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HomeMy WebLinkAbout02-26 Bluff Hts Apt CUPAPPLICATIONS APPLICATION MATERIALS PROPOSED ~NIOI~ COMMUNITY LOT 2. BLOCK 2, PARK NICOLLET ADDITION 1. Checklist Item #2: Name, Address and Telephone Number: A. Owner & Applicant: Keystone Communities 5200 Willson Road, Suite 150 Edina, MN 55424 (952) 836-2790 Contacts: Mike Lewis V.P. Real E Kristi Olson President & ceo B. Surveyor: C. Designer: Sunde Land Surveying, LLC 9001 East Bloomington Freeway, Suite 118 Bloomington, MN 55420 (952) 881-2455 Contact: John Barnes Principal Tushie Montgomery Amhitects 7645 Lyndale Avenue South, Suite 100 Minneapolis, MN 55423 (612) 861-9636 Contact: Gary Tushie President D. Civil Engineer: Sunde Engineering, Inc. 4200 West Old Shakopee Road, Suite 230 Bloomington, MN 55437-2967 (952) 881-3344 Contact: Mike Kettler, EIT Planning Case File No.~-I~' '~ ~ /~ Property Identification No. City of Prior Lake ZONING/LAND USE APPLICAT] Type of Application [] Amendment to Zoning Map [] Amendment to Zoning Ordinance Text [] Amendment to Comprehensive Plan Land Use Map [] ConditionalUse Permit See attached documentation [] Variance [] Planned Unit Development [] Senior Care Overlay District ~[] Home Occupation [] Amendment or Modificahon to approved CUP or PUD [] Other Brief descri" ' ...... ~ proposed project (Please describe the proposed amendment, projecL or variance request. Attach additional sheets if necessary). Applicant: Address: Bluff Heights Apartments. r,imi~p~ par~n~w=h~p 5212 Hope Street, Prior Lake, MN 55372 Telephone: 952-447~6464 (home) 952-894-6400 (work) 952-894-6421 (fax) Property Owners (if different than applicant): n~vl d T. _ lZn-~] anc~ Address: 12455 _Marystown Road: ghakop~: ~N qgq7q Telephone: 952-445-4935 (home) 612-916-7002 (work) Purchase Agreement Type of Ownership: 9'1 Fee [] Contract for Deed [] Legal Description of Property (ARach additional sheets ifnecessaw): To the best of my knowledge the information provided in this application and other material submitted is correct. In addition, I have read the relevant sections of the Prior Lake Ordinance and procedural guidelines, and understand that applications will not be processed until deemed complete by the Planning Director or assignee. Bluff Heights rtment d. Ptsp. ~t~pplicant s Signature'S,2-1 _-~,3c [ '*' "~ 1 ~ ~ Date /~--~Y~//~n~an' p r/? ~dx n_t~eneral Partner /' Date Fee Owner's Signatdr'e David L. Voxland ADDITIONAL PROJECT INFORMATION (Required for PUD. CUP and SC Overlay District applications) Will the developers request financial assistance from the City? [] Yes ~ No If yes.~ please describe the amount and type of assistance requested (attach additional pages if necessary). ~eveloper will request waiver or reduction of landscaping requirements and storm water management guidelines and requirements. Will anyone other than the applicant be involved in the ownership, development & management of this project? ~ Yes (If yes, please attach a list of the names and the role of all persons involved in the project,) [] No l:\handouts~2001 handouts~zoning~zomng app.doc rtl ~ m ,' r- ITl '~ 0 0 0 m PRIOR LAKE-SPRING LAKE WATERSHED DISTRICT 16670 Franldin Trail S.E., Suite 110, Pdo~ Lake, MN 55372, (612) 447-4166, 447-4167 (fax) PERMIT APPLICATION PROJECT NAME Bluff Heights 2nd Addition Name of Permittee ~- -_- ~ ,-q~e-~n~0 Greg McClenahan GAM Management Corp IAuthorized Agent (if any) Telephone # Permi~ee's Addmss(Stmet, RFD, Box, CEy, St~e, ~p Code) 5212 Hope Street, Prior Lake MN 55372 Proje~ Loc~ion(Township, Range, Se~ion)and Add.ss Attached Project Legal Description (Attach separate sheet if necessary) A~ched PERMIT CATEGORY (check applicable type(s) as described in Permit Information Brochure) [] Public and Pdvate Drainage Systems ~ Land Development Plan [] Bridge and/or Culvert Construction i:~ Final Site Drainage Plan PROJECT DESCRIPTION GAM Management Corp. plans to develop a 3.62 acre site and create 49 apartments. GENERAL CONDITIONS 1. ~ne Permittee grants to the Oistdct, and its agents, employees, otficers and contractors, a license to ente~ the Pmjec~ to perform any i;'~5pectie ns or work authorized by the Permit or any applicable law. The license shall expire after acceptance of the work by the District and i~Jance of a Ce~fic~te of Completion. 2. The Permittee shall indemnify, defend and hold the District and its agents, employees and officers harmless for all claims made by itself and third parties for damages or toss sustained or costs incurred, including engineering and aAomeys' fees, as a result of the issuance of the Permit or the const~ction of the 3. The permiftee shall pay all costs incurred by the Distdct to process and review the application for the Permit and to insp~:t and monitor the activities authorized by the pen-nit, in addition, the Perrn~ee shall reimbume the [District fcc all costs incurred in the enforcement of the Perrn~ including engineering and afforneys' fe~s. The permittse shait fulty pay alt bills submiffed to it by the Dist~ct within 7 days alter receipt. Bills not so paid shall accrue intarest at ~e rate of 8% per year. 5. To assure full compliance with the terms of the permit, ~e Permittee shalt deposit with the Dis~ct a cash surety or imevocable letter of credit, in farm and tram a surety satisfactory to the District, in the amount specified under the Special Conditions of the Permit. I hereby apply under Distdct Rule B for a permit to complete the proposed project in accordance with the exhibits and other information submitted with this Application and agree to the above general conditions. PLSLWD Form I (6/96) DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS BLUFF HEIGHTS APARTMENTS, INC. This Instrument was Prepared By: EASTLUND, SOLSTAD, CADE & HUTCHINSON, LTD. 4200 County Road 42 West Savage, MN 55378-4048 (952) 894-6400 COVENANTS, BLUFF TABLE OF CONTENTS FOR DECLARATION OF CONDITIONS AND RESTRICTIONS HEIGHTS APARTMENTS, INC. Recitals ....................................................... ARTICLE I ARTICLE II ARTICLE III ARTICLE IV ARTICLE V ARTICLE VI ARTICLE VII ARTICLE VIII- ARTICLE IX ARTICLE X ARTICLE XI ARTICLE XII ARTICLE XIII - 1 DEFINITIONS ..................................... 2 PROPERTY SUBJECT TO THIS DECLARATION AND USE THEREOF ................................. 3 MEMBERSHIP AND VOTING RIGHTS IN THE ASSOCIATION ................................. 4 PROPERTY RIGHTS AND OBLIGATIONS IN THE COMMON AREAS .................................... 4 COVENANTS FOR MAINTENANCE AND CAPITAL IMPROVEMENTS ASSESSMENTS ........................ 6 ARCHITECTURAL CONTROLS ......................... 11 BUILDING AND USE RESTRICTIONS .................. 12 EASEHENTS AFFECTING PROPERTY ................... 12 INSURANCE ...................................... 13 SPECIAL PROVISIONS ............................. 14 MAINTENANCE .................................... 15 OPTION OF FIRST REFUSAL AND PERMITTING DECLARANT TO PURCHASE HRAUNIT AT THE END OF 40 YEARS ......................... 16 GENERAL PROVISIONS ............................. 17 i NOTICE: Minn. Stat. § 515B, Common Interest Ownership Act, does not apply to this common interest community, pursuant to Minn. Stat. § 515B. 1-102(e)(1) and §515B. 1-103 (34) DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS BLUFF HEIGHTS APARTMENTS, INC. THIS DECLARATION, made effective the __ day of ,2002, by BLUFF HEIGHTS APARTMENTS, LIMITED PARTNERSHIP, a Minnesota limited partnership, hereinafter called "Declarant", WITNESSETH: WHEREAS, Declarant is the Owner of the real property described in Article II of this Declaration, and desires to create thereon a residential rental apartment community, with open space and common elements for the benefit of said community; and WHEREAS, Declarant desires to provide for the preservation of the values and amenities in said rental community and for the maintenance of said property and to this end desires to subject the real property described in Article II to the covenants, restrictions, easements, charges and liens hereinafter set forth, each and all of which is and are for the benefit of said property and each Owner thereof; and WHEREAS, Declarant has deemed it desirable for the efficient preservation of the value and amenities in said community to create an agency to which should be delegated and assigned the powers of administering and enforcing the covenants and restrictions and coordinating the payment and disbursement of the assessments and charges hereinafter created; and WHEREAS, Declarant has incorporated, under the laws of the State of Minnesota, a non-profit corporation, BLUFF HEIGHTS APARTMENTS, INC., for the purpose of exercising the functions aforesaid; and WHEREAS, the Property which shall be held, transferred, sold, conveyed and occupied subject to this Declaration is located in the City of Prior Lake, County of Scott, legally described as: See Exhibit A. -1- NOW, THEREFORE, Declarant declares that the real property described in Article l[ is, and shall be, held, transferred, sold, conveyed and occupied subject to the following covenants, restrictions, easements, charges and liens (sometimes referred to as "Covenants and Restrictions"), which Covenants and Restrictions shall run with the real property and be binding on all parties having any right, title or interest in the hereinafter described properties or any part thereof, their heirs, successors and assigns, and shall inure to the benefit of each Owner thereof. ARTICLE I DEFINITIONS The following words, when used in this Declaration shall have the following meanings: (a) "Association" shall mean and refer to BLUFF HEIGHTS APARTMENTS, INC., a Minnesota non-profit corporation, its successors and assigns. Co) "Bylaws" shall mean those bylaws adopted by the Board of Directors of the Association. (c) "Common Elements" shall mean and refer to the Property and all improvements thereon, excepting the Units. Common Elements are for the use in common by all Unit owners or their lessees. (d) "Declarant" shall mean and refer to Bluff Heights Apartments, Limited Partnership, a Minnesota limited partnership, its successors and assigns. (e) "Declarant Unit" is comprised of thirty-nine Dwellings and Garages owned by Declarant, located on the Property described on Exhibit A, administered pursuant to the Low Income Housing Tax Credit Program, and more specifically described in Exhibit B. (f) "Declarant Utilities" are the storm sewer facilities and equipment owned by the Declarant and located on the Property. (g) "Declaration" shall mean this document and all amendments and supplements hereto. (h) "Detached Garage Structure" shall mean and refer to a single-story, detached, multi-stalled garage structure located on the Property. (i) "Dwelling" is one of 49 apartment units located in the one Principal Residential Structure on the Property. -2- ti) "Garage" is one of 49 enclosed garages located either in the one Principal Residential Structure or the one Detached Garage Structure on the Property. (k) "HRA Unit" is comprised of ten Dwellings and Garages owned or to be owned by Scott County HRA, located on the Property described on Exhibit A, administered as public housing, and more specifically described on Exhibit B. (1) "Limited Common Element" is a Common Element designated for the exclusive use of the Dwelling or Garage to which the Limited Common Element is allocated. (m) "Member" shall mean and refer to one of the owners of the two Units, which at present will consist of Declarant and Scott County HRA. (n) "Owner" shall mean and refer to the owner of any Unit situated upon the Property. (o) "Principal Residential Structure" shall mean and refer to a three-story apartment building located on the Property. (p) "Property" shall mean and refer to all real property that is subject to this Declaration, and is legally described on Exhibit A. (q) "Tenant Rules and Regulations" shall mean those rules identified in Exhibit C and applicable to all Owners and their lessees. (r) "Unit" shall mean and refer to one of two non-contiguous physical portions of the Principal Residential Structure and Detached Garage Structure. Units contain Dwellings and Garages. (s) "Utilities" shall mean certain utility facilities and equipment, to-wit, water, sanitary sewer, electric, telephone, cable television, natural gas, and Declarant Utilities. ARTICLE II PROPERTY SUBJECT TO THIS DECLARATION AND USE THEREOF Section 1. EXISTING PROPERTY. The real property which is and shall be held, transferred, sold, conveyed and occupied subject to this Declaration is located in the City of Prior Lake, County of Scott and State of Minnesota, and is legally described as shown on Exhibit A, all of which real property shall -3- hereinafter be referred to as the "Property." Section 2. DWELLINGS AND GARAGES.. The Dwellings and Garages shall be restricted to residential use. Unless stated otherwise in this Declaration, Owners shall be responsible for maintenance of the Dwellings and Garages. Section 3. COMMON ELEMENTS. The Common Elements shall be owned and maintained by Declarant and used for building enclosure, ingress and egress to Dwellings and Garages, exterior parking, open space, recreation and related occupant activities, provided, however, the Declarant shall have the exclusive use and enjoyment of Declarant's Unit. Section 4. UTILITIES The Utilities located in, on or under the Property shall be owned and maintained by their respective utility owners, and the services provided over or through the Utilities shall be equally available to all Members, subject to applicable rules of service of the respective owners of Utilities. ARTICLE III MEMBERSHIP AND VOTING RIGHTS IN THE ASSOCIATION Section 1. MEMBERSHIP. The Owners of the two Units, which are subject to assessment by the Association, shall be Members of the Association. Membership shall be appurtenant to and may not be separated from ownership of any Unit which is subject to assessment by the Association. The foregoing is intended to exclude persons or entities holding an interest merely as security for the performance of an obligation. Ownership of a Unit shall be the sole qualification for membership. Section 2. VOTING RIGHTS. Each Member described in Article I hereinabove shall be entitled to one (1) vote for each Dwelling including in the Member's Unit. Section 3. SUSPENSION OF VOTING RIGHTS. -4- The right of any Member to vote shall be suspended during any period in which such Member shall be in default in the payment of any assessment levied by the Association. ARTICLE IV PROPERTY RIGHTS AND OBLIGATIONS IN THE COMMON AREA Section 1. MEMBERS' EASEMENT AND ENJOYMENT. Subject to the provisions of Section 2, every Member and its lessees shall have a non- exclusive easement of ingress and egress over the Common Elements, parking privileges pursuant to Section 5 of this Article and Tenant Rules and Regulations, a non-exclusive easement of access to and use of Utilities located in, on, or under the Property, and a non- exclusive easement and right of enjoyment in and to the Common Elements as set forth in Article II, Section 3, an exclusive easement of access to and use of Limited Common Elements allocated to particular Dwelling Units or Garages, and such easements shall be appurtenant to and shall pass with the title to every Unit. Section 2. EXTENT OF MEMBERS' EASEMENTS. The rights and easements in favor of the Members and their lessees created hereby and the title of Declarant to the Common Elements shall be subject to the following and as further provided herein: (a) The right of the Association, as provided in its Axticles, By-Laws and herein, to suspend the voting rights of any Member for any period during which any assessments remain unpaid, and enforce remedies against Members as provided herein, including but not limited to, foreclosure as provided in Article V, Section 9, herein. (b) The right of the Association to assess fees to Members for the maintenance, repair and use of the Common Elements. (c) The right of Declarant to dedicate or transfer all or any part of the Common Elements to any public agency, authority, or utility for such purposes and subject to such conditions as may be deemed appropriate by Declarant. (d) Utility and drainage easements to install storm sewer, sanitary sewer, water, gas, electric and telephone lines, transformers, towers, poles, lighting fuctures, conduits, cables, wires, drainage channels and other utility facilities, including the right of access thereto for the purpose of constructing, installing, repairing,. maintaining, altering and modifying any such facilities. -5- Section 3. DELEGATION OF USE. Any Member may delegate, subject to the terms of an approved lease, the By-Laws, and Tenant Rules and Regulations, its right of enjoyment to the Common Elements to lessees who occupy the Dwellings and Garages. Section 4. TAXES & GOVERNMENTAL SPECIAL ASSESSMENTS ON COMMON AREAS. HRA Unit is not subject to real estate taxes or special assessments which are exempted by cooperation agreement and by payment in lieu of taxes (PILOT) rates. However, the HRA Unit shall be assessed a prorata amount of real estate taxes or special assessments applicable to the Common Elements. Any such prorata assessment shall be based upon the ratio of the number of HRA Unit bedrooms to total development bedrooms (21.34%). Section 5. PARKING RIGHTS. Ownership of each Unit shall entitle the Owner and its Dwelling lessees to the exclusive right of use of the Owner's Garages and a non-exclusive right-of-use of the same number of exterior parking spaces as Garages, subject to the terms of an approved lease and Tenant Rules and Regulations. Section 6. DECLARANT'S EASEMENTS. The Declarant or its agents or employees shall have the right to go upon any Dwelling or Garage in connection with the maintenance or repair of the Common Elements, or Limited Common Elements or in connection with its maintenance rights set forth in Article XI or in connection with any lease pertaining to the Dwellings and Garages. ARTICLE V COVENANTS FOR MAINTENANCE AND CAPITAL IMPROVEMENTS ASSESSMENTS Section 1. CREATION OF THE LIEN AND PERSONAL OBLIGATIONS OF ASSESSMENTS. Each Owner of a Unit by acceptance of a deed to the Unit, whether or not it shall be so expressed in any such deed or other conveyance, is deemed to covenant and agree to pay to the Declarant: (a) monthly, quarterly, or annual assessments or charges; and (b) special assessments, together with interest, cost of collection and reasonable attorney's fees, which shall be a continuing lien upon the Unit against which each such assessment is made. Each such assessment, together with interest, cost of collection and reasonable attorney's fees, shall -6- also be the personal obligation the Owner of such Unit at the time when the assessment fell due. The personal obligation for delinquent assessments shall not pass to the Owner's successors in title unless expressly assumed by them, but may continue to be a lien on the Unit. No Owner may avoid the lien of, or personal liability for such assessment by non-use of the Common Elements or abandonment of any portion of the Owner's Unit. All assessments shall be fixed, established and payable and enforced in the manner provided in this Article. Section 2. PURPOSE OF ASSESSMENTS. The assessments levied by the Association shall be paid to Declarant and used exclusively for the improvement, maintenance and operation of the Common Elements and the Declarant Unit, which the Declarant is obligated to maintain as provided herein. Pursuant to Article V, Section 3, Footnote 3, maintenance of the HRA Unit is the sole responsibility of the HRA, subject to Declarant's various rights of enforcement described in Article V, Section 8 and Article XI, Section 1. The assessments shall be payable in monthly or quarterly installments and shall be used for (but not limited to) hazard insurance for Common Elements and the Units and the maintenance, repair and replacement of the Common Elements and Declarant and HRA Units as more specifically itemized in Section 3 below. Section 3. BASIS AND MAXIMUM OF MONTHLY ASSESSMENTS. Monthly, quarterly, or annual assessments shall be levied on each Unit and paid to Declarant as follows: Certified Costs Real Estate Taxes - Un/ts Ftnt A - Common Elements Ftnt A Management Fees Ftnt A On-Site Manager (Op. Exp.: payroll, supplies, telephone, etc.) Advertising Repairs/Maint./Eqpt./Supp. Common Elements Dwellings and Garages - General - Ltd. Common Elements Declarant Unit Ftnt A Ftnt A Ftnt A and F Fmt A Ftnt A and E HRA Unit 0 - PILOT rates Ftnt B To be determined by Directors To be determined by Directors 0 Ftnt B and F Ftnt C Ftnt C and E -7- Capital/Replacement Reserve FtntA Payable as capital expenditures are incurred for the Common Elements per Ftnt B apportionment Legal/Accounting - Units Ftnt A - Common Elements Ftnt A Contract Services for Common Elements Ftnt A or Common Benefit of Units (rubbish, lawn, snow, maintenance, supplies) Insurance Ftnt A Water, Sewer, Electric and Gas - Common Elements Ftnt A Water, Sewer, Electric- Garages Ftnt A Water, Sewer, Electric and Gas - Dwellings Ftnt A Irrigation Ftnt A Miscellaneous Ftnt A 4 % - Accounting Ftnt B Ftnt B FtntDandFmtB Ftnt B Fret B Ftnt C Ftnt B To be determined by Directors FOOTNOTES Footnote A. Footnote B. Footnote C. Footnote D. Footnote E. Footnote F. All rental receipts and other operating receipts received from lessees. Prorata apportionment: # HRA bedrooms (49.5) + total Property bedrooms (232) = 21.34% The HRA Dwelling and Garage are HRA's responsibility alone. Declarant and HRA shall separately insure their respective Units. Insurance coverages for all risks attributable to the Common Elements shall be a common expense and apportioned as provided in Ftnt B. Any Common Expense or portion thereof benefitting fewer than all of the Dwellings and Garages may be assessed exclusively against the Dwellings benefitted on a prorata basis: Number of bedrooms per benefitted Dwelling + number of bedrooms per all benefitted Dwellings; or assessed equally if applicable only to Garages. Any common expense associated with the maintenance, repair or replacement of a Limited Common Element and collateral expenses associated with such maintenance, repair or replacement shall be assessed against the unit to which that Limited Common Element is allocated as provided herein. If any chute, flue, duct, wire, conduit, bearing wall, or any other fixture lies partially within and partially outside of the designated boundaries of a Dwelling or Garage, any portion thereof serving only that Dwelling or Garage is a Limited Coramon Element allocated solely to that Dwelling or Garage, and any portion thereof -8- serving more than one Dwelling or Garage or any portion of the Common Elements is a part of the Common Elements. Subject to the rest of this footnote, all spaces, interior partitions, and other fixtures and improvements within the boundaries of a Dwelling or Garage are a part of the Dwelling or Garage. -9- Section 4. SPECIAL ASSESSMENTS FOR CAPITAL IMPROVEMENTS. In addition to the monthly, quarterly, or annual assessments authorized by Section 3 hereof, the Association may levy in any assessment year a special assessment applicable to that year only for the purpose of defraying, in whole or in part, the cost of any construction, reconstruction, unexpected repair or replacement of a Common Element capital improvement, including the necessary fixtures and personal property related thereto, provided that any such assessment shall have the assent of seventy percent (70%) of the votes the Members are entitled to cast, who are voting in person or by proxy at a meeting duly called for this purpose. The due date for any special assessment shall be fixed in the resolution authorizing such assessment. Section 5. NOTICE FOR ANY ACTION AUTHORIZED UNDER SECTION 4. Written notice of any meeting called for the purpose of taking any action authorized under Section 4 shall be sent to all Members not less than thirty (30) nor more than sixty (60) days in advance of the meeting. Section 6. DATE OF COMMENCEMENT OF ANNUAL ASSESSMENTS, DUE DATES. The special and monthly, quarterly, or annual assessments provided for herein shall commence as to all Units on the first day of the month following the issuance of a certificate of occupancy by the City of Prior Lake for the Dwellings and Garages. Section 7. DUTIES OF THE BOARD OF DIRECTORS. The Board of Directors of the Association shall fix the amount of the special assessment against each Unit for each assessment period at least thirty (30) days in advance of such date or period. Written notice of the assessment shall be sent to every Owner subject thereto, provided, however, that the failure to send such written notice shall not render any assessment invalid. The Board shall have the right to demand payment of any annual or special assessment on a monthly basis. The Declarant shall upon demand, and for a reasonable charge, furnish a certificate in writing signed by an officer of the Declarant setting forth whether the assessments on a given Unit have been paid. Such certificate shall be conclusive evidence of payment of any assessment therein stated to have been paid. ~10- Section 8. ASSESSMENT OF COST DUE TO ACTS OR OMISSIONS. If the need for maintenance or repair of Common Elements or Units is due to the acts or omissions of an Owner, or its lessees or their agents or invitees, the cost of such maintenance or repair, less the net insurance proceeds received by Declarant due to such act or omission, if any, shall be assessed against such Owner's Unit and shall be added to and become a part of the next monthly or quarterly assessment against that Unit. Section 9. EFFECT OF NON-PAYMENT OF ASSESSMENTS: REMEDIES OF THE ASSOCIATION. Any assessment not paid within thirty (30) days after the due date shall bear interest from the due date at the rate of eight percent (8%) per annum. The Association may bring (1) an action at law against the Owner personally obligated to pay the assessments, and/or (2) foreclose its lien for the amounts owed by the Owner. To evidence a lien for sums assessed pursuant to this Article, the Association may prepare a written notice of lien setting forth the amount of the assessment, the date due, the amount remaining unpaid, the name of the Owner of the Unit, and a description of the Unit and file or record the same, but such notice of lien shall not be recorded until such assessment has been wholly or partially unpaid for at least thirty (30) days from the due date. Such lien may be enforced and foreclosed by the Association in the same manner in which Mortgages on real property may be foreclosed by action or by advertisement under a power of sale in Minnesota. Each Owner, by acceptance of a deed for any Unit, does further hereby give full and complete power of sale to the Association and does consent to a foreclosure of the assessment lien as if such lien were a mortgage containing a power of sale. In the event of any such foreclosure, and in the further event that the Association shall prevail in any such foreclosure, the person personally obligated to pay the same shall be required to pay all costs of foreclosure, including but not limited to, reasonable attorneys' fees. The person personally obligated to pay such lien shall also be required to pay to Declarant any assessments against the Unit which shall become due during the period of foreclosure. The Association or Declarant shall have the right and power to bid at the foreclosure sale or other legal sale and to acquire, hold, convey, lease, rent, encumber, use, and otherwise deal with the Unit as the Owner thereof. A release or satisfaction of the notice of lien shall be executed by an officer of the Association and recorded upon payment to Declarant of all sums secured by such lien. Section 10. SUBORDINATION OF LIEN TO MORTGAGES. The lien of the assessments provided for herein shall be subordinate to the lien of any first mortgage or Declaration of Trust now or hereafter placed upon a Unit. Sale or transfer of any Unit shall not affect the assessment lien. However, the sale or transfer of any Unit pursuant to mortgage foreclosure or any proceeding in lieu thereof (including the delivery ol' a deed in lieu thereof) shall extinguish the lien of such assessments as to payments which -11 - become due prior to such sale or transfer. No sale or transfer shall release such Unit from liability for any assessments thereafter becoming due, nor from the lien of any such subsequent assessments. All other parties acquiring liens on any Unit after this Declaration is recorded shall be deemed to consent that their liens shall be and remain inferior to future liens provided t'or herein. Declarant shall, upon written request, report to any first Mortgagee or other encumbrancer of a Unit the amount of the assessments remaining unpaid for a period longer than ninety (90) days after the same shall become due. Section 11. EXEMPT PROPERTY. The following property subject to this Declaration shall be exempt from the Association assessments, charges and liens created herein: (a) All properties dedicated and accepted by the City of Prior Lake and devoted to public use; Co) All properties exempted from taxation by the laws of the State of Minnesota upon the terms and to the extent of such legal exemption. (c) All Common Elements as defined in Article I hereof. Notwithstanding any provision herein, no land or improvements devoted to dwelling use shall be exempt from said Association assessments, charges or liens. ARTICLE VI ARCHITECTURAL CONTROLS No exterior or interior additions, removals or alterations (including changes in color or appearance) to any Common Elements on the Property, additional fences, hedges, walls, walkways, and other structures shall be commenced, erected or maintained except such as are installed or approved by Declarant. -12- ARTICLE VII BUILDING AND USE RESTRICTIONS Section 1. LAND USE. No Dwelling or Garage shall be used except for residemial purposes. Section 2. The Units shall be subject to Tenant Rules and Regulations, attached hereto as Exhibit C. Section 3. The ownership and rental of the HRA Unit is further subject to applicable public housing requirements, which shall take precedence to the extent inconsistent with the rules and regulations provided herein. ARTICLE VIII EASEMENTS AFFECTING PROPERTY Section 1. UTILITIES AND DRAINAGE EASEMENTS. Easemems for installation and maintenance of Utilities and drainage facilities are hereby created and dedicated in, over and upon Lot I, as shown on the plat of Bluff Heights Apartments or otherwise established by installation location. Within these easements, no structure, fence, planting or other material shall be placed or permitted to remain which may damage or interfere with the installation and maintenance of Utilities, or which may change the direction of flow of drainage channels in the easements, or which may obstruct or retard the flow of water through drainage channels in the easements, or which may interfere with snow plowing or snow storage within these easements. Section 2. WATER, SEWER, GAS. TELEPHONE, CABLE AND ELECTRICITY SERVICE EASEMENTS.. The rights and easements of enjoymem by the Owners and their lessees and the title of such Owners in their Units shall be subject to the rights of the Declarant or its Designees or Agents to an exclusive easement on, in and about said Units for the purpose of installing, repairing and maintaining water, sewer, gas, telephone, cable and electricity services for the Property, Units and Common Elements. -13- ARTICLE IX INSURANCE Section 1. BLANKET CASUALTY INSURANCE BY DECLARANT. The Declarant shall keep all insurable improvements and fixtures of the Common Elements and the Declarant Unit insured against loss or damage by fire for the full insurance replacement cost thereof, and may obtain insurance against such other hazards and casualties as the Declarant may deem desirable. The Declarant may also insure any other property whether real or personal, owned by Declarant or HRA against loss or damage by fire and such other hazards as the Declarant may deem desirable, with Declarant and HRA as the Owner and beneficiary of such insurance as their interests require. HRA shall insure separately the HRA Unit and maintain a policy of fire, extended coverage, vandalism and malicious mischief, with all risk endorsement insurance, sufficient for the entire replacement cost of the HRA Unit. The insurance coverage with respect to the Common Elements, and Units shall be written in the name of the respective Owners and the proceeds thereof shall be payable to the respective Owners. Insurance proceeds shall be used by respective Owners for the repair or replacement of the property for which the insurance is carried. Premiums for all insurance attributable to the Common Elements and associated risks are common expenses included in the monthly assessments made by the Association and payable to Declarant. Section 2. COMMERCIAL GENERAL LIABILITY INSURANCE BY DECLARANT. The Declarant shall maintain commercial general liability insurance against claims and liabilities arising in connection with the ownership, existence, use or management of the Property, Common Elements and Declarant Unit, ensuring the Declarant, the Board, the Association, and their respective employees, agents and all persons acting as agents. The HRA shall be included as an additional insured, but only for claims and liabilities arising in connection with the existence and use of the Common Elements. The HRA shall maintain its own commercial general liability insurance in connection with its ownership, existence, use or management of its unit. Section 3. REVIEW OF POLICIES All insurance policies shall be reviewed at least annually by the Board of Directors in order to ascertain whether the coverage contained in the policies is sufficient to make any necessary repairs or replacement of the property which may have been damaged or destroyed, and that sufficient public liability insurance coverage exists to protect the owners from such risks. - 14- ARTICLE X SPECIAL PROVISIONS Section I. OVERRIDING PROVISIONS. The provisions of this Article take precedence over any other conflicting provisions of this Declaration. Section 2. NOTICE OF DEFAULT. A first mortgagee of any Unit and HUD, upon request, is entitled to written notification from the Association of any default in the performance by an Owner of any obligation under the Declaration, By-Laws or Articles of Incorporation which is not cured within sixty (60) days. Section 3. RESTRICTED ACTIVITIES. Unless all of the first mortgagees of the Units, HUD and all Owners approve, the Association, Declarant, and Owners shall not be entitled to: (a) Separate legal ownership of the Common Elemems and Declaram's Units by abandonment, partition, subdivision, sale, transfer or otherwise. The granting of easements for public utilities or for other public purpose consistent with the intended use of such Common Elements shall not be deemed a transfer or separation within the meaning of this subsection. A sale or refinancing by Declarant of both the Common Elements and Declarant's Unit together shall not require the approval of either HUD, any other Owner or the Association. (b) Change the method of determining the obligations, assessmems, dues or other charges which may be levied against an Owner; (c) By act or omission change, waive or abandon any scheme or regulation, or enforcement thereof, pertaining to the architectural design or the exterior appearance of the Principal Residential Structure and Detached Garage Structure or the maintenance of the Common Elements; (d) Fail to maintain fkst and extended coverage on insurable Common Elements and Units on a current replacement cost basis in an amount not less than 100% of the insurable value, based on current replacement costs; or (e) Use hazard insurance proceeds received for losses to any Common Elements or Unit other than for the repair, replacement or reconstruction of such Common -15- Elements and Units. Section 4. EXAMINATION OF BOOKS AND RECORDS. First mortgagees of Units and HUD shall have the right to examine the books and records of the Association. Section 5. RIGHT TO CURE DEFAULT. First mortgagees and HUD may, jointly or singly, pay taxes or other charges which are in default and which may or have become a charge against any Common Element or Unit and may pay overdue premiums in hazard insurance policies or secure new hazard insurance coverage on the lapse of a policy for the Common Element or Unit, and first mortgagees and HUD making such payments shall be owed immediate reimbursement therefor from Declarant or other Owner as their interest may appear. Section 6. PRIORITY OF FIRST MORTGAGEES. No provision of the Declaration or By-Laws shall be construed as giving to the Owner or to any other party priority over any rights of first mortgagees of Units or Common Elements pursuant to their mortgages or HUD pursuant to the Declaration of Trust in the case of a distribution to Owners of insurance proceeds or condemnation awards for losses to or a taking of a Unit or Common Element. ARTICLE XI MAINTENANCE Section 1. MANDATORY MAINTENANCE. Declarant, pursuant to the Owner's maintenance responsibilities as set forth in this Declaration, in particular Article V, Covenants for Maintenance Assessments and Capital Improvements, shall be responsible for, and be vested with, the exclusive management and control of the Common Elements, Limited Common Elements, and Units, and shall keep the same in good, clean, attractive and sanitary condition, order and repair. Declarant shall provide maintenance for the Units consistent with the assessments hereunder. If an Owner after notice neglects to maintain a Dwelling or Garage with respect to those obligations that are the Owner's responsibility