line must be extended
across a portion of the Knob Hill development to this
site. The developer of Maple Hills Second Addition
will then extend this watermain to serve that site.
Easements:
The Developer will be required to dedicate drainage
and utility easements over the wetlands, stormwater
ponds, and over all sewer and water lines
constructed outside of the dedicated right-of-way. A
20' wide drainage and utility easement is required for
the overflow storm sewer pipe between Pond 30 and
Pond 66.
Tree Preservation:
This development is subject to the provisions of
Section 6.16 (Tree Preservation) of the Zoning
Ordinance. The applicant has provided an inventory
as required by this ordinance, but it will require some
revisions. First of all, the tree inventory does not
include Basswoods as a significant tree as required
in the tree preservation ordinance. Second, the
developer is proposing to submit separate tree
preservation plans for the two custom graded lots. In
this case, the significant trees on these two lots must
be excluded from the total caliper inches. Finally, the
developer has proposed a 35% credit for the
coniferous trees on the site which are poorly
developed. While this may not be an unreasonable
1:\97files\97subdiv~preplat~knob no~t~knobpc, doc Page 5
request, the ordinance does not allow the staff the
discretion to make this decision. The developer must
submit an application for a variance, if necessary, to
provide this credit.
The ordinance allows up to 50% of the total caliper
inches of the significant trees to be removed, without
replacement or restitution, as a result of initial site
development and home placement. Initial estimates
indicate that a replacement plan will be necessary. If
so, a tree replacement plan must be prepared
according to the provisions of Section 6.16 of the
Zoning Ordinance.
Landscaping:
This development is also subject to the requirements
of Chapter 7 of the Subdivision Ordinance, which
requires one (1) street tree per lot frontage and one
(1) front yard tree per lot. The applicant has
submitted a landscaping plan showing the proposed
location of the required trees, as well as the minimum
size and types. Some changes are also required to
this plan. Lot 4, Block 3, and Lots 4 and 5, Block 5,
each require an additional front yard tree. Lot 3,
Block 5, requires two more trees. It must be noted
that this requirement is over and above the required
replacement trees.
Parkland Dedication:
The Developer shall comply with the park dedication
and contribution requirements as defined in the City
Code. The developer is dedicating some land in the
form of the trail areas on Outlot C and Outlot A, a
total of 0.15 acres. The remaining dedication
requirement will be fulfilled through a cash
contribution of $21,918.00. This amount is calculated
by multiplying 10% of the gross acreage (17.01 acres
minus 0.15 acres) by the market value of the land
($13,000).
Finance/Assessment Fee
Review:
This subdivision will be subject to a stormwater
management fee, a collector street fee, a trunk sewer
and water fee, and a lateral sewer and water fee. A
summary of the charges is shown on the attached
memo from Ralph Teschner.
ZONE CHANGE REQUEST:
The criteria for granting a zoning change include the following:
1. There was a mistake in the original zoning
1:\97files~7subdiv~preplat~knobnort~knobpc.doc Page 6
2. Conditions have changed significantly since the current zoning was adopted.
3. The Comprehensive Plan has been amended.
Any of these criteria can be used to evaluate a request for rezoning.
The C-1 district is intended to recognize and protect vital environmental resources of the
community such as steep slopes and wetlands. However, the environmental regulations
which now exist, such as wetland regulations, serve the same purpose. Furthermore,
the district boundaries in this case do not even cover the wetlands on the site. For
these reasons, the Planning staff believes that this request meets criteria #1 and #2.
The rezoning of this area to the R-1 district is appropriate based on the Comprehensive
Plan and current environmental regulations.
VARIANCE:
The applicant is requesting a variance to the minimum lot width of 86' at the front
building line for Lots 7 and 8, Block 3. The applicant is proposing to develop these two
lots as "flag" lots with 20' wide frontage for each lot. The actual building area is set
further back on the widest portion of the tot.
In reviewing this variance request, the Planning Commission must consider the following
Variance Hardship Standards:
1. 'Literal enforcement of the Ordinance would result in undue hardship with
respect to the property.
This criteria goes to whether reasonable use can be made of the property if the
Ordinance is literally enforced. In this case, the developer could develop these two
lots with the proper frontage by building a cul-de-sac. The construction of this cul-
de-sac would result in smaller lots, and would not create any additional lots.
2. Such unnecessary hardship results because of circumstances unique to the
property,
A unique circumstance in this case is the topography of this area. The two lots are
located between two existing wetlands. The only building sites on the lots are
located at the high point of the site with or without the required frontage.
3. The hardship is caused by provisions of the Ordinance and is not the result of
actions of persons presently having an interest in the property.
The existence of the wetlands on this site is a hardship over which the applicant has
no control. However, the applicant does control the development of this overall site.
4. The variance observes the spirit and intent of this Ordinance, produces
substantial justice and is not contrary to the public interest.
1:\97files\97su bdiv\p replat~knobnort\kn obpc.doc
Page 7
The size of these lots is not inconsistent with the size of the other lots in the
development. Furthermore, the proposed variance is not contrary to the public
interest in that it does not overburden the street by creating too may lots. The effect
of this variance can be minimized by requiring a shared ddveway between the two
"flag" lots.
PR RY :
A preliminary plat identifies proposed lot locations, areas and dimensions, read
locations, storm sewers, grading, location and grade of sewer and water, landscaping
and tree replacement plans, and other improvements to an undeveloped site. Once
preliminary plat approval is granted, the property owner has a vested interest in the plat.
For one year following preliminary plat approval, no ordinance amendment shall apply to
or affect the use, development density, lot size, lot layout, dedication required or
permitted by the approved preliminary plat.
The issues involved in this plat are similar to those involved in the development of
Maple Hills Second Addition to the north. First of all, services are not immediately
available to this site. The plan is to provide sewer service from the north, through the
Maple Hills Second Addition. In that case, the development of Knob Hill North is
dependent upon the development of Maple Hills Second. However, the developer does
have the option of extending services down Pike Lake Trail to serve this property. The
City has presently scheduled the upgrading of Pike Lake Trail, including the extension of
services to Knob Hill; for 1997 in the CIP.
Water service to this site must be extended from the existing service in Carriage Hills
Parkway. The developer, however, has control of this property as well as Knob Hill
North. He plans to submit a final plat and develop this portion of Knob Hill in conjunction
with Knob Hill North. Access to this property will also provided at that time.
Another issue involved in this plat is the fact that the grading plans for this plat do not
match the plans for Knob Hill or Maple Hills Second Addition in some locations. The
developer has control over the Knob Hill property, and can therefore address the
differences in that situation. The developer must work with the developers of Maple
Hills Second Addition to address the grading differences in the two plats.
The final issue in this plat is the creation of the two flag lots. If the Planning Commission
does not approve the necessary variance, these lots must either be eliminated, or a cul-
de-sac must be added to provide the proper frontage.
In general, the proposed preliminary plat meets the standards of the Subdivision
Ordinance and Zoning Ordinance. There are some engineering and ordinance
requirements which still must be addressed; however, these can be addressed by
placing the following conditions on the approval of this preliminary plat:
The grading plan must be revised to show the slit fence. In addition, a detail
of the retaining wall, including the type of wall, the height and the exact
location of the wall must be provided.
1:\97files\97su bdiv\preplat~knobno rt~nobpc, doc Page 8
2. The developer must work with the developer of Maple Hills Second Addition to
match the grading of the Hummingbird Court cul-de-sac.
3. The building pads on Lots 3, 7 and 8, Block 3, must be located at least 30'
from the 100 year flood elevation of the wetland.
4. The elevation of the walkout on Lot 2, Block 3, must be raised to 929.5 feel
The 927.0' emergency overflow elevation for Pond 66 must carry through on
the north end of the wetland mitigation area and tie into the existing 927.0
contour.
6. A 20' wide easement (10' on either side of the pipe) must be provided over the
overflow storm sewer pipe from Pond 30 to Pond 66.
7. A wetland replacement plan must be submitted and approved by the City prior
to any grading on the site.
8. As required by Section 6-4-2 of the Subdivision Ordinance, all existing public
and private sewers, watermains, etc., must be shown. This includes the
existing tank, well, and the entire septic system for the existing dwelling. This
system must be shown to ensure there are no conflicts with the proposed
construction. If there is a conflict, a conflict plan must be submitted.
9. The discrepancies between this plan and the plans for Knob Hill, specifically
the sanitary sewer at the end of Hummingbird Trail and at Bluebird Trail, and
the alignment of Bluebird Trail, must be addressed and resolved.
10. The sidewalk near the west end of Outlot C must terminate lO' from the lot line
of Lot 1, Block 5, and a pedestrian ramp installed at this location.
11. A revised tree preservation showing the changes and additions outlined in
this report must be submitted. If necessary, a replacement plan must be
submitted and approved prior to final plat approval
revised landscaping plan showing the changes outlined in this report must
be submitted.
13. If Outlot C is to be dedicated to the City it must be designated as "Park" on the
final plat. If it is not to be dedicated, it should be included as part of Lot 1,
Block 4,
14. If Outlot D is not deeded to the adjacent property owner, the Developer must
either provide a written explanation of the ownership and maintenance
responsibility for this parcel, or it should be dedicated as right-of-way.
15. The final plat for this property must be developed in conjunction with the
property to the south.
1:~97files\97subdiv~preplat~knob no rt~knobpc, doc
Page 9
f6. The encroachments on this site must be resolved prior to the final plat,
1. Adopt Resolution ~97-04PC approving the requested variance to the lot width, and
recommend the City Council approve the zone change as requested, and Resolution
#97-05PC recommending approval of the preliminary plat of Knob Hill North as
presented and subject to the conditions listed in the resolution, or with specific
changes directed by the Planning Commission.
Table or continue the public hearing to a date and time certain and provide the
developer with a detailed list of items or information to be provided for future
Planning Commission review.
3. Recommend denial of the application based upon specific findings of fact.
R C M N'
Staff recommends Alternative #1
I NR ·
Since there are three separate applications involved in this request, the Planning
Commission must make three separate motions. A motion adopting Resolution #97-04
PC, and approving the requested is required. A second motion recommending approval
of the zone change to the R-1 district as requested is required. Finally, a third motion to
adopt Resolution 97-05PC recommending approval of the preliminary plat of Knob Hill
North, subject to the listed conditions, is also required.
REPORT ATTACHMENTS:
1. Location Map
2. Preliminary Plat
3. Preliminary Plat of Maple Hills Second Addition
4. Applicants' Narrative
5. Memo from Ralph Teschner
6. Resolution 97-04PC
7. Resolution 97-05PC
1:\97files\97subdiv~preplat~knobnort~knobpc. doc Page 10
'1
11
Z_--JO
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I I
~ ~l,,! Ill
KNOB I:IILL NORTH
A SINGLE FAMILY RESIDENTIAL DEVELOPMENT
Proposed by:
Wayne Fleck
Brooklyn Park, MN
December 31, 1996
Requested Approvals:
The developer is requesting the City of Prior Lake to grant preliminary plat approval. A
lot width variance of 66 feet for both lots 7 and 8 block 3 has been filed in conjunction
with the plat.
Project Identification:
The owner of the project is Wayne Fleck. He is also the president of Gotd Nugget
Development, Inc., located in Brooklyn Park, who owns the Knob Hill development
which is adjacent to the south.
