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HomeMy WebLinkAbout9B Andren Property Prelim Plat Phone 952.447.9800 / Fax 952.447.4245 / www.cityofpriorlake.com 4646 Dakota Street SE Prior Lake, MN 55372 CITY COUNCIL AGENDA REPORT MEETING DATE: JUNE 27, 2016 AGENDA #: 9B PREPARED BY: PRESENTED BY: DAN ROGNESS, COMMUNITY & ECONOMIC DEVELOPMENT DIRECTOR DAN ROGNESS AGENDA ITEM: CONSIDER APPROVAL OF A RESOLUTION APPROVING THE PRELIMINARY PLAT FOR THE ANDREN PROPERTY DISCUSSION: Introduction Hemlock Holdings LLC has applied for approval of a Preliminary Plat for the Andren Property. The applicant received approval of a variance from the Planning Commission related to the minimum corner lot area requirements on Lot 22 of the proposed development. The subject property is proposed to be developed as a 22-lot, low density residential subdivision. The development site is approximately 8.58 acres and is located south of Carriage Hills Parkway NE, north of Beach Street NE and east of Bluebird Trail NE. Current Circumstances A public hearing was held by the Planning Commission on June 20, 2016 at which time a number of people spoke in opposition to the proposed subdivision. Comments against the project related to the loss of trees, the need for this to be a public space, existing streets that were named “Court” which led people to believe they would become cul-de-sacs, issues with stormwater management, additional traffic, safety concerns, loss of privacy, and construction activity/traffic. The following paragraphs outline the physical characteristics of the existing site, the Comprehensive Plan and zoning designations and a description of some of the site specifics. Preliminary Plat: Subsection 1002.200 regulates the subdivision of land; the preliminary plat shows the proposed layout of the subdivision for preliminary approval. The plat is further evaluated as follows: a) Land area and characteristics: The development site area consists of 8.58 acres. In addition, the applicant is proposing a land swap with the City of Prior Lake. The applicant would exchange 19,449 SF of land to the west and north of the existing stormwater pond to the City of Prior Lake and expand the pond area in exchange for 5,158 SF of current pond area, owned by the City of Prior Lake, to be included in the development. After the property exchange, the total development area will be approximately 8.25 acres. The developable land area is 8.58 acres and the net developable area is 8.25 acres (subtracting area for storm ponds and including additional City property identified for a land exchange). The property is largely wooded and fairly sloped with elevations ranging from 924’ MSL along the southern property line 972’ MSL at the southern terminus of Dove Court NE. Further information on woodland preservation is provided below in the “tree preservation” section of this report. b) Zoning: The site is presently zoned R-1 Low Density Residential. c) 2030 Comprehensive Plan Designation: This property is designated for Low Density Residential uses on the 2030 Comprehensive Plan Land Use Map.This designation is consistent with the guiding for the property in the previous comprehensive plan as well. d) Surrounding land uses: land uses surrounding this proposed site include; north – existing single family residential housing; south – existing single family residential housing; west – existing single family residential housing; and east – existing single family residential housing and vacant lots guided for low density residential development. e) Access: Access to the site is available from the north via Dove Court NE and Raven Court NE and from the west via Hemlock Circle NE. f) Housing density: The total development area, including the land exchange area and subtracting the ponding area, is 8.25 acres. Using 22 total housing units and 8.25 net acres, the housing density is 2.67 dwelling units per acre. The density for new development in the R-1 Use District is 2.0 – 4.0 dwelling units per acre. g) Housing types: The proposed subdivision includes 22 single family detached units. h) Lots: The required minimum lot size in the R-1 Use District is 12,000 square feet with a minimum lot width of 86 feet. The lot sizes range in size from 12,019 square feet to 19,205 square feet. Front and rear yard setbacks are 25-feet; side yard setbacks are 10-feet. (A variance was requested for Lot 22, as further evaluated below under the “variance” section of this report.) The variance was granted by the planning commission but the variance related information is also included in this report for council information. i) Outlots: The final plat will dedicate an outlot(s) for additional stormwater ponding area to the north and west of the current stormwater pond. j) Streets: Right-of-way for local streets is being dedicated with this proposed plat, including a local street that extends Hemlock Circle NE easterly, and an extension of Dove Court NE and Raven Court NE southerly to Hemlock Circle NE. Local street right-of-way