under Article V, the Association may do so, assessing the cost thereof to such Owner. Section 2. ACCESS AT REASONABLE HOURS. For the purpose solely of performing the maintenance, improvements and repairs -16- authorized by this Article and Article V, the Declarant, through its duly authorized agents or employees, shall have the right, after reasonable notice to the Owner or its lessee, to enter any Dwelling or Garage with such persons and material as Declarant deems necessary at reasonable times during the day. Section 3. EMERGENCY ACCESS. For the purpose of abating or correcting any condition in the Dwelling or Garage which violates any governmental law, ordinance or regulation, which may cause material damage to or jeopardize the safety of the Units and Common Elements, or which may constitute a health or safety hazard for occupants of the Units and Common Elements, Declarant through its duly authorized agents or employees and any public safety personnel, shall have the right to enter any Dwelling or Garage at any time, without notice, with such men and material as Declarant or the public safety personnel deem necessary to accomplish such emergency repairs or to take such emergency action. This provision must be incorporated into all Dwelling and Garage leases. ARTICLE XII OPTION OF FIRST REFUSAL AND PERMITTING DECLARANT TO PURCHASE HRA UNIT AT THE END OF 40 YEARS At the end of the 40-year public housing regulatory period (or any extensions as may be required by law) Declarant or its successors or assigns may elect to purchase the HRA Unit at a stated valuation. The stated valuation shall, in the absence of a stipulated agreement by the parties, be upon valuation by appraisal. In the event of such appraisal, the Declarant and HRA shall each choose one disinterested representative, who in turn shall choose a third disinterested representative, and these three persons, thus chosen, shall value and appraise the the HRA Unit for purposes of Declarant's exercising its option to purchase hereunder. HRA and Declarant shall each have the right of first refusal in the event the other desires to convey its ownership interest in the Common Elements or its respective unit. Said right of first refusal shall be upon stated valuation as defined above. ARTICLE XIII GENERAL PROVISIONS Section 1. ENFORCEMENT. The Association or any Owner shall have the right to enforce all restrictions, conditions, covenants, reservations, liens and charges now or hereafter imposed by the -17- provisions of this Declaration. In addition, if any Owner, after written request for action by an Owner or the Association, and a thirty day period to cure, shall fail with respect to a tenant to enforce its lease or the Tenant Rules and Regulations and assert its rights to terminate such tenant's lease or take other corrective action authorized by its lease contract, then in such an event, Declarant, Association, and HRA grant each other an irrevocable power of attorney coupled with an interest to commence legal action in the others' name to assert said right of termination or other corrective action authorized by lease contract. If said written request is sent to HRA, a copy shall also be sent to HUD. Failure by the Association or by any Owner to enforce any covenant or restriction herein contained shall in no event be deemed a waiver of the right to do so thereafter. Section 2. RULES AND REGULATIONS. The Association may make reasonable rules and regulations governing the use of the Dwellings, Garages and of the Common Elements, which rules shall be consistent with the rights and duties established in this Declaration. Tenant Rules and Regulations are attached hereto as Exhibit C. The Declaration shall supersede any conflicting rules by the Association. Section 3. SEVERABILITY. Invalidation of any one of these covenants or restrictions by judgment or court order shall in no way effect any other provisions which shall remain in full force and effect. Section 4. DURATION AND AMENDMENT. The covenants and restrictions of this Declaration shall run with and bind the land, and shall inure to the benefit of, and be enforceable by, the Association or the Owner of any Unit subject to this Declaration, their respective legal representatives, heirs, successors and assigns, for a term of forty (40) years from the date this Declaration is recorded, after which time the covenants and restrictions shall be automatically renewed for successive periods of ten (10) years. Except as hereinafter provided, the covenants and restrictions of this Declaration may be amended only by the assent of ninety-five percent (95 %) of the votes the Members are entitled to cast. Any amendment must be properly recorded and a recorded certificate of the Secretary of the Association certifying that the amendment was approved by at least 95 % of votes the Members are entitled to cast shall be sufficient evidence of such fact. The prior written approval of all the first mortgagees of Units and HUD shall be required for any amendment of this Declaration which would affect the right of the Association or Declarant to do any of the acts specified in Article X, Section 3(a), (b), (c), (d), and (e). The Declaration may be terminated only by agreement upon 95% of votes entitled to be cast by Owners, first mortgagees of Units and HUD. An agreement to terminate shall be -t8- evidenced by written agreement, executed in the same manner as a deed. A certificate of termination executed by the Secretary of the Association evidencing termination shall be recorded together with the agreement to terminate on or before the termination date. Section 5. NOTICES. Any notice required to be sent to any Member or Owner under the provisions of this Declaration shall be deemed to have been properly sent when mailed post-paid to the last known address of the person who appears as Member or Owner on the records of the Association at the time of mailing. IN WITNESS WHEREOF, the undersigned, being the Declarant herein, has hereunto caused these presents to be executed this day of ,2002. BLUFF HEIGHTS APARTMENTS, LIMITED PARTNERSHIP, a Minnesota limited partnership BY EVERGREEN REAL ESTATE DEVELOPMENT CORPORATION, a Minnesota corporation, General Partner This Instrument was drafted by: EASTLUND, SOLSTAD, CADE & HUTCHINSON, LTD. 4200 County Road 42 West Savage. MN 55378-4048 (952) 894-6400 By. Gregory A. McClenahan, President -19- STATE OF MINNESOTA ) ) SS: COUNTY OF ) On this __ day of ,2000, before me, a Notary Public, personally appeared Gregory A. McClenahan, to me perso~mlly known, who, after being first duly sworn, did state that he is the President of Evergreen Real Estate Development Corporation, a Minnesota corporation, the General Partner of Bluff Heights Apartments, Limited Parmership, a Minnesota limited parmership, named in the foregoing instrument, and that he signed the same on behalf of said corporation and limited partnership. Notary Public - 20 - EXHIBITS EXHIBIT A Lot One (1), Block One (I), Bluff Heights Addition per plat of Bluff Heights Addition filed of record in Scott County, Minnesota. EXHIBIT B Unit Identifiers and Boundaries Declarant Unit - Legally described as Unit One on the Plat of Bluff Heights Apartments. Declaram's Unit shall consist of the following Dwellings and Garages: Dwellings Garages HRA Unit - Legally described as Unit Two on the Plat of Bluff Heights Apartments. HRA's Unit shall consist of the following Dwellings and Garages: Dwellings Garages The perimeter boundaries of the Dwellings and Garages are their respective walls, floors and ceilings, more specifically the interior, unfinished surfaces of the perimeter walls, floor and ceilings of the Dwellings and Garages. All paneling, tiles, wallpaper, paint, floor covering, and any other finishing materials applied to the interior surfaces of the perimeter walls, floors or ceilings, are a part of the Dwelling or Garage, and all other portions of the walls, floors or ceilings, including perimeter doors and windows and their frames, are a part of the Common Elements. Perimeter Doors and windows and their frames, and the Dwelling patio or deck are Limited Common Elements allocated exclusively to the respective Dwelling or Garage. The location and dimensions of the boundaries of the above-referenced Units are more specifically described on the Plat of Bluff Heights Apartments, attached hereto. EXHIBIT C Tenant Rules and Regulations TENANT RULES AND REGULATIONS BLUFF HEIGHTS APARTMENTS 10. Rules and Regulations Parking is allowed in the tenant's assigned garage, the designated exterior parking spaces or in public streets adjacent to the development. Vehicles parked elsewhere on the premises of the development will be towed at the vehicle owner's expense. Tenant will be permitted to park one vehicle in the designated exterior parking spaces in addition to one vehicle in the Tenant's assigned garage. Parking for additional vehicles must be approved by management or be subject to towing at the vehicle owner's expense. Any vehicle parked in the designated exterior parking spaces or in the adjacent public street must be in operating condition and have current license plates and tabs. Vehicle maintenance procedures that may be considered a nuisance to other Tenants shall not be allowed. No animals shall be kept on the premises, except dogs less than 15 pounds, cats, or small caged animals that will be kept indoors. Dogs must be on a leash at all times when outside. Size restrictions are not applicable to animals that are used to assist persons with disabilities. No clothes, sheets, blankets, laundry of any kind or any other articles shall be hung out on any portion of the apartment grounds, patios, hallways, or on the exterior of any unit. No exterior television or radio antenna of any sort shall be placed, allowed or maintained upon any portion of the unit or the apartment building grounds or common areas. No exterior additions, removals, or alterations (including changes in the color or appearance) to any patio unit, entry door or entrance area or garage door shall be permitted. No living unit shall be used for purposes other than as a single family residence, nor shall any trade or business of any kind be operated, nor shall any unit be leased, sublet, assigned or suffered to be used for hotel or transient occupancy. Tenant shall not engage in or permit any activities, loud noises (e.g. music), unrestrained pets or excessive pet noise, illegal activities, sale or use of illegal substances, or other conduct which may be considered a nuisance or interferes with or disrupts another Tenant's quiet enjoyment of the unit or common areas. Tenant and any other member of tenant's household shall not utter in public profanities, statements of insult, or statements reasonably perceived as abusive, derogatory, or threatening, or engage in conduct towards other tenants reasonably perceived as abusive, derogatory, or threatening. Tenant shall not permit any other members of tenant's household to strike, push, kick or otherwise contact another tenant or tenant's guests with unreasonable physical force, or intimidate or harass another tenant or tenant's guests while on the premises or while on a school bus. 11. Common areas are for the exclusive use of tenants and their guests. Restricted hours of availability and rules of use must be observed. Reservations of the common areas must be made through the Management Office. Restricted equipment is available, subject to deposits and other rules of use established by the Management Office. 12. Tenant shall use the living unit solely as a private place to live for Tenant and members of Tenant's immediate household. One (1) bedroom units shall have an occupancy limit of 3 persons; two (2) bedroom units shall have an occupancy limit of 5 persons; three (3) bedroom units shall have an occupancy limit of 6 persons. Overnight guests not listed as household residents below may not occupy the premises in excess of two days without written permission from Management Office. 13. Tenant must dispose and place all garbage, rubbish and other waste from the unit and garage in designated exterior garbage dumpsters located on the premises. No more than one week's accumulation of garbage may be stored in the tenant's garage. Any garbage stored in the garages must be kept in sealed containers. Tenants are encouraged to separate recyclable products (glass, plastic, tin and aluminum cans, and newspaper) and place those items in the separate bins in the designated exterior garbage areas. 14. Tenants shall immediately report to the Management Office (phone repair to the interior or exterior of the unit. ) any need for 15. Tenants may not make any alterations to the unit or garage interior, including painting, carpeting or other major decorating change without the specific approval of Management Office. 16. Tenants shall be responsible for providing to management an annual income certification and any documentation or information requested by management in support of or relevant to that certification, including identification of household residents. Failure to provide this annual income certification or supporting documentation and relevant information shall be grounds for eviction. 17. Management reserves the right to amend or change the building rules at any time as it deems necessary to protect the use and enjoyment of the complex for the Tenants. 18. Violation of any of these rules shall be grounds for eviction. I have been given the oppormnky to read these rules and regulations of Bluff Heights Apartments and I understand them and agree to abide by them and shall cause other members of my household and guests to abide by them. I have been provided a copy of these rules and regulations for my reference. Date: Tenant: Client Name Signature: Household Residents 1. 2. 3. 4. 5. 6. PLAT REQUIREMENTS BLUFF HEIGHTS APARTMENTS Page One ~ Boundaries, dimensions and legal description of real property Dimensions and location of structures and roadways Location and dimensions of all recorded easements or encroachments Page Two - Floor Plans of Principal Structure and Detached Garage Structure - Location and dimensions of patios and decks (limited common elements) - Location and dimensions of front, rear, and side boundaries of Units 1 and 2, and upper and lower boundaries of Units 1 and 2 with reference to an established or assumed datum Unit 1 Unit 2 Dwellings Garages Dwellings Garages Certification by Surveyor and/or Architect that the plat accurately depicts all information required by Minn. Stat. §515B.2-110 as applicable to Bluff Heights Apartments, Inc., as exempted pursuant to Minn. Stat. §515B.l-102{e) (1) and §515B.1- 103(34) BLUFF HEIGHTS APARTMENTS Introduction Bluff Heights Apartments will be a 49-unit rental apartment complex located in the northeast corner of the intersection of Franklin Trail and Highway 13 in Prior Lake, Minnesota. 39 units will be financed by federal tax credits and private or state-sponsored financing. The other 10 units will be owned by Scott County HRA and operated as public housing. The development is designed to provide housing to one to five-person families with incomes between $20,000 and $50,000, for whom there are limited housing alternatives. Other neighboring land uses include retail, commercial, multi-family and single family neighborhoods. The apartment complex will provide visual appeal, community atmosphere and outdoor recreational and leisure opportunities. Physical Develonment The property will consist of a three-story apartment complex. The 49-unit mix will consist of 8 one-bedroom units (700 sq. ft.), 28 two-bedroom units (850 sq. ft.) and 13 three-bedroom units (1,050 sq. ft.). Three of the units will be handicap accessible. Scott County HRA will own 10 units. The building common area will have an open element from ground floor to second floor and consist of a manager's office on the first floor and some combination of community/exercise/game/laundry rooms on the second and third floors. One private garage and one surface parking space will be provided per unit. There will be a resident manager/caretaker. Unit density will be approximately 18 units per developable acre. The property is zoned for 30 units per acre and contains 2.69 developable acres. An additional .95 acres contains a regional storm water pond and the land surrounding the pond is available for use by the tenants. The exterior will be maintenance-free siding and 60% class I materials. The units will have separate heating and cooling systems. All units will have standard kitchen appliances, plus dishwasher. A separate dining area will be provided. Each unit will have a balcony or patio area. Tenants will pay gas and electric utilities. The owner will provide garbage service and water and sewer. A central laundry will be located on the second floor. Site amenities include an age-appropriate play area and walking paths throughout the undeveloped area in the rear of the property. The grounds will be appropriately enhanced by shrubs, deciduous and evergreen trees, perennial and annual flowering plants and landscaping medium. Location The apartment complex will be located on approximately 3.62 acres of open land, which also contains a regional storm water holding pond (.95 acres). The site is adjacent to a 3-story professional building (west) and owner-occupied four-plexes (east). An apartment complex is located across Franklin Trail to the south. A wetlands abuts the property to the north. There are similar multi-family uses in the proximate area. The apartment complex will provide a to the west. The location permits direct access to Highway 13. Tenant Profile Prospective tenant households' incomes must fall below the following limits: Household size Income* 1 $31,380 2 $35,880 3 $40,320 4 $44,820 5 $48,420 6 $52,020 Maximum rents*, exclusive of estimated tenant-paid utilities, are as follows: 1 Bedroom Unit 2 Bedroom Unit 3 Bedroom Unit $625-651 $772-794 $887-917 Tenants must also satisfy background checks regarding criminal activity and credit and landlord-tenant history. The apartment complex will provide affordable housing opportunities for low and moderate income families. Tenants may continue to live at Bluff Heights Apartments after their incomes exceed the initial income guidelines, but it is anticipated many tenant households will move to single-family homes in Prior Lake and the surrounding area. * effective as of November 1, 2001 Narrative.wpd 2 DESCRIPTION OF SITE AND SURROUNDING LAND USES The proposed site is zoned R4, which allows up to 30 units per acre. The 3.62 acre, rectangular site surrounds a storm water drainage pond, which occupies a .95 acre easement, yielding 2.67 developable acres. The proposed site layout surrounds the pond and utilizes the pond and undeveloped northeast portion of the property as a site amenity and nature resource. The site rises gradually from the water level of the drainage pond. The building pad elevation will be established sufficiently above the pond 100 year high water mark. The site is lightly to moderately wooded with small to medium-sized softwood trees. The building footprint has been located in such a fashion so as to satisfy various setbacks from the perimeter boundaries and interior easement boundaries and to minimize proximity to less desirable soils near the drain pond and former drainage swale that diagonally crossed a portion of the property. Extensive soil analysis has been performed. The property is located in an area containing a mix of land uses within a 500 foot radius, including owner-occupied and rental multifamily residences, single family residences, a medical clinic, a gas station, a two-story professional building and a veterinary clinic. All the surrounding buildings and businesses are well maintained and provide a pleasant neighborhood. The proposed development is similar in character to and compatible with the multiple surrounding uses. DescrptionSite. Surrounding.LandUse.wpd Mar 29 02 1 1:34a I~. I · M.S. 763-53~-?~98 Im.2 83/2012002 11:38 651G533575 ELEI~ENTS INC P~GE 82/~2 L / / _) DNI/5~SNOO OHS(]O~E Memorandum DATE: TO: FROM: RE: March 20, 2002 Jane Kansier, Planner Robert D. Hutchins, Building Official Site plan review for BluffHeights Following are the results of the preliminary Site plan review for the Bluff Heights building. Our review was based on the Minnesota State Building Code (MSBC) which adopted with amendments the 1997 Uniform Building Code (UBC) with handicap regulations of the Minnesota Accessibility Code Chapter 1341. Also requirements of the 1998 Minnesota State Fire Code (MSFC) which adopted with amendments the 1997 Uniform Fire Code (UFC). 1. Complete a Building Code analysis. UBC Chapter 5. Include the following: a. Occupancy Classification. Note: If Garages designated as S-3, provide a 3-hour occupancy separation between R-1. If designated as U-l, provide 2-hour area separation every 3000 s.fi from floor to roof deck. UBC Table 3-B and UBC 312.2.2. b. Type of Construction. c. Location on Property. d. Allowable Floor Area. Note: a NFPA 13 system is required for fire department concerns. e. Height and Number of stories. f. Exiting. 2. Structural engineer to design retaining walls over 4'-0" in height. 3. Relocate the site fire hydrant south to the West peninsula by the West drive entrance. 4. Provide a Post Indicator Valve (PIV) on sprinkler supply line into buildings. Locate a minimum distance away the height of the building. 5. Provide fire lanes for fire apparatus response. Signage to read:" No Parking Fire Lane by order of Fire Department". Indicate on Site plan. Locate by Fire Hydrant and East parking lot and North Parking lot. UFC 1001.7.1. 6. If provided, indicate means of lawn irrigation. May use separate service and metering for billing purposes. 7. Siamese connection and enunciator panels to be located by front entrance. The following are building plan comments: 8. Submit signed architectural, structural plans and a Certificate of Survey before building permit. Submit signed HVAC, plumbing, fire/smoke alarm, emergency lighting/exit signs and sprinkler plans. May be submitted at a later date. 9. Provide detail of lawn sprinkler service stub valve and backflow prevention details. 10. Provide HDCP signage details. 11. All Units not HDCP accessible must be HDCP adaptable and on a HDCP accessible route. MSBC 1341 Table 16.2 12. Provide two parking spaces for commuter van. MSBC 1300.4100. 13. Submit Energy Envelope Calculations. MN Energy Code 7670.0100 14. Submit a soils report. 15. An S.A.C. determination must be completed by the Metropolitan Waste Control Commission. Contact Jody Edwards at 651.602.1113. 16. Provide testing documentation indicating that exterior and interior walls, elevator walls, corridor floors, floor tresses/joists, and roof truss construction meets One hour fire resistive construction. UBC 703. 17. Provide docmnentation listing that construction (floors and walls) meets Sound Transmission Control ratings. UBC Appendix Chapter 12. 18. Submit the Structural Engineers requirements for Special Inspections UBC 1701.5. 19. One hour fire-rated Elevator Lobbies required. An elevator lobby must be separated from a corridor. UBC 1004.3.4.5 20. Stairways and landscaped area must be in Rated Shafts. Two floors are allowed to be open to each other. UBC 711.3 or an Atrium must be provided as per UBC 402. 21. Interior family rooms must be furnished with natural light. UBC 1203.2 22. Ventilation for the building must meet UBC chapter 12. Provide 15 CFM of ventilation per occupant in the corridor. 23. State of Minnesota Building Codes and Standards Division must inspect Elevator. MSBC 1307.0035. 24. Provide a Class III standpipe in each stairway. UBC 904.5.3 25. Provide fire extinguishers minimum 2A10BC rated, within 75 feet travel distance of all areas. UFC 1002. 2 26. Automatic garage doors to comply with State of Minnesota Statutes. MSBC 1300.5900 27. Post occupant load sign in Party Rooms. UBC 1007.2.6. 28. Provide maneuvering clearances and landings at the top and bottom of ramp in HDCP garages. MSBC 1341..0442 Subpart 6 29. Garage service doors must not swing over the step. UBC 1003.3.1.6 Exception 1.1 This is a preliminary review only on conceptual plans. Other code items will be addressed when the preliminary plans are submitted. The building plans must be reviewed by the Cities Developmental Review Committee (DRC) which consists of representatives of Planning, Engineering, Parks, Finance, and Building Departments. The DRC must approve the site plans before a building permit can be issued. i'- Ill 0;:o nl .-< ~> Ill DESCRIPTION OF SITE AND SURROUNDING LAND USES The proposed site is zoned R4, which allows up to 30 units per acre. The 3.62 acre, rectangular site surrounds a storm water drainage pond, which occupies a .95 acre easement, yielding 2.67 developable acres. The proposed site layout surrounds the pond and utilizes the pond and undeveloped northeast portion of the property as a site amenity and nature resource. The site rises gradually from the water level of the drainage pond. The building pad elevation will be established sufficiently above the pond I00 year high water mark. The site is lightly to moderately wooded with small to medium-sized softwood trees. The building footprint has been located in such a fashion so as to satisfy various setbacks from the perimeter boundaries and interior easement boundaries and to minimize proximity to less desirable soils near the drain pond and former drainage swale that diagonally crossed a portion of the property. Extensive soil analysis has been performed. The property is located in an area containing a mix of land uses within a 500 foot radius, including owner-occupied and rental multifamily residences, single family residences, a medical clinic, a gas station, a two-story professional building and a veterinary clinic. All the surrounding buildings and businesses are well maintained and provide a pleasant neighborhood. The proposed development is similar in character to and compatible with the multiple surrounding uses. DescrptionSite. Su~ounding. LandUse,wpd Prior Lake Spring Lake Watershed Dletrlct Review of Permit Application end RequMt for Verlence July 3~ 2002 Application 02.1[ Bluff Heights 2n~ Addition Applicant: Greg McClenahan GAM Management Corp 5212 Hope St Prior Lake, MN 55372, 952-894-6400 Engineer: Steve Albrecht Bolten & Menk, [nc :IS[ E Hwy 3.3 Bumsvllle, MN 55337, 952-Sg0-050g, tax-9~;2-890-8065 Location: Near NE quadrant of intersection of Franklin Tr, and Hwy [3 Purlm~e.' Develop a 3.62 acm sim, construct a 49-unit al)artment building and related features. Note to pern~t applicant: This Is not a permit. Zf this project Is approved, the applicant must do the fOllowing before starting construction: Pay any outstanding fee, provide monetary security, record any buffer strip, record any infiltration agreement and obtain the actual permit. Exhlblt~: $., Latter dated $. $./8/95 from City of Prior Lake to David Voxland 2. Application and $60 fee, received 4/3/02, 3. Comments and questions by District staff faxed to applicant on 4/'15/02. 4. Landowner list from licensed abstractor, received 4/$.7/02 5. Letter and additional Info dated 6/[3/02, received 6/[7/02. 6. Copy of plat for Bluff Heights Addition, dated 8/29/72, Received 6/25/02. 7. Notice to nearby landowners, mailed 7/2/02. Flndlnge: The '11/8/gS letter by the City of Prior Lake indicates that all future pOnding/drelnage issues will be satisfied with the construction of' a water quality pond. The letter states that the property owner Is not extruded fi.om future standards If rules change. Watershed District Rules have changed since that City letter was written. The Rules now Inclu~le requirements for buffer strips and Infiltration. I 'd 8~ZG'ON Q~HS ~J~L¥~A 1S ld ~N¥/[:O[ ~00~ '8 'In[` Page 2, Bluff Helgl~ts Application materials submitted Include a request for waiver of the Infiltration requirement due to: 1) soil conditions end, 2) the fac~ that there ~s an agreement date¢l ! 1/8/95 fi'om ti~e Ci~V of Prior Lake providing that the then constructed pon=l meets ell future ponding and drainage requirements. The several soils Investigation reports support a variance from the Infiltration requirement. Existing and proposed runoff Is summarized as follows= Exlsung (3.43 ac) Proposed (3.69 ac) Rate (cfs) Vol (Al=) Rate (cf s) Vol (AF) 2 yr 4.0 0.185 7.97 0.336 10 yr 13,12 0,620 19.69 0.882 100 yr 22,47 1,090 30.79 1.425 Rate and volume control are adequately addressed based on the understanding that the existing regional pond was designed and bull~ fOr the development of the total drainage area Including the subject sit~, The dedication in 1995 o/' 0.95 acre to drainage and utility easements, Including the existing on-site regional stormwater pond~ provide adequate for stormwater treatment. The site of this stormwat~r pond Is a former wedand. Burrer strip is not required around this pond since the area was platted some time ago (:[972) and the stormwater pond has been In place since the mid zgg0s. ErOSion control Is adequate as shown on the grading plan submitted. AS required, the applicant proposes a buffer strip on the portion of the small wetland that is bartially on the site; in the NW corner. (District Rules similarly require buffer strip for the portion of' this smell wetland on the adjacent Timber Crest see, 02.04). HEARING NOTICES L:\TEMPLATEkFILEINFO.DOC Jane KansJer From' Sent: To: Subject: Jane Kansier Tuesday, April 23, 2002 10:57 AM Legal Dept. Prior Lake American (E-mail) Legal Notices Please publish the attached hearing notices in the Prior Lake American on Saturday, April 27, 2002. If you have any questions, please contact me at 952-447-9812. Jane Kansier, Planning Coordinator City of Prior Lake bluff pn. DOC 02-45 put) note. DOC 02.044 pub note. DOC pub note. DOC wensmann pn. DOC CITY OF PRIOR LAKE NOTICE OF PUBLIC HEARING TO CONSIDER AN APPLICATION FOR A CONDITIONAL USE PERMIT FOR A 49-UNIT MULTI-FAMILY APARTMENT BUILDING TO BE KNOWN AS BLUFF HEIGHTS APARTMENTS You are hereby notified that the Planning Commission will hold a public hearing at Prior Lake Fire Station #1, located at 16776 Fish Point Road, SE, on Monday, May 13, 2002 at 6:30 p.m., or as soon thereafter as possible. The purpose of the public hearing is to consider an application for a conditional use permit to allow the construction of a 49-unit apartment building on 3.62 acres of vacant land zoned R-4 (High Density Residential) and located on the north side of Franklin Trail, east of TH 13 and west of BluffHeights Trail. The property is legally described as follows: Legal Description: Lots 1 and 2, Block 1, BLUFF HEIGHTS ADDITION, according to the recorded plat thereof, Scott County, Minnesota. 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 952-447-9810. Jane Kansier, Planning Coordinator City of Prior Lake TO BE PUBLISHED IN THE PRIOR LAKE AMERICAN ON SATURDAY, APRIL 27, 2002. l:\02files\02cup\bluff heights\bluff pn.doc Page 1 16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (952) 447-4230 / Fax (952) 447-4245 AN EQUAL OPI:~RTUNITY EMPLOYER CITY OF PRIOR LAKE NOTICE OF PUBLIC HEARING TO CONSIDER AN APPLICATION FOR A CONDITIONAL USE PERMIT FOR A 49-UNIT MULTI-FAMILY APARTMENT BUILDING TO BE KNOWN AS BLUFF HEIGHTS APARTMENTS You are hereby notified that the Planning Commission will hold a public hearing at Prior Lake Fire Station gl, located at 16776 Fish Point Road, SE, on Monday, May 13, 2002 at 6:30 p.m., or as soon thereafter as possible. The purpose of the public hearing is to consider an application for a conditional use permit to allow the construction of a 49-unit apartment building on 3.62 acres of vacant land zoned R-4 (High Density Residential) and located on the north side of Franklin Trail, east of TH 13 and west of Bluff Heights Trail. The property is legally described as follows: Legal Description: Lots 1 and 2, Block 1, BLUFF HEIGHTS ADDITION, according to the recorded plat thereof, Scott County, Minnesota. 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 952-447-9810. Jane Kansier, Plamfing Coordinator City of Prior Lake MAILED TO OWNERS OF PROPERTY WITHIN 350' ON FRIDAY, MAY 3, 2002. l:\02files\O2cup\bluff heights\bluff nm.doc Page 1 16200 Ea§le Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (952) 447-4230 / Fax (952) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER Resolution and Minutes L:\TEMPLATE~FILEINFO.DOC Planning Commission Meeting May 13, 2002 5. Public Hearings: Commissioner Stamson read the public hearing statement. A. Case #02-026: Bluff Heights Apartments is requesting a Conditional Use Permit to develop a 49-unit apartment building on 3.62 acres of vacant land located on the north side of Franklin Trail, east of Highway 13 and west of Bluff Heights Trail. Planning Coordinator Jane Kansier presented the Planning Report dated May 13, 2002, on file in the office of the City Planning Department. Bluff Heights Apartments, Limited Partnership, represented by Gregory McClenahan, has filed an application for a Conditional Use Permit (CUP) to allow a multifamily dwelling on the property located on the north side of Franklin Trail, east of TH 13 and west of Bluff Heights Trail. The plan proposes 49 units on a total of 3.62 acres. The property is zoned R-4 (High Density Residential) and is guided as R-HD (Urban High Density) on the Comprehensive Land Use Plan Map. Multi-family dwellings require a CUP within the R-4 Zoning District. Staff recommended the Planning Commission continue this matter and direct the developer to provide the necessary additional information. In order to allow the developer time to submit this information, and the staff the time to review it, the item should be continued to June 10, 2002. Atwood questioned buffer yards. Kansier explained the differences between B & C bufferyards and briefly explained screening requirements. Criego questioned the allocation for parks or playgrounds. Kansier said the land is not being platted and therefore not required. The applicant does show a small playground and a trail around the pond. Comments from the public: Applicant Greg McClenahan, representing Bluff Heights Apartments, said he does not have any problems with continuing the matter to June 10, as they are working on staff's conditions. The City Engineer is reviewing the storm water plans. The plan was to satisfy the 60% exterior materials requirements. McClenahan explained they were looking into a part stucco and brick building material, landscaping and bufferyard, lighting, garage setback and park requirements. Criego questioned if there was adequate space for children in the development. McClenahan said it was similar to other projects he has built in Scott County. He felt the project was family oriented with a demographic of 1.9 children per household. There L:\02F1LES\02planning comm~02peminutesWiN051302.doe 2 Planning Commission Meeting May 13, 2002 would be a game room, tot lot, pedestrian path and picnic shelter on the property. He felt they have done a fair job in addressing the recreation area for children. Irene Mangan, 4810 BluffHeights Trail, stated her major concern is the population of the building. Another concern is the drainage runoff. The area already has several existing wet areas. She questioned who will take responsibility for the problems. Mangan pointed out the drainage from this project running into their parking lot. Safety is an issue with the busy comer and heavy traffic. Walter Hriber, 4818 Franklin Trail, said a big issue is the existing water problems. The project needs to be tiled. Another concern is to have the developer install a fence to keep the kids from running into their property. Greg McClenahan said they did hold an informational meeting and discussed putting up a fence along the boundaries and they would be more than willing to do so. He also addressed the neighbor's drainage concerns. The hearing was closed at 7:00 p.m. Comments from the Commissioners: Criego questioned Kansier on the existing water problems on the adjacent parcel. Kansier explained the City is concerned with runoff problems. Ringstad said the drainage concerns are legitimate. The engineering department can address this issue at the next meeting. MOTION BY RINGSTAD, SECOND BY CRIEGO, TO CONTINUE THE MATTER TO JUNE 10, 2002. Vote taken indicated ayes by all. MOTION CARRIED. B. Case #02-045: Shamrock Development is requesting an Amendment to the Comprehensive Plan to change the designation from Community Retail Shopping (C-CC) to Residential - High Density (RHD) for the vacant land located on the west side of CSAH 83, south of CSAH 42 and north of The Wilds. Planning Coordinator Jane Kansier presented the Planning Report dated May 13, 2002, on file in the office of the City Planning Department. Shamrock Development has filed an application for a Comprehensive Plan Amendment for the property located on the south side of CSAH 42, east of CSAH 83 and north of The Wilds. The proposal is to amend the 2020 Comprehensive Plan Land Use Map from the current C-CC (Community Retail Shopping) designation to the R-HD (High Density Residential) designation on approximately 20 acres of vacant land. L:~02FILES\02planning comm\02pcminutesWIN051302.doc 3 PLANNING COMMISSION MINUTES MONDAY, JUNE 10, 2002 1. Call to Order: Chairman Stamson called the June 10, 2002, Planning Commission meeting to order at 6:30 p.m. Those present were Commissioners Atwood, Lemke, Ringstad and Stamson, Planning Coordinator Jane Kansier, City Engineer Sue McDermott and Recording Secretary Connie Carlson. 2. RolI CalI: Atwood Present Criego Absent Lemke Present Ringstad Present Stamson Present 3. Approval of Minutes: Correction on Page 3, last sentence in the 8th paragraph - change Stamson to Stanton. The Minutes from the May 28, 2002, Planning Commission meeting were approved as amended. 