The project is a proposed single family residential development consisting of 17.01 acres,
is zoned R-1 single family residential and C-1 conservation with a density of 27 lots
which corresponds to a goss density of 1.59 lots per acre. Prior Lake's comprehensive
plan has designated the project site as low density residential, however the zoning
ordinance has approximately 12 acres of the site designated as conservation. An
application to rezone the conservation acres to R-I is filed with the preliminary plat.
Prior Lakes current conservation district served as early attempt to save and preserve
wetlands. The C-1 zones have never been legally described and only have general
relat!onship to the physical environment they were meant to protect. Recent legislation
especially the wetlands conservation act does a more than adequate job in preserving
wetlands. The proposed development is consistent with the current land use designation
and an anticipated R-1 zone for the entire site.
The project is located directly adjacent to and north of Knob Hill. To the west of the site
is the existing plat of Maple Hill and to the east is the existing plat of Eagle Ridge Acres.
Both of these developments are not served with municipal utilities and are zoned R-1.
Directly to the north of the site is a proposed development known as Maple Hill 2 ND.
Addition. Considerable coordination with respect to trail location and street and utility,
extensions has accrued. If this development is approved then the owners of Maple Hill
2ND Addition will pursue improvements in 1997 contemporaneous with this project.
Site Conditions:
The site consists of 17.0 l acres of rolling wooded land. A single family home exists at
approximately the center of the site which is located on lot 1 block 4 of the preliminary
plat. This home was the residence of the previous o~vner. A 24x30 accessory garage
encroaches on the Knob Hill plat by 4 feet. An outlot will be platted in the last phase of
Knob Hill to account for the overlap. Access to this home is via a long asphalt driveway
from Rolling Oaks Circle.
A survey of the site has revealed two structural encroachments. A swimming pool is
encroaching by 10.7 feet along the north property line. Negotiations are in progress for
this owner to pumhase a strip of land from the owner. The other encroachment of 7.5 feet
is an accessory outbuilding along the east property line. The owner of this structure has
stated he will remove the encroachment.
The topography of the site can be classified as rolling to hilly terrain. Approximately 32
feet of relief exists on the site between contours 922 and 954. The hilly portions of the
site are in the southwest, center, and southeast parts of the site. The lower parts of the
site are adjacent to the three delineated wetlands along the south and northeast property
line and a low swale like depression in the center of the site. The wetlands delineation
report by Peterson Environmental is attached to the application.
The soil exploration was done by Allied Test Drilling Company. Five standard
penetration test borings were put down throughout the site to a depth of 15 feet. Beneath
the surface layers stiff, sandy lean clay glacial hills were encountered. Groundwater was
not encountered at any of the boring locations. The report by Allied Test Drilling
concluded that favorable conditions for the support of the planned structures by
conventional, spread footings, foundation systems exists. The report by Allied Test
Drilling is attached to the application.
Tree Replacement:
A tree inventory was performed by Pioneer Engineering as required by city code. A total
of 6[8 trees were inventoried however some trees that were inventoried are not
significant trees. The previous owner introduced many of the trees that were inventoried
which is the reason that very few of the trees are over 14 inches in diameter.
Unfortunately most of the trees were planted too close especially the pines, which
impaired their development. The pine, fir and spruce trees are clustered in three areas.
In the southwest comer, along the northerly property line, and north of the existing home.
The tree preservation plan indicates that lots 3 and 4 block 3 will be custom graded by
the home builder. The reason for this is to allow flexibility in home placement to save
significant trees. The lot survey at the time of building permit application for these two
lots will show the significant trees which will be removed and tree replacement will be
accordingly. Please refer to sheet 12 for asummary of the caliper inches to be replaced
and significant trees to be saved.
The cities tree preservation ordinance defines coniferous trees as having foliage on the
outermost portion of the branches year-round and having a height of 12 feet or more.
Many of the spruce, pines, and firs that were surveyed as significant trees meet the
definition for heights but not for foliage. Many of these trees should be not be counted as
significant because they are deformed, have little green foliage and a poorly developed
root system, Therefore the applicant proposes that a 35% credit be applied against the
total caliper inches for all coniferous trees. There are a total of 210 coniferous trees on
the site totaling 1694 caliper inches for an average of 8.06 inches per tree. Of the 1694
total_caliper inches,637 are saved and 1057 are removed. Applying the 35% credit to the
total, saved, and removed caliper inches results in 592,222, and 370 inches respectively
Subtracting these credits from the totals of the entire site results in the replacement of 94
caliper inches versus 130 inches without any credit.
Site Design:
the phisiography and site dimensions limit design flexibility. Topography dictates that
considerable grading is necessary to achieve minimum city design standards for roads
and home pads. Comments from the Development Review Committee indicated the
extension of Bluebird Trail through the site to eventually connect to Rolling Oaks Cimle.
The committee also suggested that Hummingbird Court be extended to the north property
line to provide access to a unique and otherwise isolated hill of Maple Hill 2NDAddition.
An agreement exists between the owners of Maple Hill 2ND Addition and Wayne Fleck
for the coordination of street and utilities in Hummingbird Court. The location of the
east-west segment of Hummingbird Trail is dictated by the existing wetlands and depth
of the site. A lot width variance has been filed for lots 7 and 8 block 3 to provide access
flexibility in an effort to avoid substantial regrading.
Utility Plan:
The sanitary sewer and water mains have been sized in accordance with city
requirements. Due to topography the sanitary sewer from this site and a part of Knob Hill
has to flow north through the Maple Hill 2ND Addition and into the Prior Lake
interceptor sewer at Pike Lake Tr. And Co. Rd. 42. The water main will be extended
from Carriage Hills Parkway to the northern terminus of Bluebird Trail which will then
provide service to Maple Hill 2ND Addition. In turn Maple Hill 2ND Addition will
construct the necessary link of trunk sewer from the interceptor at Pike Lake Trail to
Knob Hill North.
Storm sewer has been sized to accommodate the Knob Hill North development and a
portion of Knob Hill. A water treatment pond currently planned adjacent to
Hurmningbird Trail in Knob Hill has been eliminated and all flows will be directed to
one larger pond in Outlot C in Knob Hill North.
Wetland Mitigation:
The preliminary grading plan proposes the filling of .04 acres of delineated wetland (see
Sheet 10). The only reason for the proposed filling is to account for the 30 foot setback
requirement between home and 100year high water level of pond 66. The preliminary
plat also proposes the wetland mitigation required as part of Knob Hill be satisfied in
Knob Hill North adjacent to pond 66. The principle reason for this change is that the
mitigation area in Knob Hill is heavily wooded with large mature oaks, maples, and
basswood trees. The impact would be considerably less in the Knob Hill North location
affecting only 18 significant trees of which most are 8-10 inches in diameter.
The formula for determining the amount of mitigation was recently revised to include a
credit for the construction of storm water treatment ponds. Subject to any revisions on
the preliminary plat Knob Hill North is entitled to bank .45 acres. This credit can be sold
to other developers or used in other projects.
Housin~ Styles and Values:
The home styles will be constructed in accordance w/th the grading plan (see Sheet 10).
The individual lots will be sold to home builders. Lot prices will range from $45,000-
$55,000 which will result in home values ranging from $200,000-$300,000. It is
anticipated that rest~ctive covenants will be filed with the plat. They will be submitted
for staff review with the final plat.
Outlots:
The preliminary plat show 3 outlots. Outlots A and C are park dedication. Additional
park dedication will be satisfied with a cash contribution.
Outlot B is an 11 foot strip of land that will eventually be added to lot 1 block 3 of Knob
Hill to satisfy the lot width deficiency that results because of the realignment of Bluebird
Trail in Knob Hill (see Sheet I I). The westerly shift of Blue bird Trail by approximately
55 feet results in a lot width deficiency for lot 1. Outlet B will be replatted and combined
with the last phase of Knob Hill into lot 1 block 3. The purpose Outlot D is to
accommodate a sale for the swimming pool encroachment.
Project Timin~ and Phasing:
If this development is approved construction will begin in the spring or early summer of
1997 with completion anticipated in fall. The project will not be phased.
INTEROFFICE MEMORANDUM
TO: PLANNING
FROM: Ralph Teschner
RE: Knob Hill North
(assessment/fee review)
DATE: January 14, 1997
A 17 acre tract in 26-115-22 (PIN #25 926 004 1) is proposed to be platted into Knob Hill North
Addition. This area has received no prior assessments for City municipal utilities.
Since utilities are available to the property site, the cost for the extension of services internally
will be the responsibility of the developer. In addition to these improvement costs, the
subdivision will be subject to the following City charges:
Stormwater Management Fee
Collector Street Fee
Trunk Sewer & Water Fee
Lateral Sewer & Water Charge
16.8 cents/sq.ft.
$1500.00/acre
$3500.00/acre
150' ~ $60.00/ff
The application of these City charges would generate the following costs to the developer based
upon a net lot area calculation of 9.61 acres of single family lots (418,612 sq. ft.) as provided
within the site data summary sheet of the preliminary plat description:
Lateral Sewer & Water Charge:
150' ~ $60.00/ff = $9,000.00
Trunk Sewer & Water Charge;
9.61 acres ~ $3500.00/ac = $33,635.00
Storm Water Management Fee:
418,612 sf~ 16.8/sf= $70,327.00
Collector Street Fee:
9.61 acres @ $1500.00/ac = $14,415.00
These charges represent an approximate cost of $4700.00 per lot for the 27 proposed lots within
Knob Hill North Addition. Assuming the initial net lot area of the plat does not change, the
above referenced storm water, collector street, trunk and lateral sewer and water charges would
be determined and collected within the context of a developer's agreement for the construction
of utility improvements at the time of final plat approval.
There are no other outstanding special assessments currently certified against the property. Also,
the tax status of the property is current with no outstanding delinquencies.
16200 Eagle Creek Ave. S.E_ Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
Fi:'~SPLITS~SPL9702 DOC AN EQUAL OPPORTUNITY EMPLOYER
RESOLUTION 97-04PC
A RESOLUTION GRANTING A 66 FOOT VARIANCE TO PERMIT A 20 FOOT
LOT WIDTH AT THE FRONT BUILDING LINE FOR THE LOTS PROPOSED
AS LOTS 7 AND 8, BLOCK 5, IN THE PRELIMINARY PLAT OF KNOB HILL
NORTH
BE IT RESOLVED BY the Board of Adjustment of the City of Prior Lake, Minnesota;
FINDINGS
Gold Nugget Development has applied for a variance from Section 5-4-1 of the City
Code and Zoning Ordinance in order to permit the creation of two lots in the R-I
(Suburban Residential) District on the property described as follows:
,That part of the.North 1/2 of the Northeast 1/4 of Section 26, Township 115 North, Range 22
West, Scott County, Minnesota, describes as follows: Commencing at the Northwest comer
of said North 1/2 of the Northeast 1/4; thence South 89 degrees 22 minutes 30 seconds East
(assumed bearing) along the north line of said North 1/2 of the Northeast 1/4 a distance of
960.00 feet; thence South 00 degrees 37 minutes 30 seconds West a distance of 410.89 feet;
thence South 63 degrees 58 minutes 50 seconds East a distance of 533.36 feet to the actual
point of beginning of the tract of land to be described; thence continuing South 63 degrees
58 minutes 50 seconds East a distance of 622.53 feet to the Southeast comer of Lot 5, Block
1, Plat of Eagle Ridge Acres; thence Southwesterly along the Westerly line of said plat a
distance of 424.10 feet to a point on the South line of said North 1/2 of the Northeast 1/4
distant 1898.00 feet East of the Southwest comer of said North 1/2 of the Northeast 1/4;
thence North 89 degrees 58 minutes 50 seconds West along said South line a distance of
1480.00 feet; thence North 3 degrees 33 minutes 54 seconds West a distance of 439.29 feet;
thence North 80 degrees 56 minutes 34 seconds East a distance of 185.41 feet; thence South
82 degrees 49 minutes 50 seconds East a distance of 728.50 feet to its intersection with a line
drawn South 21 degrees 46 minutes 10 seconds West from the actual point of beginning;
thence North 21 degrees 46 minutes 10 seconds East a distance of 335.81 feet to the actual
point of beginning.