widths of 50 feet are being dedicated. k) Sidewalks and trails: No sidewalks or trails are proposed in this subdivision. l) Public park: Parkland dedication will be satisfied through a cash-in-lieu payment to the City Park Fund at the time of Final Plat approval. m) Wetlands: There are no wetlands located on this site. n) Stormwater management: One large stormwater management area is located southeast of this subdivision. The applicant is proposing to accomplish ponding requirements by expanding the existing pond located on City of Prior Lake property to the southeast of the development property. The majority of the existing site flows south to this existing stormwater pond. The existing pond is located on a city parcel and discharges directly to Prior Lake. This pond collects runoff not only from this site but also adjacent residential areas to the south and west. Further comments are provided in a staff memorandum attached to this report (Attachment 4). o) Public infrastructure/utilities: This proposed subdivision can be adequately served by municipal sanitary sewer and water. The Engineering Department has expressed initial concerns related to easement widths and sanitary sewer depth; however, the Engineering Department will continue working with the applicant to address their concerns. Further comments are provided in a staff memorandum attached to this report (Attachment 4). p) Tree preservation: A total of over 13,000 caliper inches for significant trees exist on the site. In accordance with City Ordinance, significant trees may be removed without any required replacement within the width of required easements for public streets, utilities and storm water ponding areas. In areas outside of the exempted areas, up to 35% of the total dbh (diameter at breast height) inches of all significant trees may be removed without replacement or restitution. Replacement of removed trees in excess of these allowable percentages are to be replaced at a ratio of ½ caliper inches per 1 caliper inch removed. The development will be required to replace 1,276.75 caliper inches of trees as a result of this development. The applicant has discussed alternatives for replacement with city staff due to the challenges of replacing trees on the development property. The applicant feels the best option may be to utilize a combination of the following items which are available to address this important tree replacement objective; they are listed in order of priority: 1. Provide larger replacement trees using larger caliper inch trees for replacement. 2. Provide future home owners of the proposed lots a tree planting allowance, to be used by the homeowner to plant trees after the home is constructed (probably set up to last from 2-3 years). 3. Provide an alternative reforestation plan for the city owned parcel located in the southeasterly portion of the project. 4. Provide an escrow fund to the City Parks Fund for future tree planting and tree maintenance projects on city owned property. Staff will work with the applicant to finalize the extend of each option used as identified above. q) Shoreland: This property is located within the Shoreland District of Lower Prior Lake and therefore will be regulated by the Shoreland Ordinance including impervious surface limitations. All lots must meet the 30% maximum impervious surface requirement when submitting building plans. The Planning Commission approved a variance as further described below after a public hearing was held on June 20, which is provided in this report as information only related to the proposed preliminary plat. Variance: The applicant received a variance from the minimum corner lot area requirement on Lot 22. Subsection 1004.302 of the Subdivision Code states, “Corner lots for residential use shall exceed the minimum width and area requirements in the Zoning Use District by twenty percent (20%) to permit appropriate building setback from both streets as required in the Zoning Ordinance.” In this case the applicant is requesting a variance from the requirement of a 14,400 square foot corner lot to allow Lot 22 to be 12,019 square feet. Approval of the variance would allow the applicant to plat a larger parcel on Lot 20 (14,268 SF) in order to preserve additional trees between Lot 20 and the neighboring home site which has a side entry facing Lot 20. Subsection 1108.406 of the Zoning Ordinance identifies five criteria for reviewing and approving variances to provisions of the Zoning Ordinance as follows: 1. There are practical difficulties in complying with the strict terms of this Ordinance; the property owner proposes to use the property in a reasonable manner not permitted by the Zoning Ordinance. Economic considerations alone do not constitute practical difficulties. Response: In order to preserve natural features on Lot 20, the applicant is requesting a variance form the minimum corner lot area requirement for Lot 22 and is proposing to increase the size of Lot 20. The property owner is proposing to use the property in a reasonable manner and failure to grant a variance will likely result in additional tree removal. 