4. Consent: None 5. Public Hearings: None 6. Old Business: A. Case #02-026: (Continued) Bluff Heights Apartments is requesting a Conditional Use Permit to develop a 49-unit apartment building on 3.62 acres of vacant land located on the north side of Franklin Trail, east of Highway 13 and west of Bluff Heights Trail. Planning Coordinator Jane Kansier presented the Planning Report dated June 10, 2002, on file in the office of the City Planning Department. The Planning Commission reviewed this application at a public hearing on May 13, 2002. The Commission concluded there were too many unresolved issues at that time, and continued the hearing to this date. Bluff Heights Apartments, Limited Partnership, represented by Gregory McClenahan, has filed an application for a Conditional Use Permit (CUP) to allow a multifamily dwelling on the property located on the north side of Franklin Trail, east of TH 13 and west of BluffHeights Trail. The property is zoned R-4 (High Density Residential) and is guided L:\02F1LES\02planning comm\02pcminuteshMN061002.doc Planning Commission Meeting June 10, 2002 as R-HD (Urban High Density) on the Comprehensive Land Use Plan Map. Multi-family dwellings require a CLIP within the R-4 Zoning District. Based on the information submitted so far, staff would recommend approval of the site plan with the following conditions: 1. Any changes required as a result of the review of the revised storm water runoff calculations must be incorporated into the site plan. 2. The applicant must provide building elevations specifically identifying the proposed architectural mater/als. The applicant must also provide building elevations for the detached garage. The exterior materials for the garage must be compatible to the principal structure. 3. The landscaping plan must be revised to include 2 additional trees. 4. The applicant must provide an irrigation plan with the building permit. 5. The lighting plan must be revised to ensure that light at the center of the parking lot along Franklin Trail does not exceed 1.0 footcandle at the right-of-way line. 6. The must provide plans for the trash enclosures. The trash enclosures must be constructed of materials compatible with the materials used for the principal structure. 7. The applicant must provide the necessary documents granting the City drainage and utility easements prior to issuance of a building permit. 8. All issues identified in the memorandum from the Engineering Department and the Building Department must be reviewed and any required changes made to the site plan prior to issuance of a building permit. There were originally 9 items. Item #8 regarding the wetland permits had been addressed. Comments from the public: Applicant, Greg McClenahan, felt all the issues had been addressed. McClenahan briefly explained the walking trail and preserving two trees; the elevations; slight interior layout changes; and the lighting by the road will be changed to meet the codes. There were no other comments from the public. Comments from the Commissioners: Ringstad: · The building is zoned appropriately and the concerns from the prior meeting have been addressed. · Approve. L:\02FlLES\02planning comm\02pcminutes~MN061002.doc 2 Planning Commission Meeting dune 10, 2002 Atwood: · Agreed with staff's recommendation. Lemke: · Agreed, the plan meets all the requirements for the Conditional Use. Stamson: * All concerns and issues have been addressed. Move forward. MOTION BY ATWOOD, SECOND BY RINGSTAD, RECOMMENDING CITY COUNCIL APPROVE THE CONDITIONAL USE PERMIT WITH THE LISTED CONDITIONS IN THE PLANNING REPORT WITH THE EXCEPTION OF ITEM NUMBER 8. Vote taken indicated ayes by all. MOTION CARRIED. This item will go before the City Council on June 15, 2002. 7. New Business: A. Discuss an Ordinance Amendment for water-oriented accessory structures. Planning Coordinator Jane Kansier presented the Planning Report dated June 10, 2002, on file in the office of the City Planning Department. The City staffis bringing this to the attention of the Planning Commission at the request of the City Council. The current ordinance allows one water-oriented accessory structure on riparian lots that have a grade slope of at least 20 percent. The question before the Planning Commission at this time is whether or not the Ordinance should be amended to expand the definition of a water-oriented accessory structure and to allow these structures on all riparian lots, regardless of slope. Staffhas discussed this issue with the DNR, and has concluded this type of use is reasonable, as long as all other state regulations, shoreland and flood plain ordinances are in compliance. Comments from the Commissioners: Lemke: · Questioned if a permanent foundation was part of the State Rules. Kansier said it was. Stamson: · Discussed structure setbacks - on flat lots it is not too much to ask for 25 feet. Not everyone needs to have a structure 10 feet from the lake. It will not be attractive with buildings cluttering the shoreline. L:\O2FILESXO2planning comm\02pcminutesLMN061002.doc 3 City Council Meeting Minutes July 15, 2002 Boyles: Explained the process, first with the ordinance amendment, then to be followed by an application for conditional use permit. MOTION BY ZIESKA, SECOND BY GUNDLACH TO APPROVE ORDINANCE 02-11 AMENDING SECTION 1102,1403(6) OF THE PRIOR LAKE CITY CODE. Hau,qen: Discussed the restrictions for parking and the designated drop-off area. Believed there was no need for the restrictions at this time and that the items may be unnecessarily restrictive for this site. Pace: Advised that the ordinance applies broadly, and that the Council may want to consider the overall impacts to the area. Zieska: Agreed that the restrictions are necessary for the overall area from a safety perspective given the other uses in the area. Hau,qen: Advised that his concerns were for the specific building and given that the ordinance applies more broadly, felt the restriction were appropriate. VOTE: Ayes by Haugen, Gundlach, Petersen, Zieska and LeMair, the motion carried. Consider Approval of a Resolution Approving the Conditional Use Permit for a 49-Unit Multi-Family Dwelling, Known as Bluff Heights Apartments in the R-4 Zoning District (Case File #02.026) Kansier: Reviewed the agenda item in connection with the staff report. LeMair: Asked where the nearest park is to the property. Kansier: The nearest park is probably Lakefront Park, but that since the project is not platted, the City cannot require park development. A neighboring property, however, will be platted, and discussions have already begun with the Timbercrest development for an adequate park in the area. Zieska: Advised that with a trail system, the complex will also be linked to The Ponds Park. MOTION BY ZIESKA, SECOND BY PETERSEN, APPROVING RESOLUTION 02-118 APPROVING THE CONDITIONAL USE PERMIT FOR A 49-UNIT MULTI-FAMILY DWELLING KNOWN AS BLUFF HEIGHTS APARTMENTS. VOTE: Ayes by Haugen, Gundlach, Petersen, Zieska and LeMair, the motion carried. Consider Approval of an Ordinance Amending Section 804 of the Prior Lake City Code Regulating the Discharge of Firearms. Boyles: Reviewed the agenda item in connection with the staff report. Pace: Added that the initial draft of the ordinance did include for informational purposes several clauses intended for the Council to consider the increasingly urban use of property within the City, and the impacts on the health, safety and welfare of its citizens. LeMair: Commented that Howard Lake seems to be hunted faidy heavily. 7 CONDITIONAL USE PERMIT RESOLUTION 02-118 APPROVING A CONDITIONAL USE PERMIT TO DEVELOP A 49-UNIT MULTI- FAMILY RESIDENTIAL BUILDING TO BE KNOWN AS "BLUFF HEIGHTS APARTMENTS" MOTION BY: ZIESKA SECOND BY: PETERSEN WHEREAS, W/d~EREAS, WHEREAS, WHEREAS, WHEREAS, WHEREAS, WHEREAS, WHEREAS, The Prior Lake Planning Commission conducted a public heating on May 13, 2002, to consider an application from Bluff Heights Apartments, Limited Partnership for a Conditional Use Permit (CUP) for a 49-unit multi-family dwelling to be known as BluffHeights Apartments; and Notice of the public hearing on said CUP was duly published in accordance with the applicable Prior Lake Ordinances; and The Prior Lake Planning Commission continued the public hearing to June 10, 2002; and The Planning Commission proceeded to hear all persons interested in this CUP and persons interested were afforded the opportunity to present their views and objections related to the CUP of BluffHeights Apartments; and The Planning Commission recommended the City Council approve the CUP with specific conditions; and The City Council considered the CUP application for Bluff Heights Apartments at its regular meeting on July 15, 2002; and The City Council finds the CUP for Bluff Heights Apartments in harmony with both existing and proposed development in the area surrounding the project; and The City Council finds the proposed CUP 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 meets the criteria for approval of CUP as contained in Section 1108.202 of the Zoning Ordinance. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF PR/OR LAKE: r:\resoluti\planres\2002\02-118.doc Page I 16200 Ea§le Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Pt. (952) 447-4230 / Fax (952) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER 1. The recitals set forth above are incorporated herein. 2. The City Council hereby adopts the following findings: a) The use is consistent with and supportive of the goals and policies of the Comprehensive Plan. The applicable goals and objectives of the Comprehensive Plan include the following: Objective #1 of the Comprehensive Plan is to provide opportunities for a variety of affordable high quality housing. Objective #2 is to maintain a choice of and encourage development of quality residential developments. Page I01 of the Comprehensive Plan addresses housing analysis. The analysis specifically states there is a gap in Prior Lake's housing in the area of newer apartment units. Similar type communities are expected to maintain 25-30% of the housing stock in apartments or multi-family dwellings. Prior Lake currently has 12.85% classified as apartments or multi-family dwellings. The addition of the proposed units would complement the goal of providing opportunities for diverse housing. b) The use will not be detrimental to the health, safety, morals and general welfare of the community as a whole. The proposed multi-family dwelling will not be detrimental to the health, safety, morals and general welfare of the community as a whole. c) The use is consistent with the intent and purpose of the Zoning Ordinance and the Use District in which the Conditional Use is located. The use requires a CLIP within the zoning district. The property is zoned R-4 Multi- family residential. The proposed site layout complies with most requirements and performance standards of the Zoning District. Minor changes to the landscaping plan and lighting plan are still required. d) The use will not have undue adverse impacts on governmental facilities, services, or improvements which are either existing or proposed. The proposed use as an apartment building will not have adverse impacts on governmental facilities or improvements. e) The use will not have undue adverse impacts on the use and enjoyment of properties in close proximity to the conditional use. The use is located adjacent to a public street and a townhouse development to the east. The proposed use will not have adverse impacts on the use and enjoyment of properties in close proximity. The landscaping and other improvements will mitigate any impact on the adjacent property. f) The use is subject to the design and other requirements of site and landscape plans prepared by or under the direction of a professional landscape architect, or civil engineer registered in the State of Minnesota, approved by the City Council and incorporated as part of the conditions imposed on the use by the City Council. r:\resoluti\planres\2002\02-118.doc Page 2 A civil engineer has prepared the plans. As noted above, with some modifications to the landscaping and lighting plans, the plans meet all requirements of the Zoning Ordinance. The landscape plan must be prepared and signed by a registered landscape architect. g) The use is subject to drainage and utility plans prepared by a professional civil engineer registered in the State of Minnesota which illustrate locations of city water, city sewer, fire hydrants, manholes, power, telephone and cable lines, natural gas mains, and other service facilities. The plans shall be included as part of the conditions set forth in the Conditional Use Permit approved by the City Council. The plans have been prepared by a civil engineer and reviewed by the City Engineering Department. Some modifications to the drainage and grading plans are required to meet City design standards; these changes will be made and reviewed by the City pr/or to approval of the building permit for this site. h) The nsc is subject to such other additional conditions which the City Council may find necessary to protect the general welfare, public safety and neighborhood character. Such additional conditions may be imposed in thosesituations where the other dimensional standards, performance standards, conditions or requirements in this Ordinance are insufficient to achieve the objectives contained in subsection 1108.202. In these circumstances, the City Council may impose restrictions and conditions on the Conditional Use Permit which are more stringent than those set forth in the Ordinance and which are consistent with the general conditions above. The additional conditions shall be set forth in the Conditional Use Permit approved by the City Council. Some revisions to the landscaping and lighting plan are required before approval of the building permit. These can be addressed through conditions imposed as part of this resolution. 3. Section 1102.703 (1) lists the specific criteria for a multi-family residential dwelling in the R- 4 district. These criteria are discussed below: a) Access shall be to a roadway identified in the Comprehensive Plan as a collector or arterial or shall be otherwise located so that access can be provided without generating significant traffic on local residential streets. The only access to this property is from Franklin Trail, which is classified as a minor collector street. b) Building lots shall contain a minimum of 400 square feet of usable open space per dwelling unit and no more than 1/2 can be located in the front yard. Forty-nme dwelling units are proposed requiring 19,600 square feet of usable open space. The site plan indicates 43,145 square feet located to the rear of the building. c) The minimum spacing between buildings shall be the average heights of the buildings. This provision is not applicable, as there is only one building proposed. d) Side and rear yards may be reduced to zero feet where dwellings are designed to share common walls. This provision is not applicable, as there is only one building proposed. r:~esoluti\planres\2002\02-118.doc Page 3 e) All buildings shall be located a minimum of 15 feet from the back of the curb line of internal private roadways or parking lots. There is no internal building setback because of the garage doors atthe lower level of the building. The ordinance did not anticipate this type of building design. A single entrance to a lower level parking area is not required to meet this setback, so the individual doors probably are also excluded from this requirement. 13 No portion of the required 20-foot road system may be used to satisfy the off-street parking requirements. The proposed internal drives are not being used for proposed parking. This requirement has been met. The Conditional Use Permit is hereby approved on the property legally described as follows: Lots 1 and 2, Block 1, BLUFF HEIGHTS ADDITION, according to the recorded plat thereof, Scott County, Minnesota. The Conditional Use Permit is hereby approved subject to the following conditions: a) Any changes required as a result of the review of the revised storm water runoff calculations must be incorporated into the site plan. b) The applicant must provide building elevations specifically identifying the proposed architectural materials. The applicant must also provide building elevations for the detached garage. The exterior materials for the garage must be compatible to the principal structure. c) Thc landscaping plan must be revised to include 2 additional trees. d) The applicant must provide an irrigation plan with the building permit. e) The lighting plan must be revised to ensure that light at the center of the parking lot along Franklin Trail does not exceed 1.0 footcandle at thc right-of-way line. f) The applicant must provide plans for the trash enclosures. The trash enclosures must be constructed of materials compatible with the materials used for the principal structure. g) The applicant must provide the necessary documents granting the City drainage and utility easements prior to issuance of a building permit. The documents must be in a form acceptable to the City Attorney. h) All issues identified in the memorandum from the Engineering Department, dated March 20, 2002 and prepared by Sue McDermott, City Engineer, the memorandum from WSB and Associates, dated June 20, 2002 and prepared by John Mackiewicz, and the memorandum from the Building Department, dated March 20, 2002 and prepared by Robert Hutchins, Building Official, must be reviewed by the Engineering and the Building Department and any required changes made to the site plan prior to issuance of a building permit. i) Upon final approval, the developer must submit two complete sets of full-scale final plans and reductions of each sheet. These plans will be stamped with the final approval information. One set will be maintained as the official CUP record. The second set will be returned to the developer for their files. r:~resoluti\planresX2002\02-118.doc Page 4 CONCLUSION Based upon the Findings set forth above, the City Council hereby grants a Conditional Use Permit for the multi-family dwelling to be known as Bluff Heights Apartments. The contents of Planning Case Files #02-026 is hereby entered into and made a part of the public record and the record of the decision for this case. Passed and adopted this 15th day of July, 2002. {Seal} YES NO Haugen X Haugen Gundlach X Gundlach LeMair X LeMair Petersen X Petersen Zieska X Zies~ka City Manager, City of Prior Lake r:\resoluti\planres\2002\02-118.doc Page 5 ASSENT OF APPLICANT File #02-026 As Approved by Resolution #02-118 The undersigned hereby assents to the following: 1. I have read the conclusions and conditions of said Resolution, and I am familiar with their contents and with the content of the exhibits. 2. I fully accept all of the terms and conditions of said Resolution. 3. I understand Section 1108.200 of the Prior Lake Ordinance Code provides as follows: 1108.211 Revocation and Cancellation of a Conditional Use Permit. A Conditional Use Permit may be revoked and canceled if the Zoning Administrator determines that the holder of an existing Conditional Use Permit has violated any of the conditions or requirements imposed as a condition to approval of the Conditional Use Permit, or has violated any other applicable laws, ordinances, or enforceable regulation. 1108.212 After One Year, No Construction Required. All Conditional Use Permits shall be revoked and canceled if 1 year has elapsed from the date of the adoption of the resolution granting the Conditional Use Permit and the holder of the Conditional Use Permit has failed to make substantial use of the premises according to the provisions contained in the Permit. 1108.213 After One Year, New Construction Required. All Conditional Use Permits shall be revoked and canceled after 1 year has elapsed from the date of the adoption of the resolution granting the Conditional Use Permit if a new structure or alteration or substantial repair of an existing building is required by the Conditional Use Permit and the holder has failed to complete the work, unless a valid building permit authorizing such work has been issued and work is progressing in an orderly way. 1108.416 Upon Occurrence of Certain Events. If the holder of a Conditional Use Permit fails to make actual use of vacant land, or land and structures which were existing when the Conditional Use Permit was issued and no new structure, alteration or substantial repair to existing buildings was required; or if a new structure was required by the Conditional Use Permit and no building permit has been obtained, the Conditional Use Permit shall be deemed revoked and canceled upon the occurrence of any of the following events: L:\O2FI LES\02cup\blu ff heights~assent. DOC l 16200 Eagle Creek Ave. S.E., Prior Lake. Minnesota 55372-1714 / Ph. (952) 447-4230 / Fax (952) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER (1) A change in the Use District for such lands is made by amendment m the Zoning Ordinance by the City Council. (2) Eminent domain proceedings have been initiated to take all or any part of the premises described in the Conditional Use Permit. (3) The use described in the Conditional Use Permit becomes an illegal activity under the laws of the United States of America or the State of Minnesota. (4) Title to all or part of land described in such Conditional Use Permit is forfeited m the State of Minnesota for nonpayment of taxes. (5) The person to whom the Conditional Use Permit was issued files a written statement in which that person states that the Conditional Use Permit has been abandoned. The statement shall describe the land involved or state the resolution number under which the Conditional Use Permit was granted. (6) The premises for which the Conditional Use Permit was issued are used by the person to whom the Conditional Use Permit was issued in a manner inconsistent with the provisions of such Conditional Use Permit. 4. I understand the granting by the City of this Resolution is in reliance on the representations that I will fully comply with all of the terms and conditions of said Resolution. I understand and agree upon notice of non-compliance with any term or condition, I shall immediately cease conducting activities pursuant to the notice.or will take all actions necessary to accomplish full compliance with said notice and conditions of the Resolution. DATE ADDRESS OF PROPERTY L:\02FILES\02cup\blu ff heights~assent. DOC 2 Original Reports L:\TE1V[PLATE~FILEINFO.DOC CITY COUNCIL AGENDA REPORT MEETING DATE: AGENDA #: PREPARED BY: AGENDA ITEM: DISCUSSION: JULY 15, 2002 9B JANE KANSIER, PLANNING COORDINATOR CONSIDER APPROVAL OF A RESOLUTION APPROVING THE CONDITIONAL USE PERMIT FOR A 49-UNIT MULTI- FAMILY DWELLING, KNOWN AS BLUFF HEIGHTS APARTMENTS, IN THE R-4 ZONING DISTRICT (CASE FILE #02-026) History: BluffHeights Apartments, Limited Partnership, represented by Gregory McClenahan, has filed an application for a Conditional Use Permit (CLIP) to allow a multifamily dwelling on the property located on the north side of Franklin Trail, east of TH 13 and west of BluffHeights Trail. The property is zoned R-4 (High Density Residential) and is guided as R-HD (Urban High Density) on the Comprehensive Land Use Plan Map. Multi-family dwellings require a CUP within the R-4 Zoning District. The Planning Commission considered this request at a public hearing on May 13, 2002. The staffand the Planning Commission identified several issues pertaining to this development. The Planning Commission tabled the item to allow the developer the opportunity to address the outstanding issues. On June 10, 2002 the Planning Commission considered the revised plans. The Commission recommended approval of this application subject to conditions. A copy of the minutes of the May 13, 2002 and June 10, 2002 Planning Commission meetings are attached to this report. Current Circumstances: The total site consists of 3,62 acres. The net area of this site, less wetlands, is 2.67 acres. Access to the site is from Franklin Trail, on the south side of the site. This property is designated for High Density Residential uses on the 2020 Comprehensive Plan Land Use Map, and is zoned R-4 (High Density Residential). The R-4 district permits a maximttm density of 30 units per acre. l:\02files\02cup\bluff heights\bluff cc.doc Page i 16200 Ea§le Creek Ave. S.E., Prior Lake. Minnesota 55372-1714 / Ph. (952) 447-4230 / Fax (952) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER Densi .ty: The revised plan proposes 49 units on a total of 2.67 net acres. The overall density proposed in this plan is 18.35 units per acre. Building Style: The proposed plan calls for 3-story building. Included within the building are 5 one-bedroom apartments, 31 two- bedroom units and 13 three-bedroom units. The building will also include some community facilities, possibly including a community room, game room, exercise room and/or laundry room. There will be one interior garage and one exterior parking space for each milt. The interior garage spaces are located on part of the first level of the building, and within a detached garage. Setbacks: Required setbacks in the R-4 district are as follows: Required Proposed From 30' or building height, whichever is 35' greater Side 15' + 2" per linear foot of building 35' wall length over 50' I Rear 25' 140' ' Detached No closer to the front lot line than 35' Garage the front building wall (42') Parking (front) Same as building 35' Driveway 5' 5' The principal structure meets the setback requirements of the R-4 district. The detached garage must be setback at least 42' from the front lot line in order to meet the required setback. Also, in order to meet all setback requirements, no parking will be permitted in front of the garage doors in the building at any time. Lot Coverage: The R-4 district allows a maximum ground floor area of 0.35. The ground floor area proposed in this plan is 0.16. Parking: Parking for multifamily housing is required at a rate of 2 spaces per unit. This development requires a minimum of 98 parking spaces. The proposal provides a total of 98 spaces, with 43 parking spaces in the building, 7 spaces within the detached garage and 48 surface spaces. Landscaping: Section 1107.1900 lists the landscaping requirements for developments of this type. Perimeter landscaping for this development is required at a rate of 1 tree per unit or 1 tree per 40' feet of perimeter, whichever is greater. In this case, a minimum of 49 trees must be provided. The revised landscaping plan submitted by the developer still requires some modifications to meet the required 1:\02files\02cup\bluff heights\bluff cc.doc Page 2 number of trees. The plan also notes that an irrigation system will be provided. Tree Replacement: The applicant has submitted an inventory identifying 177.5 caliper inches of significant trees on the site. Based on the grading plan, the proposal removes 74.5 caliper inches, or 41.9% for grading purposes. The Zoning Ordinance allows removal of 25% of the significant caliper inches. Any removal above the 25% must be replaced at a rate of ½" caliper inch per 1 inch removed. In this case, 15 caliper inches, or 6 trees (2.5 caliper inches each) must be replaced. The landscaping plan identifies the required replacement trees. Signs: This site plan includes one freestanding monument sign, located at the west entrance to the site. This sign is consistent with the sign requirements of the Zoning Ordinance. Lighting: The applicant has submitted a plan identifying the location of light poles within the parking lot. According to the plan, most of the lights comply with the maximum footcandles at the property line. Only one light, that standard located at the center of the parking lot along Franklin Trail exceeds 1.0 footcandles at the right-of-way line. This light must be removed or shielded in some manner so it will not exceed that standard. Storm Sewer: The developer has submitted storm water calculations meeting the requirements of the City Public Works Design Manual. The City has determined that the design meets all City requirements. The Issues: The proposed Conditional Use Permit should be reviewed in accordance with the criteria found in Section 1108 of the City Code and Section 1102.703. Section 1102.703 is the provision within the R- 4 requirements relating to specific conditions for multi-family dwellings. The criteria are discussed on the following pages. Ci~ Code 1102.703 Uses Permitted With A Conditional Use Permit 1. Multiple Family Dwellings. Conditions: a. Access shall be to a roadway identified in the Comprehensive Plan as a collector or arterial or shall be otherwise located so that access can be provided without generating significant traffic on local residential streets. The only access to this property is from Franklin Trail, which is classified as a minor collector street. l:\02files\02cup\bluff heights\bluff cc.doc Page 3 b. Building lots shall contain a minimum of 400 square feet of usable open space per dwelling unit and no more than 1/2 can be located in the front yard. Forty-nine dwelling units arc proposed requiring 19,600 square feet of usable open space. The site plan indicates 43,145 square feet located to the rear of the building. c. The minimum spacing between buildings shall be the average heights of the buildings. This provision is not applicable, as there is only one building proposed. d. Side and rear yards may be reduced to zero feet where dwellings are designed to share common walls. This provision is not applicable, as there is only one building proposed. e. All buildings shall be located a minimum of 15 feet from the back of the curb line of internal private roadways or parking lots. There is no internal building setback because of the garage doors at the lower level of the building. The ordinance did not anticipate this type of building design. A single entrance to a lower level parking area is not required to meet this setback, so the individual doors probably are also excluded from this requirement. f. No portion of the required 20-foot road system may be used to satisfy the off-street parking requirements. The proposed internal drives are not being used for proposed parking. This requirement has been met. Section 1108.200 of the City Code sets forth the criteria for approval of a CUP. (1) The use is consistent with and supportive of the goals and policies of the Comprehensive Plan. Thc applicable goals and objectives of the Comprehensive Plan include the following: Objective #1 of the Comprehensive Plan is to provide opportunities for a variety of affordable high quality housing. Objective #2 is to maintain a choice of and encourage development of quality residential developments. Page 101 of the Comprehensive Plan addresses housing analysis. The analysis specifically states there is a gap in Prior Lake's housing in the area of newer apartment units. Similar type communities are expected to maintain 25-30% of the housing stock l:\02files\02cup\bluff heights\bluff ce.doc Page 4 in apartments or multi-family dwellings. Prior Lake currently has 12.85% classified as apartments or multi-family dwellings. The addition of the proposed units would complement the goal of providing opportunities for diverse housing. (2) The use will not be detrimental to the health, safety, morals and general welfare of the eommnnity as a whole. The proposed multi-family dwelling will not be detrimental to the health, safety, morals and general welfare of the community as a whole. O) The use is consistent with the intent and purpose of the Zoning Ordinance and the Use District in which the Conditional Use is located. The use requires a CUP within the zoning district. The property is zoned R-4 Multi-family residential. The proposed site layout complies with most requirements and performance standards of the Zoning District. Minor changes to the landscaping plan and lighting plan are still required. (4) The use will not have undue adverse impacts on governmental facilities, services, or improvements which are either existing or proposed. The proposed use as an apartment building will not have adverse impacts on governmental facilities or improvements. (5) The use will not have undue adverse impacts on the use and enjoyment of properties in close proximity to the conditional use. The use is located adjacent to a public street and a townhouse development to the east. The proposed use will not have adverse impacts on the use and enjoyment of properties in close proximity. The landscaping plan and other improvements to the site will mitigate any impact on the adjacent property. (6) The use is subject to the design and other requirements of site and landscape plans prepared by or under the direction of a professional landscape architect, or civil engineer registered in the State of Minnesota, approved by the City Council and incorporated as part of the conditions imposed on the use by the City Council. A civil engineer has prepared the plans. As noted above, with some modifications, the plans meet all requirements of the Zoning Ordinance. The landscape plan must be prepared and signed by a registered landscape architect. (7) The use is subject to drainage and utility plans prepared by a professional civil engineer registered in the State of Minnesota l:\02files\02cup\bluff heights\bluff cc.doc Page 5 (8) which illustrate locations of city water, city sewer, fire hydrants, manholes, power, telephone and cable lines, natural gas mains, and other service facilities. The plans shall be included as part of the conditions set forth in the Conditional Use Permit approved by the City Council. The plans have been prepared by a civil engineer and reviewed by the City Engineering Department. Some modifications are required, and will be made prior to approval of the final plat for this site. The use is subject to such other additional conditions which the City Council may find necessary to protect the general welfare, public safety and neighborhood character. Such additional conditions may be imposed in those situations where the other dimensional standards, performance standards, conditions or requirements in this Ordinance are insufficient to achieve the objectives contained in subsection 1108.202. In these circumstances, the City Council may impose restrictions and conditions on the Conditional Use Permit which are more stringent than those set forth in the Ordinance and which are consistent with the general conditions above. The additional conditions shall be set forth in the Conditional Use Permit approved by the City Council. Some revisions to the plan are required before approval of the building permit. Most of these can be addressed through conditions imposed as part of the resolution approving the CUP. Conclusion: The Planning Commission also concluded the proposal met the requirements for a conditional use permit. The Planning Commission recommended approval of the conditional use permit subject to the following conditions: 1) Any changes required as a result of the review of the revised storm water runoff calculations must be incorporated into the site plan. 2) The applicant must provide building elevations specifically identifying the proposed architectural materials. The applicant must also provide building elevations for the detached garage. The exterior materials for the garage must be compatible to the principal structure. 3) The landscaping plan must be revised to include 2 additional trees. 4) The applicant must provide an irrigation plan with the building permit. 5) The lighting plan must be revised to ensure that light at the center of the parking lot along Franklin Trail does not exceed 1.0 footcandle at the right-of-way line. l:\02files\O2cup\bluff heights\bluff cc.doc Page 6 6) The applicant must provide plans for the trash enclosures. The trash enclosures must be constructed of materials compatible with the materials used for the principal structure. 7) The applicant must provide the necessary documents granting the City drainage and utility easements prior to issuance of a building permit. The documents must be in a form acceptable to the City Attorney. 8) All issues identified in the memorandum from the Engineering Department, dated March 20, 2002 and prepared by Sue McDermott, City Engineer, the memorandum from WSB and Associates, dated June 20, 2002 and prepared by John Mackiewicz, and the memorandum from the Building Department, dated March 20, 2002 and prepared by Robert Hutchins, Building Official, must be reviewed by the Engineering and the Building Department and any required changes made to the site plan prior to issuance of a building permit. FISCAL IMPACT: ALTERNATIVES: RECOMMENDED MOTION: REVIEWED BY: Rudoopt [m. nnot. The construction of new dwelling units will provide additional tax base to the City. The City Council has three alternatives: 1. Adopt a resolution approving the Conditional Use Permit for this development subject to the listed conditions, with the finding that the CUP is consistent with the intent and purpose of the Comprehensive Plan and the Zoning and Subdivision Ordinances. 2. Deny the Conditional Use Permit on the basis it is inconsistent with the purpose and intent of the Zoning and Subdivision Ordinances and/or the Comprehensive Plan. In this case, the Council should direct the staff to prepare a resolution with findings of fact for the denial of these requests. 