2. The Board of Adjustment has reviewed the application for variance as contained in
Case #97-003 and held hearings thereon on January 27, 1997.
The Board of Adjustment has considered the effect of the proposed variance upon the
health, safety, and welfare of the community, the existing and anticipated traffic
conditions, light and air, danger of fire, risk to the public safety, the effect on property
1:\97files\97subdiv\preplat~cnobnort\rs9704pc.doc
1
16200 Ea§le Creek Ave. S.E., Prior Lake. Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
values in the surrounding area and the effect of the proposed variance on the
Comprehensive Plan.
4. Because of conditions on the subject property and on the surrounding property, it is
possible to use the subject property in such a way that the proposed variance will not
result in the impairment of an adequate supply of light and air to adjacent properties,
unreasonably increase congestion in the public streets, increase the danger of fire, and
danger to the public safety, unreasonably diminish or impair health, safety, comfort,
morals or in any other respect be contrary to the Zoning Ordinance and
Comprehensive Plan.
5. The special conditions applying to the subject property are unique to such property,
and do not generally apply to other land in the district in which such land is located.
The unique circumstances applicable to this location of the two proposed lots between
the two wetlands.
The granting of the variance is necessary for the preservation and enjoyment of a
substantial property right of the applicant. The variance will not serve merely as a
convenience to the applicants, but is necessary to alleviate demonstrable hardship.
7. The contents of Planning Case 97-003 are hereby entered into and made a part of the
.public record and the record of decision for this case. Pursuant to Section 5-6-8 of the
Ordinance Code this variance will be deemed to be abandoned, and thus will be null
and void one (1) year from the date of approval if the holder of the variance has failed
to obtain any necessary, required or appropriate permits for the completion of
contemplated improvements.
CONCLUSION
Based upon the Findings set forth above, the Board of Adjustment hereby grants and
approves the following variance for the creation of the two flag lots with frontages of 20'
and identified as Lots 7 and 8, Block 3, on the preliminary plat of Knob Hill North,
subject to the following condition:;
1. There must be one shared driveway for access to both of these lots.
Adopted by the Board of Adjustment on January 27, 1997.
ATTEST:
William Criego, Chair
Donald R. Rye, Planning Director
l:\97files\97subdiv\preplat\knobnort\rs9704pc.doc
RESOLUTION 97-05PC
RESOLUTION OF THE PRIOR LAKE PLANNING COMMISSION
RECOMMENDING THE CITY COUNCIL APPROVE THE PRELIMINARY PLAT
OF "KNOB HILL NORTH" SUBJECT TO THE CONDITIONS OUTLINED
HEREIN.
WHEREAS:
the Prior Lake Planning Commission conducted a public hearing on January 27,
1997, to consider an application from Gold Nugget Development for the
preliminary plat of Knob Hill North; and
WHEREAS:
notice of the public hearing on said preliminary plat has been duly published and
posted in accordance with the applicable Minnesota Statutes and Prior Lake
Ordinances; and
WHEREAS:
the Planning Commission proceeded to hear all persons interested in this issue
and persons interested were afforded the opportunity to present their views and
obje~;{ions related to the preliminary plat of Knob Hill North; and
WHEREAS:
the Planning Commission reviewed the preliminary plat according to the
applicable provisions of the Prior Lake Zoning and Subdivision Ordinances and
found said preliminary plat to be consistent with the provisions of said
ordinances; and
WHEREAS: the Planning Commission finds the preliminary plat of Knob Hill North to be
consistent with the 2010 Comprehensive Plan.
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE PLANNING COMMISSION OF THE
CITY OF PRIOR LAKE, MINNESOTA, that it hereby recommends the City Councit approve the
preliminary plat of Knob Hill North subject to the following conditions:
The grading plan must be revised to show the silt fence. In addition, a detail of the
retaining wall, including the type of wall, the height and the exact location of the wall
must be provided.
2. The developer must work with the developer of Maple Hills Second Addition to match
the grading of the Hummingbird Court cul-de-sac.
3. The building pads on Lots 3, 7 and 8, Block 3, must be located at least 30' from the fO0
year flood elevation of the wetland.
4. The elevation of the walkout on Lot 2, Block 3, must be raised to 929.5 feet.
5. The 927.0' emergency overflow elevation for Pond 66 must carry through on the north
end of the wetland mitigation area and tie into the existing 927.0 contour.
1:\97files\97subdiv~preplat~knobnortVs9705pc.doc Page 1
16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
6. A 20' wide easement (10' on either side of the pipe) must be provided over the overflow
storm sewer pipe from Pond 30 to Pond 66.
7. A wetland replacement plan must be submitted and approved by the City prior to any
grading on the site.
As required by Section 6-4-2 of the Subdivision Ordinance, all existing public and
private sewers, watermains, etc., must be shown. This includes the existing tank, well,
and the entire septic system for the existing dwelling. This system must be shown to
ensure there are no conflicts with the proposed construction. If there is a conflict, a
conflict plan must be submitted.
The discrepancies between this plan and the plans for Knob Hill, specifically the
sanitary sewer at the end of Hummingbird Trail and at Bluebird Trail, and the alignment
of Bluebird Trail, must be addressed and resolved.
10. The sidewalk near the west end of Outlot C must terminate 10' from the lot line of Lot I,
Block 5, and a pedestrian ramp installed at this location.
11. A revised tree preservation showing the changes and additions outlined in this report
must be submitted. If necessary, a replacement plan must be submitted and approved
prior to final plat approval
12. A revised landscaping plan showing the changes outlined in this report must be
submitted.
13. If Outlot C is to be dedicated to the City it must be designated as "Park" on the final
plat. If iris not to be dedicated, it should be included as part of Lot I, Block4.
14. If Outlot D is not deeded to the adjacent property owner, the Developer must either
provide a written explanation of the ownership and maintenance responsibility for this
parcel, or it should be dedicated as right-of-way.
15. The final plat for this property must be developed in conjunction with the property to
the south.
16. The encroachments on this site must be resolved prior to the final plat.
Passed and adopted this 27th day of January, 1997.
William Criego, Chair
Prior Lake Planning Commission
Donald Rye, Director of Planning
City of Prior Lake
1:~97flles\97subdiv'tpreplat~knobnort\rs9705pc.doc
Page 2
PLANNING REPORT
AGENDA ITEM:
SUBJECT:
APPLICANT:
SITE:
PRESENTER:
PUBLIC HEARING:
DATE:
Conduct public hearing to consider a conditional use
permit (CUP) and conditional sign permit for
Buckingham Disposal
Buckingham Disposal, Tom Buckingham
5980 Rainbow Parkway, north and east of CR21, about
1/8 mile east of Welcome Avenue
Jenni Tovar
X YES NO-N/A
January 27, 1997
INTRODUCTION:
In June of 1995, City staff became aware that Buckingham Disposal. Inc. had begun
operations at its present facility at 5980 Rainbow Parkway. The firm had not obtained a
certificate of occupancy. In evaluating the business, the Planning Department concluded
that the use which Buckingham was making of the site was not permitted in the I-2
zoning district. Buckingham appealed the decisions, and their appeal was upheld.
Staff was directed by the City Council to prepare an amendment to the Zoning Ordinance
which would explicitly permit recycling uses like Buckingham's as a conditional use in
the I-2 zoning district. At the same time, Scott County had been processing a license
application for Buckingham. The County was informed of the City's proposed action,
and that the facility would be allowed to operate during the preparation of the Ordinance
revision so that the license application could proceed.
The ordinance amendment was reviewed and approved by the Planning Commission on
December 11, 1995. The item was tabled at the December 18, 1995 City Council
meeting, and documentation indicating the ordinance was passed is not available.
However, based on recollections and actions of city staff to proceed with the Conditional
Use application for Buckingham, it is presumed that the ordinance was adopted. Staff is
bringing the ordinance amendment to the City Council on February 3, 1997 for review
again. The amendment will then be published, and the record will be very clear of the
ordinance amendment. In order to not delay Buckingham in their CUP application, staff
is proceeding with both items simultaneously.
96-127PC.DOC
16200 E'~e Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OI~PORTUNITY EMPLOYER
REVIEW PROCESS:
The proposed CUP should be reviewed in accordance with the criteria found in Section
7.5(C) of the Zoning Ordinance. Section 7.5(C) provides in significant part that "...A
conditional use shall be approve~t if it is found to meet the following criteria .... "
Resolution 95-19 outlines the standards and conditions for approval of the CUP for
Recycling Facilities.
SITE ANALYSIS:
The subject site consists of 2.78 acres of land located at 5980 Rainbow Parkway, north
and east of CR21, and about 1/8 mile east of Welcome Avenue. The site is surrounded
by industrial uses. Directly to the north is Prior Lake Mini-Storage, to the west is an NSP
Electrical Transmission Sub-station. To the south is CR21 to the east is Credit River
Township. The entire site is zoned I-2. The building was constructed in 1985 as an
office warehouse facility.
CONDITIONALUSE PERMIT ANALYSIS:
Section 7.5(C) sets forth several criteria for approval of a CUP. These criteria and the
staff analysis of compliance with these criteria are set forth below;
1. The proposed use conforms to the district permitted and conditional use
provisions and all general regulations of this Ordinance.
The proposed use is consistent with the conditional use provisions for the I-2 Light
Industrial zoning district.
2. The proposed use shall not involve any element or cause any conditions that may
be dangerous, injurious, or noxious to any other property or persons, shall
comply with the performance standards listed below.
The Scott County Department of Environmental Health is in the process of renewing
Buckingham's license. A recent on site inspection by the county revealed that the facility
is in compliance with county regulations. The business has been in operation since 1995,
and the city has not received any complaints in 1996.
96-127PC DOC 2
JKT
3. The proposed use shall be sited, oriented and landscaped to produce harmonious
relationship of buildings and grounds adjacent to buildings and properties.
The following table depicts Landscape Requirements and how thc applicant has
addressed them.
Trees
Entry
Parking Islands
Parking Screening
Other Screening
(Service storage Areas)
Plans
Ordinance Requirement
36 Trees (1/40' Perimeter)
Entry areas to be landscaped
(no specific required plantings)
One every 180'
On new parking Lots
6 Foot screen, combination of
fence/planting/berms.