2. The granting of the variance is in harmony with the general purposes and intent of the City Subdivision and Zoning Ordinances and the Comprehensive Plan. Response: In general, the minimum corner lot area requirement is intended to provide appropriate building setbacks from both streets. The applicant has indicated, even with a lesser lot area, the development of Lot 22 will comply with the front yard setback requirement of 25-feet from both streets. The 2030 Comprehensive Plan supports flexibility in order to achieve public good, such as the preservations of trees. 3. The practical difficulty is due to circumstances unique to the property and not resulting from actions of the owners of the property and is not a mere convenience to the property owner and applicant. Response: This property is largely wooded and the trees on Lot 20 are worthy of preservation for the benefit of the surrounding neighborhood. Without the variance the additional trees would be eliminated from the property. 4. The granting of the variance will not alter the essential character of the neighborhood or be detrimental to the health and safety of the public welfare. Response: The surrounding areas includes similar low density single family housing and therefore the granting of a variance will not alter the essential character of the neighborhood. 5. The granting of the variance will not result in allowing any use of the property that is not permitted in the zoning district where the subject property is located. Response: The granting of the variance will not result in allowing any use of the property that is not permitted in the zoning district. The proposed land use of a single family housing is allowed in this use district. Conclusion Hemlock Holdings, LLC is proposing a single-family housing development that is in compliance with the amended 2030 Comprehensive Plan and provides housing types at a density that meets the R-1 Use District standards. The Planning Commission approved a related variance for the minimum corner lot area requirement of Lot 22. As noted in the attached staff memorandums from the Community Development, Engineering and Public Works Departments, the applicant must refine the plans to assure compliance with the Public Work s Design Manual requirements and City Zoning Ordinance. It does not appear that these comments will drastically alter the design of the plat. Therefore, City staff recommends approval of the Preliminary Plat subject to the following conditions: a) The applicant shall obtain the required permits from other state or local agencies prior to any work on the site. b) The applicant shall revise the plans in accordance with the requirements contained in the memorandum from the Engineering/Public Works Department dated June 7, 2016. c) The applicant shall revise the plans in accordance with the requirements contained in the memorandum from the Community Development Department dated June 16, 2016. d) The applicant shall maintain regular communication with the neighborhood prior to and during the construction period. ISSUES: The applicant must refine the plans to assure compliance with the Public Works Design Manual and City of Prior Lake Zoning Ordinance and Subdivision Code requirements. ALTERNATIVES: 1. Motion and a second to approve the Preliminary Plat for the Andren Property subject to the listed conditions, or others that may be added or modified by thecity council.. 2. Motion and a second to deny the preliminary plat request based upon findings of fact. 3. Motion and a second to table this item to a future meeting and provide the applicant with direction on the issues that have been discussed. RECOMMENDED MOTION: Alternative #1 ATTACHMENTS: 1. Location Map 2. Development Plans dated 5/17/2016 3. Community Development Department Memorandum dated 6/16/2016 4. Engineering/Public Works Department Memorandum dated 6/7/2016 1 4646 Dakota Street SE Prior Lake, MN 55372 RESOLUTION 16-XXX A RESOLUTION APPROVING A PRELIMINARY PLAT FOR THE ANDREN PROPERTY Motion By: Second By: WHEREAS, The Prior Lake Planning Commission conducted a public hearing on June 20, 2016, to consider a request from Hemlock Holdings, LLC to approve a Preliminary Plat for the following property: That part of Government Lot 3, Section 26, Township 115, Range 22, Scott County, Minnesota, described as follows: Lying easterly of the east right-of-way line of Chatonka Beach Trail, as per CITY OF PRIOR LAKE RIGHT-OF-WAY PLAT NO. 1, according to the recorded plat thereof, said Scott County; Lying southerly of the south line of KNOB HILL 5TH ADDITION, according to the recorded plat thereof, said Scott County; And lying northerly of the following described line: Commencing at the northeast corner of said Government Lot 3; thence southerly along the east line of said Government Lot 3. A distance of 735.20 feet to the point of beginning of the line to be described; thence