3. Defer consideration of this item for specific reasons. Staff recommends alternative #1. The following motion is required: 1. A motion and second to approve a resolution approving the io~ermit, subject to the listed conditions. Frank B l~Ci~ Manager 1:\02files\02cup\bluff heights\bluff cc.doc Page 7 CONDITIONAL USE PERMIT RESOLUTION 02-XX APPROVING A CONDITIONAL USE PERMIT TO DEVELOP A 49-UNIT MULTI- FAMILY RESIDENTIAL BUILDING TO BE KNOWN AS "BLUFF HEIGHTS APARTMENTS" MOTION BY: SECOND BY: WHEREAS, WHEREAS, WlIEREAS, WHEREAS, WHEREAS, WHEREAS, The Prior Lake Planning Commission conducted a public hearing on May 13, 2002, to consider an application from Bluff Heights Apartments, Limited Parmership for a Conditional Use Permit (CUP) for a 49-unit multi-family dwelling to be known as Bluff Heights Apartments; and Notice of the public hearing on said CUP was duly published in accordance with the applicable Prior Lake Ordinances; and The Prior Lake Planning Commission continued the public hearing to June 10, 2002; and The Planning Commission proceeded to hear all persons interested in this CUP and persons interested were afforded the opportunity to present their views and objections related to the CUP of Bluff Heights Apartments; and The Planning Commission recommended the City Council approve the CUP with specific conditions; and The City Council considered the CUP application for Bluff Heights Apartments at its regular meeting on July 15, 2002; and The City Council finds the CUP for Bluff Heights Apartments in harmony with both existing and proposed development in the area surrounding the project; and The City Council finds the proposed CUP 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 meets the criteria for approval of CUP as contained in Section 1108.202 of the Zoning Ordinance. NOW THEREFORE, BE IT RESOLVED BY TIlE CITY COUNCIL OF PRIOR LAKE: l:\02files\02cup\bluffheights\cup res.doc Page 1 16200 Ea§le Creek Ave. S.E., Prior Lake, Minnesota 55372 1714 / Ph. (952) 447-4230 / Fax (952) 447-4245 The recitals set forth above are incorporated herein. The City Council hereby adopts the following findings: a) The use is consistent with and supportive of the goals and policies of the Comprehensive Plan. The applicable goals and objectives of the Comprehensive Plan include the following: Objective #1 of the Comprehensive Plan is to provide opportunities for a variety of affordable high quality housing. Objective #2 is to maintain a choice of and encourage development of quality residential developments. Page 101 of the Comprehensive Plan addresses housing analysis. The analysis specifically states there is a gap in Prior Lake's housing in the area of newer apartment units. Similar type communities are expected to maintain 25-30% of the housing stock in apartments or multi-family dwellings. Prior Lake currently has 12.85% classified as apartments or multi-family dwellings. The addition of the proposed units would complement the goal of providing opportunities for diverse housing. b) The use will not be detrimental to the health, safety, morals and general welfare of the community as a whole. The proposed multi-family dwelling will not be detrimental to the health, safety, morals and general welfare of the community as a whole. c) The use is consistent with the intent and purpose of the Zoning Ordinance and the Use District in which the Conditional Use is located. The use requires a CUP within the zoning district. The property is zoned R-4 Multi- family residential. The proposed site layout complies with most requirements and performance standards of the Zoning District. Minor changes to the landscaping plan and lighting plan are still required. d) The use will not have undue adverse impacts on governmental facilities, services, or improvements which are either existing or proposed. The proposed use as an apartment building will not have adverse impacts on governmental facilities or improvements. e) The use will not have undue adverse impacts on the use and enjoyment of properties in close proximity to the conditional use. The use is located adjacent to a public street and a townhouse development to the east. The proposed use will not have adverse impacts on the use and enjoyment of properties in close proximity. The landscaping and other improvements will mitigate any impact on the adjacent property. f) The use is subject to the design and other requirements of site and landscape plans prepared by or under the direction of a professional landscape architect, or civil engineer registered in the State of Minnesota, approved by the City Council and incorporated as part of the conditions imposed on the use by the City Council. l:\02files\02cup\bluffheights\cup res.doc Page 2 A civil engineer has prepared the plans. As noted above, with some modifications to the landscaping and lighting plans, the plans meet all requirements of the Zoning Ordinance. The landscape plan must be prepared and signed by a registered landscape architect. g) The nsc is subject to drainage and utility plans prepared by a professional civil engineer registered in the State of Minnesota which illustrate locations of city water, city sewer, fire hydrants, manholes, power, telephone and cable lines, natural gas mains, and other service facilities. The plans shall be included as part of the conditions set forth in the Conditional IJse Permit approved by the City Council. The plans have been prepared by a civil engineer and reviewed by the City Engineering Department. Some modifications to the drainage and grading plans are required to meet City design standards; these changes will be made and reviewed by the City prior to approval of the building permit for this site. h) The use is subject to such other additional conditions which the City Council may find necessary to protect the general welfare, public safety and neighborhood character, suer additional conditions may be imposed in those situations where the other dimensional standards, performance standards, conditions or requirements in this Ordinance are insufficient to achieve the objectives contained in subsection 1108.202. In these circumstances, the City Council may impose restrictions and conditions on the Conditional Use Permit which are more stringent than those set forth in the Ordinance and which are consistent with the general conditions above. The additional conditions shall be set forth in the Conditional lJse Permit approved by the City Council. Some revisions to the landscaping and lighting plan are required before approval of the building permit. These can be addressed through conditions imposed as part of this resolution. Section 1102.703 (1) lists the specific criteria for a multi-family residential dwelling in the R-4 district. These criteria are discussed below: a) Access shall be to a roadway identified in the Comprehensive Plan as a collector or arterial or shall be otherwise located so that access can be provided without generating significant traffic on local residential streets. The only access to this property is from Franklin Trail, which is classified as a minor collector street. b) Building lots shall contain a minimum of 400 square feet of usable open space per dwelling ualt and no more than 1/2 eau be located in the front yard. Forty-nine dwelling units are proposed requiring 19,600 square feet of usable open space. The site plan indicates 43,145 square feet located to the rear of the building. e) The minimum spacing between buildings shall be the average heights of the buildings. This provision is not applicable, as there is only one building proposed. d) Side and rear yards may be reduced to zero feet where dwellings are designed to share common walls. This provision is not applicable, as there is only one building proposed. l:\02files\02cup\bluff heights\cup res.doc Page 3 e) AIl buildings shall be located a minimum of 15 feet from the back of the curb line of internal private roadways or parking lots. There is no internal building setback because of the garage doors at the lower level of the building. The ordinance did not anticipate this type of building design. A single entrance to a lower level parking area is not required to meet this setback, so the individual doors probably are also excluded from this requirement. f) No portion of the required 20-foot road system may be used to satisfy the off-street parking requirements. The proposed internal drives are not being used for proposed parking. This requirement has been met. The Conditional Use Permit is hereby approved on the property legally described as follows: Lots 1 and 2, Block 1, BLUFF HEIGHTS ADDITION, according to the recorded plat thereof, Scott County, Minnesota. The Conditional Use Permit is hereby approved subject to the following conditions: a) Any changes required as a result of the review of the revised storm water runoff calculations must be incorporated into the site plan. b) The applicant must provide building elevations specifically identifying the proposed architectural materials. The applicant must also provide building elevations for the detached garage. The exterior materials for the garage must be compatible to the principal structure. c) The landscaping plan must be revised to include 2 additional trees. d) The applicant must provide an irrigation plan with the building permit. e) The lighting plan must be revised to ensure that light at the center of the parking lot along Franklin Trail does not exceed 1.0 footcandle at the right-of-way line. 0 The applicant must provide plans for the trash enclosures. The trash enclosures must be constructed of materials compatible with the materials used for the principal structure. g) The applicant must provide the necessary documents granting the City drainage and utility easements prior to issuance of a building permit. The documents must be in a form acceptable to the City Attorney. h) All issues identified in the memorandum from the Engineering Department, dated March 20, 2002 and prepared by Sue McDermott, City Engineer, the memorandum from WSB and Associates, dated June 20, 2002 and prepared by John Mackiewicz, and the memorandum from the Building Department, dated March 20, 2002 and prepared by Robert Hutchins, Building Official, must be reviewed by the Engineering and the Building Department and any required changes made to the site plan prior to issuance of a building permit. i) Upon final approval, the developer must submit two complete sets of full-scale final plans and reductions of each sheet. These plans will be stamped with the final approval information. One set will be maintained as the official CUP record. The second set will be returned to the developer for their files. l:\02files\02cup\bluff heights\cup res.doc Page 4 CONCLUSION Based upon the Findings set forth above, the City Council hereby grants a Conditional Use Permit for the multi-family dwelling to be known as Bluff Heights Apartments. The contents of Planning Case Files #02-026 is hereby entered into and made a part of the public record and the record of the decision for this case. Passed and adopted this 15th day of July, 2002. YES NO Haugen Haugen Gundlach Gundlach LeMair LeMair Petersen Petersen Zieska Zieska {Seal} City Manager, City of Prior Lake 1:\02files\02cup\bluffheights\cup res.doc Page 5 Location Map rdale N 400 0 400 Feet BLUFF HEIGHTS APARTMENTS Introduction Bluff Heights Apartments will be a 49-unit rental apartment complex located in the northeast comer of the intersection of Franklin Trail and Highway 13 in Prior Lake, Minnesota. 39 units will be financed by federal tax credits and private or state-sponsored financing. The other 10 units will be owned by Scott County HRA and operated as public housing. The development is designed to provide housing to one to five-person families with incomes between $20,000 and $50,000, for whom there are limited housing alternatives. Other neighboring land uses include retail, commercial, multi-family and single family neighborhoods. The apartment complex will provide visual appeal, community atmosphere and outdoor recreational and leisure opportunities. Physical Development The property will consist of a three-story apartment complex. The 49-unit mix will consist of 8 one-bedroom units (700 sq. ft.), 28 two-bedroom units (850 sq. ft.) and 13 three-bedroom units (!,050 sq. ft.). Three of the units will be handicap accessible. Scott County HRA will own 10 units. The building common area will have an open element from ground floor to second floor and consist of a manager's office on the first floor and some combination of community/exercise/game/laundry rooms on the second and tied floors. One private garage and one surface parking space will be provided per unit. There will be a resident manager/caretaker. Unit density will be approximately 18 units per developable acre. The property is zoned for 30 units per acre and contains 2.69 developable acres. An additional .95 acres contains a regional storm water pond and the land surrounding the pond is available for use by the tenants. The exterior will be maintenance-free siding and 60% class I materials. The units will have separate heating and cooling systems. All units will have standard kitchen appliances, plus dishwasher. A separate dining area will be provided. Each unit will have a balcony or patio area. Tenants will pay gas and electric utilities. The owner will provide garbage service and water and sewer. A central laundry will be located on the second floor. Site amenities include an age-appropriate play area and walking paths throughout the undeveloped area in the rear of the property. The grounds will be appropriately enhanced by shrubs, deciduous and evergreen trees, perennial and annual flowering plants and landscaping medium. Location The apartment complex will be located on approximately 3.62 acres of open land. which also contains a regional storm water holding pond (.95 acres). The site is adjacent to a 3-story professional building (west) and owner-occupied four-plexes (east). An apartment complex is located across Fra,nklin Trail to the south. A wetlands abut~ the property to the north. There are similar multi-family uses in the proximate area. The apartment complex will provide a to the west. The location permits direct access to Highway 13. Tenant Profile Prospective tenant households' incomes must fall below the following limits: Household size Income* 1 $31,380 2 $35,880 3 $40,320 4 $44,820 5 $48,420 6 $52,020 Maximum rents*, exclusive of estimated tenant-paid utilities, are as follows: I Bedroom Unit 2 Bedroom Unit 3 Bedroom Unit $625-651 $772-794 $887-917 Tenants must also satisfy background checks regarding criminal activity and credit and landlord-tenant history. The apartmem complex will provide affordable housing opportunities for low and moderate income families. Tenants may continue to live at Bluff Heights AparUnents after their incomes exceed the initial income guidelines, but it is anticipated many tenant households will move to single-family homes in Prior Lake and the surrounding area. * effective as of November 1, 2001 Narrative.wpd 2 DESCRIPTION OF SITE AND SURROUNDING LAND USES The proposed site is zoned R4, which allows up to 30 units per acre. The 3.62 acre, rectangular site surrounds a storm water drainage pond, which occupies a .95 acre easement, yielding 2.67 developable acres. The proposed site layout surrounds the pond and utilizes the pond and undeveloped northeast portion of the property as a site amenity and nature resource. The site rises gradually from the water level of the drainage pond. The building pad elevation will be established sufficiently above the pond 100 year high water mark. The site is lightly to moderately wooded with small to medium-sized softwood trees. The building footprint has been located in such a fashion so as to satisfy various setbacks from the perimeter boundaries and interior easement boundaries and to minimize proximity to less desirable soils near the drain pond and former drainage swale that diagonally crossed a portion of the property. Extensive soil analysis has been performed. The property is located in an area containing a mix of land uses within a 500 foot radius, including owner-occupied and rental multifamily residences, single family residences, a medical clinic, a gas station, a two-story professional building and a veterinary clinic. All the surrounding buildings and businesses are well maintained and provide a pleasant neighborhood. The proposed development is similar in character to and compatible with the multiple surrounding uses. Desc~ptionSit¢.Surwunding. LandUse.wpd LJ.I " ~L II From: chd$1( To: Greg McClenahan Date; 513012002 Time: 11:07:00 AM Page I of 1 elopmelht.r~-~.~ '] ,,':',I/ o ,il,', ITo: Greg McClenahan IFax #: 19528946421 JCompany: Evergreeen Real Estate ISubject: Bluff Heights ISent: 05~30~2002 at 11:06:58 AM MESSAGE: From: chrisk I Fax #: 320-252-0992 IITel #: 320-252-2528 IPages: 1 (including cover) I I I Greg: Here are the calculations for the Exterior Finishes for the 49 Unit Bluff Heights Apartment Building in Prior Lake. Total Exterior Wall Square Footage (Including detached garages): 39,651.75 Square Feet Total Area of Class I Finishes (Brick, Stucco, Glass): 25,369.25 Square Feet Total Area of Non-Class I Finishes (Vinyl Siding, Garage Doors): 14,282.5 Square Feet Percenatage of Class I Exterior Finishes: 25,369.25 S.F. / 39,651.75 S.F. = 63.98 % Please let me know if you need any additional information. Chris Koepp WinFax PRO Cover Page Nar' 29 02 !!:3,~a I~. I.~.S. '~63-533-?~98 p.2 83/28/2882 11:38 6516533575 ELEMENTS INC P~GE 82/82 i / / · MemOrandum DATE: March 20, 2002 TO: Jane Kansier, Planning Coordinator FROM: Sue McDermott, City Engineer RE: Bluff Heights (Project #02-36) The Engineering Department has reviewed the subject preliminary plat and has the following comments: 1. The plans must show the two driveway entrances to be installed using a concrete apron per MnDOT standard plate no. 7035K. 2. The height of the proposed retaining wall near the northwest corner of the proposed building must be shown on the plans. 3. Note that the existing storm manhole located northeast of the proposed basketball court is to be adjusted to grade (approx. +2.0') in accordance with City standards. 4. Hydrant spacing must conform with the Public Works Design Manual. 5. Proposed slopes around the existing pond exceed 4:1. 6. Proposed retaining walls are located within easements. Attached is an additional memorandum prepared by WSB & Associates addressing WCA comments and storm water/~ading. Let me know if you have any questions. G:\~P ROJECTS'~ 002~36blu ffhts~KEVIE W 1 .DOC WSB & A~so~iat~, Inc. Memorandum Date: Re: Sue McDermott, P.E., City Engineer City of Prior Lake John MacMewicz, Water Resource Specialist WSB & Associates, Inc. June 10, 2002 Review of Bluff Heights Development Plans WSB Project No. 1450-03 As requested, we have completed the review of the supplemental hydrologic information dated June 3, 2002. Based on our review, we offer the following comments: Hydrologic/Hydraulic. Water Quality. and Grading Comments Based on Item 4.26 in the Public Works Design Manual, 3-foot sumps must be constructed as the last structure which is road accessible prior to discharge to any water body. This would apply to Manholes #2 and #8. These structures should be changed on the plans. 2. Please provide stage storage information for the pond below the pond outlet. 3. The distance between structure 7 and the pond outlet should be maximized in order to provide as much treatment as possible. This concludes our review of the Bluff Heights Development plan. If you have any questions or need additional information, please feel free to call me at (763)287-7194. c. Dave Hutton, P.E., WSB Memorandum DATE: March 20, 2002 TO: Jane Kansier, Planner FROM: Robert D. Hutchins, Building Official RE: Site plan review for BluffHeights Following are the results of the preliminary Site plan review for the Bluff Heights building. Our review was based on the Minnesota State Building Code (MSBC) which adopted with amendments the 1997 Uniform Building Code (UBC) with handicap regulations of the Minnesota Accessibility Code Chapter I341. Also requirements of the 1998 Minnesota State Fire Code (MSFC) which adopted with amendments the 1997 Uniform Fire Code (UFC). 1. Complete a Building Code analysis. UBC Chapter 5. Include the following: a. Occupancy Classification. Note: If Garages designated as S-3, provide a 3-hour occupancy separation between R-1. If designated as U-I, provide 2-hour area separation every 3000 s.f. from floor to roof deck. UBC Table 3-B and UBC 312.2.2. b. Type of Construction. c. Location on Property. d. Allowable Floor Area. Note: a NFPA 13 system is required for fire department concerns. e. Height and Number of stories. f. Exiting. 2. Structural engineer to design retaining walls over 4'-0" in height. 3. Relocate the site fire hydrant south to the West peninsula by the West drive entrance. 4. Provide a Post Indicator Valve (PIV) on sprinkler supply line into buildings. Locate a minimum distance away the height of the building. 5. Provide fire lanes for fire apparatus response. Signage to read:" No Parking Fire Lane by order of Fire Department". Indicate on Site plan. Locate by Fire Hydrant and East parking lot and North Parking lot. UFC 1001.7.1. 6. If provided, indicate means of lawn irrigation. May use separate service and metering for billin~ purposes. 7. Siamese connection and enunciator panels to be located by front entrance. The following are building plan comments: 8. Submit signed architectural, structural plans and a Certificate of Survey before building permit. Submit signed H-VAC, plumbing, fire/smoke alarm, emergency lighting/exit signs and sprinkler plans. May be submitted at a later date. 9. Provide detail of lawn spdnlder service stub valve and back_How prevention details. 10. Provide HI)CP signage details. 1 I. All Units not HDCP accessible must be HDCP adaptable and on a I-tDCP accessible route. MSBC 1341 Table 16.2 12. Provide two parking spaces for commuter van. MSBC 1300.4100. 13. Submit Energy Envelope Calculations. IVl2q Energy Code 7670.0100 14. Submit a soils report. 15. An S.A.C. determination must be completed by the Metropolitan Waste Control Commission. Contact ~/ody Edwards at 651.602.1113. 16. Provide testing documentation indicating that exterior and interior walls, elevator walls, corridor floors, floor trusses/joists, and roof truss construction meets One hour fire resistive construction. UBC 703. 17. Provide documentation listing that construction (floors and walls) meets Sound Transmission Control ratings, bBC Appendix Chapter 12. 18. Submit the Structural Engineers requirements for Special Inspections bBC I701.5. 19. One hour fire-rated Elevator Lobbies required. An elevator lobby must be separated from a corridor. UBC 1004.3.4.5 20. Stairways and landscaped area must be in Rated Shafts. Two floors are allowed to be open to each other. UBC 711.3 or an Atrium must be provided as per UBC 402. 21. Interior family rooms must be furnished with natural light, bBC 1203.2 22. Ventilation for the building must meet UBC chapter 12. Provide 15 CFM of ventilation per occupant in the corridor. 23. State of Minnesota Building Codes and Standards Division must inspect Elevator. MSBC 1307.0035. 24. Provide a Class III standpipe in each stairway. UBC 904.5.3 25. Provide fire extinguishers minimum 2Al 0BC rated, within 75 feet travel distance of all areas. UTC 1002. 26. Automatic garage doors to comply with State of Minnesota Statutes. MSBC 1300.5900 27. Post occupant load sign in Party Rooms. UBC 1007.2.6. 28. Provide maneuvering clearances and landings at the top and bottom of ramp in I--IDCP garages. MSBC 1341..0442 Subpart 6 29. Garage service doors must not swing over the step. UBC 1003.3.1.6 Exception 1.1 This is a preliminary review only on conceptual plans. Other code items will be addressed when the preliminary plans are submitted. The building plans must be reviewed by the Cities Developmental Review Committee (DRC) which consists of representatives of Planning, Engineering, Parks, Finance, and Building Departments. The DRC must approve the site plans before a building permit can be issued. Planning Commission Meeting May 13, 2002 5. Public Hearings: Commissioner Stamson read the public hearing statement. A. Case//02-026: Bluff Heights Apartments is requesting a Conditional Use Permit to develop a 49-unit apartment building on 3.62 acres of vacant land located on the north side of Franklin Trail, east of Highway 13 and west of Bluff Heights Trail. Planning Coordinator Jane Kansier presented the Planning Report dated May 13, 2002, on file in the office of the City Planning Department. Bluff Heights Apartments, Limited Partnership, represented by Gregory McClenahan, has filed an application for a Conditional Use Permit (CUP) to allow a multifamily dwelling on the property located on the north side of Franklin Trail, east of TH 13 and west of BluffHeights Trail. The plan proposes 49 units on a total of 3.62 acres. The property is zoned R-4 (High Density Residential) and is guided as R-HD (Urban High Density) on the Comprehensive Land Use Plan Map. Multi-family dwellings require a CUP within the R-4 Zoning District. Staff recommended the Planning Commission continue this matter and direct the developer to provide the necessary additional information. In order to allow the developer time to submit this information, and the staffthe time to review it, the item should be continued to June 10, 2002. Atwood questioned buffer yards. Kansier explained the differences between B & C bufferyards and briefly explained screening requirements. Criego questioned the allocation for parks or playgrounds. Kansier said the land is not being platted and therefore not required. The applicant does show a small playground and a trail around the pond. Comments from the public: Applicant Greg McClenahan, representing Bluff Heights Apartments, said he does not have any problems with continuing the matter to June 10, as they are working on staff's conditions. The City Engineer is reviewing the storm water plans. The plan was to satisfy the 60% exterior materials requirements. McClenahan explained they were looking into a part stucco and brick building material, landscaping and bufferyard, lighting, garage setback and park requirements. Criego questioned if there was adequate space for children in the development. McClenahan said it was similar to other projects he has built in Scott County. He felt the project was family oriented with a demographic of 1.9 children per household. There L:\02FILES\02planning comm\02pc minutes~VIN051302.doc 2 Planning Commission Meeting May 13, 2002 would be a game room, tot lot, pedestrian path and picnic shelter on the property. He felt they have done a fair job in addressing the recreation area for children. Irene Mangan, 4810 Bluff Heights Trail, stated her major concem is the population of the building, Another concern is the drainage runoff. The area already has several existing wet areas. She questioned who will take responsibility for the problems. Mangan pointed out the drainage from this project numing into their parking lot. Safety is an issue with the busy comer and heavy traffic. Walter Hriber, 4818 Franklin Trail, said a big issue is the existing water problems. The project needs to be tiled. Another concern is to have the developer install a fence to keep the kids from running into their property. Greg McClenahan said they did hold an informational meeting and discussed putting up a fence along the boundaries and they would be more than willing to do so. He also addressed the neighbor's drainage concerns. The hearing was closed at 7:00 p.m. Comments from the Commissioners: Criego questioned Kansier on the existing water problems on the adjacent parcel Kansier explained the City is concerned with runoff problems. Ringstad said the drainage concerns are legitimate. The engineering department can address this issue at the next meeting. MOTION BY RINGSTAD, SECOND BY CRIEGO, TO CONTINUE THE MATTER TO JUNE 10, 2002. Vote taken indicated ayes by all. MOTION CARRIED. B. Case #02-045.~h_amrock Devel.opment is,~uesting an Amendment to the Comprehensive Pla.n .to .~n. ge the des,gnation~rom Community Retail Shopping (C-CC) to Residential - HI~ Density (RHD.~r the vacant land located on the west side of CSAH 83, south of C~2 ~th of The Wilds. Planning Coordinator Jane Kansier ~l~rented the Planning Report dated May 13, 2002, on file in the office of the City~n~artment. Shamrock Development has, ed an applical%~ for a Comprehensive Plan Amendment for the property located o]~l~ae south side of CSnI~ 42, east of CSAH 83 and north of The Wilds. The proposal is~amend the 2020 Compi~ensive Plan Land Use Map fi.om the current C-CC (Comn~ity Retail Shopping) designll~n to the R-HD (High Density Residential) designll'ion on approximately 20 acres of'~cant land. L:\02FILES\02planning comm~02pcminutes~V[N051302.doc 3 PLANNING COMMISSION MINUTES MONDAY, JUNE 10, 2002 1. Call to Order: Chairman Stamson called the June 10, 2002, Planning Commission meeting to order at 6:30 p.m. Those present were Commissioners Atwood, Lemke, Ringstad and Stamson, Planning Coordinator Jane Kansier, City Engineer Sue McDermott and Recording Secretary Connie Carlson. 2. Roll Call: Atwood Present Criego Absent Lemke Present Ringstad Present Stamson Present 3. Approval of Minutes: Correction on Page 3, last sentence in the 8th paragraph - change Stamson to Stanton. The Minutes from the May 28, 2002, Pla~'mg Commission meeting were approved as amended. 4. Consent: None 5. Public Hearings: None 6. Old Business: A. Case #02-026: (Continued) Bluff Heights Apartments is requesting a Conditional Use Permit to develop a 49-unit apartment building on 3.62 acres of vacant land located on the north side of Franklin Trail, east of Highway 13 and west of Bluff Heights Trail. Planning Coordinator Jane Kansier presented the Planning Report dated June 10, 2002, on file in the office of the City Planning Department. The Planning Commission reviewed this application at a public hearing on May 13, 2002. The Commission concluded there were too many unresolved issues at that time, and continued the hearing to this date. Bluff Heights Apartments, Limited Partnership, represented by Gregory McClenahan, has filed an application for a Conditional Use Permit (CUP) to allow a multifamily dwelling on the property located on the north side of Franklin Trail, east of TH 13 and west of Bluff Heights Trail. The property is zoned R-4 (High Density Residential) and is guided L:\O2FILES\O2planning comm\02peminutes~lN061002.doc 1 Planning Commission Meeting June 10. 2002 as R-HD (Urban High Density) on the Comprehensive Land Use Plan Map. Multi-family dwellings require a CUP within the R-4 Zoning District. Based on the information submitted so far, staff would recommend approval of the site plan with the following conditions: 1. Any changes required as a result of the review of the revised storm water runoff calculations must be incorporated into the site plan. 2. The applicant must provide building elevations specifically identifying the proposed architectural materials. The applicant must also provide building elevations for the detached garage. The exterior materials for the garage must be compatible to the principal structure. 3. The landscaping plan must be revised to include 2 additional trees. 4. The applicant must provide an irrigation plan with the building permit. 5. The lighting plan must be revised to ensure that light at the center of the parking lot along Franklin Trail does not exceed 1.0 footcandle at the right-of-way line. 6. The must provide plans for the trash enclosures. The trash enclosures must be constructed of materials compatible with the materials used for the principal structure. 7. The applicant must provide the necessary documents granting the City drainage and utility easements prior to issuance of a building permit. 8. All issues identified in the memorandum from the Engineering Department and the Building Department must be reviewed and any required changes made to the site plan prior to issuance of a building permit. There were originally 9 items. Item//8 regarding the wetland permits had been addressed. Comments from the public: Applicant, Greg McClenahan, felt all the issues had been addressed. McClenahan briefly explained the walking trail and preserving two trees; the elevations; slight interior layout changes; and the lighting by the road will be changed to meet the codes. There were no other comments from the public. Comments from the Commissioners: Ringstad: · The building is zoned appropriately and the concerns from the prior meeting have been addressed. · Approve. L:~02FlLES\02planning comm\02pcminuteshMN061002 .doc 2 Planning Commission Meeting June 10, 2002 Atwood: · Agreed with staff's reconm~endation. Lemke: · Agreed, the plan meets all the requirements for the Conditional Use. Stamson: · All concerns and issues have been addressed. Move forward. MOTION BY ATWOOD, SECOND BY RINGSTAD, RECOMMENDING CITY COUNCIL APPROVE THE CONDITIONAL USE PERMIT WITH THE LISTED CONDITIONS IN THE PLANNING REPORT WITH THE EXCEPTION OF ITEM NUMBER 8. Vote taken indicated ayes by all. MOTION CARRIED. This item will go before the City Council on June 15, 2002. 