Prepared by a Certified or
Registered Landscaped
Architect.
Applicant Proposal
4 Trees
On west island with sign and landscaping.
These trees do not count towards total required.
3 existing islands
N/A
Existing 6' chain link fence to include
slats.
Plans not signed.
4. The proposed use shall produce a total visual impression and environment which
is consistent with the environment of the neighborhood.
Because the building is existing and the use is existing, the effect on the environment of
the neighborhood is minimal.
5. The proposed use shall organize vehicular access and parking to minimize traffic
congestion within the neighborhood.
The proposed project provides sufficient area for vehicular parking, however the parking
stalls need to be striped and indicated on the plans. The ordinance requires 1 stall for
each employee. This results in 15 stalls (6 employees at Becker Arena Products and 9 at
Buckingham) required.
The ordinance requires parking areas and drives to be paved. The plans do not indicate
that all of the drives will be paved (or are currently paved). The access to the loading
docks and areas to be used by vehicles needs to be paved. Storage areas can remain
gravel, but parking and driving areas must be paved. These areas need to be identified on
the plans. Also, the plans must indicate that the building is 85' from the centerline of
CR21 and integrate the new CR21 into the plans. What will be the access to and from the
new roadway? The highway improvements need to be integrated into the plans.
6. The proposed use shall preserve the objectives of this Ordinance and shall be
consistent with the Comprehensive Plan.
The Comprehensive Plan designates this properiy as industrial.
96-127PC.DOC 3
JKT
The performance standards are set forth in Section 7.5(D) and relate to the following
factors;
· Fire protection,
· Electrical disturbance,
· Noise,
· Vibrations,
· Odors,
· Air pollution,
· Glare,
· Erosion,
· Water pollution.
The proposed project is not expected to result in any of the nuisance factors set forth in
the performance standards, and is thus consistent with these standards. Furthermore, the
approval of this CUP will not increase any off-site disturbances, as the business has been
in operation for over a year, with no complaints reported in 1996.
STANDARDS FOR LIGHT PROCESSING RECYCLING FACILITIES AND
DESIGNATED RECYCLING CENTERS (ORD. 95-19)
1. Such facilities must meet Minnesota Pollution Control Agency (MPCA)
requirements, or other state requirements, for recycling facilities.
The applicant can provide a written letter from MPCA indicating compliance.
2. The facility does not abut property planned, used or zoned for residential use.
The property abuts industrial to the north and west and street R-O-W to the south and
east.
3. The facility must meet the requirements for screening and landscaping contained in
Section 6.10 of the Zoning Ordinance, and the requirements for offstreet parking
contained in Section 6.5 of the Zoning Ordinance.
Addressed in CUP analysis on previous pages of this report. The applicant needs to
revise plans to meet the ordinance requirements.
Storage of recyclable materials outside a principal building, accessory building, or
enclosed containers is not permitted. Outdoor storage of containers for recyclable
materials is subject to screening requirements of Section 6. I0 generally, and Section
6.10(F) Parking Lot Landscape specifically.
96-127PC DOC 4
JKT
The applicant is proposing and does have existing outdoor storage containers for
recycling materials. These are located on the east side of the building. Therefore,
screening of this part of the site must be in accordance with Section 6.10 and 6.10 (F).
A combination of materials is required such as fence and plantings or berm and
planting, etc. To achieve opacity 80% year round. The applicant is proposing a 6'
slated chain link fence. Additional materials for screening are required.
The applicants indicate a scrap metal area on the site plan. This must be in an
enclosed accessory building or recycling container as indicated. Proper screening of
this area is also required.
5. If the facility is located within 500 feet of property planned, zoned or used for
residential use, hours of operation shall be restricted to 9:00 a.m. to 7:00 p.m.
The facility is located within 500 feet of property used for residential. This property
is located outside of the city limits to the east. Therefore, the hours of operation are
restricted to 9:00 a.m. to 7:00 p.m.
CONDITIONAL SIGN PERMIT
The sign ordinance requires that any signs on uses that are conditional require approval as
a Ci>nditional Sign Permit. The maximum allowed area is:
Wall Signs
Cannot exceed 20% front facade, maximum area of 200 sq. Feet.
Freestanding Signs Can have 2 sides of 75 feet maximum each side, no higher than 20'
above the centerline grade, and setback 10 feet from property line.
The applicant is proposing a 4 by 8 freestanding sign and two wall signs consisting of
108 sq. feet. The applicant needs to provide the city with dimensions of front elevations
such that the ratio of signs can be determined and submit the setbacks of the freestanding
sign on the site plan.
Adopt Resolution 97-02PC, (recommending the City Council approve the CUP for
Buckingham Disposal) and Resolution 96-03PC, (approving the conditional sign
permit) as presented or with changes recommended by the Commission.
Continue the public hearing to a date and time certain to allow the developer
and/or staff to provide additional information specifically requested by the
Planning Commission.
Based upon expressed findings of fact, recommend the City Council deny part or
all of the applications based upon inconsistency of the proposal with specific
regulations of the Zoning and Subdivision Ordinances and/or specific policies of
the Comprehensive Plan.
96-127PC DOC 5
JKT
RECOMMENDATION:
Staff recommends Alternative # 1 with no variances to the ordinance. Resolution 97-01
approving the CUP contains the following conditions:
The applicant must submit a revised landscape plan indicating improvements to be
made that meet all criteria of the landscape ordinance (6.10) as indicated in report
including screening of storage areas with multiple elements (not just a fence).
The applicant must submit a revised site plan indicating improvements to be made
that will meet all criteria of the offstreet parking ordinance (6.5). The plan needs to
specify what is paved and what is gravel. All driving/parking/loading areas are to be
paved. Also the revised site plan must indicate where parking spaces are to be
striped, as to delineate the parking areas from the drive aisle and to insure the proper
number of parking spaces are provided.
3. The applicant must provide full size building elevations to indicate roof-top screening
and size of any wall signs.
4. The applicant must submit a revised site plan to indicate setback from centerline of
CR21 and the access and layout of the site with the new expanded CR21. This must
.be approved by the Planning Department.
5. The applicant must obtain a certificate of occupancy for the recycling center from the
building official.
6. The applicant must submit a lighting plan which meets the requirements of the
ordinance.
7. The hours of operation are restricted to 9:00 a.m. to 7:00 p.m.
8. The applicant must provide the city with a letter from the MPCA indicating approval
of the site.
9. Outdoor storage of recycling containers must be screened as indicated in Ordinance
95-17. Such screening, using multiple elements, must be indicated on revised plans.
10. The improvements must be done before certified copies of the resolution are released
for recording at the county. The applicant has 30 days to submit plans that are meet
the requirements of the ordinance and conditions set forth in Resolution 97-02 (City
Code Section 5-6-5B). The applicant has until one year from the date of adoption of
Resolution 97-02 to complete the required improvements and record the resolution or
the Conditional Use Permit becomes null and void (Section 5-6-8).
96-127PC DOC 6
JKT
ACTION REOUIRED:
Motions to adopt the proposed Resolutions as written or with changes directed by the
Planning Commission.
96-127PCDOC 7
JKT
RESOLUTION 97-02PC
RESOLUTION OF THE PRIOR LAKE PLANNING COMMISSION
RECOMMENDING THE CITY COUNCIL APPROVE THE CONDITIONAL
USE PERMIT FOR BUCKINGHAM DISPOSAL INC..
MOTION BY:
SECOND BY:
WHEREAS
WHEREAS
WHEREAS
_.
WHEREAS
:
WHEREAS
WHEREAS
the Prior Lake Planning Commission conducted a public hearing on
January 27, 1997, to consider an application from Tom Buckingham for a
Conditional Use Permit (CUP) for Buckingham Disposal, Inc.
notice of the public hearing on said CUP has been duly published in
accgrdance with the applicable Prior Lake Ordinances; and
the Planning Commission proceeded to hear all persons interested in this
issue and persons interested were afforded the opportunity to present
their views and objections related to the CUP of Buckingham Disposal
Inc.; and
the Planning Commission finds the proposed use consistent with the
Year 2010 Comprehensive Plan; and
the Planning Commission finds the CUP of Buckingham Disposal Inc. in
harmony with both existing and proposed development in the area
surrounding the project; and
the Planning Commission finds the proposed CUP of Buckingham
Disposal is compatible with the stated purposes and intent of the Zoning
Ordinance as they relate to conditionally permitted uses, and further, that
the proposed CUP of Buckingham Disposal, Inc. meets the criteria for
approval of CUP is contained in Section 7-5 C 1-6 of the Zoning
Ordinance and Section 3 of the City Code.
RES97-02.DOC
16200 F~e Creek Ave. S.E., Prior Lake. Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE PLANNING
COMMISSION OF THE CITY OF PRIOR LAKE, MINNESOTA, that it
recommends the City Council approve the CUP for Buckingham Disposal Inc. subject to
the following:
1. The applicant must submit a revised landscape plan indicating improvements to be made that
meet all criteria of the landscape ordinance (6.10) as indicated in report including screening
of storage areas with multiple elements (not just a fence).
2. The applicant must submit a revised site plan indicating improvements to be made that will
meet all criteria of the offstreet parking ordinance (6.5). The plan needs to specify what is
paved and what is gravel. All driving/parking/loading areas are to be paved. Also the
revised site plan must indicate where parking spaces are to be striped, as to delineate the
parking areas from the drive aisle and to insure the proper number of parking spaces are
provided.
3. The applicant must provide full size building elevations with dimensions to indicate roof-top
screening and ratio of size of proposed wall signs.
The applicant must submit a revised site plan to indicate setback from centerline of CR21
and the access and layout of the site with the new expanded CR21. This must be approved
by the Planning Department.
5. 'The applicant must obtain a certificate of occupancy for the recycling center from the
building official.
6. The applicant must submit a lighting plan which meets the requirements of the ordinance.
7. The hours of operation are restricted to 9:00 a.m. to 7:00 p.m.
8. The applicant must provide the city with a letter from the MPCA indicating approval of the
site.
9. Outdoor storage of recycling containers must be screened as indicated in Ordinance 95-17.
Such screening, using multiple elements, must be indicated on revised plans.
10. The improvements must be done before certified copies of the resolution are released for
recording at the county. The applicant has 30 days to submit plans that are meet the
requirements of the ordinance and conditions set forth in Resolution 97-02 (City Code
Section 5-6-5B). The applicant has until one year from the date of adoption of Resolution
97-02 to complete the required improvements and record the resolution or the Conditional
Use Permit becomes null and void (Section 5-6-8).
11. The applicant must be in compliance with all city ordinances including those not
specifically detailed in this report.
RES97-02.DOC
SKT
Passed and adopted this 27th day of January, 1997.
CREIGO
KUYKENDALL
LOFTUS
WUELLNER
VONHOF
YES
CREIGO
KUYKENDALL
LOFTUS
WUELLNER
VONHOF
NO
Bill Creigo, Chair
Planning Commission
Donald Rye, Director of Planning
City of Prior Lake
RES97-02.DOC
IKT
RESOLUTION 97-03PC
A RESOLUTION GRANTING A CONDITIONAL SIGN PERMIT TO PERMIT
FOR AN FREE STANDING SIGN ON PROPERTY LOCATED AT 5980
RAINBOW PARKWAY FOR BUCKINGHAM DISPOSAL INC.