westerly, parallel with the north line of said Government Lot 3, a distance of 590.97 feet to said easterly right-of-way line of Chatonka Beach Trail, per plat of CITY OF PRIOR LAKE RIGHT-OF-WAY PLAT NO. 1, and said line there terminating. EXCEPTING THEREFROM the East 303.56 feet of the South 200.00 feet thereof. PID: 25-926-018-0 WHEREAS, Notice of the public hearing on said Preliminary Plat was duly published and mailed in accordance with the applicable Prior Lake Ordinances; and WHEREAS, The Planning Commission heard all persons interested in the Preliminary Plat at the public hearing, and the Commission recommended the plat for the Andren Property to the City Council on a 4-0 vote subject to certain conditions; and WHEREAS, The City Council finds that the proposed Preliminary Plat for the Andren Property meets the requirements of Subsections 1002.200 and 1103.200 (Preliminary Plat) of the Prior Lake Zoning Ordinance. NOW THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF PRIOR LAKE, MINNESOTA as follows: 2 1. The recitals set forth above are incorporated herein. 2. The City Council approves the Preliminary Plat for the Andren Property subject to the following conditions: a) The applicant shall obtain the required permits from other state or local agencies prior to any work on the site. b) The applicant shall revise the plans in accordance with the requirements contained in the memorandum from the Engineering/Public Works Departments dated June 7, 2016. c) The applicant shall revise the plans in accordance with the requirements contained in the memorandum from the Community Development Department dated June 16, 2016. d) The applicant shall maintain regular communication with the neighborhood prior to and during the construction period. 3. The applicant shall submit an application for Final Plat within twelve (12) months after approval of this Preliminary Plat. PASSED AND ADOPTED THIS 27th DAY OF JUNE, 2016. VOTE Hedberg Keeney McGuire Morton Thompson Aye ☐ ☐ ☐ ☐ ☐ Nay ☐ ☐ ☐ ☐ ☐ Abstain ☐ ☐ ☐ ☐ ☐ Absent ☐ ☐ ☐ ☐ ☐ ______________________________ Frank Boyles, City Manager LOWER PRIOR LAKE GD (904) B E A C H S T N E C A R R I A G E H I L L S P K W Y N E R O S E W O O D R D N E Lower Prior Lake Ü Andren Preliminary PlatLocation Map LOWER PR IOR LAK E GD (904) 140TH ST NE 1 5 0 T H S T S E E A G L E C R E E K A V N E Lower Prior Lake SUBJECTPROPERTY SUBJECTPROPERTY Phone 952.447.9800 / Fax 952.447.4245 / www.cityofpriorlake.com Memo The Community & Economic Development Department has reviewed the Preliminary Plat for the subject project with a plan date of 5-17-16 and we have the following comments: General 1. Development fees – The following development fees are to be collected at the time of final plat approval: Park Dedication ($3,750 per unit), Trunk Water ($6,692/net acre), Trunk Sanitary Sewer ($3,344/net acre), Trunk Storm Sewer ($3,069/net acre), Street Oversize ($5,412/net acre), $9,000 Water Connection Charge, $9,000 Sanitary Sewer Connection Charge, and a 4% administrative fee and 5% construction observation fee based on the total estimated construction costs (which include grading, landscaping, and public utility connections). 2. Submit along with future final plat application provide City with draft warranty deed for outlots to be dedicated to the City according to Ordinance 1004.604. A recorded copy of the deed shall be delivered to the City after recording of the final plat. 3. If possible, provide any house model examples for future public meetings. 4. Identify preliminary plat name prior to City Council approval. 5. The City has been advised that an adjacent property owner has a private access easement across a portion of the property. The City requests that the applicant provide more details to the status of this easement prior to approval of the preliminary plat. Preliminary Plat 1. Lots 1 and 3 do not currently meet the minimum lot width requirement of 86 feet. These lots will be required to meet the 86-foot width requirement prior to City Council approval of the preliminary plat. 2. Identify new suffix for Hemlock Circle (such as Street or Avenue). 3. Provide NE street directional on street names (Such as Dove Court NE, this is in Northeast quadrant of City) 4. The final plat proposes to dedicate an outlot(s) for additional stormwater ponding area to the north and west of the current stormwater pond. Also the developer requests a portion of the existing City property to be added to Lots 3, 4, and 5. Additional land transfer information shall be necessary between the City and Developer in the Development Agreement. Tree Preservation Plan/Landscape Plan 5. Approval of a tree preservation plan is required prior to the City Council providing preliminary plat approval. The Developer has identified various options to meet the tree preservation requirement. A consideration to increase size of replacement trees to 6” caliper inches or larger would be recommended. Another consideration would be to provide monetary funds for future residents