7. Business: Planning : Jane Kansier · on file in the office City Planning Department. The City of the City Council. on riparian lots that have a Planning expand the definition on all riparian lots, regardless of~ the slope accessory structures. dated June 10, 2002, Staff has discussed this issue with reasonable, as long as all in compliance. Comments lers: Lemke: · Questioned if a was. Stamson: · Discussed Commission at the request water-oriented accessory structure The question before the the Ordinance should be amended to , structure and to allow these structures and has concluded this type of use is shoreland and flood plain ordinances are foundation was part Kansier said it flat lots it is not have a structure 10 feet from the lake. cluttering the shoreline. h to ask for 25 feet. Not not be attractive L:~02FILES\02planning comm\02pcminutes~lN061002.doc 3 PLANNING REPORT AGENDA ITEM: SUBJECT: APPLICANT: PRESENTER: PUBLIC HEARING: DATE: 5A PUBLIC HEARING TO CONSIDER A CONDITIONAL USE PERMIT TO ALLOW A MULTI-FAMILY DWELLING IN THE R-4 ZONING DISTRICT (CASE FILE #02-026) BLUFF HEIGHTS APARTMENTS, LIMITED PARTNERSHIP JANE KANSIER, PLANNING COORDINATOR X YES NO-N/A MAY 13, 2002 INTRODUCTION: Bluff Heights Apartments, Limited Pannership, represemed by Gregory McClenahan, has filed an application for a Conditional Use Permit (CLIP) to allow a multifamily dwelling on the property located on the north side of Franklin Trail, east of TH 13 and west of Bluff Heights Trail. The property is zoned R-4 (High Density Residential) and is guided as R-HD (Urban High Density) on the Comprehensive Land Use Plan Map. Multi-family dwellings require a CLIP within the R-4 Zoning District. SITE CHARACTERISTICS: Zoning: This property is zoned R-4 (High Density Residential). Adjacent Land Use, Zoning and Comprehensive Plan Designation: To the north of this property is vacant land, zoned R-4, and designated for High Density Residential uses. To the west of this property are two commercial buildings, including an office building and animal clinic, zoned C-4 and planned for Community Retail Shopping uses. To the east is a townhouse development, zoned R-4 and planned for High Density Residential USES. Access: This property is accessed from Franklin Trail. Density.: The plan proposes 49 units on a total of 3.62 acres, or on 2.67 net acres. The maximum density permitted for this use is 30 units per acm. The overall density proposed in this plan is 18.35 rots per acre. 1:\02files\02cup\bluff heights\bluff pc.doc 1 16200 Ea§le Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (952) 447-4230 / Fax (952) 447-424S AN EQUAL OPPORTUNITY EMPLOYER Ground Floor Area Ratio: Maximum coverage is .35. The footprint of the building is 25,987 square feet. The result is a .16 ground floor area ratio. Building S.Wle: The proposed plan calls for 3-story building. Included within the building are 5 one-bedroom apartments, 31 two-bedroom units and 13 three-bedroom units. The building will also include some community facilities, possibly including a community room, game room, exercise room and/or laundry room. There will be one interior garage and one exterior parking space for each unit. The interior garage spaces are located on part of the first level of the building, and within a detached garage. Setbacks: Required setbacks in the R-4 district are as follows: Required Proposed Front 30' or building height, whichever is 35' greater Side 15' + 2" per linear foot of building wall 35' length over 50' Rear 25' 140' Detached Garage No closer to the front lot line than the 35' front building wall (42') Parking (front) Same as building 35' Driveway 5' 5' The principal structure meets the setback requirements of the R-4 district. The detached garage must be setback at least 42' from the front lot line in order to meet the required setback. Also, in order to meet all setback requirements, no parking will be permitted in front of the garage doors in the building at any time. Height: The proposed building height does not exceed 35 feet. Architectural Materials: The Zoning Ordinance requires a minimum of 60% of the exterior of a building consist of Class I materials, such as glass, brick or stucco. The building elevations do not identify the exterior materials proposed for this bnilding. The exterior materials of the detached garage must be compatible to the materials used on the principal structure. Parking: Parking for multifamily housing is required at a rate of 2 spaces per unit. This development requires a minimum of 98 parking spaces. The proposal provides a total of 102 spaces, with 43 parking spaces in the building, 7 spaces within the detached garage and 52 surface spaces. Landscaping: Section 1107.1900 lists the landscaping requirements for this development. Perimeter landscaping for this development is required at a rate of 1 tree l:\02files\02cup\bluff heights\bluff pc.doc per unit or 1 tree per 40' feet of perimeter, whichever is greater. In this case, a minimum of 49 trees must be provided. The landscaping plan submitted by the developer does not meet the minimum requirements, either in the number of trees or in the variety of sizes required. A total of 50 trees are shown on the landscaping plan. Eighteen of the trees are ornamental trees (1 ~/4"). The Zoning Ordinance allows the substitution of ornamental trees for full-size trees at a ratio of 2 ornamental trees for 1 canopy tree. Based on this formula, the number of trees proposed on the site is 41 trees. The plan also does not indicate whether an irrigation system will be provided. A registered landscape architect must also sign the plan. The landscaping plan does not include any of the required bufferyards. A bufferyard type "C" is required along the north and east property lines, where the parking lot is adjacent to existing or future residential development. A bufferyard type "B" is required along the front property line. Finally, the parking lot along the west property line must be screened. Required bufferyard landscaping is over and above the required perimeter trees. Tree Replacement: The applicant has submitted an inventory identifying 177.5 caliper inches of significant trees on the site. Based on the grading plan, the proposal removes 74.5 caliper inches, or 41.9% for grading purposes. The Zoning Ordinance allows removal of 25% of the significant caliper inches. Any removal above the 25% must be replaced at a rate of lA" caliper inch per 1 inch removed. In this case, 15 caliper inches, or 6 trees (2.5 caliper inches each) must be replaced. The landscaping plan does not identify any replacement trees. Signs: This site plan includes one freestanding monument sign, located at the west entrance to the site. This sign is consistent with the sign requirements of the Zoning Ordinance. Lighting: The applicant has submitted a plan identifying the location of light poles within the parking lot. However, a lighting distribution plan identifying the footcandles at the property line has not been submitted. A maximum of 0.5 foot-candles on the property line abutting residential and 1.0-foot candles abutting right-of-way is permitted. Storm Water Runoff: The applicant has submitted storm water runoff calculations; however, the information included within these calculations was not adequate to determine if the proposed system will work properly. Additional information is required before this system can be evaluated. Engineering issues: Attached is a memorandum dated March 20, 2002 from City Engineer Sue McDermott, outlining several issues to be addressed. Some can be addressed prior to the building permit stage; however, others, such as the wetland delineation and runoff issues, must be addressed before any approval. l:\02files\02cup\bluff height\bluff pc.doc 3 Building Code Issues: Attached is a memorandum dated March 20, 2002 fi.om Building Official Robert Hutch/ns. Most of these issues can be addressed at the building permit stage. Some may require revisions to the site plan. REVIEW PROCESS: The proposed Conditional Use Permit should be reviewed in accordance with the criteria found in Section 1108 of the City Code and Section 1102.703. Section 1102.703 is the provision within the R-4 requirements relating to specific conditions for multi-family dwellings. The criteria are discussed on the following pages. Ci~. Code 1102.703 Uses Permitted With A Conditional Use Permit (1) Multiple Family Dwellings. Conditions: a. Access shall be to a roadway identified in the Comprehensive Plan as a collector or arterial or shall be otherwise located so that access can be provided without generating significant traffic on local residential streets. The only access to this property is fi.om Franklin Trail, which is classified as a minor collector street. b. Building lots shall contain a minimum of 400 square feet of usable open space per dwelling unit and no more than 1/2 can be located in the front yard. Forty-nine dwelling units are proposed requiring 19,600 square feet of usable open space. The site plan indicates 43,145 square feet located to the rear of the building. c. The minimum spacing between buildings shall be the average heights of the buildings. This provision is not applicable, as there is only one building proposed. d. Side and rear yards may be reduced to zero feet where dwellings are designed to share common walls. This provision is not applicable, as there is only one building proposed. e. All buildings shall be located a minimum of 15 feet from the back of the curb line of internal private roadways or parking lots. There is no internal building setback because of the garage doors at the lower level of the building. The ordinance did not anticipate this type of building design. A single entrance to a lower level parking area is not required to meet this setback, so the individual doors probably are also excluded from this requirement. f. No portion of the required 20-foot road system may be used to satisfy the off- street parking requirements. The proposed internal drives are not being used for proposed parking. This requirement has been met. l:\02files\02cup\bluff heights\bluff pc.doc 4 CONDITIONAL USE PERMIT (CUP) ANALYSIS: Section 1108.200 of the City Code sets forth the criteria for approval of a CUP. (1) The use is consistent with and supportive of the goals and policies of the Comprehensive Plan. The applicable goals and objectives of the Comprehensive Plan include the following: Objective #1 of the Comprehensive Plan is to provide opportunities for a variety of affordable high quality housing. Objective #2 is to maintain a choice of and encourage development of quality residential developments. Page 101 of the Comprehensive Plan addresses housing analysis. The analysis specifically states there is a gap in Prior Lake's housing in the area of newer apartment units. Similar type commtmities are expected to maintain 25-30% of the housing stock in apartments or multi-family dwellings. Prior Lake currently has 12.85% classified as apartments or multi-family dwellings. The addition of the proposed units would complement the goal of providing opportunities for diverse housing. (2) The use will not be detrimental to the health, safety, morals and general welfare of the community as a whole. The proposed multi-family dwelling will not be detrimental to the health, safety, morals and general welfare of the community as a whole. However, there are still some issues that must be addressed before this plan can be approved. (3) The use is consistent with the intent and purpose of the Zoning Ordinance and the Use District in which the Conditional Use is located. The use requires a CUP within the zoning district. The property is zoned R-4 Multi- family residential. The proposed site layout complies with some of the requirements and performance standards of the Zoning District. However, there are still plan changes that must be made before the CUP can be approved. (4) The use will not have undue adverse impacts on governmental facilities, services, or improvements, which are either existing or proposed. The proposed use as an apartment building will not have adverse impacts on governmental facilities or improvements. The storm water runoff plan must be revised before an adequate analysis can be completed. (5) The use will not have undue adverse impacts on the use and enjoyment of properties in close proximity to the conditional use. The use is located adjacent to a public street and a townlhouse development to the east. The proposed use will not have adverse impacts on the use and enjoyment of properties in close proximity. However, the storm water runoff plan must be revised before an adequate analysis can be completed. 1:\02files\02cup\bluff heights\bluff pc.doc 5 (6) The use is subject to the design and other requirements of site and landscape plans prepared by or under the direction of a professional landscape architect, or civil engineer registered in the State of Minnesota, approved by the City Council and incorporated as part of the conditions imposed on the use by the City Council. Several revisions are required before this plan meets the requirements of the Zoning Ordinance. (7) The use is subject to drainage and utility plans prepared by a professional civil engineer registered in the State of Minnesota which illustrate locations of city water, city sewer, fire hydrants, manholes, power, telephone and cable lines, natural gas mains, and other service facilities. The plans shall be included as part of the conditions set forth in the CUP approved by the City Council. A professional registered engineer prepared the drainage and utility plans. Additional information is still required. (8) The use is subject to such other additional conditions which the City Council may find necessary to protect the general welfare, public safety and neighborhood character. Such additional conditions may be imposed in those situations where the other dimensional standards, performance standards, conditions or requirements in this Ordinance are insufficient to achieve the objectives contained in subsection 1108.202. In these circumstances, the City Council may impose restrictions and conditions on the CUP which are more stringent than those set forth in the Ordinance and which are consistent with the general conditions above. The additional conditions shall be set forth in the CUP approved by the City Council. Several plan revisions are required before the staff can determine whether additional conditions must be imposed. CONCLUSION At this time there are several significant issues to be resolved before the plan can move forward. These include: 1. Storm water runoff calculations must be resubmitted and reviewed by the City. 2. The applicant must specifically identify the proposed architectural materials, and how these materials will meet the ordinance requirements. 3. The landscaping plan must be revised to meet the ordinance requirements, including bufferyards, tree replacement and perimeter landscaping. An irrigation plan must also be submitted. 4. A lighting distribution plan must be submitted. l:\02files\02cup\bluff heights\bluff pc.doc 6 The issued identified in the memorandum from the Engineering Department and the Building Department must be reviewed and any required changes made to the site plan. ALTERNATIVES: 1. Recommend the City Council approve the CUP with conditions as recommended or any other conditions the Planning Commission feels are warranted. 2. Recommend denial of the request. In this case, the Planning Commission should be specific about findings of fact. 3. Continue the request to a specific date and direct the developer to provide the necessary additional information. RECOMMENDATION: The staffrecommends alternative #3. There are too many unresolved issues, listed above, that may result in significant changes to the design. The plan is not ready to proceed at this time. ACTION REQUIRED: Motion and second to continue the public heating and direct the developer to submit new information addressing the issues listed in this report. In order to allow the developer time to submit this information, and the staff the time to review it, the item should be continued to June 10, 2002. 1:\02files\02cup\bluff heights\bluff pc.doc 7 Location Map / rdale all 4O0 0 400 Feet BLUFF HEIGHTS APARTMENTS Introduction Bluff Heights Apartments will be a 49-unit rental apartment complex located in the northeast corner of the intersection of Franklin Trail and Highway 13 in Prior Lake, Minnesota. 39 units will be fmanced by federal tax credits and private or state-sponsored financing. The other 10 units will be owned by Scott County HRA and operated as public housing. The development is designed to provide housing to one to five-person families with incomes between $20,000 and $50,000, for whom there are limited housing alternatives. Other neighboring land uses include retail, commercial, multi-family and single family neighborhoods. The apartment complex will provide visual appeal, community atmosphere and outdoor recreational and leisure opportunities. Physical Develooment The property will consist of a three-story apartment complex. The 49-unit mix will consist of 8 one-bedroom units (700 sq. ft.), 28 two-bedroom units (850 sq. ft.) and 13 three-bedroom units (1,050 sq. ft.). Three of the units will be handicap accessible. Scott County HRA will own 10 units. The building common area will have an open element from ground floor to second floor and consist of a manager's office on the first floor and some combination of community/exercise/game/laundry rooms on the second and third floors. One private garage and one surface parking space will be provided per unit. There will be a resident manager/caretaker. Unit density will be approximately 18 units per developable acre. The property is zoned for 30 units per acre and contains 2.69 developable acres. An additional .95 acres contains a regional storm water pond and the land surrounding the pond is available for use by the tenants. The exterior will be maintenance-free siding and 60% class I materials. The units will have separate heating and cooling systems. All units will have standard kitchen appliances, plus dishwasher. A separate dining area will be provided. Each unit will have a balcony or patio area. Tenants will pay gas and electric utilities. The owner will provide garbage service and water and sewer. A central laundry will be located on the second floor. Site amenities include an age-appropriate play area and walking paths throughout the undeveloped area in the rear of the property. The grounds will be appropriately enhanced by shrubs, deciduous and evergreen trees, perennial and annual flowering plants and landscaping medium. Location The apartment complex will be located on approximately 3.62 acres of open land, which also contains a regional storm water holding pond (.95 acres). The site is adjacent to a 3-story professional building (west) and owner-occupied four-plexes (east). An apartment complex is located across Fra,nklin Trail to the south. A wetlands abuts the property to the north. There are similar multi-family uses in the proximate area. The apartment complex will provide a to the west. The location permits direct access to Highway 13. Tenant Profile Prospective tenant households' incomes must fall below the following limits: Household size Income* 1 $31,380 2 $35,880 3 $40,320 4 $44,820 5 $48,420 6 $52,020 Maximum rems*, exclusive of estimated tenam-paid utilities, are as follows: 1 Bedroom Unit 2 Bedroom Unit 3 Bedroom Unit $625-651 $772-794 $887-917 Tenants must also satisfy background checks regarding criminal activity and credit and landlord-tenant history. The apartment complex will provide affordable housing opportunities for low and moderate income families. Tenants may continue to live at Bluff Heights Apadanents after their incomes exceed the initial income guidelines, but it is anticipated many tenant households will move to single-family homes in Prior Lake and the surrounding area. * effective as of November 1, 2001 Narrative.wpd DESCRIPTION OF SITE AND SURROUNDING LAND USES The proposed site is zoned R-4, which allows up to 30 units per acre. The 3.62 acre, rectangular site surrounds a storm water drainage pond, which occupies a .95 acre easement, yielding 2.67 developable acres. The proposed site layout surrounds the pond and utilizes the pond and undeveloped northeast portion of the property as a site amenity and nature resource. The site rises gradually from the water level of the drainage pond. The building pad elevation will be established sufficiently above the pond 100 year high water mark. The site is lightly to moderately wooded with small to medium-sized softwood trees. The building footprint has been located in such a fashion so as to satisfy various setbacks from the perimeter boundaries and interior easement boundaries and to minimize proximity to less desirable soils near the drain pond and former drainage swale that diagonally crossed a portion of the property. Extensive soil analysis has been performed. The property is located in an area containing a mix of land uses within a 500 foot radius, including owner-occupied and rental multifamily residences, single family residences, a medical clinic, a gas station, a two-story professional building and a veterinary clinic. All the surrounding buildings and businesses are well maintained and provide a pleasant neighborhood. The proposed development is similar in character to and compatible with the multiple surrounding uses. DescrptionSite. Surrounding. LandUse.wpd :, ~l !Ii !J!. ,!, I: ,11 hll Ji , MaP 28 02 11:34a R.I.M.S. 763-533-72~8 p.2 03/20/2002 i1~.38 6516533575 ELEMENTS INC p~GE 82/~2 / / 9NII]RSNOO OHS(IO~8 \ 8G:II ~00~/~0/~0 DATE: March 20, 2002 TO: Jane Kansier, Planning Coordinator FROM: Sue McDermott, City Engineer ~\ RE: Bluff Heights (Project #02-36) The Engineering Department has reviewed the subject preliminar~ plat and has the following comments: 1. The plans must show the two driveway entrances to be installed using a concrete apron per MnDOT standard plate no. 7035K. 2. The height of the proposed retaining wall near the northwest corner of the proposed building must be shown on the plans. 3. Note that the existing storm manhole located northeast of the proposed basketball court is to be adjusted to grade (approx. +2.0') in accordance with City standards. 4. Hydrant spacing must conform with the Public Works Design Manual. 5. Proposed slopes around the existing pond exceed 4:1. 6. Proposed retaining walls are located within easements. Attached is an additional memorandum prepared by WSB & Associates addressing WCA comments and storm water/grading. Let me know if you have any questions. G:kPROJECTSk2002\36bluffhtskREVIEW 1 .DOC & ~r, so~t~, Inc. Memorandum F~om: Date: Re: Sue McDermott, P.E., City Engineer City of Prior Lake Andi Moffatt, Biologist WSB & Associates, Inc. March 15, 2002 Review of Bluff Heights Development Plans WSB Project No. 1430-03 As requested, we have completed our water resource review of the Bluff Heights Development Plans dated February 22, 2002. Based on our review, we offer the following comments: Wetland Conservation Act Review Comments 1. The development proposes to fill 225 sfofwetland. This wetland was delineated as part of the Timber Crest Development. It is anticipated that this fill will be exempt under the de minimis of the Wetland Conservation Act (WCA). Application for exemption should be provided by the developer. It is our understanding that the wetland delineation has not been reviewed by the City. We recommend this delineation be reviewed as soon as the weather conditions allow. This review can be completed by WSB. The developer does not necessarily need to be present for this review unless questions are raised during the delineation review. Item 1.26 of the Prior Lake Public Design Manual states that a 30-foot average buffer (minimum of 20 feet) needs to be maintained around the perimeter of all wetlands. This buffer with associated monumentation needs to be added to the plans. Hydrologic/Hydraulic, Water Qualitv~ and Grading Comments 1. The existing and proposed hydrologic/hydraulic calculations for 2, 10 and 100 year storms should be provided by the developer. This should show the sizing of pipes, ponds, emergency overflow spillways, and catch basin interception analysis. 2. The existing and proposed drainage boundaries need to be included with the plans. Sue McDermott, P.E. March 15, 2002 Additional information should be provided fi.om the City regarding the current storm sewer drainage to the regional pond. The existing information on the plan sheets does not correspond to the City's Local Surface Water Management Plan. We can further review the capacity of this system once this information is obtained from the City. 4. Based on Item 4.26 in the Public Works Design Manual, 3-foot sumps must be constructed as the last structure which is road accessible prior to discharge to any water body. This would apply to Manholes #2 and #8. These structures should be changed on the plans. 5. It is recommended that the minimum parking lot grade should be 1%. 6. The retaining wall that is proposed west of the pond should be designed by an engineer and include a fence at the top. These details should be provided for review. 7. The overflow drainage for the parking area adjacent to Franklin Trail should be redirected east onto the parcel rather than overflow onto Franklin Trail. 8. The overflow &a'mage for the west parking area should be redirected east to the pond rather than overflow outside the parcel. 9. The 2' contours a minimum of 200 feet beyond the property boundary in accordance with the city's 2002 Public Works Design Manual must be shown on the plans. 10. Sheet 5 states that 1.2 acre-feet of floodplain will be filled and 1.32 acre-feet of floodplain storage will be created. Details regarding the floodplain fill and mitigation calculations associated with volumes shown on Sheet 5 must be provided. 11. A transition detail from B612 curb to B618 curb at catch basins should be provided by the developer. 12. A skimmer structure should be used at the outlet of the pond. This concludes our review of the Bluff Heights Development plan. If you have any questions or need additional information, please feel free to call me at (763)287-7196. c. Dave Hutton, P.E., WSB G:lPROJECTSI2002136bluf/htslwsbreview. doc Memorandum DATE: TO: FROM: RE: March 20, 2002 Jane Kansier, Planner Robert D. Hutchins, Building Official Site plan review for Bluff Heights Following are the results of the preliminary Site plan review for the Bluff Heights building. Our review was based on the Minnesota State Building Code (MSBC) which adopted with amendments the 1997 Uniform Building Code (UBC) with handicap regulations of the Minnesota Accessibility Code Chapter 1341. Also requirements of the 1998 Minnesota State Fire Code (MSFC) which adopted with amendments the 1997 Uniform Fire Code CuTC). 1. Complete a Building Code analysis. UBC Chapter 5. Include the following: a. Occupancy Classification. Note: If Garages designated as S-3, provide a 3-hour occupancy separation between R-1. If designated as U-I, provide 2-hour area separation every 3000 s.f. from floor to roof deck. UBC Table 3-B and UBC 312.2.2. b. Type of Construction. c. Location on Property. d. Allowable Floor Area. Note: a NFPA 13 system is required for fire department concerns. e. Height and Number of stories. f. Exiting. 2. Structural engineer to design retaining walls over 4'-0" in height. 3. Relocate the site fire hydrant south to the West peninsula by the West drive entrance. 4. Provide a Post Indicator Valve (PIV) on sprinkler supply line into buildings. Locate a minimum distance away the height of the building. 5. Provide fire lanes for fire apparatus response. Signage to read:" No Parking Fire Lane by order of Fire Department". Indicate on Site plan. Locate by Fire Hydrant and East parking lot and North Parking lot. UFC 1001.7.1. 6. If provided, indicate means of lawn irrigation. May use separate service and metering for billing purposes. 7. Siamese connection and enunciator panels to be located by fi'ont entrance. The following are building plan comments: 8. Submit signed architectural, structural plans and a Certificate of Survey before building permit. Submit signed HVAC, plumbing, fire/smoke alarm, emergency lighting/exit signs and sprinkler plans. May be submitted at a later date. 9. Provide detail of lawn sprinkler service stub valve and backflow prevention details. 10. Provide HDCP signage details. 11. All Units not HDCP accessible must be HDCP adaptable and on a HDCP accessible rome. MSBC 1341 Table 16.2 12. Provide two parking spaces for commuter van. MSBC 1300.4100. 13. Submit Energy Envelope Calculations. MN Energy Code 7670.0100 14. Submit a soils report. 15. An S.A.C. determination must be completed by the Metropolitan Waste Control Commission. Contact Jody Edwards at 651.602.1113. 16. Provide testing documentation indicating that exterior and interior walls, elevator walls, corridor floors, floor trusses/joists, and roof truss construction meets One hour fire resistive construction. UBC 703. 17. Provide documentation listing that construction (floors and walls) meets Sound Transmission Control ratings. UBC Appendix Chapter 12. 18. Submit the Structural Engineers requirements for Special Inspections UBC 1701.5. 19. One hour fire-rated Elevator Lobbies required. An elevator lobby must be separated fi.om a corridor. UBC 1004.3.4.5 20. Stairways and landscaped area must be in Rated Shafts. Two floors are allowed to be open to each other. UBC 711.3 or an Atrium must be provided as per UBC 402. 21. Interior family rooms must be furnished with natural light. UBC 1203.2 22. Ventilation for the building must meet UBC chapter 12. Provide 15 CFM of ventilation per occupant in the corridor. 23. State of Minnesota Building Codes and Standards Division must inspect Elevator. MSBC 1307.0035. 24. Provide a Class III standpipe in each stairway. UBC 904.5.3 25. Provide fire extinguishers minimum 2A10BC rated, within 75 feet travel distance of all areas. LrFC 1002. 26. Automatic garage doors to comply with State of Minnesota Statutes. MSBC 1300.5900 27. Post occupant load sign in Party Rooms. UBC 1007.2.6. 28. Provide maneuvering clearances and landings at the top and bottom of ramp in HDCP garages. MSBC 1341..0442 Subpart 6 29. Garage service doors must not swing over the step. UBC 1003.3.1.6 Exception 1.1 This is a preliminary review only on conceptual plans. Other code items will be addressed when the preliminary plans are submitted. The building plans must be reviewed by the Cities Developmental Review Committee (DRC) which consists of representatives of Planning, Engineering, Parks, Finance, and Building Departments. The DRC must approve the site plans before a building permit can be issued. PLANNING REPORT AGENDA ITEM: SUBJECT: APPLICANT: PRESENTER: PUBLIC HEARING: DATE: 6A CONTINUED PUBLIC HEARING TO CONSIDER A CONDITIONAL USE PERMIT TO ALLOW A MULTI- FAMILY DWELLING IN THE R-4 ZONING DISTRICT (CASE FILE #02-026) BLUFF HEIGHTS APARTMENTS, LIMITED PARTNERSHIP JANE KANSIER, PLANNING COORDINATOR X YES NO-N/A JUNE 10, 2002 INTRODUCTION: Bluff Heights Apartments, Limited Partnership, represented by Gregory McClenahan, has filed an application for a Conditional Use Permit (CUP) to allow a multifamily dwelling on the property located on the north side of Franklin Trail, east of TH 13 and west of Bluff Heights Trail. The property is zoned R-4 (High Density Residential) and is guided as R-HD (Urban High Density) on the Comprehensive Land Use Plan Map. Multi-family dwellings require a CLIP within the R-4 Zoning District. The Planning Commission reviewed this application at a public heating on May 13, 2002. The Commission concluded there were too many unresolved issues at that time, and continued the hearing to this date. DISCUSSION: The Commission directed the developer to address five issues. Each of these issues and the response submitted is listed below. 1. Storm water runoff calculations must be resubmitted and reviewed by the City. The applicant submitted revised plans at 4:30 pm on Friday, May 31't. This has not allowed the staff enough time to review the information before writing this report. We hope to have additional information available for the Planning Commission at the meeting. 2. The applicant must specifically identify the proposed architectural materials, and how these materials will meet the ordinance requirements. l:\02files\02cup\bluff heights\bluff pc2.doc I 16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (952) 447-4230 / Fax (952) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER The applicant submitted the attached written description of the building materials and the percentage of Class I. According to this submittal, the exterior of the building will be finished with brick, stucco, glass and vinyl siding. The total area of Class I materials is 63.98 percent. While this appears to meet the Zoning Ordinance requirement, the applicant must provide a building elevation identifying the exterior materials. 3. The landscaping plan must be revised to meet the ordinance requirements, including bufferyards, tree replacement and perimeter landscaping. An irrigation plan must also be submitted. The landscaping plan has been revised; however, the plan still does not meet all Ordinance requirements. The plan includes credit for 11 existing trees. Based on the grading plan, however, only 9 of these trees will be saved. Therefore, the plan must include 2 additional trees. The plan has been revised to include the required bufferyards and replacement trees. The plan also notes an irrigation system will be revised. The changes to the landscaping plan required some revisions to the parking lot. The applicant also added two trash enclosures. These changes eliminated 4 parking spaces; however, the plan still includes 98 parking spaces, or 2 per unit, which is consistent with the Zoning Ordinance requirement. 4. A lighting distribution plan must be submitted. The applicant has submitted a lighting distribution plan. According to the plan, most of the lights comply with the maximum footcandles at the property line. Only one light, that standard located at the center of the parking lot along Franklin Trail exceeds 1.0 footcandles at the right-of-way line. This light must be removed or shielded in some manner so it will not exceed that standard. 5. The issues identified in the memorandum from the Engineering Department and the Building Department must be reviewed and any required changes made to the site plan. The revised plans are still under review to determine if the major items have been met. The Building Department comments can be addressed at the building permit stage. REVIEW PROCESS: The proposed Conditional Use Permit should be reviewed in accordance with the criteria found in Section 1108 of the City Code and Section 1102.703. Section 1102.703 is the provision within the R-4 requirements relating to specific conditions for multi-family dwellings. The criteria are discussed on the following pages. Ci~. Code 1102.703 Uses Permitted With .4 Conditional Use Permit (1) Multiple Family Dwellings. Conditions: l:\02files\02cup\bluff heights\bluff pc2.doc 2 a. Access shall be to a roadway identified in the Comprehensive Plan as a collector or arterial or shah be otherwise located so that access can be provided without generating significant traffic on local residential streets. The only access to this property is from Franklin Trail, which is classified as a minor collector street. b. Building lots shall contain a minimum of 400 square feet of usable open space per dwelling unit and no more than 1/2 can be located in the front yard. Forty-uine dwelling units are proposed requiring 19,600 square feet of usable open space. The site plan indicates 43,145 square feet located to the rear of the building. c. The minimum spacing between buildings shall be the average heights of the buildings. This provision is not applicable, as there is only one building proposed. d. Side and rear yards may be reduced to zero feet where dwellings are designed to share common walls. This provision is not applicable, as there is only one building proposed. e. All buildings shall be located a minimum of 15 feet from the back of the curb line of internal private roadways or parking lots. There is no internal building setback because of the garage doors at the lower level of the building. The ordinance did not anticipate this type of building design. A single entrance to a lower level parking area is not required to meet this setback, so the individual doors probably are also excluded from this requirement. f. No portion of the required 20-foot road system may be used to satisfy the off- street parking requirements. The proposed internal drives are not being used for proposed parking. This requirement has been met. CONDITIONAL USE PERMIT (CUP) ANALYSIS: Section 1108.200 of the City Code sets forth the criteria for approval of a CLIP. (1) The use is consistent with and supportive of the goals and policies of the Comprehensive Plan. The applicable goals and objectives of the Comprehensive Plan include the following: Objective #1 of the Comprehensive Plan is to provide opportunities for a variety of affordable high quality housing. Objective #2 is to maintain a choice of and encourage development of quality residential developments. Page 101 of the Comprehensive Plan addresses housing analysis. The analysis specifically states there is a gap in Prior Lake's housing in the area of newer apartment units. Similar type communities are expected to maintain 25-30% of the 1:\02files\02cup\bluff heighlz\bluff pc2.doc 3 housing stock in apartments or multi-family dwellings. Prior Lake currently has 12.85% classified as apartments or multi-family dwellings. The addition of the proposed units would complement the goal of providing opportunities for diverse housing. (2) The use will not be detrimental to the health, safety, morals and general welfare of the community as a whole. The proposed multi-family dwelling will not be detrimental to the health, safety, morals and general welfare of the community as a whole. (3) The use is consistent with the intent and purpose of the Zoning Ordinance and the Use District in which the Conditional Use is located. The use requires a CLIP within the zoning district. The property is zoned R-4 Multi- family residential. The proposed site layout complies with most requirements and performance standards of the Zoning District. Minor changes to the landscaping plan and lighting plan are still required. Also, the applicant will be required to submit some additional information to ensure that all requirements are met. (4) The use will not have undue adverse impacts on governmental facilities, services, or improvements, which are eRher existing or proposed. The proposed use as an apartment building will not have adverse impacts on governmental facilities or improvements. The questions about storm water runoff must be addressed before an adequate analysis can be completed. (5) The use will not have undue adverse impacts on the use and enjoyment of properties in close proximity to the conditional use. The use is located adjacent to a public street and a townhouse development to the east. The proposed use will not have adverse impacts on the use and enjoyment of properties in close proximity. However, the storm water nmoff issues must be addressed before an adequate analysis can be completed. (6) The use is subject to the design and other requirements of site and landscape plans prepared by or under the direction of a professional landscape architect, or civil engineer registered in the State of Minnesota, approved by the City Council and incorporated as part of the conditions imposed on the use by the City Council. Several revisions are required before this plan meets the requirements of the Zoning Ordinance. (7) The use is subject to drainage and utility plans prepared by a professional civil engineer registered in the State of Minnesota which illustrate locations of city water, city sewer, fire hydrants, manholes, power, telephone and cable lines, natural gas mains, and other service facilities. The plans shall be included as part of the conditions set forth in the CUP approved by the City Council. A professional registered engineer prepared the drainage and utility plans. Additional information is still required. l:\02files\02cup\bluff heights\bluff pc2.doc 4 (8) The use is subject to such other additional conditions which the City Council may find necessary to protect the general welfare, public safety and neighborhood character. Such additional conditions may be imposed in those situations where the other dimensional standards, performance standards, conditions or requirements in this Ordinance are insufficient to achieve the objectives contained in subsection 1108.202. In these circumstances, the City Council may impose restrictions and conditions on the CUP which are more stringent than those set forth in the Ordinance and which are consistent with the general conditions above. The additional conditions shall be set forth in the CUP approved by the City Council. Some revisions to the plan are required before final approval of this CUP. Most of these can be addressed through conditions. CONCLUSION Any definitive conclusion on this plan requires the complete review of the revised storm water runoff calculations and other materials. The staff hopes to have this review completed by the meeting. Based on the information submitted so far, staff would recommend approval of the site plan with the following conditions: 1. Any changes required as a result of the review of the revised storm water runoff calculations must be incorporated into the site plan. 2. The applicant must provide building elevations specifically identifying the proposed architectural materials. The applicant must also provide building elevations for the detached garage. The exterior materials for the garage must be compatible to the principal structure. 3. The landscaping plan must be revised to include 2 additional trees. 4. The applicant must provide an irrigation plan with the building permit. 5. The lighting plan must be revised to ensure that light at the center of the parking lot along Franklin Trail does not exceed 1.0 footcandle at the right-of-way line. 6. The must provide plans for the trash enclosures. The trash enclosures must be constructed of materials compatible with the materials used for the principal structure. 7. The applicant must provide the necessary documents granting the City drainage and utility easements prior to issuance of a building permit. 8. The applicant must submit and receive approval of all necessary wetland applications prior to issuance of a building permit. 