WHEREAS, Buckingham Disposal Inc. has applied for a Conditional Sign Permit
as required by Section 7.6 of the Zoning Ordinance in order to permit a free standing sign
and wall signs for a use requiring a conditional use permit at the following location, to
wit:
5980 Rainbow Parkway, legally described as:
That part of the South 274.55 feet of the East Three Quarters of the Southeast Quarter
(E 3/4 of SE 1/4) of Section 1, Township 114, Range 22, Scott County, Minnesota,
lying Northerly of the centerline of Scott County State Aid Highway No. 12, and
lying Easterly of the following described line: Commencing at the Southeast comer
'of said Section 1; thence on an assumed bearing North 01° 21' 00" West along the
line between the Southeast comer and the Northeast comer of said Section I, a
distance of 1251.72 feet; thence at right angles South 880 39' West, a distance of
1875.73 feet; thence South 860 11' 30" West, a distance of 84.66 feet to the East line
of the West 30.0 feet of the East Three Quarters of the Southeast Quarter of Section 1;
thence North 86° 11' 30" East, a distance of 514.66 feet; thence bearing South a
distance of 704.31 feet to the center line of County State Aid Highway No. 12; thence
South 63o 37' 56" East along the centerline of said Highway No. 12 a distance of
73.66 feet; thence bearing North a distance of 412.0 feet; thence bearing East a
distance of 944.0 feet to the actual point of beginning of the line to be described;
thence bearing South a distance of 870 feet, more or less, to the centerline of Scott
County State Aid Highway No, 12, and said line there terminating. Subject to an
easement for County State Aide Highway No. 12 over the Southerly 33 feet of the
above described land.
WHEREAS, the Planning Commission has reviewed the application for
conditional sign permit as contained in Case #96-127 and held hearings thereon on
January 27, 1997; and
WHEREAS, the Planning Commission has considered the effect of the proposed
sign upon the property in the surrounding area and the effect of the proposed sign on
traffic; and
16200 Eagle Creek Ave. S.E., Prior Lake. Minnesota 55372q714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
WHEREAS, because of conditions on the subject property and on the surrounding
property, it is possible to use the subject property in such a way that the proposed sign
will not danger to the public safety, have a negative impact on surrounding property or
traffic, and unreasonably diminish or impair health, safety, comfort, morals or in any
other respect be contrary to the Zoning Ordinance; and
WHEREAS, the contents of Planning Case 96-127 are hereby entered into and
made a part of the public record and the record of decision for this case. Pursuant to
Section 5-7-16 of the Ordinance Code the sign permit will be deemed to be null and void
six (6) months from the date of approval if the holder of the sign permit has failed to
complete the contemplated improvements.
NOW, THEREFORE, BE IT RESOLVED BY the Planning Commission of the City
of Prior Lake, Minnesota:
A conditional sign permit is granted to permit the construction of a freestanding sign and
wall signs for Buckingham Disposal Inc. as proposed in Exhibit A (the site plan
submitted with the conditional sign permit application contained in Case file 96-127),
attached to and made a part of the resolution with the following conditions:
1. Revised front elevations must be submitted with dimensions such that the proposed
wall signs do not exceed 20% of the front facade as indicated in Section 5-7-7.
2. Revised site plan must indicate the freestanding sign setback.
3. The proposed signs must meet all city ordinances.
Adopted by the Board of Adjustment on January 27, 1997.
ATTEST:
William Criego, Chair
Donald R. Rye, Planning Director
1:\96cup\96127\res9703 .doc 2
NOTICE OF HEARING FOR CONDITIONAL USE PERMIT
You are hereby notified that the Prior Lake Planning Commission will hold a hearing at Pdor Lake Fire
Station #1, located at 16776 Fish Point Road, SE (Southwest of the intersection of CR. 21 and Fish Point
Road), on Mondav. January 27. 1997. at 6:30 =).m. or as soon thereafter as oossible.
APPLICANT:
Buckingham Disposal, Inc.
5980 Credit River Road
Prior Lake, MN 55372
PROPERTY OWNER:
Tom and Sue Buckingham
5980 Credit River Road
Prior Lake, MN 55372
SUBJECT SITE:
Buckingham Disposal
5980 Rainbow Parkway
This property is located north and east of County Road 21 and about 1/8 mile
east of Welcome Avenue.
LEGAL
DESCRIPTION
That part of the South 274.55 feet of the East Three Quarters of the Southeast
Quarter (E 3/4 of SE 1/4) of Section 1, Township 114, Range 22, Scott County,
Minnesota, lying Northerly of the centerline of Scott County State Aid Highway
No. 12, and lying Easterly of the following described line: Commencing at the
Southeast corner of said Section 1; thence on an assumed bearing North 01° 21'
00" West along the line between the Southeast corner and the Northeast corner
of said Section 1, a distance of 1251.72 feet; thence at right angles South 88° 39'
West, a distance of 1875.73 feet; thence South 86° 11' 30" West, a distance of
84.66 feet to the East line of the West 30.0 feet of the East Three Quarters of the
Southeast Quarter of Section 1; thence North 86° 11' 30" East, a distance of
514.66 feet; thence bearing South a distance of 704.31 feet to the center line of
County State Aid Highway No. 12; thence South 63° 37' 56" East along the
centedine of said Highway No. 12 a distance of 73.66 feet; thence bearing North
a distance of 412.0 feet; thence bearing East a distance of 944.0 feet to the
actual point of beginning of the line to be described; thence bearing South a
distance of 870 feet, more or less, to the centerline of Scott County State Aid
Highway No, 12, and said line there terminating. Subject to an easement for
County State Aide Highway No. 12 over the Southerly 33 feet of the above
described land.
REQUEST:
The applicant is requesting a conditional use permit to operate a recycling facility
at the above location, zoned I-2 (Light Industrial). The Prior Lake Zoning
Ordinance requires a conditional use permit for these facilities in the ~-2 District.
If you are interested in this issue, you should attend this hearing. The Planning Commission will accept oral
and/or written comments. Questions related to this hearing should be directed to the Prior Lake Planning
Department by calling 447-4230 between the hours of 8:00 a.m. and 4:30 p.m.
Jane Kansier
Planning Coordinator
City of Pr[or Lake
TO BE PUBLISHED IN THE PRIOR LAKE AMERICAN ON JANUARY 11, 1997
96-127PN DOC
16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUN[TY EMPLOYER
/,
M,,O0,O0.OOS
/
/
CITY OF PRIOR LAKE
ORDINANCE NO. 95-19
AN ORDINANCE AMENDING TITLE 5 OF THE PRIOR LAKE CITY CODE
AND SECTIONS 3 AND 8 OF THE ZONING ORDINANCE, 83-06.
The City Council of the City of Prior Lake does hereby ordain:
Title 5 of the Prior Lake City Code and Sections 3 and 8 of the Zoning Ordinance, 83-06
are hereby amended as follows:
SECTION 8 - DEFINITIONS
8.1 General:
Certain words used in this Ordinance are defined and shall be
interpreted as follow:
RECYCLABLE MATERIALS - Materials that are separated from mixed municipal
solid waste for the purpose of recycling, including, paper, glass, metals, automobile oil,
batteries and other specifically allowed items. Refuse derived material or other material
that is destroyed by incineration is not a recyclable material.
RECYCLING FACILITY - A center for the collection, processing or repair of
rec¥clable materials for reuse in their original form or use in manufacturing processes.
Recycling facilities may include the following:
Designated Recycling Center: A recycling facility which has complied
with the permitting rules of the Pollution Control Agency and is open a minimum
of 12 operating hours each week, 12 months each year, and accepts for recycling
at least four different materials such as paper, glass, plastic, and metal.
Light Processing Recycling Facility: A building or enclosed space
occupying an area less than 45,000 square feet and used for the collection and
processing of recyclable materials. Processing does not include end-use
manufacturing or industrial use but may include the preparation of material for
efficient shipment or end-user's specifications, by such means as baling,
briquetting, compacting, flattening, grinding, crushing, mechanical sorting, and
skredding.
SECTION 3 - PERMITTED AND CONDITIONAL USES
3.3
STANDARDS FOR LIGHT PROCESSING RECYCLING FACILITIES
AND DESIGNATED RECYCLING CENTERS
I. Such facilities must meet Minnesota Pollution Control Agency (MPCA)
requirements, or other applicable state requirements, for recycling facilities.
2. The facility does not abut a property planned, used or zoned for residential
use.
3. The facility mu~t meet the requirements for screening and landscaping
contained in Section 6.10 of this Ordinance, and the requirements for off-
street parking contained in Section 6.5 of this Ordinance.
4. Storage of recyclable materials outside a principal building, accessory
building or enclosed containers is not permitted. Outdoor storage of
containers for recyclable materials is subject to the screening requirements of
Section 6.10 generally, and Section 6.10(F) Parking Lot Landscape
specifically.
5. If the facility is located within 500 feet of property planned, zoned or used for
residential use, hours of operation shall be restricted to 9:00 a,m. to 7:00 p.m.
PERMITTED USES
CONDITIONAL USES
I-2 LIGHT INDUSTRIAL
10. Light Processing
Recycling Facility
· 11. Designated Recycling
Center
This ordinance shall become effective from and after its passage and publication.
Passed by the City Council of the City of Prior Lake this 18th day of December, 1995.
ATTEST:
Mayor
Published in the Prior Lake American on the
Drafted By:
The City of Prior Lake
16200 Eagle Creek Avenue
Prior Lake, MN 55372
day of ,1995.
2
F~me Phone:.
Work Phone: 27-(o .. Gq~ I
Hcme Phone: qql- (ollq
Work Phone:
Phone: _q~'] - (~A~ - q%~ ~
APPLICATION FOR CONDITIONAL USE PER~IT
Applicant: ~J~A~a ~i&~)(~_~L, _~-~JC.
Address: 5q60 C~3~1T ~9.l~ '~ . '
Property Owner:
Address: ~-~oF-
Consultant: ~T~ ~ ~N ~-; -~---~¢.
Address: ~. ~
Proms~ ~nditio~ Use ~dress:
~ ~scription:
~ist~ Use of Pro~rty:
Pro~r~ ~reage:
~nditiop~ Use ~g ~uest~:
Deed P~strictions: ~ No Yes If so, please attach.
F~s the Applicant pr~iously sought to plat, rez0n,e, dotain a variance or conditional
permit on the subject site or any part of it:~No Yes Request:
use
SUBMISSION R~QUIPd~SENTS: (A) Completed application form. (B) Complete legal description and
parcel identification number (PID). (C)Fili~ fee. (D)Deed restrictions, if necessary.
(E)Fifteen copies of site plan drawn to scale showing existing/proposed structures.
(F)Additional information as requested by the Planning Director including but not limited
to: existing grades and buildings within 100 feet, drainage plan with finished grade and
relationship to existing water bodies, if any, proposed floor plan with use indicated plus
building elevations, landscape plan with schedule of plantings and screening, curb cuts,
driveways, parking areas, walks and curbing. (G)Certified from abstract firm the names and
address of property owners within 500 feet of the existing property lines of the subject
property. (H)Application and supportive data are due 20 days prior to any scheduled
hearing.