of the plat to use for tree installation on the lots. Proposed plantings in easements and on outlots are subject to City Public Works approval due to necessary maintenance requirements. Date: June 16, 2016 To: Terry Forbord, Roger Humphrey From: Community Development Department Subject: Andren Property Preliminary Plat City Project #DEV1600005 Phone 952.447.9800 / Fax 952.447.4245 / www.cityofpriorlake.com Memo Date: June 7, 2016 To: Community Development and Natural Resources Department From: Engineering Department – Larry Poppler, City Engineer Public Works / Natural Resources Department – Pete Young, Water Resources Engineer Subject: Andren Property (DEV16-000005) The Engineering Department and Public Works/Natural Resources Department ha ve reviewed the preliminary plat for the subject project with a draft plan date of May 16, 2016 and we have the following comments. Comments highlighted in bold text are of particular concern: General 1. The final plat plans should follow the requirements of the City’s Public Works Design Manual (PWDM). 2. Permits from the Met Council, Minnesota Pollution Control Agency, and Department of Health are needed. 3. Show approximate location of all existing private utilities and public utilities (sanitary sewer and watermain in easement). Show existing easement for corresponding utilities. 4. Benchmark information and City Project #DEV16-000005 should be shown on all plan sheets. 5. All plans should be drafted according to the City of Prior Lake layer system. A digital copy of the plans in pdf o r tif format is required prior to construction. All drawings should use the Scott County Coordinate System. 6. Provide note on the plans stating that working hours are from 7 am to 7 pm Monday through Friday and 8 am to 5 pm Saturday. 7. Show grading at least 200ft outside of project area. 8. Provide survey sheet that includes all spot elevations shot for this project. Include datum information on the sheet. 9. Plat: City property will need to be vacated within the ponding area and associated outlots provided. The triangular area to the west, if not needed for ponding, could be added to Lots 2-3. Grading 1. Retaining walls over four feet in height or have more than two tiers shall be designed by a MN registered professional engineer, need a building permit, and have a fence constructed. Walls will need to be located on private property unless prior approval from City Engineer is given. 2. Provide emergency overflow routes, highest point along EOF, and EOF drainage flow arrows for all roadway low points. 3. Home pads must be graded to have at least 10’ back yard area with slope less than 10:1. Numerous lots (Ex. Lot 8) shows proposed swales adjacent to/draining to building pads. 4. Drainage easements will be required where drainage from one lot continues into an adjacent lot. This includes all drainage swales in the backyards as well as front yards. 5. Any backyard drainage paths must be sodded and protected at the conclusion of grading activities. Provide notes indicating that this protection is needed and labeled on the plans. 6. Although minimization of grading is proposed for area behind Lots 13 -19, will this create areas of slow drainage? Backyard drainage swale exceeding 300 feet require storm sewer piping, please review area for Lot 13-19. Additional easement will be required to cover entire drainage swale. 7. Provide additional easements for drainage swale s for Lot 21-22 and Lot 8-11. 8. Show lot corner elevations. 9. Tree preservation area will require tree protection fencing and/or silt fence. 10. Show slopes for maintained areas at no more than 4:1, unmaintained at 3:1. 11. Show double row of silt fence for areas that drain to pond. 12. Show outlet elevation, emergency overflow elevation, NWL and HWL for ponds and OHWL for water bodies on the grading plan. 13. For lots draining to side yards, provide breakpoint (highpoint) to direct stormwater towards desired areas. 14. Show driveways and provide driveway slopes on the grading plan. Driveway grades shall be between 2-10%. 15. Revise note on Sheet C3.01 regarding City of Chanhassen inspections. 16. Provide ghost platting for the property to the east to show how this area could potential develop (grades, street alignment, utilities). Utilities 1. A detail review will take place once final plat (plan and profile) has been submitted. Below are general layout comments regarding the utility plans that were submitted with the preliminary plat. 2. Easement width for sanitary sewer pipe along Lot 7 needs to be 2 times the depth. 3. Sewer service connections into structures are not allowed, provide service wye. Minimize/eliminate bends for sewer service pipes by extending mainline pipe. 4. Deep sanitary sewer is proposed, please evaluate if depth can be reduced . 5. Storm sewers between Lots 4-5 and Lots 6-7 will require a minimum easement of 20’ in width. The pipe alignment shall be centered within the easement. 