1:\02files\02cup\bluff heights\blu ff pc2.doc 5 9. All issues identified in the memorandum from the Engineering Department and the Building Department must be reviewed and any required changes made to the site plan prior to issuance of a building permit. ALTERNATIVES: 1. Recommend the City Council approve the CLIP with conditions as recommended or any other conditions the Planning Commission feels are warranted. 2. Recommend denial of the request. In this case, the Planning Commission should be specific about findings of fact. 3. Continue the request to a specific date and direct the developer to provide the necessary additional information. RECOMMENDATION: The staff recommends alternative #1 at this time. If necessary, the staff will revise this recommendation, or changes to the conditions, based upon the completion of our review of the revised plans. ACTION REQUIRED: Motion and second to recommend the City Council approve the CUP subject to the listed conditions. l:\02files\02cup\bluff heights\bluff pc2.doc 6 From; chdsk To: Greg McClenahan Date: 5~30~2002 Time: 11:07:00 AM Page 1 of 1 elopme t 379 . 2 ITo: Greg McClenahan J Fax #: 19528946421 .... IIFrom: chrisk IlFax #: 320-252-0992 ISent: 05~30~2002 at 11:06:58 AM MESSAGE: I Pages: I (including cover) Greg: Here are the calculations for the Exterior Finishes for the 49 Unit Bluff Heights Apartment Building in Prior Lake. Total Exterior Wall Square Footage (Including detached garages): 39,651.75 Square Feet Total Area of Class I Finishes (Brick, Stucco, Glass): 25,369.25 Square Feet Total Area of Non-Class I Finishes (Vinyl Siding, Garage Doors): 14,282.5 Square Feet Percenatage of Class I Exterior Finishes: 25,369.25 S.F. / 39,651.75 S.F. = 63.98 % Please let me know if you need any additional information. Chris Koepp WinFax PRO Cover Page Approved Plans L:\TEMPLATE~FILEINFO.DOC CITY OF PRIOR LAKE INSPECTION NOTICE $CHEOU~ LcD ADORES$ OWNER t ¥ CONT PHONE NO. PERMIT NO. r'l FOOTING [] PLUMBING RI r'] FOUNDATION J-I MECH RI ri FRAMING O WATER HOOKUP r'l INSULATION [] SEWER HOOKUP [] FINAL i-I PLUMBING FINAL ~ s['rE INSPECTION [] MECH FINAL ~ EX/GRAD/FILLiNG [] COMPLAINT [] FIREPLACE PJ ri FIREPLACE FINAL ri GASLINE AIR TST [] E] WORK SATISFACTORY. PROCEED [] CORRECT ACTION AND PROCEED CORRECT WORK, CALL FOR REINSPECTION BEFORE COVERING CALL 447-9850 FOR TH[NEXT INSPECTION 24 HOURS IN ADVANCE. CODE REQUIREMENTS ARE FOR YOUR PERSONAL HEALTH & SAFE]T/ Address: ~ ~~ /-~PT' Building Materials/Elevations: Rooftop equipment SITE INSPECTION CHECKLIST Inspection date: Landscaping: Sod - iyj,~t;f- Plantings - Irrigation system Trash Enclosure: Li.clhtin.~: Building Parking lot --r~ ~,_j-c_.L~_~_cJ '. Si_qna~e: Other: / I I / / / / / T 66' I iii i/ 1 \ / ', 2e BRUNSWICK AVENU~ 0 -- 70 n3 .~ z E T ITl Original surveys and drawings L:\TEMPLATE~FILEINFO.DOC From: chnsk To: Greg McClenahan Date: 5/30/2002 T~me: 11:07:00 AM Page I of 1 elopment ?~-~?--(i~'-~ i~i: _ ~ ~ North ",;, ~Y 3 0 ~ ii,". 79 ~g~ ~ 92 ITo: Greg McClenahan IFax #:19528946421 I Company: Evergreeen Real Estate IIFrom: chrisk IFax #: 320-252-0992 IITe1#:320-252-2528 ISubject: Bluff Heights ISent: 05/30/2002 at 11:06:58 AM I Pages: I (including cover) MESSAGE: Greg: Here are the calculations for the Exterior Finishes for the 49 Unit Bluff Heights Apartment Building in Prior Lake. Total Exterior Wall Square Footage (Including detached garages): 39,651.75 Square Feet Total Area of Class I Finishes (Brick, Stucco, Glass): 25,369.25 Square Feet Total Area of Non-Class I Finishes (Vinyl Siding, Garage Doors): 14,282.5 Square Feet Percenatage of Class I Exterior Finishes: 25,369.25 S.F. / 39,651.75 S.F. = 63.98 % Please let me know if you need any additional information. Chris Koepp WinFax PRO Cover Page 0 LOT 1 / m ~//2 LOT 2 e ~_I[ FRANKUN TRAIL , ~ ~_ z / T / Ill BLUFF HEIGHTS APARTMENTS Introdu~ion Bluff Heights Apartments will be a 49-unit rental apartment complex located in the northeast corner of the intersection of Franklin Trail and Highway 13 in Prior Lake, Minnesota. 39 units will be financed by federal tax credits and private or state-sponsored financing. The other 10 units will be owned by Scott County HRA and operated as public housing. The development is designed to provide housing to one to five-person families with incomes between $20,000 and $50,000, for whom there are limited housing alternatives. Other neighboring land uses include retail, commercial, multi-family and single family neighborhoods. The apartment complex will provide visual appeal, community atmosphere and outdoor recreational and leisure opportunities. Physical Development The property will consist of a three-story apartment complex. The 49-unit mix will consist of 5 one-bedroom units (700 sq. ft.), 31 two-bedroom units (850 sq. ft.) and 13 three-bedroom units (!,050 sq. ft.). Three of the units will be handicap accessible. Scott County HRA will own 10 units. The building common area will have an open element from ground floor to second floor and consist of a manager's office on the first floor and some combination of community/exercise/game/laundry rooms on the second and third floors. One private garage and one surface parking space will be provided per unit. There will be a resident manager/caretaker. Unit density will be approximately 18 units per developable acre. The property is zoned for 30 units per acre and contains 2.69 developable acres. An additional .95 acres contains a regional storm water pond and the land surrounding the pond is available for use by the tenants. The exterior will be maintenance-free siding and 60% class I materials. The units will have separate heating and cooling systems. All units will have standard kitchen appliances, plus dishwasher. A separate dining area will be provided. Each unit will have a balcony or patio area. Tenants will pay gas and electric utilities. The owner will provide garbage service and water and sewer. A central laundry will be located on the second floor. Site amenities include an age-appropriate play area and walking paths throughout the undeveloped area in the rear of the property. The grounds will be appropriately enhanced by shrubs, deciduous and evergreen trees, perennial and annual flowering plants and landscaping medium. Location The apartment complex will be located on approximately 3.62 acres of open land, which also contains a regional storm water holding pond (.95 acres). The site is adjacent to a 3-story professional building (west) and owner-occupied four-plexes (east). An apartment complex is located across Franklin Trail to the south. A wetlands abuts the property to the north. There are similar multi-family uses in the proximate area. The apartment complex will provide a transition from owner-occupied multi-family residents to the east and more commercial areas to the west. The location permits direct access to Highway 13. Tenant Profile Prospective tenant households' incomes must fall below the following limits: Household size Income* 1 $31,380 2 $35,880 3 $40,320 4 $44,820 5 $48,420 6 $52,020 Maximum rents*, exclusive of estimated tenant-paid utilities, are as follows: 1 Bedroom Unit 2 Bedroom Unit 3 Bedroom Unit $625-651 $772-794 $887-917 Tenants must also satisfy background checks regarding criminal activity and credit and landlord-tenant history. The apartment complex will provide affordable housing opportunities for low and moderate income families. Tenants may continue to live at Bluff Heights Apartments after their incomes exceed the initial income guidelines, but it is anticipated many tenant households will move to single-family homes in Prior Lake and the surrounding area. * effective as of November 1, 2001 Narrative.wpd ISOFOOTCANDLE PLOT 25 No 35-177503 GE Lighting Systems-Hendersonvi]l HORIZONTAL FOOTCANDLES TC-IOOR Soc. Pos: FIXED SCALE: 1 INCH = 20 FT - LLF = .8 Lam~($): HPS 50-150 I~ - '~''¢'-~..~t~/~'~f INITIAL LUNENS = 9500 Distribution: H-S-III NH = 14 FT G.E, TOWN & COUNTRY (TIOR) TYPE III -lOOW HPS MAX. VALUE = 2.90 I::IOLTON & M ~'N K, Consulting Engineers & Surveyors 1515 East Highway 13 · Burnsville, MN 55337-6857 Phone (952) 890-0509 * FAX (952) 890-8065 INC- Letter Of Transmittal TO: ~_~1-? FILE NO. DATE: WE ARE FI ENCLOSING [] SENDING UNDER SEPARATE COVER I~ REVIEW [] DISTRIBUTION FOR YOUR ~1 RECORDS [] APPROVAL [] PLEASE RETURN CORRECTED PRINTS REMARKS: VIA: [] UPS (REGULAR) [] UPS (NEXT DAY) [] REGULAR MAIL [] HAND CARRY WITH OUR [] APPROVAL [] DISAPPROVAL ~ APPROVAL WITH CORRECTIONS C.C. TO MANKATO · FAIRMONT · SLEEPY EYE · BURNSVILLE ° WILLMAR · CHASKA AMES, IA * LIBERTY, MO An Equal Opportunity Employer · · Mailing Information and Lists L:\TEMPLATELHLEINFO.DOC AFFIDAVIT OF SERVICE BY MAIL COUNTY OF SCOTT ) )ss STATE OF MINNESOTA) the attached list of persons to have an interest in the I .~.'. ~ (~) ['~(iC ~[~.- i~ ~ , by mailing to t~em a copy thereof, enclosed in an envelope, postage prepaid, and be depositing same in the post office at Prior Lake, Minnesota, the last known address of the parties. Subscribed and sworn to be this __ day of ,2000. NOTARY PUBLIC Property Owners Within 350' Bluff Heights CUP Case File ~)2-026 1000, 0 1000, Feet N NEW ABSTRACTS REGISTERED PROPERTY ABSTRACTS CONTINUATIONS TITLE INSURANCE CLOSING SERVICE RECORDING SERVICE SCOTT COUNTY ABSTRACT AND TITLE, INC. 223 HOLMES STREET, RO. BOX 300 SHAKOPEE, DAVID E. ~IOONEN Phone: (952) 445-6246 Fax: (952)j445-0229 January 24, 2002 G.A.M. Management Corp. 5212 Hope St. Prior Lake, MN 55372 Attn: Greg McClenahan To Whom it May Concern: According to the 2002 tax records in the Scott County Treasurer's Office, the following persons listed on Exhibit "A" are the owners of the property which lies within 350 feet of the following described property: Lots 1 and 2, Block 1, Bluff`Heights Addition, Scott County, Minnesota. David E. Moonen President Scott County Abstract & Title, Inc. MEMBER MINNESOTA LAND TITLE ASSOCIATION AGENT FOR CHICAGO TITLE INSURANCE COMPANY WILLIAM R BRANTLY SUZANNE JEAN BRANTLY 16599 FRANKLIN TRL SE PRIOR LAKE MN 55372 JOSEPH J & DEBORAH G MYERS 16587 FRANKLIN TRL SE PRIOR LAKE MN 55372 ROSS C & KATHRYN A LUSSENHOP 16575 FRANKLIN TRL SE PRIOR LAKE MN 55372 DAVID A & TRUDY K HEALD 4849 ERIN CIR SE PRIOR LAKE MN 55372 CURTICE W SCHMIDT 4882 ERIN CIR SE PRIOR LAKE MN 55372 A PAUL & SHEILA OLSON 16679 DUBLIN RD PRIOR LAKE MN 55372 JOSHUA D SCHIFFLER 16671 DUBLIN RD SE PRIOR LAKE MN 55372 RICHARD A & CHRISTINE D MAKI 16661 BRUNSWICK AVE S PRIOR LAKE MN 55372 JOSEPH A & PHILOMENE D SPEIKER 16633 BRUNSWICK AVE SE PRIOR LAKE MN 55372 FREDICK A & JILL STEINHAUS 16623 FRANKLIN TRL PRIOR LAKE M/q 55372 KENNETH L MCRAE 16611 FRANKLIN TRL SE PRIOR LAKE MN 55372 KESTREL PROPERTIES LLP 7815 133 STW APPLE VALLEY MN 55124 JAMES E & NANCY A ALLEN 4818 MCCOLL DR SAVAGE MN 55378 HOA D & CYNTHIA V NGUYEN 7455 DEVIN LN SHAKOPEE MN 55379 DAVID R THORSFELDT 13528 RHODE ISLAND AVE SAVAGE MN 55378-1715 WILLIAM R LOWE 16612 FRANKLIN TRL SE PRIOR LAKE MN 55372 JOANNE M NELSON 16614 FRANKLIN TRL SE PRIOR LAKE IVlN 55372 THOMAS KEITH PETERSON 16618 FRANKLIN TRL SE PRIOR LAKE MN 55372 MARY JO FAGRE 16616 FRANKLIN TRL PRIOR LAKE MN 55372 WENDY K BRANSON 4802 BLUFF HEIGHTS TRL SE PRIOR LAKE MN 55372 CHARLES R REESE 16606 FRANKLIN TRL SE PRIOR LAKE MN 55372 RUTH I SMED 16608 FRANKLIN TRL SE PRIOR LAKE MN 55372 IRENE M MANGAN 4810 BLUFF HEIGHTS TRL SE PRIOR LAKE IVlN 55372 SARAH A RADEMACHER 16670 FRANKLIN TRL SE PRIOR LAKE MN 55372 H R S PROPERTIES 16770 FRANKLIN TRL SE SUITE 230 PRIOR LAKE MN 55372 PREMIER DEVELOPMENT CO LARRY R GENSMER 20664 LAKE RIDGE DR PO BOX 155 PRIOR LAKE MN 55372 PH]LOTHEA T O'HERN 4828 BLUFF HEIGHTS PRIOR LAKE MN 55372 JOAN F MOURNING 4826 BLUFF HEIGHTS TRL SE PRIOR LAKE MN 55372 ROBYN M GRUND 4824 BLUFF HEIGHTS TRL PRIOR LAKE MN 55372 PRIOR LAKE APARTMENTS 4500 44 ST W EDINA MN 55424-1001 LOREN GROSS 8609 LYNDALE AVE S STE 214 BLOOMINGTON MN 55420 LARCH LLC 80 70 ST W STE 133 CHANHASSEN MN 55317 CHARLES D & JILL SCHWANTES 16680 FRANKLIN TRL SE PRIOR LAKE MN 55372 HEALTH SYSTEMS MINNESOTA 6500 EXCELSIOR BLVD ST LOUIS PARK MN 55416 CITY OF PRIOR LAKE CITY ADMINISTRATOR 16200 EAGLE CREEK AVE PRIOR LAKE MN 55372 CROWN COCO INC 1717 BROADWAY ST NE MINNEAPOLIS MN 55413-2638 DAVID E & MARY KAY VELISHEK 7540 CREDIT RIVER BLVD PRIOR LAKE MN 55372 .Ac ST MICHAELS ADD'N ~902128G - ~_~./I I A 4DOMINIUM o~1.0 /;, Location Map PLEASANT ST rdale all N 400 0 400 Feet Location IVl~p rdale all N 400 0 400 Feet , , J BLUFF HEIGHTS CUP ISSUES 1. Storm water runoff calculations must be resubmitted and reviewed by the City. 2. The applicant must specifically identify the proposed architectural materials, and how these materials will meet the ordinance requirements. 3. The landscaping plan must be revised to meet the ordinance requirements, including bufferyards, tree replacement and perimeter landscaping. An irrigation plan must also be submitted. 4. A lighting distribution plan must be submitted. 5. The issued identified in the memorandum from the Engineering Department and the Building Department must be reviewed and any required changes made to the site plan. Ill ~tli BLUFF HEIGHTS CUP CONDITIONS OF APPROVAL 1. Any changes required as a result of the review of the revised storm water runoff calculations must be incorporated into the site plan. 2. The applicant must provide building elevations specifically identifying the proposed architectural materials. The applicant must also provide building elevations for the detached garage. The exterior materials for the garage must be compatible to the principal structure. 3. The landscaping plan must be revised to include 2 additional trees. 4. The applicant must provide an irrigation plan with the building permit. 5. The lighting plan must be revised to ensure that light at the center of the parking lot along Franklin Trail does not exceed 1.0 footcandle at the right-of-way line. 6. The must provide plans for the trash enclosures. The trash enclosures must be constructed of materials compatible with the materials used for the principal structure. 7. The applicant must provide the necessary documents granting the City drainage and utility easements prior to issuance of a building permit. 8. The applicant must submit and receive approval of all necessary wetland applications prior to issuance of a building permit. 9. All issues identified in the memorandum from the Engineering Department and the Building Department must be reviewed and any required changes made to the site plan prior to issuance of a building permit. lee_4 00~ 0 00~ N ~ § lie I o~ ~lePJ delAI uo!leoo-I Correspondence L:\TEMPLATE~FILErNFO.DOC CITY OF PRIOR LAKE DRC PROJECT REVIEW CHECKLIST PROJECT NAME: BLUFF HEIGHTS APARTMENTS CUP An application for a conditional use permit to develop a 49-unit apartment building on 3.62 acres of vacant land. APPLICANT: Bluff Heights Apartments, Limited Partnership PROJECT ENGINEERS: Bolton & Menk, Inc. CONTACT PERSON: Gregory McClenahan 952-894-6400 SITE INFORMATION PID #: 25-019-001-0 25-019-002-0 LOCATION: This property is located on the north side of Franklin Trail, east of TH 13 and west of Bluff Heights Trail. EXISTING ZONING: R-4 (High Density Residential) COMPREHENSIVE PLAN: R-HD (High Density Residential) PROJECT REQUEST: Review plans. DISTRIBUTE TO: IL APPLICATION FOR: · Frank Boyles · Bud Osmundson __ Administrative Land Division · Sue Walsh · Sue McDermott _ Comprehensive Plan Amend. · Ralph Teschner _ · Conditional Use Permit · Chris Esser · Fire Chief _ Home Occupation · Bob Hutchins · Bill O'Rourke _ Rezoning Site Plan · Don Rye _ Jane Kansier _ Preliminary Plat PUD Final Plat · DNR-Pat Lynch · Minnegasco _ County Hwy. Dept. · Watershed Dist~ .~_ _ Variance · MNDOT · Telephone Co.~ _ Vacation SMDC · Electric Co. ~ · Mediacom Cable Met. Council Date Received 2/22/02 Date Distributed , 3/4/02 Date Due 3/21/02 Complete Application Not Date Distributed to 3/4/02 DRC Meeting 3/21/02 Date Complete DRC Publication Date Tentative PC Date Tentative CC Date 60 Day Review Date Review Extension 1:\02files\02cup\bluff heights\referral.doc Page 1 I have reviewed the attached proposed request (Bluff Heights Apartments CUP) for the following: Water City Code Grading Sewer Storm Water Signs Zoning Flood Plain County Road Access Parks Natural Features Legal Issues Assessment Electric Roads/Access Policy Septic System Gas Building Code Erosion Control Other Recommendation: __ Approval __ Denial __ Conditional Approval Comments: Signed: Date: Please return any comments by Thursday, March 21,2002, to Jane Kansier, DRC Coordinator City of Prior Lake 16200 Eagle Creek Avenue SE Prior Lake, MN 55372 Phone: (952) 447-9812 Fax: (952) 447-4245 1:\02flles\02cup\bluff heights\referral.doc Page 2 Location Map rdale -~ all 400 0 400 Feet Ms. Katherine G. Hadley Commissioner Minnesota Housing Finance agency 400 Sibley Street Suite 300 Saint Paul, MN. 55101-1998 Dear Ms. Hadley: This is in response to your letter of February 13, 2002 concerning the request for funding of the BluffHeights Apartments project proposed to be located at 166xx Franklin Trail in Prior Lake. The City of Prior Lake strongly supports the provision of affordable housing in the City as it supports our Livable Community goals and Comprehensive Plan policies. We have only recently received an application for zoning and subdivision approvals for this development and are unable to comment on those aspects of the request except to say that this project, like any other in the City, must be consistent with applicable codes and ordinances. Sincerely, ~angen~ Mayor 16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (952) 447-4230 / Fax (952) 447-4245 AN EQUAL OPPORTLJNFFY EMPLOYER March 4, 2002 Bluff Heights Apartments, Limited Partnership Attention: Gregory A. McClenahan 5212 Hope Street Prior Lake, MN 55372 RE: City of Prior Lake Review for Application Completeness for Bluff Heights Apartments Conditional Use Permit Dear Mr. McClenahan: On February 22, 2002, the City of Prior Lake Development Review Committee (DRC) received an application for a conditional use permit for a multifamily residential development known as Bluff Heights Apartments. We have determined the following information must be submitted before we will consider this application complete: 1. One 11" by 17" reduction of each sheet of the building elevations and floor plans. 2. Ten full-scale copies and one 11" by 17" reduction of each sheet of the building plans and elevations for the detached garage. 3. A graphic identifying the proposed location and amount of open space for this development and how this area meets the requirements of the Zoning Ordinance. ~ 4. Storm water runoff and drainage calculations do~e in accordance with the City of Prior Lake Public Works Design Manual. 5. A wetland delineation report and an analysis of the wetland impacts done in accordance with the Wetland Conservation Act. 6. A copy of the permit application sub%itted to the Prior Lake/Spring Lake Watershed District. I~c~-5'~-- ~% ',~- ~ ~Je~'~-~-~:X .~ 7. A copy of the soils report for this area. d~ 8. A lighting plan identifying the type of lighting, the location of the lights, and luminaries at the property line. ~-.~ 16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (952) 447-4230 / Fax (952) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER 9. Your signage plan must indicate the size and type of sign and a~,~er/ location ofthis sign. t,~o - ~ ~ ~:.¢..t.~o-~ .~-__ 10.An application for the combination of the lots must also be submitted. I have attached an application for an administrative lot combination for your use. The above items must be submitted before we will consider this a complete application. Once we have determined you have submitted a complete application, the DRC will begin formal review of the CUP plan. In the meantime, I will refer your plans to the appropriate agencies and departments for a preliminary review. Once we have completed our review, we will notify you of any required changes to the plans. If necessary, we will schedule a DRC meeting to review this application. Thank you for your attention to this matter. If you have questions relative to the preliminary plat review process, or related issues, please contact me directly at 952-447-9810. Sincerely, , {,~Jane Kansier, AICP Planning Coordinator cc: DRC Members 1:\02files~O2cup/biuff height s\inco m pier e.d o¢ Page 2 83/11/2882 88:13 9522263758 INTEGRA TELECOM PL PAGE 01/01 I have reviewed the attached proposed request (Bluff Heights Apartments CUP) for the following: Water City Code Grading Sewer Storm Water Signs Zoning Flood Plain Co. unty Road Access Parks Natural Features Legal Issues Assessment Electric Roads/Access .Policy ,Septic System. Gas ' Building Code Erosion Control ,~X; OtherTEt-~., ,, Recommendation: X Approval __ Denial __ Conditional Approval "TNfI~IL'R TF,.L.E. corn. t-.t,R5 I~ ~_~5'T'IMC~ ~ TR.. ~.~ppE~L ' ntegra 'Don Barlage 4s9o c~. s~ s,~ pr~r L~, MN ~72 O.S.P, ~glneodng & Design ~: Signed: Please return any comments by Thursday, Ma[ch 21, 2002, to Jane Kansier, DRC Coordinator City of Prior Lake 16200 Eagle Creek Avenue SE Prior Lake, MN 55372 Phone: (952) 447-9812 Fax: (952) 447-4245 IA02files\02eup\bluff heights~'efarral.doc Page 2 Minnesota Department of Transportation Metropolitan Division Waters Edge 1500 West County Road B2 Roseville, MN 55113 ' 1 March 6, 2002 City of Prior Lake Attn: Donald Rye 16200 Eagle Creek Avenue Prior Lake, Minnesota 55372 Dear Mr. Rye: Subject: Incomplete Plat/Site Plan Submittal for BluffHeights Apartments Please find enclosed the above-referenced plat/site plan(s) that you recently submitted to our agency. We are returning this information since it does not meet Mn/DOT submittal requirements. Enclosed is a review checklist that explains Mn/DOT's submittal guidelines including the requirement for three (3) complete sets of plats and two (2) copies of related site plan information. Please re-submit this information with the correct number of copies along with any other necessary information needed by Mn/DOT for review. Thank you for your anticipated cooperation in this matter. If there is anyone else in your agency that submits plans to Mn/DOT, please share this information with them. Feel free to call me at (651) 582-1468 if you should have any questions. Sincerely, Transportation Planner Enclosure Copy: Mn/DOT LGL - Prior Lake An equal opportunity employer DATE: March 20, 2002 TO: Jane Kansier, Planning Coordinator FROM: Sue McDermott, City Engineer/~/~J\ RE: Bluff Heights (Project #02-36) The Engineering Department has reviewed the subject preliminary plat and has the following comments: 1. The plans must show the two driveway entrances to be installed using a concrete apron per MnDOT standard plate no. 7035K. 2. The height of the proposed retaining wall near the northwest corner of the proposed building must be shown on the plans. 3. Note that the existing storm manhole located northeast of the proposed basketball court is to be adjusted to grade (approx. +2.0') in accordance with City standards. 4. Hydrant spacing must conform with the Public Works Design Manual. 5. Proposed slopes around the existing pond exceed 4:1. 6. Proposed retaining walls are located within easements. Attached is an additional memorandum prepared by WSB & Associates addressing WCA comments and storm water/grading. Let me know if you have any questions. G:~PRO JECTS~2002~36bluflhtsLILEVIEW 1 .DOC & Assochates, Inc. Memorandum From: Date: Re: Sue McDermott, P.E., City Engineer City of Prior Lake Andi Moffatt, Biologist WSB & Associates, Inc. March 15, 2002 Review of Bluff Heights Development Plans WSB Project No. 1430-03 As requested, we have completed our water resource review of the Bluff Heights Development Plans dated February 22, 2002. Based on our review, we offer the following comments: Wetland Conservation Act Review Comments 1. The development proposes to fill 225 sfofwetland. This wetland was delineated as part of the Timber Crest Development. It is anticipated that this fill will be exempt under the de minimis of the Wetland Conservation Act (WCA). Application for exemption should be provided by the developer. It is our tmderstanding that the wetland delineation has not been reviewed by the City. We recommend this delineation be reviewed as soon as the weather conditions allow. This review can be completed by WSB. The developer does not necessarily need to be present for this review unless questions are raised during the delineation review. Item 1.26 of the Prior Lake Public Design Manual states that a 30-foot average buffer (minimum of 20 feet) needs to be maintained around the perimeter of all wetlands. This buffer with associated monumentation needs to be added to the plans. Hydrologic/Hydraulic~ Water Qualit~ and Grading Comments 1. The existing and proposed hydrologic/hydraulic calculations for 2, 10 and 100 year storms should be provided by the developer. This should show the sizing of pipes, ponds, emergency overflow spillways, and catch basin interception analysis. 2. The existing and proposed drainage boundaries need to be included with the plans. Sue McDermott, P.E. March 15, 2002 3. Additional information should be provided from the City regarding the current storm sewer drainage to the regional pond. The existing information on the plan sheets does not correspond to the City's Local Surface Water Management Plan. We can further review the capacity of this system once this information is obtained from the City. 4. Based on Item 4.26 in the Public Works Design Manual, 3-foot sumps must be constructed as the last structure which is road accessible prior to discharge to any water body. This would apply to Manholes #2 and #8. These structures should be changed on the plans. 5. It is recommended that the minimum parking lot grade should be 1%. 6. The retaining wall that is proposed west of the pond should be designed by an engineer and include a fence at the top. These details should be provided for review. 7. The overflow drainage for the parking area adjacent to Franklin Trail should be redirected east onto the parcel rather than overflow onto Franklin Trail. 8. The overflow drainage for the west parking area should be redirected east to the pond rather than overflow outside the parcel. 9. The 2' contours a minimum of 200 feet beyond the property boundary in accordance with the city's 2002 Public Works Design Manual must be shown on the plans. 10. Sheet 5 states that 1.2 acre-feet of floodplain will be filled and 1.32 acre-feet of floodplain storage will be created. Details regarding the floodplain fill and mitigation calculations associated with volumes shown on Sheet 5 must be provided. 11. A transition detail from B612 curb to B618 curb at catch basins should be provided by the developer. 12. A skimmer structure should be used at the outlet of the pond. This concludes our review of the Bluff Heights Development plan. If you have any questions or need additional information, please feel free to call me at (763)287-7196. c. Dave Hutton, P.E., WSB G:lPROJECTSI2002136bluJJhtslwsbreview. doc REAL ESTATE DEVELOPMENT CORPORATION March 22, 2002 Jane Kansier Planning Coordinator City of Prior Lake 16200 Eagle Creek Avenue SE Prior Lake, MN 55372-1714 5212 Hope Street PriorLake, MN 55372 (952) 806-0406 Fax (952) 820-0706 Fax (952)831-1869 Re~ Bluff Heights Apartments Conditional Use Permit - Supplemental Submissions Dear Mr. Kansier: In response to your March 4, 2002 request for supplemental information, attached please find the following: 5. 6. 7. 10. One 11 x 17 reduction of the building elevations and floor plans; Ten full scale copies and one 11 x 17 reduction of the building elevations and floor plan for the detached garage structure; A graphic identifying the location and amount of open space and a calculation showing how the area meets the requirements of the zoning ordinance; Storm water runoff and drainage calculations for the 3.4 acre development parcel; Wetland delineation letter and map; A copy of the Permit Application to the Watershed District; A copy of the soils report and a copy of the pier system we anticipate using for structural support of the apartment building; I am still awaiting the exterior lighting plan from John Hygrell of Xcel Energy; The sign will stand approximately six feet tall at its top. The sign itself will be approximately 36" tall and 7' wide. The sign will be placed to the right of the west entrance and be roughly parallel to the curb line for maximum visibility. It will be lighted by a ground light. I will provide a detail of the landscaping surrounding the sign; I have sent the Application for Administrative Lot Combination to David Voxland for his signature and return to me. I will transmit that to you upon receipt. Jane Kansier March 22, 2002 Page Two I will be out of town the week of March 25-29, but should be able to complete the few outstanding items the first week of April. If there are any other issues, please contact my office at (952) 894-6400 and leave a message. Sincerely, EVERGREEN REAL ESTATE DEVELOPMENT CORP. President GAM/dao Enclosures CITY OF PRIOR LAKE 16200 EAGLE CREEK AVENUE SE, PRIOR LAKE, MN 55372 Date: May 24, 2002 Number of pages including cover sheet: To: Debbie Brodshow Phone: 651-688-8023 Fax phone: 651-456-5748 CC: From: Jane Kansier Planning Coordinator City of Prior Lake 16200 Eaf~le Creek Avenue SE Prior Lake, MN 55372 Phone: Fax phone: (952) 447-9810 (952) 447-4245 REMARKS: [] Urgent [] For your review [] Reply ASAP [] Please comment Attached is the staff report for the Bluff Heights Apartments CUP.The landscaping requirements and issues are listed on pages 2 and 3. If you have any questions about this information, please contact me at 952-447-9810. June 5,2002 Bluff Heights Apartments, inc. Greg McClenahan 5212 Hope Street Prior Lake, MN 55372 RE: Agenda and Agenda Report Attached is a Planning Commission Agenda and Staff Report for the June 10, 2002 Planning Commission meeting. You or your representatives are expected to attend the meeting. You will be given the opportunity to speak regarding your proposal and the staff report. '['he meeting begins at 6:30 p.m. and is held at the Fire Station located at 16776 Fish Point Road (east of HWY 13 on the south side of CR 21). If you cannot attend the meeting, please call me so your item can be deferred to the next Planning Commission meeting. If you have any questions, please contact me at 447-9810. Sincerely, Connie Carlson Planning Dept. Secretary Enclosure I:\deptwork~lankfrm',meetltr.doc ~.6200 Ea§le Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (952) 447-4230 / Fax (952) 447-4245 AN EQUAL OPPORTUN]TY EMPLOYER March 27, 2002 Bluff Heights Apartments, Limited Partnership Attention: Gregory A. McClenahan 5212 Hope Street Prior Lake, MN 55372 RE: City of Prior Lake Review for Application Completeness for Bluff Heights Apartments Conditional Use Permit Dear Mr. McClenahan: On March 22, 2002, the City of Prior Lake Development Review Committee (DRC) received additional information for the conditional use permit application for a multifamily residential development known as Bluff Heights Apartments. We have determined the following information must be submitted before we will consider this application complete: 1. The copy of the permit application submitted to the Prior Lake/Spring Lake Watershed District has not been signed by the Watershed District. Has this application been submitted to the Watershed District? You must provide some evidence that the permit application has been submitted. 2. A lighting plan identifying the type of lighting, the location of the lights, and luminaries at the property line. 3. You must submit a graphic elevation of the proposed sign, as well a locating the sign on the site plan. The plan must indicate the size and type of sign and the location and setbacks of the sign. 4. An application for the combination of the lots must also be submitted. The above items must be submitted before we will consider this a complete application. Once we have determined you have submitted a complete application, the DRC will begin formal review of the CUP plan. Once we have completed our review, we will notify you of any required changes to the plans. If necessary, we will schedule a DRC meeting to review this application. 16200 Eagle Creek Ave. S.E.,~rior Lake, Minnesota 55372-1714 / Ph. (952) 44%4230 / Fax (952) z~47-4245 I am also attaching the comments I have received on the plans submitted so far for your information. Thank you for your attention to this matter. If you have questions relative to the preliminary plat review process, or related issues, please contact me directly at 952-447-9810. Sincerely, j~~ane Kansi~el, ~ AICP Planning Coordinator cc: DRC Members 1:~02flles~2cup~bluff heights~Jncomplet e2.d cc Page 2 TO: FROM: DATE: RE: Sue McDermott, City Engineer Bob Hutchins, Building Official Jane Kansier, Planning Coordinator ~ March 27, 2002 Bluff Heights Apartments CUP - Additional Information Attached is additional information submitted for the Bluff Heights Apartments CUP. Specifically, this information includes: · Building plans and elevations for the proposed detached garage. · Storm water runoff and drainage calculations. · A wetland delineation report. · A soils report. · A copy of the Watershed District permit application. This application is not complete at this time. I will let you know when the application is complete and a heating date scheduled. I have, in the meantime, forwarded your previous comments to the applicant. Thank you for your help in this matter. Please let me know if you have any questions. Enclosures l:\02files\02cup\bluff heights~new info memo.doc I::tOLTON & M NK, INC. Consulting Fngmeers,& SurYeyor$ 1515 East Highway 13 · Burnswlle, MN 55337-6857 Phone (952) 890-0509 * FAX (952) 890-8065 Memorandum Date: 3/21/02 To: City of Prior Lake From: Steve Albrecht, P.E., Bolton & Menk Re; Wetland Delineation Summary Bluff Heights 2"d Addition Prior Lake, Minnesota Bolton & Menk completed a wetland inventory and delineation for the above referenced site on 3/19/02 as directed by the City. Two basins were identified as having wetland characteristics. Basin "A" is a utilized wetland. This wetland was excavated in the mid 90's by the City of Prior Lake for use as a regional ponding facility. Basin "B" is a ditch/ravine type wetland that outlets the existing pond. Only a very small portion of this wetland is on the Bluff Heights property. This type 2/3 basin has steep side slopes with a distinct vegetative transition from hydrophytic to upland species. Weather conditions prevent a thorough inventory, but species include Dogwood and Reed Canary Grass. Upland and transition vegetation include Ash, Buckthom, Burr Oak and Ironwood. Soils are hydric changing to upland Type B soils. Standing hydrology is present throughout the ditch wetland area. Due to the size and nature of the basin a comprehensive report with transect information has not been submitted. Please let us know if a comprehensive delineation report is required and it will be submitted. MANKATO * FAIRMONT · SLEEPY EYE · BURNSVILLE ° WILLMAR AMES, IA · LIBERTY, MO An Equal Opportunity Employer Z s'rs CONSULTANTS CONSULTING ENGINEERS GAM Management Corporation Bluff Heights Apartments in Prior Lake, Minnesota STS Project 98374 August 28, 2001 STS Consultants, Ltd. Solutions through Science & Engineering August 28, 2001 Mr. Gregory McClenahan GAM Management Corporation 5212 Hope Street Prior Lake, MN 55372 Subsurface Exploration and Geotechnical Engineering Analysis for the Proposed Bluff Heights Apartments at Franklin Trail in Prior Lake, Minnesota; STS Project 98374 Dear Mr. McClenahan: We have performed a subsurface exploration and geotechuical engineering analysis for this proposed apartment building project. The attached report contains the logs of five soil borings by STS Consultants, Ltd., as well as previous borings by others, an evaluation of the conditions encountered in all the borings, and our recommendations for suitable foundation types, allowable soil bearing pressure, floor slab support, parameters for pavement design, and other geoteclmical related design and construction considerations. We appreciate the opportunity to work with you on this project. If you have any questions about our recommendations, please call us at 763/315-6300. To arrange for our testing services during the construction phase of this project, please call me or Mr. Steve Ruesink, P.E., at the same phone number. Sincerely, STS CONSLrLTAN~ Me'P.E. Senior Project Engineer ~Jlames H. Ove~toom, P.E. Principal Engineer/Vice President MM/dn Enos. C6374001.doc 10900 73rd Avenue North, Suite 150 · Maple Grove, MN 55369-5547 ,, (763) 315-6300 ,, (763) 315-1836 Fax TABLE OF CONTENTs 1.0 2.0 5.0 3.0 4.0 4.1 4.2 4.3 4.4 4.5 4.6 4.7 4.8 4.9 4.10 4.11 Page No. Project Overview I. 1 Project Description ................................................................................. 1 1.2 Project Scope and Purpose ................................................................ i.. 1 Exploration and Testing Procedures - ' 2.1 Boring Layout and Soil Sampling Procedures ........................................ 3 2.2 LC~a~Undwat~ M.easurements and Borehole Abandonment ..................... 4 2.3 anoratory lestmg Procedures ............................................................... 4 2.4 Boring Log Procedures and Qualifications .............. ~ .......... .[ .................. 4 Exploration Results ..................................................... ' ........................................ 6 3.1 Site and Geology ..................................................................................... 3.2 Soil Conditions 6 3.3 Groundwater Conditions .................................................................... i .... 