ONLY COMI:L~'I'~ APPLICATIONS S~%LL BE REVIDWED BY THE PLANNING (IIMMISSION.
To the best of my knowledge the information presented on this form is correct.
addition, I have read Section 7.5 of the Zcning Ordinance wb/ch spg-cifies
requirements for conditional uses. I agree to provide information and follow
procedures as outlined i~ the Ordinance.
Applj~ts ~ature ~_~ Date
/
Fee Owners Signature ~ Date
T~S~TION TO BE FILLED OUT BY THE PLANNING DIRECTOR
In
the
the
PLANNING COMMISSION
CITY COUNCIL
APPROVSD DENIED
APPROVED DENIED
CONDITIONS:
Signature of the Planning Director Date
PLAT MAP
0
00'~
~* ,CD
10
g293009 THOMAS - LAUREN COMPANY
PROPERTY LEGAL DESCRIPTION
County State Aid Highway No. 12, and lyin$ Easterly of the followin$
a distance of 1251.72 feet; thence at ri&hr angles South 88o39' Wear, a
distance of 1875.73 feet; thence South 86°11'30'' West, a distance of
84.66 feet to the East line of the West 30.0 feet of the East Three
Quarters of the Southeast Quarter of Section 1; thence North 86°1['30''
East, a distance of 514.66 feet; thence bearing South a distance of
704.31 feet to the center line of County State Aid Hithway No. 12; thence
South 63037'56" East sionE the centerline of said Highway NO. lZ &
distance of 73.66 feet; thence bearing North a distanc* of 412.0 feet;
bellnning of the line to be described; thence beariug South a distance of
}liihwny No. 12t and s&ld line there ter=inatin$. Subject to an easement for.County
State Aid High~ay No. 1~ over the Southerly 33 feet of the above described land.
A plat of the area is located on the following page.
#293009
THOMAS - LAUREN COMPANY
DEC ~
16:11 $00TT CO ?LANNING FAX NO. 6124968496
SCOTT COUNTY
SOLID WASTE FACILITY LICENSE A~PLIC~TION
Note tO al~li~ant:
Please print in black ink of =y~e all applicable information. ~e su~ to comple=~ all
completion of the
W~ING~ INC0~TZ ~PLI~TIONS WI~ BE ~D ~ )lOT CRSDITED AS ~EING ~CEIVED.
Info~ation contained in this aDp[ication become~ part. of the Li=ensing Agency's
official records and may be released :o the e~t~nt authorized by ~he Minnesota Data
~ractices Act, Minnesota Statutes
SECTION 1. IN~O~TION ~OUT T~
1) B~I~SS N~ ~ ' 4) SUSIN~SS STATUS
3) OFFICIAL ~ILI~6 ADD.SS (STREET, CITY; STAT~, ZIP COD~)
5) FACILIT~ N~ 6) MN ~USINES8 ID NUMBEK
7) SITE ADD.SS (ST~ET, CITY, STATE, ZIP CODE)
...... ~ ..... ~ .... . ,. ~ ........ 1~ ....
12) ~ TITLE ~) TELK~ON~ ~ 'M~ER
4) SITE OPE~TOR 15) TELEPHONE NUMBER
18) $f a pmrtne=~hip or Individually owned li~t the name(s)
nu~er(8) for all owne~. (Use addi~iuna~ ehee~, if necessary.)
19) ~f a Corporation or Cooperative, list %he names, addrasses, tmlephone numberz for
the foliowing: (Use additional shee~., if necessary.)
PRESIDENT
SECRETARY
ti tt
~>.~'96 THU 16:11 SCOTT CO PLANNING FaX NO, 6124968496 P, OS
TI. FACILITY II'FORMAT ION
1)
2)
Indicate the ty?~ of facility that you wi~h to operate.
expec=ed ~cn~ per dry, operating hours, and location of final disposal.
Attach a Copy of any application information required by the Minnesota Pollution
Control AgenCy, local municipality and any other a~ency that requires an
application.
certificatea of insurance in the ~ounts specified by Scott County must be provided to the
office. The application will not be considered complete until these forme have been
received and analyzed by the office.
1) Cmr~ific~tes of insurance ha~e already been sent to Scott
H~alt~/~ are included with this application. County Environmental
YES _~__ No
2) If NO, the insurance company will be sending the Certificates:
Directly to s¢ot~ County ~nvironmental Health.
To the applican~ who will s~nd them to Scott County Environmental ~ealth.
SECTION IV. FI~CIAL ASSt3RA~CZ.
Tile amount of Financial Assurance is established by the ~cott County Board of
Commissioners. The Office will inform you of ~he amount ~f financial assurance required.
This application will not be considered complete until these for:ss harm been received and
analy=ed by th~ Office. Lack Of financial assurance will nc~ prevent review of t~e
application.
~ECTION V. F~ SCHEDULE
1) ~NUAL LICENSE FEE
2) PENALTY FOR LATE APPLICATION (see instructions)
~) TOTAL FEE B~MITTED
Make check payable to Scott County Treasurer
SECTION VI. CCI~PLIANCE CERTIFICATION
I hereby certify that I hav~ read. understand end will comply wi~h all applicable solid
waste and designation ordinance requirements applicable ~o the countie~ I service. I ale0
certify that =he information on thi~ license applicatioo is correct and complete.
.-, 4 )
LICENSE CONDITIONS
BUCKINGHAM RECYCLING CENTER
5980 CREDIT RIVER ROAD
PRIOR LAKE, MINNESOTA
The following are recommended license conditions for this facility:
This license shall be subject to any and all conditions established by the City of Prior
Lake as part of their business license and any other City licenses or Ordinances.
The number of waste appliances stored at the facility shall not exceed sixty. Once the
number of appliances reaches sixty, the licensee shall have all appliances removed
from the facility. All appliances that contain hazardous materials (cfc's, pcb capacitors
and mercury shall be removed from the site by an appliance collector or delivered to a
facility that will remove the hazardous material.
Used oil and waste batteries shall be managed in accordance with the Scott County
Hazardous Waste Ordinance No. 12.
The number of waste tires shall not exceed fifty. The tires shall be stored in an
enclosed building or on an area in direct sunlight, void of any vegetation.
Access shall be controlled by whatever means the owner/licensee determines to be
workable. The owner/licensee shall be responsible for removal and proper disposal of
all unacceptable wastes.
Only source separated recyclables shall be managed at this site. Mixed municipal solid
waste shall not be transferred, stored in containers other than collection vehicles or
tipped for processing or transfer from this site.
An annual report shall be submitted by the owner/licensee listing all recyclables
accepted from Scott County businesses and residents.
The applicant shall pay an annual license fee in accordance with the adopted Fee
Schedule.
BUCKINGHAM DISPOAL, INC
5980 CREDIT RIVER ROAD
PRIOR LAKE, MN 55372
612-226-6441
6/95
S~Y OF OPERATIONS
BUCKINOI-IAM DISPOSAL COMPANY WAS FO~ 27 YBARS AOO WITH
TI-IE RECYCLING OPERATIONS STARTED IN SANUARY OF 1988.
BUCKINGHAM RECYCLES IS OPEN TO THE PUBLIC FROM 9 A. ML Tr~
3 P.Mi, MONDAY THRU FRIDAY WITH THE EX~ON OF ~AY
EVENING WHICH IS Trr,L 7 P./vi AND EVERY SATURDAY FROM 10 A. NL
~i~4Ul%~i-M_ATERIAL.A~C~ AT-THIS FAC]I~_ INCLUDE SCRAP k4E-~AL,
FEE ARE:~COMPOS_'.'~:~CE.( ~.,~2°~Es3 AND T.V.'S.
ALUMINUM~g ARE~3KCI~44~mD FROM THE PUBUC. WE OPERAT~ OUT
OF AN ENCLOSED BLr~,DING OF APPRO)L. 14,000 SQ. FT. Ar,L RECYC~.lNG
MA'I'm<IAL IS PROCESSED HER~ BY OUR OWN E1VI!0~DYI~,S (GI~NERALI,Y
TI-IF~:~ FULL TI/vfE) THAT DO STRICTLY RECYCLING SUCH AS BAr,lNG
CARDBOARD OR PLASTIC OR SIMPLY CRUSH/NO CANS OR ~,PIN(}
CUSTOMERS. MATERIALS ARE ~ TAKEN DIRECTLY OLrlI)OORS AND
PUT INTO S]~MI-TRArr .~S AND AI~ SHIPPED DIP~CTLY TO ~ Iv~ ,T S.
ON A ~AILY BASIS BUCKIN(}HAM HANDLES APPROX. ONE TON OF
CARDBOARD AND ONE THOUSAND POUNDS OF ALLRvflNUM CANS.
SCRAP lv~srAL, MA(}AT. rNES NEWSPAPER AND OTkn~ l~r,&~l~ l'l~vIS ARE
CONTAINI~ IN SMAr,r, AMOUNTS IN CA(}ED ~ CONTAINERS AND
TRANSi~'ni(RRT~ INTO ROLL-OI=F BOXES OI/IDOORS. W~ THEN TRANSPORT
OUR OWN MATERIALS TO MARKET. DF,/klNOI~S CONT~ IN A
SECONDARY CONTAINEK STORAOF, TANK AND IS EMPTnO~D ~WEEKLY BY:
ED]~L OIL S]~RVIC~ OF I~ORTI-IFD~ ,F), MN EPA ~vIND-985-?42-774.
BUCKINGHAM ALSO OPERATES A SOl ,r~ WASTE COT ,T .~CTION BUSII~SS
AND A ROLL-OFF CONSTRUCTION BOX RENTAL COMPANY WITH AN
ADDITION~h-"A-TEI~PEOYEES.-THE-TOTAL EMPI~YEES FOR Ar
OPERATIONS ARE NINE WHICH INCLUDES MY VffFE AND MY~gr.F.
BECKER ARENA PRODUCTS, INC. IS A TENANT OF OURS REN'rIN(} APPROXl.
~600 sg._ET. THeY MANI/FACTURE ICE HOCKEY ARI~AS AND EMPLOY LESS
THAN SIX EMPLOYEES. TI~ ~:~< MAIN OI~'ICE IS LOCAinu ON COTTONWOOD
LANE IN PRIOR LAKE.
BUCKING-HAM ALSO FOLLOWS THE SCOt1 COUNTY' REQUYR.EMEN~
W~CH ARE AS FOLLOWS:
THE NLEVIBER OF WASTE APPLIANCES STORED AT THE FAC~,rrY SI-IAI,r,
NOT EXCr~:~ SIXTY. ONCE THE NUMBER OF APPLIANCES REACHES
SIXTY, THE LICENSr~ SI-IA~ .~, HAVE Ar,L APPLIANCIES REMO'v.m3 FROM
TI-IE FACU. iE~. ALL APPLIANCES THAT CONTAIN HAZARDOUS
(CFC'S, PCB CAPACITORS AND MERCURY SI-I~.r. BE REMOVED FROM TI-IE
SiTE BY AN APPLIANCE COLLECTOR OR D~ .n;ERED TO A FACILITY THAT
W'~.L REMOVE THE HAZARDOUS MATERIAL. THE VENDOR WE USE IS JR'S
APPI_L42qCE DISPOSAL, INC. OF INVER GROVE I4'~IGHTS, MN.