6. Please provide calculations for storm sewer sizing. Streets 1. A detail review will take place once final plat (plan and profile) has been submitted. Below are general layout comments regarding the street plans that were submit ted with the preliminary plat. 2. Provide geotechnical analysis report for soil borings in the project area. Show s oil boring locations on grading plan sheets. 3. Dead end street proposed for future extension shall require barricades per detail plate #613 and sign that reads “Future Road Extension”. 4. Proposed street lights will need to meet the City’s spacing guidelines. Please show existing street lights on the plans. 5. Provide street sheet plan. 6. Please evaluate shifting of low point towards the east. Shifting may help with storm sewer alignment and sanitary sewer depth. Hydrology and Stormwater Management 1. The proposed pond poses a number of challenges that should be evaluated and addressed. a. The pond limits extends onto private property. Please review the layout and evaluate fitting the pond layout within the public property. This will also eliminate structures located within private property and storm sewer pipes crossing private property. b. Due to maintenance concerns, retaining walls within public property shall be eliminated to the extent possible. Revision of pond may help in either minimizing or eliminating retaining walls. c. Retaining walls are both located in private and public property. Ownership and maintenance of these walls will be an issue in the future. d. A 10’ wide bench is required below the NWL of the pond, with a maximum slope of 10:1. Bench will only be required fo r the areas of the pond within the project construction limits. e. Provide additional information for ponds (NWL, HWL, OHWL, EOF and route) to ensure house pads and opening meet requirements. 2. The City recently updated the hydrology section of the PWDM. Please update the drainage report to ensure that that the project will meet the following requirements: a. Rate Control: NOAA Atlas 14 precipitation depths resulting from the 2-, 10- and 100-year, 24-hour storm events (NRCS MSE3 rainfall distribution) shall be modeled for existing and proposed conditions. Discharge rates for the 2-, 10-, and 100-year, 24-hour storm events existing before the proposed development, redevelopment, or change in use shall not be increased. b. Volume Control: For new development projects, site runoff shall have no net increase from pre-project conditions (on an annual average basis) of:  Stormwater discharge volume  Stormwater discharge of Total Suspended Solids (TSS)  Stormwater discharge of Total Phosphorus (TP) This is a requirement of the State MS4 permit. For new development, one of the five options listed in the MPCA’s publication wq-strm4-59e may be used to meet the volume control requirements. Link: https://www.pca.state.mn.us/sites/default/files/wq-strm4-59e.pdf. 3. All sites must consider the use of curve number reductions to meet a portion of the volume control requirements. Methods include tree plantings, native grass buffers, impervious disconnection, soil amendments, and others. Credits are given for each method on an area basis. Please review Section Four of Part III (Hydrology Rules) of the PWDM for more information. 4. Requirements and recommendations of the Minnesota Stormwater Manual shall be followed for all BMPs proposed to meet volume control requirements. For sites relying on infiltration, tests are required to provide a base infiltration rate for the surrounding soils. Infiltration tests must be conducted at the location and elevation of the proposed infiltration system. 5. P8 model includes precipitation data that appears to be at ypical for this area (including precipitation total of 50.4 inches for a 2-year model run). The 1971-1972 period may not include representative rainfall events. Please provide more information on the selection of P8 model input data. 6. Show or define access routes for maintenance purposes to all inlets and outlets at ponding areas (maximum 8% grade, maximum 2% cross slope, minimum of 10’ wide). SWPPP 1. NPDES construction site permit will be required for this project. Please submit a SWPPP that meets all current NPDES requirements. The City must review and approve the SWPPP prior to grading permit approval. 2. The following City standards are in addition to standard SWPPP requirements: a. Provide a note stating that perimeter/downslope sediment control BMPs will be installed by the contractor and inspected by the City prior to site work commencing. b. Install erosion control BMPs on slopes greater or equal to 3:1 immediately after finished grading. c. Drainage areas over 5 acres must have a temporary sediment basin. Design should follow NPDES SWPPP requirements. Wetlands 1. The WCA Notice of Decision (NOD) was issued for this property on 5/24/16. No wetlands were identified at the site. However, as noted in the LGU Findings and Conclusions (page 1 of the NOD), the City will require a separate No Loss application for any work within the existing stormwater pond.