7 Analysis and Recommendations Discussion ....................................... Site Preparation for Building .................................................................. Foundation Recommendations 9 Ground Supported Floor Slab ................................................................ 11 Foundation Backfill ................................................................. 11 Exterior Pavement Areas Construction Considerations Winter Construction ................................................................................ Construction Safety .......... 13 13 Field Observation and Testing ................................................................ 13 General Qualifications Standard of Care APPENDIX R6374001.doc Subsurface Exploration and Geotechnical Engineering Analysis for the Bluff Heights Apartments in Prior Lake, Minnesota 1.0 PROJECT OVERVIEW 1.1 Project Description You propose to construct a 49 unit, L-shaped apartment building. This will be a three--siory, wood frame, slab-on-grade structure, with partial brick veneer. There will be tuck-under garages adjacent to the driveways. Structural loads have. aot been provided, but we estimate loads of 2.5 to 4.5 kips per lineal foot on the bearing wall footings. The design garage floor grade has not yet been determined. A free-standing six-car garage will be constructed east of the east end of the building. Surfac~ parking lots will be built north and west of the building. The main access to the project will be offFranklin Trail. This project is adjacent to a drainage way, including a man-made pond. 1.2 Project Scope and Purpose Our services were performed in accordance with our proposal dated JUne 6, 2001. By mutual agreement, we increased the work scope from 4 to 5 borings and from 80 to 100 lineal feet of drilling, at no increase in fee. This work was authorized by Mr. Gregory McClenahan on July 16, 2001. The purposes of this exploration are to: Perform a subsurface exploration and testing program consisting of five soil borings to 20 foot depths. Analyze the soil conditions encoUntered in previous borings by others. Bluff Heights Apartments STS Project 98374 Describe the soil and groundwater conditions encountered in our exploration, and the previous explorations by others. Characterize the subsurface conditions with respect to the site geology and the proposed construction. · Analyze the available subsurface information which is applicable to this project. · Present recommendations for design offounclations and floor slab. · Discuss the construction cousidemfious related to earthwork and foundations. -2- Bluff Heights Apartments STS Project 98374 2.0 EXPLORATION AND TESTING PROCEDURES 2.1 Boring Layout and Soil Sampling Procedure,:, We mutually agreed on the number of borings. STS selected the boring locations and depths. An STS ' · . engineer staked the borings by measuring from the centerline of Franklin Trail, and from the property comers, using dimensions obtained from the site plans you provided~ The approximate boring locations are shown on the Soil Boring Location Diagram in the Appendix. This diagram also shows previous soil borings by other firms. We are not responsible for the accuracy of these boring locations. The ground surface elevations at the STS borings were determined by our drill crew, with reference to the rim of a sanitary sewer manhole in the eenterline of Franklin Trail, east of its intersection with Brunswick Avenue. The elevation of this manhole was shown to be 958.0 feet, National Geodetic Vertical Datum, on a survey plan of this property prepared by Harry S. Johnson Companies, dated November 15, 1988. · · We drilled the borings on July 26, 2001 with an all-terrain CME-750 drill rig operated by a two person crew. The drill crew advanced the borings using continuous flight hollow stem augers. Detailed descriptions of typical drilling procedures are included in the Appendix. Drilling methods, depths, easing usage, drill rig type, foreman, and other drilling information are indicated on the boring logs. The drill crew sampled the soil in advance of the auger tip at 2.5 foot intervals of depth to 10 feet and at 5 foot intervals thereafter. The soil samples were obtained using a split-barrel sampler which was driven into the ground during standard penetration tests in accordance with ASTM D-1586, Standard Method of Penetration Test and Split-Barrel Sampling of Soils. An explanation of typical STS drilling and sampling procedures is presented in STS Field and Laboratory Procedures in the Appendix. -3- Bluff Heights Apartments STS Project 98374 Recovered soil samples were described on field logs, containerized, and transported to our laboratory for further examination and testing. The field logs also document sample intervals, test data, observations of drilling resistance, groundwater occurrence and other pertinent conditions. 2.2 Groundwater Measurements and Borehole Abandonment The drill crew observed the borings for free groundwater while drilling and after completion. These observations and measurements are noted on the lower left corner of the boring logs. The crew then backfilled the borings with soil cuttings to comply ~ Minnesota Department of Health regulations. 2.3 Laboratory Testing Procedur~q The penetration test split-spoon samples were visually examined by a geotechnieai engineer to estimate the distribution of grain sizes, plasticity, consistency, moisture condition, color, presence of lenses and seams, and apparent geologic origin. The engineer classified the soils according to type using the Unified Soil Classification System. A chart describing this classification system is included in the Appendix. An explanation of typical laboratory procedures is presented in the Appendix. 2.4 .Boring Log Procedures and Qualification~ The results of the field and laboratory observations and tests are printed on final boring logs included in the Appendix. Similar soils were grouped into the strata shown on the boring logs, and the appropriate estimated USCS classification symbols were also added. Note that the stratification depth lines between soil types on the logs are estimated based on the available data. In-sim, the transition between soil types may be distinct or gradual in either the horizontal or vertical directions. The soil conditions have been established at our specific test hole locations -4- ,I Bluff Heights Apartments STS Project 98374 only. Variations in the soil stratigraphy may occur between and around the borings, the nature and extent of which would not become evident until exposed by construction excavation. These variations must l~e properly assessed when utilizing the information presented on the boring logs. Additional comments on boring log preparation and qualifications are contained in an Appendix sheet entitled STS Standard Boring Log Procedures. -5- B luff Heights Apartments STS Project 98374 3.0 EXPLORATION RESULTS 3.1 Site and Geology The easterly part of the property includes a drainage swale which drains to the north and northwest, and eventually drains to Upper Prior Lake. When the City of Prior Lake improved this drainage swale, and excavated a pond, some fill was placed on the westerly half of-the property to be developed. The site is presently relatively level, and there was about a 5 foot maximum difference in elevation among the five STS borings. The drainage swale area was associated with a wetland, and contains post-glacial peat and organic silt soils. In the remainder of the site, the principal naturally occurring soil type is leau sandy and silty glacial till deposited by the Des Moines ice lobe of the Wisconsin glaciation. However this soil was subsequently modified by fluvial action, and the upper portion of the clay till now contains frequent sand and silt seams or lenses. 3.2 Soil Conditions We found about 4-1/2 to 5-1/2 feet of fill at borings C, D, and E, probably resulting fi-om the drainage improvements and excavation of the pond for the drainage easement. The fill consists of an irregular mixture of sandy and clayey silt, and silty sand. It appears to have been lightly compacted when it was placed. Below the fill at borings C and D, and outcropping at the surface at borings A and B, we 'found about 2-1/2 to 4-1/2 feet of organic silt topsoil. This soil is soft or loose, and is unsuitable for foundation support. -6- Bluff Heights Apartments STS Project 98374 At boring E, the fill was underlain by about a 16-1/2 foot thickness of peat and highly organic silt with mollusk shell fragments. This soil is very soft, very weak, and highly compressible, and is totally unsuitable for foundation support. Below the fill and organic-soils, at depths of about 2-1/2 to 21 feet below ground surface, we found variably layered sand, silty sand, sandy and clayey silt, and sandy clay with traces of gravel. The sand layers within the depth ranges explored tended to be loose. The upper p.o .r~_'on of the fine grained (silt and clay) soils was soft to firm, but it became stiffer with increasing depth. See the individual boring logs for more detailed soil descriptions. The soils encountered in our soil borings were generally consistent with those found in previous explorations by others. 3.3 Groundwater Conditions We observed free groundwater in all five of our borings, at depths of 4.9 to 13.2 feet below ground surface, corresponding to elevations 945.6 to 938.8 feet. The water elevation in the man- made pond on this property was 943.4 feet at the time of our exploration. Had the period of observation in some of our borings been longer, the water level would have risen to about 943.5 to 945 feet. Previous explorations by Subterranean Engineering in 1984 indicated groundwater elevations in the range of 945.2 to 949.9 feet. The drainage improvements made by the City of Prior Lake probably lowered the groundwater levels by several feet since then. An unnamed pond is located about 1500 feet southeast of this site, and has a water elevation of 946 feet. There is a wetland to the north of this property, with a stream that drains it to the west, to Prior Lake. This stream is about 800 feet north of the site under present study, and has a water -7- Bluff Heights Apartments STS Project 98374 elevation lower than 920 feet. Upper Prior Lake is about 3900 feet west by noathwest of the site, and has an average summer water elevation of 899 feet. Our interpretation of these data is that the groundwater we observed at this site is perched, and is retarded from downward migration by the low permeability clayey and silty glacial till stratum at depth. The perched groundwater level at this site will fluctuate seasonally and annually, depending primarily on climatic and precipitation conditions. - ~ -8- Bluff Heights Apartments STS Project 98374 4.0 ANALYSIS AND RECOI~/~IENDATIONS 4.1 Discussion · Some soil correction will be required throughout the entire apartment building and flee-standing garage pads, to remove upper fill, organic soils, and soft clayey silt. The excavated soil would then be replaced with controlled compacted fill. In our opinion, the structure can be supported on conventional spread footing foundations bearing on naturally occurring sand or silty sand which has been surface compacted and densified, naturally occurring stiff sandy and clayey silt or sandy clay, or on controlled compacted fill. The relatively shallow perched groundwater level at this site, at about elevation 943.5 and 945.5 feet, will affect the design elevation of the slab-on-grade floor. The upper soils which will have to be excavated to prepare the building and garage pads are generally unsuitable for reuse as structural fl11 or as pavement sub-base fill, and will probably have to be tracked off`the site. Good quality fill will have to be imported. At least two of the surface parking areas north of the east wing of the building encroach into soft organic soil areas associated with the drainage swale. At these locations, construction of surface parking lots would involve subcutting to 4 feet below design pavement grade, placement of a geofabric separator, covering this with granular fill, and then delaying the pavement for several months. 4.2 Site Preparation for Building In the west wing of the apartment building, a general excavation should be made to a base elevation of about 953 feet at the south wall line, sloping down to 945 feet at the north wall line. This excavation should be oversized by at least 6 feet laterally outside the wall lines. In the east -9- BluffHeights Apartments STS Project 98374 wing of the building, a general excavation should be made to a base elevation of about 953 feet at the west end, sloping down to about 943.5 feet at the northeast comer of the east wing. This excavation should also be oversized by at least 6 feet outside the wall lines. The soils exposed by this excavation will not be uniform in composition, and will include silty sand, clayey sand, sand, and sandy and clayey silt. The exposed subgrade should be thoroughly rolled and surface compacted. If soft or robbery zones are detected during this rolling, they should be additionally cut out, and replaced with imported sand fill. The rolling should continue until sandy soils reach a density of at least 100% of the Standard Proctor dry density, ASTM D-698, and clayey or silty soils reach a density of at least 95% Standard Proctor. The fill used to reach design subfloor level should be an imported pit run sand. Sand fill should be placed in 8 to I0 inch loose lifts and compacted to 100% of the maximum Standard Proctor dry density. For the free-standing, six-car garage east of the east wing of the building, an excavation should be made to remove the upper undesirable soils. We estimate that at the south end of the garage structure, this excavation would extend to about elevation 947 feet. However at the northeast comer of the garage structure, this excavation would have to extend to about 935 feet, which is below the groundwater level. The excavation should be oversized by at least 1.5 feet laterally for each foot of depth below footing level (1.5 horizontal: 1 vertical oversizing). The groundwater in the deep part of the excavation should be contxolled by pumping from a sump pit or series of sump pits. The soils at this site are generally not conducive to well point dewatering. The fill used to replace the subcut should be an imported sand having less than 7% passing the No. 200 sieve. The sand fill should be placed in lifts and compacted to 100% Standard Proctor dry density. -10- Bluff Heights Apartments STS Project 983 74 4.3 Foundation Recommendatione After the required soil correction, the apartment building and garage could be supported on conventional spread footings bearing on controlled compacted fill, compacted naturally occurring sand, or stiff naturally occurring silt and clay. The footings should be designed for a net allowable soil bearing pressure not to exceed 2,500 pounds per square foot. This provides a factor of safety of about 3 against shear or bearing capacity failure. - - Continuous strip footings under bearing walls should be based at least 3.67 feet (3 feet 8 inches) below outside finished grade for fi:ost protection, and should be at least 2 feet wide. Interior footings should be based at least 22 inches below the top of the floor slab, and should be at lea~ 4 feet wide. We estimate that total and differential settlements corresponding to our assumed stmcturai loads would be about I inch and 5/8 inch, respectively. Footings for the garage structure east of the building should be designed for a net allowable soil bearing pressure not to exceed 2,000 psf. · Since the garages will be unheated, these footings should be based at 4 foot depth below outside finished grade. 4.4 Ground Supported Floor Slab The recommended soil correction will provide appropriate support for the ground supported floor slab. We estimate that a subgrade consisting of compacted sand would have a modulus of subgrade reaction of 260 pounds per square inch per inch (poi). In our opinion, a vapor barrief will not be required below the floor slab. 4.5 Foundation Backfill The building footings should be backfilled with the same type of sand fill imported to prepare the building pad. The fill should be placed in 6 to 8 inch loose lifts, and compacted to 95% of the -11- Bluff Heights Apartments STS Project 98374 maximum Standard Proctor dry density. Foundation walls should be backfilled simultaneously on both sides, so as not to create unbalanced laterai stresses on the wail. Within 2 to 3 feet of the walls, compaction should be done with manually operated vibrating plate or sled type compactors. The use of large mechanical equipment close the walls could potentially damage them. 4.6 Exterior Pavement Area~ Based on a review of the previous and new borings, the pavement subgmde wi'Il ~onsist primarily of sandy and clayey silt, which is highly frost susceptible, and softens during the spring thaw. After the pavement areas have been graded to design subgrade elevation, they should be test rolled with a fully loaded dump truck. If soft or rubbery soil areas are detected, these should be subcut, and replaced with granular fill. A special condition exists at the locations of the 9 and 6 space parking areas north of the east wing of the apartment building and north of the garage. These areas are very close to the former drainage swale, and contain poor quality fill over peat soils. For these two specific small parking lots, we recommend a subcut to 4 feet below design top of pavement elevation, placement of a geofabric separator that conforms to MnDOT 3733 Type V, followed by placement of an imported select granular fill sub-base course, to design pavement subgrade elevation. For all of the surface parking lots and driveways at this site, we estimate that the prepared subgrade would have a stabilometer R-value of 9, and recommend that this be used for the pavement thickness design. For the two parking lots at the easterly end of the project, where the 4 foot subcut was recommended, we recommend that the installation of the pavement and concrete curb and gutter should be delayed at least several months, to permit some consolidation and settlement to occur prior to paving. -12- Bluff Heights Apartments STS Project 98374 4.7 Construction Considerations Some of the utility trenches serving the project, and the excavation for the soil correction at the north end of the detached garage structure may extend into the perched groundwater. This groundwater should be removed by pumping from sump pits in the deepest part of the excavation. The soils at this site are not conducive to well point dewatering. Under no circumstances should fill or foundation concrete be placed into standing water. - ~ 4.8 Winter Construction Only unfrozen fill should be used. Placement of fill and/or foundation concrete must not be permitted on frozen soil, and the bearing soils under footings or under the floor slab should not be allowed to freeze after concrete is placed, because excessive post-construction settlement could occur as the frozen soils thaw. 4.9 Construction Safety All excavations must comply with the requirements of OSHA 29 CFR, Part 1926, Subpart P "Excavations and Trenches". This document states that excavation safety is the responsibility of the contractor. Reference to this OSHA requirement should be included in the job specifications. The responsibility to provide safe working conditions on this site, for earthwork, building construction, or any associated operations is solely that of the contractor. This responsibility is not borne in any manner by STS Consultants, Ltd. 4.10 Field Observation and Testing We recommend that the earthwork and footing installations for this project be observed and tested by a geotechnical engineer or qualified engineering technician to determine if the soil and -13- Bluff Heights Apartments STS Project 98374 groundwater conditions encountered are consistent with those anticipated based on our exploration. Foundation subgrade should be tested to check for adequate bearing conditions. Subgrades for slabs, pavement and new structural fill should be test rolled and unsuitable areas improved. Fill placement and compaction should be monitored and tested to determine that the resulting fill conforms to specified density, strength or compressibility requirements. Structural materials should also be tested for conformance to specifications. STS would be pleased to provide the necessary field observation, monitoring and testing services during constmctiorr. ~ 4.11 General Qualifications This report has been prepared to aid in the evaluation of the building at this property and to assist the architect and/or engineer in the design of this project. The scope is limited to the specific building project and location described herein, and our description of the project represents our understanding of the significant aspects relevant to soils and foundations. In the event that there any changes in the nature, design or location of the building, the opirdons and recommendations contained in this report shall not be considered valid unless STS reviews these changes and modifies or verifies the recommendations of this report in writing. We recommend that we be retained to review the project plans and specifications to determine if the recommendations contained in this report have been interpreted in accordance with our intent. Without this review, we will not be responsible for misinterpretation of our data, our analysis, and/or our recommendations, or how they are incorporated into the final design. Because of the possibility that unanticipated subsurface conditions may occur, we recommend that a "Changed Conditions" clause be included in the contract with the general contractor and subcontractors involved in the foundation installation, earthwork, and general construction. The inclusion of this clause will permit contractors to quote lower prices because they will not need contingencies for unanticipated conditions. Providing for equitable adjustments to cost and schedule for verified changed conditions will generally reduce delays, unnecessary costs, conflicts and litigation. - 14- BluffHeights Apartments STS Project 98374 Experience demonstrates that a partnering approach between the owner, architect and contmeto~ usually allows the most timely, cost-effective and risk acceptable actions to be taken to remediate a changed condition. Furthermore, a prompt investigation of changed conditions and prompt communication of f'mdings helps to reduce the immeuse problem of trying to present facts if a dispute develops. In the event that the owner and contractor do not agree that a changed condition exists, we recommend that a mediation/arbitration procedure be pursued. If you-a,~ish, we would be pleased to furnish additional information pertaining to this procedure. A suggested wording is given on a separate sheet entitled "Changed Conditions Clause" in the Appendix. We have made a good faith effort to interpret soil boring data collected by other fnmas. We are nor responsible for the accuracy of their data, including bering locations on the property. -15- BluffHeights Apartments STS Project 98374 5.0 STANDARD OF CARE The recommendations and opinions contained in this report are based on our professional judgment. The soil testing and geotechnical engineering services performed for this project have been conducted in a manner consistent with that level of skill and care ordinarily exercised by other members of the profession currently practicing in this area under similar budgetary and time constraints. No other warranty, express or implied, is made. -16- APPENDIX 1. STS Changed Condition Clause 2. Boring Location Diagram 3. Boring Logs 4. STS General Boring Log Notes 5. STS Soil Classification System 6. STS Field and Laboratory Procedures Subsurface Exploration Procedures Sampling Procedures Laboratory Index Test Procedures 7. STS Standard Boring Log Procedures 8. ASTM Specification D-1586 9. STS Subgrade Protection Guideline 10. STS Subgrade Stabilization Guideline 11. STS Earthwork Guideline STS Changed Conditions Clause DIFFERING SITE CONDITIONS The following is a suggested standard clause for unanticipated subsurface conditions: The owner had a subsurface exploration and testing program performed by a geotechnical consultant. The results of this program are contained in the consultant's report. The consultant's report presents conclusions on the subsurface conditions based on their interpretation of the data obtained in the exploration. The contractor acknowledges .th~.t they have reviewed the consultant's report and any addenda thereto, and that their bid for earthwork operations is based on the subsurface conditions, as described in that report. The contract parties recognize that a subsurface exploration does not disclose all conditions as they actually exist and furt~r, conditions may change, particularly groundwater conditions, between the time of subsurface exploration and the time of subsurface construction operations. In recognition of these facts, this clause is made part of the contract and provides a means of equitable ,additional compensation to the contractor if adverse unanticipated conditions are encountered and found to be materially different than reasonably expected as represented in the contract documents. If at any time-during earthwork, paving, foundation, and underground.construction operations, the contractor encounters conditions that they consider to be materially different than those anticipated by the geotechnical Consultant's report, contractor shall promptly and before such conditions are disturbed notify the owner's representative in writing of the condition and shall explain: (1) how subsurface or latent .physical conditions at the site differ materially from those indicated in the contract, or, (2) what unknown physical conditions were encountered that are of an unusual nature and differ materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in this contract. The owner's representative will promptly initiate an investigation of the alleged differing site conditions. The contractor will provide access to the conditions and fully cooperate with the investigation. Upon completion, the owner's representative will issue a findings report with a recommendation on merit. Conversely, if owner's representative observes subsurface conditions which are different than those anticipated by the foundation consultant's report, he will also promptly notify the contractor. If a differing site condition claim has been found to have merit, negotiations will commence between the owner and the contractor to arrive at an equitable change in contract price for the necessary additional work or for reduction in work because of the unanticipated conditions. The contractor agrees that unit prices listed in the bid are applicable in computing equitable adjustments for additional or reduced work under the contract. For changed conditions for which unit prices are not listed, the additional work will be paid for on a time and material basis. I I G.A.M. Management Corp. OWNER LO~ OF BORING NUMBER STS-A I ~'~'~fC~eiN~ts Apartments ARCHITECT-ENGINEER Franklin Trail & Brunswick Ave. SE, Prior Lake, MN DESCRIPTION OF MATERIAL SURFACE ELEVATION +952.0 NGVD O~Janic sandy and ciayey silt - brown-black - firm - (OL) Sandy silt, trace clay - brown - damp - loose - (NIL) Sandy and clayey silt - gray, rust leaching - soft to firm - (ML-CL) Sandy clay, trace gravel - gray - stiff- (CL) End of boring at 22.0 fi. Boring backfilled with ;;utfings The stratification lines represent the approximate boundary lines between soil types: in situ, the transition may be gradual. 16.5 fi. ACR 7/26/01 13.2 fi- 2 hrs. AB 7/26/01 CME-7501GD STS OFFICE Minneapolis Area. 06 E NTERE DDI~ SHEET NO. I OF APP'D BYMM STS JOB NO. 98374 i1 OWNER LOG OF BORING NUMBER STS-B G.A.M. Management Corp. s-ra c~r,=~ Ltd. Bluff Heights Apartments Franklin Trail & Brunswick Ave. SE, Prior Lake, MN i ,~, LIMIT % CONTENT % LIMn- ~ DESCRIPTION OF MATERIAL X-- -- -- --O -~, ~. ; ~: SURFACE ELEVATION +950.5 NGVD '~ ~33 PENE'n~ATION BLOVVS/F'r. ~_ Organic sandy and cJayey silt - black - finn - (OL) SS 2 SS t.3 ~).U H.~ Silty sand and sandy silt, trace gravel, gray-brow~, w~t- loose _[' ~'5 _- (SM'ML) 3 SS Fine to medium sand, trace gravel - brown - saturated - loose - (SP) Sandy ~ay, trace grail ~ gray.town - sott - (Ct_) HS Ii a.0 7 $$ I Sandy and clayey silt - gray - saturated - medium dense to stiff - (ML-CL) HS 8 SS ~ .)6.5 Sil~ fine to medium sand, trace gravel o gray - saturated o HS medium dense - (SM) 9 SS 'J- End of boring at 30.0 ft. Boring backfilled with cuttings. The stratification lines represent the approximate boundary lines between soil typ~s: ie situ, the transition may be gradual. wi. 4.gft. BCR BORINGCO~PLETE.~26101 ENTEREDDBi~ SHEETNO. '1 OF 1 wt. EtG~FOREMAN APP'D BY STS JOB NO. CME-7501GD MM 98374  OV~NER LOG OF BORING NUMSER STS-C G.A.M. Management Corp. PROJECT NAME ARCHITECT-ENGINEER s'rs co~.~ L~d. Bluff Heights Apartments SITE LOCAT1ON UNCONFINED COMPRESSIVE STRENGTH Franklin Trail & Brunswick Ave. SE, Prior Lake, MN ~ 2 3 4 s ~ ~ i SURFACE ELEVATION +953.9 NGVD J..[ FILL: Sandy and clayey silt, trace gravel and raots, lenses fine 1 SS sand - brown - stiff to medium dense - (ML-CL, lenses aP) HS! '~6 2 SS -- - I SS I .[ Organic sandy silt - black - moist - medium dense - (OL) 4 SS loose - (SM) -L 11.8 Clayey silt, t~ace gravel - gray- firm to stiff- (ML-CL) ]; ?' HS ~ / iiC 17.5 Sandy ctay, trace gravel - gray, rust leaching - firm - (CL) 9 1 22.2 Clayey fine Sand - gray - saturated - loose - (SC) X HS Sandy clay, trace gravel - gray - firm to stiff- (CL) 9SSl Zb,u 25.0 *Cai txated Penetz )mete~ End of bodng at 25.0 ft, Boring bac~'fitled with cuttings. The stra{ification lines represent the approximate boundary lines between soil types: in situ, the transition may be gradual 7.5 ft. WS 7/26101 Minneapolis Area - 06 8.5 fi. ACR 7/26101 DN ~1 1 W~. RIG~ORENt&N APP'D aY STS Joa NO.  OWNER LOG OF BORING NUMBER STS-D G.A.M. Management Corp. PROJECT NAME ARCHITECT-ENGINEER sTs con~aa.~ ~ Bluff Heights Apartments Franklin Trail & Brunswick Ave. SE, PHor Lake, MN ~ ~ PLAS'nC W^~E~ UQU~O ! FILL: Sa~y and ~ayey siE - gmy~. mst ~a~ing - damp SS - m~ium ~e to st~- (ML~L) ~ FILL: Si~ sand ~h gm~l - b~ - humid - ~ium de~ 2 SS (SM) - O~anic sa~y siE - b~la~ - damp - loose - (OL) 3 ss J° HS O~anic Sandy ~ay - b~ - ~t - soft - (OL) zu.u ~7 ~ 26'0 andy y, m~ ravel - ~ CC S cia g graY- fi~ - (CL) HS find of ~ofin~ at 30.0 ~. Th~ *tmt~tion line~ represent ~ appmximat~ ~unda~ Iin*~ ~n ~oil ~: in ~Ru. the tran~ion may ~ ~mdual. 9.2 ~ WS 7~6101 Minneapolis Area - 06 CME-7501GD MM 98374 i OWNER LOG OF BORING NUMBER STS-E G.A.M. Management Corp. PROJECT NAME ARCHITECT-ENGINEER STS C~..~t~t~ UU. Bluff Heights Apartments UNCONFINED COMPRESSIVE S?RENc~-rH BITE LOCATION Franklin Trail & Brunswick Ave. SE, Prior Lake, MN = SURFACE ELEVATION +948.6 NGVD E m ~ PEk~n~ATIO~ BLOWS,~-T. 1 SS J- FILL: Sandy and clayey silt, trace fine roots and organk;s, lenses sand - gray-brow~ - humid - stiff to loose - (ML-CL, lenses BP) 2 SS . 1.6 t).U m~ Organic clayey silt. mollusk shell fra§r~,=.L~ - blac~ - soft - (OH) Organic clayey silt - gray~blac~ - vary aoft - {OH) dense - (SC-SM-SP) HS HS 9 SS Boring backfilled with cuttings. 69.7 83.~5 · ! { E !P ~ T .ELEV. I ! TEST -HOLE LocAT ON Se__e $ite_.P_l._an., D. ra...w_%_n._q No.1 HOLE ADVANCED BY- 7_5o..d...hollow--~+~ m,~.~r · .C,G~E D BY--B. S- .-~--~o F' ·DATE Feb. 2, 1984 NO. BLOWS PEK FOOT DESCRIPTION 10 20 30 40  :. : ,fine to coarse ' trace qravel (CL)SI.~ Soft. -' - ~lack,mildly cla' ,.'' '~ ...... ~oots, wood chips ( ' .~lastic,Wet, skiff to tough. Grey,cla_~ to meT~_um sanc ~.zg.~ ' t" i(SC)Saturated,-Loose- ...']~rey,cla_q~_a~ fine sand,seams ~ clay (.SC,sea.-~CL)Sat. plastic to non-plastic.Loose .-.':' G~ey]silty.fine sand,seams "! sandy silt '(SM-ML) Non-plastic .. Saturated, Loose- Li%~ht brown, fine to coarse sand a little crave], (SP) Saturated, Medium dense. fine .; .......... ; Grey and black, silty fine sand ' : seams 'sandy silt (SM-ML) i ': ...... i'' 'i. Non-plastic, Sat. Medium dense. D' LOCATIO-~ E P' HOLE A~VXN, T LOGGED ]LL/L'-[ ]:'%] ........ ; upon 10 20 30 40 NO. BLOWS PER FOOT I'~..~ "! _ ~..~._.; ........ ~oring Te~inated at 25 feet. , ' ~ : NO Refusal. i'""-F'"'T ........ ~ -i : ,. ., ..... "NOTE: .Free gr~nd water first , .;encountered at 3.5 feet depth ' :" : 'and at 2~5 feet depth 3 hours i ' ' ' later..Hole caved to 4 feet removal of augers. ELEV. NO. BLOfl,~ ~[ FT. 0 ~ · · r .... 7'. -'!. L I .! i I I, 1 T I H EI..EV. I FT. I i TEST HOLE NO. LOCATION c~,,~. _c'~,'~ 1~!=r~' HOLE ADVANCED BY LOGGED BY R c:: - .'r ~.. bo]low ~tem auoer DATE February lr1984 NO. BLOWS PER FOOT DESCRIPTION 10 20 30 40 · 5 feet Fill: Yell.ow-brown, fine· sandy silt,trace roots (ML-OL) Non-plastic,Moist,Stiff to tough. Fill: DR.grey-brow~,fine to ~_.._~!.._.; ~ .medium sandy clay,trace ~ravel (CL)Sl.plastic, Wet, Tough. .;. Ye] low brown & ~.rey · ~ fine to medium .j..~ .i!~.~. sandy~si]t (CL-ML)'Sl.plastic, -~-~~a-~.iBlack, mildly organic clayey , : i :--a'*''! ...... :!" --T~.silt (OL) Slightly Dlastic, ~ . :~ . ' i : Lff tO tou~h. .: !.....--~ :...i -- -4. ' : ' i l'~ ~ t . ' . - '~+] [J :~" [2~Grey add black, or___~anic .silt, : , ' '!~- .,1 - "~ .......... - ~ ' ~ Imollusk shells, s~on~.y (OH) i' ' ;!".-'?J:'!';!Wet to saturated, Ve~, soft. · :--t ..... -~ ..... ' : ~,--i--14wi th seams well decomDos'ed (Pt) near 20' 10 20 3G 40 NO. BLOWS PER FOOT -D P T ELEV, TEST- H( LOCATION _ HOLE .ADVa LOGGED E4 NO. BLOYt*S 0 10 0 - 10 NO. -'" TEST '::':HOL E NO~'A r ~ntinued) ~'~: T - T ~ .... T '- ~ 1 ~]9~ H LOGGED' -BY B ~ - ,T F ~TE ~e~ ' 4 H L, ~ E~. NO. BLOWS PER FOOT ~. 0 1~:% 20 30 40 -. FT. 0 ~'-~ ~ ' --2;-i (OH) We( to saturated, Very ~ouqh. ~ ~ soft. " ~ey-Drown ~ ~ ~_-- ~ ' . . ..... _ . :. to. medium a_n..e. . J 5--~~7~?~OTF: Free ground water first J ~' ' ~'~ ..... /!epcounte~ed at 15.5 feet depth ~. t.--+=7~--~ .... ~a~a at .... eet ~ aay:later. J t-' ...... 7~'''~': .... ~-- -!Hole caved to 9 feet upon . ~ NO. BLOws PER FOOT t Si LOCA HOLE LOG~ .oL D LOCATION See Site Plan, .p HOLE ADVANCED BY 7"o.d. T ',.C, GGED BY H.H. - L.D. .H :v. NO. BLOWS PER FOOT FT. 0 10 20 30 40 Drawing No. ] hollow stem auger DATE 'Auc~ust 30,1984 DESCRIPTION D P T H "['EST HbLE 'LOCATION See HOLE ADVANCE[ ~,C~GE D BY H ' NO. BLOWS PE 1o .20 ' - Drown, y organic i silty san___~d,trace roots (SM-OL) Moist, Very. loose. Brown,. clayey fine sanor ~ravel (SC) Moist to wet, Very loose.. Green-brown fine to coarse sandy clay, trace ~rave[ (CL) Slightly plastic, Tough. Seams fine sandZ silt (~) and fine to coarse sand (SW) ;fey,fine to coarse sandy clay, trace ~ravel (CL) Slightly ~lastic, Tough. .' ~ Te~-minated at 21 Refusal. 'E: Free groundwater at 12 feet depth. Hole caved 12.5 feet upon removal of augers. o lO 20 30 40 NO. BLOWS PER FOOT 0 : · 10 20 ,NO BLOWS PER .... TEST H~)LE D LOCATION See · E p T H $±te ?lanr'Draw£n~ No.! ' '". D -' HOLE ADVANCED BT. 7"o.d. hol16~ 's~em auger ... E P . T LOGGED ST H.H. - L.D. ' DATE AU~US,~ 50,1984 H NO. BROWS . PER FOOT · :: '~" . . ., ~ DESCRIPTION ELEV. 10 .20 '- 30. .40 ,' '.; -..' --." '~'~ . "FT. .' '".. '"" '" ": '~"-- :":' ; ' Z' · ,Y :~n~.c . . si/t~' fine sand,tz-ace claY, roo~.: ~-s~-q~)..~.oist, ~ery .loosel '. ''~ '- ..... ~ - - , ~.- Brown,,'Tclayey .f%ne".tc coarse -sahd.;-; to. sandY..clay (SC~C~) ,- ~oist ~o-wet,'5oose. : ' / Gre~'brown ;: !fi~e. ~0 medium __ traces' <blaF. ;& silt ~SC-SM) . - Wet t6 saturated, Loose. Grey~-claye~ s&~t (ML) -':'-iE Non-plastic;! Soft to tOugh. ~D'~. -s~~m. ~i~tX sand. (S~) ./': ' 14'-- seam,mitdly-or.~anic ?laye~ sil~ .(OL') .- :'" · ""-'- '~;';' '" : -~ -i. Borin.g-iT, erminuated a~ ,2'1~ ~ feet ' · No' lq~f-usa'l.':, ':, .'. . .'' ·. ." NOT~:..~ree. ~rbundwater at.,; '.;- 7 feet dept~. Hole 'c~ved' to 16 feet upon', removal of' augers.. : , ] ].,: .... . .,:! - .. ·., .f. . . . ..... ',-;.. ' '{l" :..:: :." d j.,'.:" · ..B.9.' ". '" TEST-:;.' HOLE [COAT'tiN See HOLE ADVANCE· LOGGED BY T~ 0 ~0 20 0 lO ' 20 ~ · ' TEST.:'~;.'HOLE.'. 0 -,10 : ." "' ' TEST ' "' D- LOCA¥~6NSee S'ite P~an, Drawi~q No.1 " ~D ~ HOLE ~DVAHCED ;~Y 7"o.d. hollow .stem auger E ~ P HOLE .AD ' EL~. NO. BLOWS PER FOO~ · DESCRIPTION EL~ NO. BLO · . '~. 0 10 ' 20 30 a0 ' ~ DFT. 0 10 Illllt .- ' ~' . ~ IIIil11111 II ' ~ ~ . I ~ ' ' '~ ~ ~on-plastic, Moist, -Soft. . ~m I I I ~ I t I I I I{ I I I t:~lightly plastic,.~.~ugh. - : I I {'1't I t } 1-'1 I ~E: F.ree ground dwater at : . " ' I I! , · ~rilling, Saturated sand seam ' ' ' : fill I I II I { t II1'1 l{ { I It I I 118.5 feet upon 'removal, of. augers, , 0 10~' 20 30 40 ' ' 0 10 NO. BLOws' PER COOT NO. BLO1 sand st 'to -- il~e . jeer. at TEST HOLE' NO D LocATION .~e~ ~if~ ]~l~_ P HOLE ·ADVANCED By..7 o.d. T H . LOGGED BY H.t~. - LtD, ~ NO. BLOWS PER. FOOT '-FT. 0 - 10 20 30 40 hollow stem ~uaer DESCRIPTION. xed Fill: Brown & grey ~ (CL), ~ sand '(SM) and ' or~c sand[ silt, (OL) Moist, Slightly )lastic, Soft to' st~ff. NO.. BLOWS PER F'OOT Black,-~i}dly organic fine to medium sandy c!__~, trace· roots. (OL) Slightly PlastiC, Soft. ' Grey, clayey ~ine .sand a~d Ailt¥ sand, trac9 ~ravel (SC-SM Wet to sa.turated,'' Loose, Brownt fine 'to .coarse .sand, ~ravel (SW) Saturated. Loose.· Grey, fine to' coarse .sand~'__ Slightly.. g Terminated at 21 feet. N-TE:O .... .Free-g'.roundwater at 8.5 feet~ depth. ~ole cav%d ~o ' ~'' ll'feet Up'on )removal of trace '~ravel .(CL) plastic;- Stiff. PROJECT C~N] PI s~rt~ PRIOR ] F o E ~UN CR~ OUR .JOB NO. 1 N D.EX ' ~J 'ORGANIC ' ] CLAY [] (~RGANIC .