USED OIL AND WASTE BATTERIES ARE MANAOF{D IN ACCORDANCE WITI-t
THE SCO/T COUNTY ~US WASTE ORDINANCE NO. 12
THE NUMBER OF WASTE TII~S DO NOT EXCEED FIFi'Y. THE TIRES ARE
STORED 1N AN ENCLOSED BLm .~INO OR ON AN ARF~ IN_DIKECT SLrN~OHT,
VOID OF ANY VEGETATION,
ACCESS SHALL BE CONTROLL~ BY WI-IATEVt~ ~S TI-IE OWN~:~d
LICENSEE DETERM]NES TO BF. WORKABLE. THE OWNER/LICENSEE SI-IA~
BIE RESPONSIBLE FOR REMOVAL AND PROPER DISPOSAL OF
UNAC ~.ffABLE WASTES.
ONLY SEPARATED REC¥CLABLES ARE MANAOES AT THIS SITE.
MUNICIPAL SOt ,r~ WASTE IS NOT TRANSFERRED, STOI~r~D IN CONTAINERS
OTI-l~< THAN CO~ .r .~CTION VEHICLES OR '£1P~,~ FOR PROCESSING OR
TRANS~P_~R~-) FROM TI-IIS
SCOTt COUNTY HAS NOT]I~a~D US THAT TH~ PRESENT ~ SYSTEM IS
ADEQUATE AND ACCEPTABLE AS THE CITY HAS APPROVED.
THE COUNTY HAS ALSO INFORNr~ US THAT TPIEY HAVE MArr.r~
NECESSARY FORMS AND THAT LICENSES WOULD BE APPRO'v~,13 BY THEM
ONCES WE HAVE COMPr,n~ V~'1rI THE CITY OF PRIOR LAKE ORDINANCES.
BUCKINGHAM COMPANIES
EMPLOYEE SUMMARY
AltEA 6-1-95
DRIVERS ~
ADMINISTRATION 3
RECYCLIN(} CENTER 2
CI',I~RICAL OFFICE 1
TOTAL ' 9
THF. "NEW" BUCKINGHAM
Provides Quality Disposal Service
And More
Buck/ngh~m likes to provide prompt service to customers. "We're the li~e company ~$ is big c~
~ervice." Service is really this company's only product, "so we p~uvide the best"
A reliable service record is what has kept Bucldngham in business md growing with communities it
Tom Buck/ngham started in the dispo~ busine~ whm he was a senior at Burnsviile I-~gh School.
9uring afternoons and on weekends he picked up trash in bis hometown of Savage with a pick~ mack He saidi
· i~ father w~ the person who provided tile/nspiration md encouragement to build ~ compmy/nto what it
~oday. The owner of the first landfill in Scott County, Ehner Buckingham ~ wifla Lis son's business up untiJ
/~e time o£his dee/h in December, 1985 at the age o£83. Buckingtmm's mother, Roee, is ~II active at age 85.
75 percent of the bus/ness of Buck/ngham Disposal is residential serv/ce exclus/vely to Savage and Prio~
bake residents.
The company also provides mil-off container box rental The tw~ trucks &~ deliver md pick up the roll-
~ff construction boxes are the latest teoh,ology, featuring a special Hydra~c~ s3ra~ develuped an8
~aanufactured/n France. The trucks are even equipped with Cel/ular phc~ae~ for quick gispatch service
Since he added the roll-offboxes to Lis service, Buckingham said there ins been conthauou~ derrumd fin
them "We have a lot of contractors wile use them, but there are also individuals who rmt them when/hey are
~do/ng a cleanup project or remodeling at their homes."
The Savage/Prior Lake businessman said there have been numerous eha~ee in the ~ol/d waste
~usiness since he started over 25 yems ago. '~t/s an induat~ &at is constantly ehan~o~g, and the new pl~ fin
id/sposing of solid wasted will affect us and out cuatomers." He said hi~ compmy includes a newsletter with the/~
IbilIings to/nt'orm customers about changes in rule~ fl~t will affect their sendce.
"We are a vevf sengce oriented and reliable company*', said Buck/ngfmm
"We may sound like a big company because we prey/de service tv a lot of customer, but we have less &~
[0 employees, and that/ncludes my wife Sue, and ray, el/ We have a/rear st~ff' and crew led by my nephe~
Shawn Holz, we're a close knit group. Just I/ke family," he ~aid.
_.Th..ey are a growing company and have numerous recycl/ng projects md a new fadlity located at
Credit River Read (County mad 21) in Prior Lake, MN. The center is open to the public but offers
'customers some very special incentives.
Adding Pr/or Lake to their service are~ several ye~s ago, has shown a~ reaid_~n~ want a fairer sym~n
xicing (volume based rates) where; you only "Pay for what you/how away."
Buckingham D/sposal cus~m~ may obtain a mambersMp card for hard to recycl~ items md law~
/ippings "free of charge" aimpiy by stopping at the Center, Money - Friday, 9:00 am - 3:00 pm, ThurscL~
.-ven/ngs fill 7:00 pm or Saturdsy from I0:00 am to 4:00 pm
In order to find out more about services available through The Bucldngharn Companies, call 226-644I.
Lloyd's Construction Services, Inc.
P.O. Box 604
16860 Welcome Ave. S.E.
Prior Lake, MN 55372
Phone 440-5832 Fax 447-5832
JAN I a 1997
January 13, 1997
Prior Lake Planning Commission
City of Prior Lake
16200 Eagle Creek Ave.
Prior Lake, MN 55372-1714
Members of the Planning Commission:
We received your notice of the hearing for a conditional use permit for the operation of a recycle
facility for Buckingham Disposal. We have known the Buckinghams for over twenty years, both
as a fellow business operator and as a competitor. They run a business that has been neat and
organized, and fills an important need for the residents of the area. Everyone knows how
important recycling is to our landfills, our environment, and in saving natural resources. We
believe that you should give strong consideration to approval of the conditional use permit, and
we should be proud to have Buckingham Disposal as a member of our Prior Lake business
community.
Sincerely,
James O. Lloyd
Lloyd's Construction Services, Inc.
440-5832
Licensee:
Business Name:
Address: ~[~
Transfer Station Inspection Forn
Scott County Environmental Health
Courthouse A102
428 Holmes Street South
Shakopee, MN 55379-1393
Tel: (612) 496-8177 Fax: (612) 496-8496
'"' /d{ '' ility
--... ,( ¢ .... ~ '. "~.-~,~.., % ~(' '~ Fac Tel:
City:. r Zip:
jOEC ;~-- /
NOTE: All items checked (/) below aze in compliance, for items that are
circled, see the comment/orders section below.
Section I. Operations
1. Annual Report Submitted
2. Daily Records Maintained
3. ',,/ Supervision Present
4. \/ Entrance Signs
5. ~ ,Traffic Control
6. ~/unloading
7. ¥ Waste Tire Management
8. , Putrescible Waste Management
9. ~/ Major Appliance Management
10. Industrial Waste Management
/
11. %~Unacceptable Waste Properly Managed
12. '~/ Waste Removal and Cleaning
13. ~ ,.6rderly Maintenance
14 -~-//Pr oper Storage
15. _~-Public Nuisance Control
16. %/w~ecyclable Material Management
17. ~/Waste Oil Management
18. ,/ Lead Acid Battery Management
19. Hazardous Waste Management
Sectio~ II. Comments/Orders
Others P[esent, /,,'//i'(' ~?f'[/~./
~/ Inspector s Signature
01670-2909 (2-96 16) Whiue-County Gold-Faciliuy
Operator's Signature,,
Pink-MPCA Yellow Township~ _~ '
~1 ~ED 12:08 P, 02
SCOTT COUNTY
PUBLIC WORKS AND LANDS DIVISION
600 COLrNTRY TRAIL EAST
JORDAN, MN 55352.9339
(612) 496-a346
Ms. Jane Kansier
Planning Coordinator
City of Prior Lake
16200 Eagle Creek Ave. S.E.
Prior Lake, MN 55372-171a
Conditional Use Permit (CUP) for BUCKINGHAM DISPOSAL
CSAH 17 / Vierllng Drive Intersection
Fax: (6]2) 496-8365
Dear Ms. Kansier:
We are in support of the CUP for BUCKINGHAM DISPOSAL as shown on the plans received
January 10, 1997 and offer the following comments/conditions:
· The westerly access is taken from Credit River Road, which is being turned back to the City as
part of the SAP 70-621-09 / CSAH 21 reconstruction.
· The easterly access is to be taken from CR 12, which is being realigned to intersect future
CSAH 21 at a 90 degree angle.
· No berrning or landscaping will be allowed within County right-of-way.
Thank you for the opportunity to comment. Please do not hesitate to contact us if you have any
questions or need additional information.
Sincerely,
ScoLt Merkley
Engineering Coordinator
c: Brad Larson - County Engineer
An Equal OpportuniO,/Safety aware Employer
7~'
P NIN T
AGENDA ITEM:
SUBJECT:
SITE:
PRESENTER:
REVIEWED BY:
PUBLIC HEARING:
DATE:
6A
CONSIDER APPEAL OF MARK MICHAEL FROM A
RULING OF THE ZONING OFFICER RELATING TO
HOME OCCUPATIONS (Case File #97-005)
4190 EAU CLAIRE TRAIL
JENNI TOVAR, PLANNER ~._~
JANE KANSIER, PLANNING COORDINATOR
YES X NO-N/A
JANUARY 27, 1997
INTRODUCTION:
Section 5-6-4 of the City Code provides for an appeal process from decisions of the
Zoning Officer. The Planning Director is the Zoning Officer in Prior Lake. The action
was initiated by a complaint regarding the home occupation operated by Mark Michael.
The attached letter from the applicant, dated January 13, 1997, details the appellant's
business and request for appeal.
DISCUSSION:
Recently, the city received a complaint regarding Mark Michael's home occupation. The
city conducted an investigation and determined that Mark Michael was operating a home
occupation involving warehousing and distribution of memhandise produced off the site,
without a permit, and determined that he must apply for a Home Occupation Permit. The
attached letter was sent on December 13, 1996 in response to the investigation. The letter
indicates that the home occupation must comply with the ordinance, by granting of a
home occupation permit, or be discontinued.
When a person wishes to carry on an occupation in or from their home, the Zoning
Ordinance requires that a home occupation permit be issued. A home occupation may be
permitted in residential zoning districts if the requirements of Section 6.8 of the
Ordinance are met. The requirements of this section are as follows:
16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
A. All material or equipment shall be stored within an enclosed structure.
B. Operation of the home occupation is not apparent from the street right-of-way.
C. The activity does not involve warehousing, distribution or retail sales of
merchandise produced offthe site.
D. The home occupation may be carried on by persons residing in the dwelling
unit and not more than one employee who does not reside in the dwelling unit.
E. The home occupation shall be carried on wholly within the principal structure.
Space within the dwelling devoted to the home occupation does not exceed
10% of the floor area or 300 square feet, whichever is greater. No portion of
the home occupation is permitted within any attached or detached accessory
building.
F. Exterior displays, signs (other than those permitted under the Sign Ordinance),
and outside storage of materials shall not be permitted.
G. Objectionable noise, vibration, smoke, dust, electrical disturbances, odors,
heat, glare or other nuisance factors shall not be disceruible at the property
line.
H. The home occupation shall not create excessive automobile traffic within the
neighborhood.
Mark Michael met with Don Rye, Planning Director in early January, 1997 to discuss the
requirement of the home occupation permit. The Planning Director indicated that
warehousing or distribution of merchandise produced off the site is not permitted as a
home occupation under the current ordinance.
According to the applicant, the home occupation, M&M Vending, has been in existence
in Prior Lake since 1989. The business includes warehousing food/vending products to
be delivered and sold in vending machines. Attached is a copy of the Home Occupation
Ordinance in place at that time. In 1989, the Zoning Ordinance permitted home
occupations subject to approval by the Planning Commission. The ordinance listed
several examples of typical home occupations but did not list warehousing or distribution.
There is no record of Planning Commission approval of Mr. Michael's home occupation.
Mark Michael contends that because he was operating his home occupation prior to the
change of ordinance in 1995, and that the previous ordinance did not prohibit
warehousing or distribution of merchandise produced off the site, that he should be
grandfathered in and granted a home occupation permit.
Staff's conclusion is that the appellant never applied for a home occupation permit.
Therefore, the interpretation is that he was and continues to mn a home occupation that is
illegal (no permit granted). Warehousing and ~listribution have never been a permitted
home occupation. There is no way of knowing if the Planning Commission would have
97-O05pc.doc Page 2
granted a home occupation permit for Mr. Michael's in 1989 or anytime prior to the
change in the ordinance. Staff's opinion is that it would not have meet the ordinance in
place at that time, but it is difficult to speculate ifa variance would have been granted or
conditions place on the permit to permit the proposed use or possibly the permit would
have been granted without the warehousing activity. The appellant could have applied
for a home occupation permit, but he did not. Therefore, he cannot be grandfathered in
and must meet the current requirements to receive a home occupation permit.
ALTERNATIVES:
1. Recommend to the City Council that it uphold the staff interpretation of the
ordinance.
Recommend to the City Council that it accept the appeal and find that Mr. Michael's
home occupation is legal and in compliance with City Code or can be grandfathered
in under the old ordinance.
3. Defer action on this request for specific reasons.
RECOMMENDATION:
Staff recommends Altemative No. 1.
ACTION REOUIRED:
Motion and second expressing the opinion of the Planning Commission.
97-O05pc.doc Page 3
five (5) feet as long as a minimum separation often (10) feet is maintained
between structures on the lot and adjoining lot.
· Title 5, Section 5-5-8 of the City Code and Section 6.8 of the Prior Lake Zoning
Ordinance 83-6 is hereby amended as follows:
Aery h
ome occupation ............... , ............. ~,, ......... *, ...... v
~ _~...~:~: ..... : .......~-:,~* .........'~-' may be permitted as an accessory use in
residential zoning districts if it complies with the requirements of this section. Thg
A. All material or equipment shall be stored within an enclosed structure.
B. Operation of the home occupation is not apparent from the street right-of-way.
C. The activity does not involve warehousing, distribution or retail sales of
lllgrchandise produced off the site.
D. The home occupation rfl0y,~,,~,,~1~1~ be carried on .oersons ,,j .................
...... ., residing in the dwelling unit i~n~i uot more than one employee who does
not reside in the dwelling umt ...... v,,,, ^v*~'~ r~_;~.,
E. The home occupation shall be carried on wholly within the principal o~
~ structure. Space within the dwelling devoted to the home
occupation does not exceed 10% of the floor area or 300 square feet.
whichever is greater. No portion of the home occupation is permitted within
any attached or detached accessory_ building.
F. Exterior displays, ~ signs (other than those permitted under the Sign
Ordinance, 94-6), and outside ' ~ ' storage of materials and
..~ ........ va,,, ~,;~:.,~ ~.~,,,. .... shall not be permitted
G. Objectionable noise, vibration, smoke, dust, electrical disturbances, odors ,
heat, glare or other nuisance factors shall not be di~c~rllible at the property
line pr-odu&~.
H. The home occupation shall not create excessive automobile traffic within the
neighborhood.
Title 5, Section 5-7 of the City Code and Section 7 of the Prior Lake Zoning Ordinance
83-6 is hereby amended by adding the following:
7.12 REIMBURSEMENT FOR CITY COSTS
A. PURPOSE
The purpose of this section is to provide a procedure to reimburse the City for its
cost of review, analysis, and evaluation of development proposals, conditional use
permits, comprehensive plan amendments, zoning amendments, and enforcement
of this Ordinance in cases where, due to the level of complexity of the application
under consideration, excessive costs beyond those normally incurred by the City
as a result of the administration of this Ordinance are incurred. The excess costs
Certified Mail
December 13, 1996
Mark Michael
4190 Eau Claire Trail
Prior Lake, MN 55372
RE: NOTICE OF VIOLATION OF THE PRIOR LAKE ZONING ORDINANCE
Dear Mr. Michael:
On October 18, 1996, the City of Prior Lake Code Enforcement Officer contacted you
about the business located in your home. In that letter, and in a later meeting with you,
we discussed the requirements for a home occupation permit. To date, we have not
received an application for a home occupation from you. It has also come to our
attention that you are still operating this business from your home.
This letter serves as your official notice of this violation. Please correct the violation
within THIRTY (30) DAYS of the date of this letter. You may do this by either
discontinuing the operation of the business, or by receiving a home occupation permit. I
have attached an application and a copy of the regulations for your information.
Thank you for your prompt attention to this matter. If you have any questions, please
contact me at 447-4230.
Sincerely, . ,
Jane A. Kansier, AICP
Planning Coordinator
L:\96CORRES~JANE\MICHAEL. DOC
16200 Eagle Creek Ave. S.E., Prior Lake. Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY F_MPLOYER
HUEMOELLER & BATES
ATTORNEYS AT LAW
16670 FRANKUN TR~dL
POST OFFICE B(~ 67
PRIOR LAKE, MINNESOTA SS372
lAMES O. BATES
BRYCE D. HUEMOELLER
January l3, 1997
Telephone (612)/,47.2131
Tele~o~ier (612) 4,(.7-S628
Mr. Donald R. Rye
Planning Director
City of Prior Lake
16200 Eagle Creek Avenue SE
Prior Lake, MN 55372
HAND DELIVERED
Re: Mark Michael, 4190 Eau Claire Trail, Prior Lake
Home Occupation
Dear Mr. Rye:
This letter is.intended as Mark Michael's notice of appeal to the Board of
Adjus[ment from the Notice of Violation contained in a letter of December 13, 1996
from Jane A. Kansier, Planning Coordinator, to Mr. Michael. We request that the
appeal be placed on the agenda of the Board of Adjustment and that we be promptly
notified of the time and date of the hearing, and supplied with a copy of the staff report
to the Board of Adjustment.
Mr. Michael has been operating a home-based vending business in Prior Lake,
known as M&M Vending, since November of 1989. The business operation has not
changed in any material way from that time to the present. He has one employee who
comes to his house in the morning, loads Mr. Michael's truck from vending inventory
stored in his garage, and leaves to stock vending machines in various locations,
returning the truck at the end of the day. The companies that supply product to Mr.
Michael each make deliveries to him once every several weeks. There is very limited
traffic to and from his home in connection with the business.
At some time in 1990 Mr. Michael determined the business needed more space.
He planned to build a new home in the Windsong development with an oversized
garage that would provide increased storage space for his inventory while completely
enclosing the operation, to insure the least disturbance to the neighborhood's residential
setting. Since this would add significantly to the cost of the home, he researched the
issue of what local regulations might prohibit or otherwise regulate his operation. He
obtained copies of both the county and city ordinances relating to home occupations and
discussed his plans with city staff. He was told by city staff that under the existing
Mr. Donald R. Rye
Page 2
January 13, 1997
ordinances he would not need a permit, and so proceeded with construction of the new
home, which was completed in April of 1993. He expected to continue his business for
many years and would not have committed to the expense of building this particular
house without being assured he was, or would be with the appropriate filings, in
compliance with local regulations.
When the new home received its final city inspection, Jay, the building
inspector, asked the house contractor about the need for the oversized garage. The
contractor, M&M Construction (unrelated to M&M Vending), mentioned that Mr.
Michael operated a vending business out of his home and needed the additional storage
space in connection with the business. No mention of a business permit was made at
that time. The issue also came up in 1995 when the Windsong homeowners'
association considered amending the declaration of covenants covering the
development, including provisions relating to home occupations. The zoning
committee, consisting of five owners in the development, researched the issue and
obtained a copy of the current home occupation ordinance. This committee also read
the ordinance as not requiring a permit for Mr. Michael's business.
The planning department apparently takes the position that under the current city
ordinance, Mr. Michael's business requires a home occupation permit and he must
promptly apply for one. Mr. Michael has also been told, however, by you and by Jane
Kansier, that it is unlikely he would be granted a permit now because his business
arguably involves "warehousing" of his vending inventory; and warehousing (not a
defined term) is not a permitted activity for a home business under the ordinance as
amended in May of 1996. Finally, he has been told that had he applied for (and likely
been granted) a home occupation permit under the ordinance as it existed prior to May
1996, his business would have been grandfathered in and therefore not affected by the
warehousing prohibition; but the fact he does not have a permit is fatal to the possibility
of being exempted from the new ordinance provisions.
Mr. Michael believes that, based on his efforts to investigate the permit issue
when he started the business, the city cannot now take the position that he should have
applied for a permit back in 1990. Moreover, Mr. Michael reports that at a meeting
with Ms. Kansier in October of 1996, Jay acknowledged that he had known about Mr.
Michael's storage of inventory at the time of the final house inspection in 1993.
Mr. Donald R. Rye
Page 3
January 13, 1997
Picture if you will the conversation in which he described his business to city staff and
was told a permit was not required; is it reasonable to expect him at that point to
demand a permit application, in anticipation of an ordinance amendment that could be
used several years later to severely disrupt his livelihood?
Mr. Michael has made every reasonable effort to conduct his business in a
responsible manner and to become aware of and comply with applicable local
regulations. He believes that not only was he entitled to rely on city staff's
interpretation of the previous ordinance, but that the interpretation was correct. To my
understanding, the ordinance prior to May 1996 read: "Any home occupation such as
an art studio, dress making, teaching or the professional office of a physician, dentist,
lawyer, engineer, architect or accountant, may be permitted..." All these occupations
involved services to members of the public who would visit the home, causing a
signifi.cant traffic increase in residential neighborhoods, and it is reasonable to read the
ordinance as being directed only at these types of occupations.
Recognizing that the decision appealed from originated in a complaint by a
neighbor who has disagreements with Mr. Michael unrelated to the business, and that
there are other more visible home occupations in Windsong that to our knowledge
operate without permits, we respectfully submit that Mr. Michael's business was a
conforming use, without permit, prior to amendment of the home occupation ordinance
in May 1996, and that he therefore need not apply for a permit under the present
circumstances.
Yours truly,
James D. Bates
JDB:bj
cc: Mark Michael