-' SILT · ~SAND '~ GRAVEL J~B~D ROCK. · W^T. ER -; LIQUID LIMIT--~ CONSULTING TEST BORING LOG NO. B-I Project No. 001-O023-5372 Sheet t of 1 CMENT ARCHITECT/ENGINEER Maureen Juaire SITE 16630( Franklin Trail PROJECT Prior Lake, Minnesota Proposed Multi-Family Development Scott Count~ SAMPLES TESTS uJ uJ Dynamic penetration testing from O to lS feet ~ ~ = ~ ~~- ~u~ ADDmONALDATN :~ ~ uJ ,','m ~ o[u ~' REMARKS SILTY SAND (SM-OL), moist, very loose, dark ., brown to blac~ (-topsoil) - WOH I DPT 2.0 CLAYEY SAND (SC), very loose to medium -- dense, brown 11 DPT 4.0 CLAYEY SILT (CL-ML), lenses of sand and -. * lean clay, very soft to soft, brown to gray 5 - 2 DPT ~ - 2 DPT 3 DPT 4 : DPT 12.0 SANDY LEAN CLAY (CL), soft, gray ~/~,~ -- 7 DPT 7 : DPT 15.0 End of Boring 15- WATER LEVEL OBSERVATIONS STARTED 4/16/01 FINISHED 4~16101 WL ~ None 4:3o Geo Engineering Consultants, Inc. oRlu_co. Geo Eng DR~LLR~(~ 54DT P.O. Box 21490 WE :[Cave In 10,-'""'"-~'",,~tdlinn~nnlic, MN vw,.,~, USA DRILLER SO ASSq' DRILLER AS WL ~ LOGGED BY SO/AS APPROVED ; TEST BORING LOG NO. B-2 Project No. 001.4)023-5372 Sheet t of 1 CLIENT ARCHITECT/ENGINEER Maureen Juaire SITE ¶66XX Franklin Trail PROJECT Prior Lake, Minnesota Proposed Multi-Family Development Scott County SAMPLES 'rEsTs DJ DJ! SurfaceElev.: o m z ~: Az ~ c~o. SILTY SAND (SM-OL), organic day, very soft, .'-'., dark brown to blac~ (Topsm'D/ ,, _ :~ j 1 DPT 2.0 CLAYEY SAND (SC), very loose, brown~' -- -- 4 DPT 5-- 3 DPT 6.0 CLAYEY SILT (CL-ML), lenses of sand and - clay, very soft, brown to gray 1 DPT i I DPT SANDY LEAN CLAY (CL), very soft to firm, 1 DPT gray 2 DPT 15 -- 3 DPT 3 DPT 20 8 DPT 9 DPT End of Bodng WATER LEVEL OBSERVATIONS STARTED 4/16/01 FINISHED 4/16/01 VVL -~ None 3:55 Geo Engineering Consultants, Inc. DRILL CO. Geo Eng DRILL RIG 54D'r P.O. Box 21490 wi. :[Cave In lO---. -- ,-----MinnP-ar)c)li-~, MN _____.55421, USA DRILLER SO ASSq' DRILLER AS WL ~. LOGGED BY SO/AS APPROVED ] ] l ] l I 1 l 1 1 Project No. 001-0023-S3?Z TEST BORING LOG NO. B-3 CLIENT Sheet I of ARCHi'i ~u ~/t~NGINEER Maureen Juaire S~TE t 66XX F~nklin Troll PROJECT Prior Lake, Minnesota Proposed Multi-Family Development Scott County SAMPLES TESTS Dynamic penetration testing from 0 to 19 feet ~ I- z.~ u~ ~ ~ ADDmONAL v ~ m ~ o m z uJ DATN ~- ~ --- w ,~'LU ~ m REMARKS Surface Elev.: .-, ~ · · o - SILTY SAND (SM-OL), organic lean day, very soft to soft, dark brown to black -- 2 DPT 4.0 7 DPT CLAYEY SILT (CL-ML),-lenses of sand, very soft, brown to gray $- 2 DPT 2 DPT WOH DPT 10-- 12.0 WOH DPT SANDY LEAN CLAY (CL), very soft to soft, / -- gray 4 DPT 15-- 3 DPT 5 DPT 19.0 5 DPT WATER LEVEL OBSERVATIONS STARTED 4/16/01i FINISHED 4/16/01 WE ~ None 3:25 Geo Engineering Consultants, Inc. P.O. Box21490 DRILLCO. GeoEng DRILLRIG 54DT WL Y-Cave In ~,WL -7- Minneapolis, MN 55421, USA DRILLER SO ASS'TDRILLER AS LOGGED BY SO/AS. APPROVED Project No. 00t-0023-5372 TEST BORING LOG NO. B-4 Sheet 1 of 1 CMENT ARCHITECT/~-NGINEER Maureen Juaire SrTE 166XX Franklin Trail PROJECT Prior Lake, Minnesota Proposed Multi*Family Develqpment Scott County SAMPLES TESTS Dynamic penetration testing from 0 to 19 feet ] ~ ~, - ~ ADomoNAL -" 3: [u ~ uJ ~ ,'~ ~ REMARKS Surface Elev.: ) ~m a= z ~__E~i~° c~c~C° c~,,~-- SILTY SAND (SM-OL), moist, very loose to loose, dark brown to blac~ _ 2 DPT 7 DPT 4.0 CLAYEY SAND (SC), very loose, brown to -- gray 5-- 2 DPT 2 DPT I DPT 11.0 SILTY SAND, layers of lean ciay, fine to 1 DPT medium grained, waterbea~ng, very loose to loose, gray 6 DPT 6 DPT 8 DPT 19.0 7 DPT End of Bodng WATER LEVEL OBSERVATIONS STARTED 4/16/01 FINISHED 4/16/01 WL ~- 2.0 3:OO Geo Engineedng Consultants, inc. DR~LLCO. Geo Eng DRILLRIG 54DT WL -T-Cave In 4 P.O. Box 21490 WE ~: Minneapolis, MN 55421, USA DRILLER SO ASS'TDRILLER AS LOGGED BY SO/AS APPROVED ] ProjectNo. 001.0023_5572 TEST BORING LOG NO. B-5 · CUE~~ ARCHITECT/ENGINEER Sheet 1 of 1 Maureen Juaire I SITE 166XX Franklin Trail I PROJECT Prior Lake, Minnesota I Proposed Multi-Family Development Scott Counb/ - I J S.~/IPLES c~ TESTS Dyllamicpenetrafiontestingfrom0tolgfeet J ~ I ~ ~- '~ ~ ~ ~ AD I~: J ~' ~ ~ :>O© ~ mZ UJ DAmN I5 IF ~ ~ u~ ~u~ ~ ~ ~.~ REUARKS Surface Bev- I ~ I ~ ~ ~ ~ ~ 0 *'0 =5 " I ~ I ~ m z I- .4_ ~ Qg- oa. SILTY SAND (SM-OL) organ c clay, very l:'..-.y/-~ ' I!'~ i 4 DPT 9.0 . _ SIL'CC SAND, layers of lean cla~~.... --5 DPT grai.ed...ate .. , very ,0- -" ~7.o .i' :.; :.: - _ SILTY CLAY (CL-ML), very soft to soft, gray ~ i 4 DPT .. - . 19.0 End of Boring ~ _ 5 DPT WATER LEVEL OBSERVATIONS STARTED 4/16/01 FINISHED 4/16/01 WL ~ None 2:40 Geo Engineering Consultants, Inc. P.O. Box21490 DRIU_CO. GeoEng DRIU. RI6 54Dm Wi. -?-C ave In 2.3 WE :[ Minneapolis, MN 55421, USA DRILLER SO ASS'TDRILLER AS LOGGED BY SO/AS APPROVED TEST BORING LOG NO. B-6 Project No. 001-0023-5372 Sheet t of CLIENT ARCHITECT/ENGINEER Maureen Juaire Sn'E t66XX Franklin Trail PROJECT Prior Lake, Minnesota Proposed Multi-Family Development Scott County SAMPLES TESTS Dynamic penetration testing from 0 to ¶ 5 feet o. ~ ~' m DArN ~: ~o m ~ ~ ~ LU o '~ REMARKS Dual tube sampling from 0 to 8 feet Surface Elev.: FILL - Mostly sandy clay, brown DT 24/48 -- 50% 1 DPT 3.0 ORGANIC CLAY (OL), very soft, blacg -- 2 DPT DT 24/4~ 50% 5- 2 DPT 6.0 _ SAND (SP) with a little gravel, lenses and layers of sandy clay, fine to medium grained, _ waterbeering, very loose to loose, brown 2 DPT -- 5 DPT 10-- 4 DPT 9 DPT -- 8 DPT 15.0 End of Boring 15- WATER LEVEL OBSERVATIONS STARTED 4/16/01 FINISHED 4/1 (~/01 WL ~ 3.0 1:~0 GeD Engineering Consultants, Inc. DroLL CO. GeD Eng DRILL RIG 54DT P.O. Box 21490 WL -T-Cave In 4.-..-. r-..Minneanrdis, MN _v--.-~R,~t, USA ORILLER SO ASST DRILLER AS WL ~.- LOGGED BY SO/AS APPROVED ISOPIERTM Foundation Company, Midwest TM Soil Reinforcement for Foundations and Slopes March 8, 2002 Mr. Greg McLanahan Evergreen Real Estate Corporation 5212 Hope Street Prior Lake, Minnesota 55372 Preliminary ' · ® · · Cost Estimate- Geopter Soil Reinforcement Bluff Heights Apartments Prior Lake, Minnesota Dear Mr. McLanahan: We are pleased to submit this preliminary cost estimate to support the Bluff Heights Apartments building on Geopier-reinforced soil. This proposal includes general information on Geopier design and construction, a summary of the available project information, the Geopier design for your project, and a preliminary cost estimate. In our opinion, the Geopier system has a number of advantages over conventional excavation- replacement and pile foundations, including the following items. · The Geopier system does not require dewatering or extensive lateral oversizing, both of which would be needed for conventional soil correction. · The on-site soils contain organics and are likely to be unsuitable for re-use as backfill, requiring import of additional select fill for the soil correction alternative. A conventional floor slab on-grade and normal strip footings can be constructed after Geopier soil reinforcement, instead of costly structural slabs, pile caps and grade beams required by pile foundations. · A relatively high bearing pressure (3,500 pounds per square foot) may be used to size the footings supported by Geopier elements. WHAT IS THE GEOPIER SYSTEM? The Geopier system is an intermediate design-build system that is commonly used to support buildings as a cost-saving alternative to soil correction and deep foundations (piles and caissons). We install the Geopier elements by drilling 30-inch diameter holes, and ramming thin lifts of well-graded aggregate within the holes to form very stiff, high-density aggregate piers. The drilled holes typically extend from 10 to 20 feet below grade and 7 to 16 feet below footing bottoms. The first lift of aggregate forms a bulb below the bottoms of the piers, thereby pm- [] Greg d. Gear, RE., Manager, 5020 Grand Ave., W Des Moines, IA 50265; Ph. (515) 221.9291 Fax (515) 221.9683 Email struceng@msn.com E] Henry Feeken, Manager1370 N.W. 141st Drive, Clive, IA 50325; Ph. (515) 223.9326 Fax (515) 225.4483 Email geopierl @msn.com ~/~teve Megivern, P.E.426 SE Trilein Drive., Ankeny, IA 50021; Ph. (515) 964.5674 Fax (515) 964.5636 Email geopiermidwestOnetscape net ~r Char es M. AIIgood, Jr., RE., 5818 Admiral Lane, Minneapolis, MN 55429; Ph. (763) 592.5340 Fax (763) 592.5339 Email geopiermnwi@uswest, com Preliminnry Cost Estimate Bluff Heights Apartments GFC No. P02-PUM-00287 stressing and pre-straining the soils to a depth equal to at least one pier diameter below drill depths. Subsequent lifts are typically about 12 inches in thickness. Ramming takes place with a high-energy beveled tamper that both densities the aggregate and tbrces the aggregate laterally into the sidewalls of the hole. This action increases the lateral stress in surrounding soil; thereby further stiffening the stabilized composites soil mass. The result of Geopier installation is a significant strengthening and stiffening of subsurface soils that then support floor slabs and high-capacity footings. Geopier designs are based on a two-layer settlement analysis as described by Lawton et al. (1994) and in our Geopier Reference Manual. Settlements within the "upper zone" (zone of soil that is reinforced with Geopier elements) are computed using a weighted modulus method that accounts for the stiffness of the Geopier elements, the stiffness of the matrix soil, and the area coverage of Geopier elements below supported footings. Settlements within the "lower zone" (zone of soils beneath the upper zone which receives lower intensity footing stresses) are computed using conventional geotechnical settlement methods. PROJECT DESCRIPTION The project will consist of an L-shaped, three-story apartment building of wood frame construction. There will be a combination of parking stalls and residential un/ts on the main level. The building will have perimeter bearing wails and two rows of interior bearing walls on each side of a central corridor. Although the structurai loads are not yet available, we estimate that the bearing wall loads could range fi'om 3.5 to 5 kips per lineai foot. The live floor load would be 100 psfor less. The design floor elevation will range from 960.9 to 961.4 feet. Based on these elevations, a slight lowering in grade will be needed in the southwest building pad comer, and up to 10 feet of fill will be necessary to create the building pad near the existing pond. You provided soil boring logs from STS Consultants, Ltd. and Geo Engineering Consultants. The borings encountered a variable soil profile of topsoil, organic silt, existing fill, clay and silt. The penetration resistances indicate that most of these soils are loose and soft. Groundwater was encountered between elevations 944 and 948 feet. GEOPIER DESIGN FOR BLUFF HEIGHTS We propose to support the building floor slab and foundations on Geopier-reinforced soil. We plan to install the Geopier elements working from existing grades after clearing and grubbing. Once the Geopier reinforcing elements are installed, the necessary building pad fill can be placed and compacted as recommended by the geotechnical engineer (STS Consultants). With this work approach we will be supporting the building weight and the necessary building pad fill with our reinforcing elements. Preliminary Cost Estimate BlulT Heights Apartments GFC No. P02-PUM-O0287 Based on our load testing and design experience with similar materials, a Geopier element a stiffhess modulus of l l0 pci and a cell capacity of 50 kips may be assigned to each pier. The cell capacity is defined as the load-bearing capacity of an individual Geopier element along with the improved soil adjacent to the element. We will perform a modulus test in the field to verify the design stiffness assumption. Since a Geopier element capacity is developed from skin friction with the improved soil around the pier, it is not necessary for our system to extend to a "stiff' end-bearing layer. We plan to create shaft lengths of approximately 10 feet below present grades, and deeper where necessary to completely penetrate the existing fill and organic soils. It may be necessary to use temporary steel casing to keep some of the Geopier shafts open during aggregate placement and compaction, and we have included this in our estimate. The load-bearing walls should be designed as conventional strip footings bearing over the Geopier-reinforeed soil. The footings should have a minimum width of 24 to 30 inches. We will work with your structural engineer to design efficient footing dimensions to accomplish the load transfer. Our analysis indicates that post-construction settlement of the Geopier- supported structure will be 1-inch or less. The floor slab may be a conventional concrete slab-on-grade. In our opinion, the slab should have a minimum thickness of 5 inches. There is no special reinforcement needed for the slab, other than welded wire fabric or fiber mesh for temperature/shrinkage control. We estimate that the floor reinforcing piers will be spaced in an approximate 12.5-foot by 13-foot grid pattern beneath the slab. We will provide a full-time Quality Control person with our installation crew to perform the modulus test, and to document the production pier installation and perform tests, including Dynamic Cone Penetrometer (DCP) tests on compacted aggregate lifts. STS Consultants should provide Quality Assurance testing and observation services for the Owner. Based on the grading plan, we have developed an approximate quantity take-off for the spacing and number of Geopier reinforcing elements. We estimate that 204 Geopier elements will be needed to support the exterior and interior load-bearing strip footings, and 62 Geopier elements will be needed to reinforce the floor slab subgrade soils (total of 266 piers). It is important to note that most of the footings will bear directly on new engineered fall placed over the Geopier reinforcing elements. The fill should be placed in thin lifts and compacted as recommended by STS Consultants. Preliminary Cost Estimate Bluff' Heights Apartments GFC No. P02-PUM-00287 COST ESTIMATE We estimate that the cost for installing 266 Geopier elements will be $140,000, including mobilization of the crew and equipment, pertbrmance of a modulus test, and preparation of the Geopier design and construction documents. The cost estimate does not include handling or removal of the drilling spoils. Because this site appears to be short of the necessary fill, the spoils could be used to help bring the landscape areas to final grade. The field layout of the Geopier elements would be the responsibility of the General Contractor, based on our engineering drawings. Peterson Contractors, Inc., the licensed open-shop Geopier installer for Minnesota, would perform the work. We carry Errors & Omissions insurance for our design work, and a certificate may be supplied upon request. SCHEDULE Typical construction rates average 30 to 40 Geopier elements per crew day. We anticipate a project duration of about 7 to 9 working days. The footing construction could begin irm'nediately after the building pad is completed. EXPERIENCE Geopier clements have been used to support over 500 slructurcs since 1989, including mid-rise buildings with much heavier foundation and floor loads than this structure. We have developed a database of over 350 modulus load tests that confirm our design parameter values. GENERAL We appreciate the opportunity to work with you in the early stages of this project. We can prepare a final proposal once the building loads are defined. Sincerely, Geopier Foundation Company - ~lidwest Gcotcchnical Design/[~hgineer · ® Soil Reinforcement geopler "The alternative to deep foundations" Technology Geepier elements are constructed by drilling a cavity and ramming select crushed aggregate (stone) into the cavity in thin lifts. Geopier construction results in very dense aggregate piers used to suppo~ footings and reinforce soil and fill. · A lift of clean, crushed stone is placed in the bottom of the cavity and rammed using the patented Geopier tamper to create a bottom bulb. · Ramming of the bottom bulb vertically and laterally prestrains and prestresses the matrix soil. · Thin lifts of well-graded or open-graded stone are placed in the shaft and rammed to form a pier with undulating sides. The beveled tamper and ramming action forces the stone laterally into shaft sidewalls, reinforcing and increasing the lateral pressure in the matrix soil around the pier. · Prestressing results in high Geopier stiffness. Applications - Commercial / Industrial · Support shallow foundations and increase allowable soil bearing pressure typically from 5,000 psf to 10,000 psf. · Controt settlements uniformly to 1.0 inch total or less. Support industrial floor slabs and tank foundations. Compression Compression / Uplift · Resist seismic and wind uplift loads and lateral loads. www. geopiers.com · Reduce liquefaction potential to depths of 30 feet. Applications - Transportation · Support MSE and concrete retaining walls. · Stabilize embankments and landslides. · Support box culverts and transportation facilities. Advantages Cost effective solution often results in 20% to 50% savings compared to other ground improvement or foundation systems. · Accelerated construction schedules. · Outstanding settlement control and reliable long-term performance. · Produces predictably high pier stiffness from 10 to 50 times greater than soil and fill. Seismic reliability, ductile behavior, uplift control. Environmentally safe and sustainable construction: - Low-impact noise/sound effects - Low-impact vibration effects - Use of recycled concrete/aggregate Delivered through a turnkey design-build process. Proven, patented soil reinforcement system supporting hundreds of commercial, industrial, and transportation structures worldwide since 1989. .opier® Geopiera Foundation Company 8283 North Hayden Drive Suite 291 Scottsdale. AZ 85258 Telephone: 800.371.7470 Fax: 480.998.3542 www. geopiers.com · Geopier Licensees and Designers © 2002 Geopier Foundation Company, Inc. Consulting Engineers & Surveyors 1515 East Highway 13 · Burnsville, MN 55337-6857 Phone (952) 890-0509 * FAX (952) 890-8065 Memorandum Date: 03/21/02 To: City of Prior Lake Cc: Steve Albrecht, P.E. From: Ross Bintner, E.I.T. Re: Bluff Heights 2"d Addition Preliminary Storm Water Management Summary The purpose of this memo is to summarize the existing and proposed hydraulic conditions for the Bluff Heights 2~d Addition development. Drainage patterns and runoff quantities for proposed and existing conditions have been compared as part of this summary. Please note that the existing pond was designed to accommodate storm water runoff from this site in a developed condition. This is stipulated in a previous agreement between the property owner and City of Prior Lake for construction of the pond. This summary provides discharge information to the pond only. The City will need to provide the developer with the original design calculations for the pond if re-modeling of the pond is required to determine new NWL, HWL and discharge rates. The proposed project will increase the existing dynamic storage in the pond from 1.20 ac- ft to 1.32 ac-ft. The existing and proposed conditions were modeled utilizing Hydrocad and the critical duration 24-hour storm events with rainfalls of 6.10, 4.15, and 2.8 inches for the 100, 10, and 2-year storm events respectively. Runoff Summary: The majority of the site drains directly to the existing pond. Below is a description of the drainage sub-areas. Existing Pond Drainage = 3.43 acres, Tc= 8 minutes, CN = 82, Drains directly to pond within property Proposed East Drainage = 3.69 acres, Tc= 5 minutes, CN = 90, Drains directly to pond within property MANKATO * FAIRMONT * SLEEPY EYE · BURNSVILLE * WILLMAR AMES, IA · LIBERIY, MO An Equal OppoFtun/ty Employer Table h Existing & Proposed - Drainage to Pond Condition Runoff Rate (cfs) Runoff Volume (acm-ft Location 2-Year 10-Year 100-',>ear 2-Year 10-Year 100-Year Existing Pond Drainage 4.00 13.1.c 22.47 0.185 0.620 1.090 Proposed Pond Drainage 7.97 19.69 30.79 .336 .882 1.425 The attached Figures 1 & 2 show the approximate drainage areas for both existing and proposed conditions. Summary: Site discharge rates and volumes to the existing storm water pond will increase due to the increased drainage area and impervious surface. Prior to any re-modeling of the existing pond the City will need to provide original pond design information as the pond receives drainage from several off-site areas. Z Z 0 0 -r mmm o~ 0 m ~- (.3(o zz ~ / INSTALL B6-/ CURB 5' TRAIL- ~[~2360 1985 SF FLOOD PLAIN FILL~ , PROPOSE~y/ RETAINING 45' BEt, 6" GV HYDRAN RETAINING 6" OV 188'-6" C- SF FLOOD PLAIN MITIGATION VERIFY STORM --MANHOLE LOCATION 5B'XSO' BASKETBALL COURT SILT FENCE PRIOR LAKE-SPRING LAKE WATERSHED DISTRICT' 16670 Franklin Trait S.E.,...Su~e__ll0, Prior Lake, MN 55372, (612) 447-4166, 447-~167'(fax ' 'RMIT APPLICATION ~nahan GAM Management Cor Pemniffee'$ Add ...... P ,~ ~met, RMD, Box, CRy, State, ~p C~e) 5212 Hope Street, Prior Lake MN 55372 ~ Bection) amd Add~ess Attached P~o]ect Le~a~ Desc~pfion (A~ach separate sheet if necessa~7) PERMIT CATEGORY (check applicable type(s) as described in Permit Information Brochure) [] Public and Private Drainage Systems [} Land Development Plan [] Bridge and/or Culvert Construction ~ Final Site Drainage Plan PROJECT DESCRIPTION GAM Management Corp. plans to develop a 3.62 acre site and create 49 apartments. 1. The Permittee grants to the District, and its agents, employees, . !nspactions or work authorized by the Permit or any applicable [a~f~cers and contractors, a hcense to enter the Project to perform any msuance of a Cedificate o[ Completion. The license shall expire after acceptance of the work by the District and 2. The Permittee shall indemnity, de[end and hold the Distdct and its agents, employees and o~cers harmless [or ali claims made by itself and third padies for damages or loss sUstained or costs incurred, including eng neenng and a~cmeys' fees as a result of the issuance of the Permit or the construction of the Project. , including engineednn and attornel~-, ,--- ~-,- ...... rse the District for all costs incurred n the enfor u ~'~ ,~c~. /lie r-efm~e~ snail tully pay all bills submiffed to it b,' th~ m;-, ' ,--.-. cement o[ the Permit, not so paid shall accrue interest at the rate ot'8% per year. / ~ ~,,~mc~ w~nln 7 days after receipt. Bills 4. The Permittee shall obtain such easements as m~y be required for construct]ss of the Project and provide in the final plat fo~ the Project utility and drainage easements acceptable to the Distr~ct to protect all hydrologic features within the maintenance of the storm sewer facilities to be constructed pursuant to the Permit. Project and to provide access for the .To assure full compliance wi~..h the terms of th~ P.err?, the Permittee sha depes/t with the D strict a · In form and [rom a surety satisfactory to the Dmtdc, m the anmun -~-*.~ .... .cash surety or irrevocab eetter of credit lhe Permit. I hereby apply under District Rule B for a permit to complete the proposed project in accordance with the and other information submitted with this Application and agree to the above general conditions. PLSLWD Form 1 (6196) x6:U2 F.~'( 612 4~T 424S CITY PRIOR L~I{E t~00~°°2 November 8, 1995 Mr. David Voxla~d 124-55 Marystown Road Shakopc~, MN 55379 Dear Mr. Voxland: This letter is to provide documentation regaxding the following issue: All finure ponding/drainage issues .6-i1[ be satisficd with ~o co~tiou of water q~i~ pond, ~own ~s Ci~ ~j~ 95-13 BluffHei~ Sto~ Sewer, ~at no ~er ~g will be r~u~ed when ~ 1 ~d 2 of Bluff Addition are d~velop~. ~e pond~g r~ui~men~ will ~ve b~n met acoordhg to ~e cu~nt 1995 ~st m~agement pm~tices ~d ei~' ~. ~ffs ~ement does not exclud: the o~er of hk p~pe~ 'from mee~g ~y ~e 'federal, state, ciW and w~emhed dis~i~ $~n~ds ~at mey ~pply if ~e ~les ~d ~lations regarding Wa~r qufliw and drainage issues ch~ge. Sto~ wa~ f~s will be paid for at ~e ~e of development on ~e net lot aor~e exolusive of ~e 0.95 acres of drainage ~d udliw e~ement being acquired, ~ccord~g to ~e zon~g classification f~ for thi~ prope~ ~d b~ed. upon ~e m~e at ~e time of development Sincerely, Lanol LelchtY / -- Resources Coortfinator ~ Engineer 16 00 Eagle Creek Ave. S.E_, Prior Lake: MinneSota 55372-171q / Ph. (6121 44%4230 / Fax (612) 447-4245 REAL ESTATE DEVELOPMENT CORPORATION 5212 Hope Street Prior Lake, MN 55372 (952) 806-0406 Fax (952) 820-0706 Fax (952) 831-1869 April 9, 2002 Jane Kansier Planning Coordinator City of Prior Lake 16200 Eagle Creek Avenue SE Prior Lake, MN 55372 Re: Bluff Heights Apartments Conditional Use Permit Application Dear Ms. Kansier: In supplementation to the Conditional Use Permit Application, please find the following: 2. 3. 4. Evidence of Prior Lake/Spring Lake Watershed District Permit Application; An exterior lighting plan; Specifications and graphic elevation of the proposed entrance sign; Application for the combination of the lots. The above items, together with previous submissions, should comprise a complete application. Accordingly, please proceed with formal review of the CUP Application and provide me with comments and a schedule for the City's consideration and processing of this application. Thank you for your attention to this matter. Please call with any questions. Sincerely, EVERGREEN REAL ESTATE DEVELOPMENT CORP. Gregory A. McClenahan President GAM/dao Enclosures REAL ESTATE DEVELOPMENT CORPORATION 5212 Hope Street Prior Lake, MN 55372 (952) 806-0406 Fax (952) 820-0706 Fax (952) 831-1869 April 17, 2002 David E. & Mary Kay Velishek 7540 Credit River Boulevard Prior Lake, MN 55372 Re: Bluff Heights Apax tments Informational Meeting Dear Mr. and Mrs. Velishek: There is currently a proposal before the City of Prior Lake for construction of a 49-unit apartment building north of Franklin Trail at the intersection of Franklin Trail and Brunswick Avenue SE. You will be receiving notice of a public hearing on the proposal before the Prior Lake Planning and Zoning Commission. This letter is to invite you to an informal informational meeting at which there will be available for inspection plans and drawings of the proposed development. Any questions you may have regarding the development may be answered at that time. The meeting is scheduled for 6:30 n.m. on Thursday. May 2. 2002, in Meeting Room 2 in the library area of the Prior Lake Library Buildino, 16210 Eaele Creek Avenue, Prior Lake. MN 55372. If you should have any questions prior to the meeting, you may call me directly at (952) 894-6400. Sincerely, EVERGREEN REAL ESTATE DEVELOPMENT CORP. Gregory A. McClenahan President GAM/dao cc: Jane Kansier, City of Prior Lake William R. Brantly Suzanne Jean Brantly 16599 Franklin Trail SE Prior Lake, MN 55372 Ross C. & Kathryn A. Lussenhop 16575 Franklin Trail SE Prior Lake, MN 55372 Curtice W. Schmidt 4882 Erin Circle SE Prior Lake, MN 55372 Joshua D. Schiffler 16671 Dublin Road SE Prior Lake, MN 55372 Joseph A. & Philomene D. Speiker 16633 Brunswick Avenue SE Prior Lake, MN 55372 Kenneth L. McRae 16611 Franklin Trail SE Prior Lake, MN 55372 James E. & Nancy A. Alien 4818 McColl Drive Savage, MN 5378 David R. Thorsfeldt 13528 Rhode Island Avenue Savage, MN 55378-1715 Joanne M. Nelson 16614 Franklin Trail SE Prior Lake, MN 55372 Mary Jo Fagre 16616 Franklin Trail Prior Lake, MN 55372 Charles R. Reese 16606 Franklin Trail SE Prior Lake, MN 55372 Joseph J. & Deborah G. Meyers 16587 Franklin Trail SE Prior Lake, MN 55372 David A. & Trudy K. Heald 4849 Erin Circle SE Prior Lake, MN 55372 A Paul & Sheila Olson 16679 Dublin Road Prior Lake, MN 55372 Richard A & Christine D. Maki 16661 Brunswick Avenue So Prior Lake, MN 55372 Fredick A & Jill Steinhaus 16623 Franklin Trail Prior Lake, MN 55372 Kestrel Properties LLP 7815 - 133rd Street West Apple Valley, MN 55124 Hoa D. & Cynthia V. Nguyen 7455 Devin Lane Shakopee, MN 55379 William R. Lowe 16612 Franklin Trail SE Prior Lake, MN 55372 Thomas Keith Peterson 16618 Franklin Trail SE Prior Lake, MN 55372 Wendy K. Branson 4802 Bluff Heights Trail SE Prior Lake, MN 55372 Ruth I. Smed 16608 Franklin Trail SE Prior Lake, MN 55372 Irene M. Mangan 4810 Bluff Heights Trail SE Prior Lake, MN 55372 H.R.S. Properties 16770 Franklin Trail SE, Suite 230 Prior Lake, MN 55372 Philothea T. O'Hem 4828 Bluff Heights Prior Lake, MN 55372 Robyn M. Grand 4824 Bluff Heights Trail Prior Lake, MN 55372 Loren Gross 8609 Lyndale Avenue South, Suite 214 Bloomington, MN 55420 Charles D. & Jill Schwantes 16680 Franklin Trail SE Prior Lake, MN 55372 City of Prior Lake City Administrator 16200 Eagle Creek Avenue Prior Lake, MN 55372 David E. & Mary Kay Velishek 7540 Credit River Boulevard Prior Lake, MN 55372 Sarah A. Rademacher 16670 Franklin Trail SE Prior Lake, MN 55372 Premier Development Co. Larry R. Gensmer 2064 Lake Ridge Drive P.O.Box 155 Prior Lake, MN 55372 Joan F. Mourning 4826 Bluff Heights Trail SE Prior Lake, MN 55372 Prior Lake Apartments 4500 - 44~h Street West Edina, MN 55424-1001 Larch LLC 80 - 70~ Street West, Suite 133 Chanhassen, MN 55317 Health Systems Minnesota 6500 Excelsior Boulevard St. Louis Park, MN 55416 Crown Coco, Inc. 1717 Broadway Street NE Minneapolis, MN 55413-2638 G124SGS748 BRODSHO CONSULTING PAGE :'Zed · Mar ~9 02 ll:3Sa R.I.M.S. 763-S33-7288 p.3 83/28/2882 11:38 6516533575 EL£~NTS INC PAGE B1/02 ELEMENTS, INC. . 4920 O"/-rER LAKE ROAD · ST. PAUL, MINNESOTA 55110 .~ 1-800-223.2788 * (051)653-7745 · FAX(651) 653-357'5 · www. elementsfnc, com PROJECT NAME: glull I'lelghte Entrance Sign DATE: March 20, 2002 CLIENT: AlMS Management BILLING lltDDRE$$: 7000 §Tth Ave. Nmlh Suite 120 Mmea~:~ ~ ~.5428 T# 12355 CUENT P.O.#: ORDERED BY: Donna Yeager PHONE: 783-533-7193 FAX; 763-533-7298 SHIPPING ADDRESS: Fmnkl~ Trail & Hgwy13 Pdor Lake MN QTY ITEM# A PRODUCT DESCRIPTION: SANDBLASTED ENTRANCE SION; g0"x46.5"xl,5' single sided pdrned and painte~l sandblasted vedidal grain cedm' sign, One vertical sLdngm on backside for additional suppofl, One 81'x6"xl.R' single sided prlmetl and painted sandblasted ve~lical grain cedar heeging penni. Two 6'x6"xg' primed and painted redwood posts wl~ cledo and cop~r cap. Colom ID be detemin~. Note: Per City of Prior Lake Code 1107.816, Max size allowed is 50 square feet. lO' setback from property line, 10' maximum height. Total size Of shove proposed sign panel with hanging panel ia 33 square lent. UNIT AMOUNT $2,411.00 $2,411.00 QTY ITEM# 1 DESCRIPTION OF LABOR UNiT AMOUNT INSTALLATION: Inetallation o! the above monument sign. Includes all nacassanJ public $415,00 $415.00 underground utility locations. Client tO mark ell private Utilities Inclualng Spri~kle~ lines near work area. lectueias trip cha~ge. TAX: TOTAL AMOUNT OF PROPOSAl.: TERMS: ~, BALANCE UPON ~PLETION 1.5% PER MONTM WILt. BE AS~E-'~,~ED ON ~ UNPAE} BALANCE Motr~oO Ot paymem: {Cirrde one) ~ Cl~ck VISA Master Carcl AmeriCan Express $2,982.72 ACCEPTED BY: {)ATE: Thank ! "THE NATION'S LEADING PROVIDER OF SIGNAGE FOR BUILDERS, DEVELOPERS & THE MULTI-HOUSING iNDUSTRY" FILE April 23, 2002 Bluff Heights Apartments, Limited Partnership Attention: Gregory A. McClenahan 5212 Hope Street Pdor Lake, MN 55372 RE: City of Prior Lake Review for Application Completeness for Bluff Heights Apartments Conditional Use Permit Dear Mr. McClenahan: On Tuesday, April 23, 2002, the City of Prior Lake determined all of the necessary submittals for the above application have been received. This letter serves as your official notification that the application is now complete. The DRC will now begin formal review of this request. At this time, you are tentatively scheduled for the May 13, 2002, Planning Commission meeting. I will notify you of any changes to that date. The City review process can be substantially less than 120 days, and we intend to move this matter through the process in a timely manner that provides a complete, professional review. Occasionally, however, due to meeting schedules, it is sometimes necessary to extend the 60-day review period. This letter also serves as your official notice that the City is extending the 60-day deadline for an additional 60 days from June 23, 2002 to August 23, 2002. If you have questions relative to the review process or related issues, please contact me directly at 952-447-4230. Sincerely, ~ , / Jane Kansier, AICP Planning Coordinator cc: DRC Members 1:\02files\O2cup\bluff heights\cornplete.doc Page 1 16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (952) 447-4230 / Fax (952) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER Jane Kansier From: Sent: To: Subject: Jane Kansier Wednesday, April 24, 2002 11:12 AM Craig Eldred Development Signs Craig: We have had several new applications come in, and so I need some more development signs placed in the field. Please place signs in the following locations by Monday, May 6th. 1. A "Development" sign should be located on the property at the southeast quadrant of the intersection of CSAH 42 and CSAH 83. The sign should be located behind the right-of-way, on CSAH 42 (see attached Map1). 2. A Development sign should be located at the vacant property located on the north side of Franklin Trail, west of Bluff Heights Trail and east of TH 13 (see attached Map2). Thank you for your help. Please let me know if you have any questions, Jane Kansier, Planning Coordinator City of Prior Lake mapl .jpg map2.jpg TO: FROM: DATE: RE: Sue McDermott, City Engineer Jane Kansier, Planning Coordinator June 3, 2002 Bluff Heights Apartments CUP Attached is revised information submitted for the BluffHeights CUP. This item is scheduled for review by the Planning Commission on June 10, 2002. Please let me know your comments by Wednesday, June 5, 2002, if possible. Thanks for your help. Let me know if you have any questions. Enclosure l:\02files\02cup\bluff heights\rev info.doc May 8, 2002 Bluff Heights Apartments, Limited Partnership Attention: Gregory A. McClenahan 5212 Hope Street Prior Lake, MN 55372 RE: Agenda and Agenda Report Attached is a Planning Commission Agenda and Staff Report for the May 13, 2002 Planning Commission meeting. You or your representatives are expected to attend the meeting. You will be given the opportunity to speak regarding your proposal and the staff report. The meeting begins at 6:30 p.m. and is held at the Fire Station located at 16776 Fish Point Road (east of HWY 13 on the south side of CR 21). If you cannot attend the meeting, please call me so your item can be deferred to the next Planning Commission meeting. If you have any questions, please contact me at 447-9810. Sincerely, Connie Carlson Planning Dept. Secretary Enclosure I:\deptwork~tankfrm\meefltr.doc 16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (952) 447-4230 / Fax (952) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER Date: To: 5/31/02 Susan McDermott, P.E. City Engineer, Prior Lake Consulting En glneers & Surveyors --_ t515 East Highway 1,3 Burnsville, MN 553~- Phone (952) 890-0509 * FAX (952) 890-~ Memorandum From: Steve Albrecht, P.E. Re: Bluff Heights 2"d Addition Supplemental Hydrology Information Based on information provided by the City of Prior Lake we have completed the following hydraulic revisions to the preliminary plans and additional information have been provided for the above referenced project: 1) 2) 3) Re-modeled the existing stormwater pond Updated storm sewer to include sump manholes Wetland delineation info Updated Pond Model Using the pond input dam provided to our office from October of 1995 we updated the drainage area characteristics to include the developed Bluff Heights site. The 1995 Study assumed full development of the site. Table 1 shows the 1995 and 2002 drainage area characteristics. Table 1: Drainage Area Characteristics Condition Drainage Area TC CN (area) (hour) 1995 Report 18.8 1 80 2002 Update 18.8 1 79 Table 1 shows that the scenarios for 1995 and 2002 fully developed conditions are very similar. For the purposes of the new analysis we will use a curve number orS0 because more time was spent on the 1995 study drainage area. Table 2 shows the routing results for the 2, l0 and 100- year 24 hour storm events. MANKATO * FAIRMONT · SLEEPY EYE · BURNSVILLE · WILLMAR * CHASKA AMES, IA * UBERTY, MO An Equal Opportunity Employer Table 2: Pond Routing Results Storm Peak Elevation Peak Discharge (cf s) 2-yr 947.21 6.16 10qyr 948.05 14.63 100-yr 949.22 21.9 The 1995 study had a peak 100-year elevation ora 949.55, but utilized a pond normal water level of a 947.00. The actual pond normal water level set by the existing outer pipe is a 946.13. This difference in elevation accounts for the slightly lower 100-year peak elevation in the 2002 developed condition. The curve number breakdown and hydrocad report are attached to this memo. BLUFF HEIGHTS POND STORM POND POND (YR) ELEVATION OUTFLOW 2 947.21 6.16 10 948.05 14.63 100 949.22 21.9 CURVE NUMBER TABULATION AREA (ac) CN DESCRIPTION 2.04 98 BLUFF HEIGHTS-IMPERVIOUS AREA 1.58 61 BLUFF HEIGHTS-PERVIOUS AREA 2.58 69 OPEN SPACE-UNDEVELOPED AREA 4.71 72 1/3 ACRE LOTS-EXISTING DEVELOPMENT 7.89 85 MULTIPLE FAMILY/APARTMENTS -EXISTING 18.8 79 WEIGHTED AVERAGE Project 95-13 Blu12' Heights Sto~ Sewer Improvements 115200 .~gle Creek Ave. $.E.. Prior Lake. Minnesota 55372-1714 / Ph. (151214474230 / F~x (15121 ~4-74245 AN EQUAL OPPORTUI~rY ~OYER Bluff Height$(CN=80) Prepared by BOLTON & MENK INC. BURNSVILLE HydroCAD~ 6.00 s/n 001030 {3 1986-2001 Applied Microcomputer Systems Type II 24-hr Rainfall=&O0" Page 1 5/31/02 Time span=5.00-20.00 hrs, dt=0.05 hrs, 301 points Runoff by SCS TR-20 method, UH=SCS, Type II 24-hr Rainfall=6.00" Reach routing by Stor-lnd+Trans method - Pond routing by Stor-lnd method Subcatchment 1: Subcatchment 1- DRAINAGE AREA TO BLUFF HEIGHTS POND Tc=60.0 rain CN=80 Area=18.800 ac Runoff= 38.09 cfs 5.409 af Pond 1P: BLUFF HEIGHTS POND Peak Storage= 68,504 cf Inflow= 38.09 cfs 5.409 af Pdmary= 21.87 cfs 5.161 af Outflow= 21.87 cfs 5.161 af RunoffArea -- 18.800 ac Volume = 5.409 af Average Depth = 3.45" Bluff Heights(CN=80) Prepared by BOLTON & MENK INC. BURNSVILLE HydroCAD~ 6.00 s/n 001030 O 1986-2001 Applied MicrOComputer Systems Type II 24-hr Rainfall=6.00" Page 2 5/31/0~) Subcatchment 1: Subcatchment 1- DRAINAGE AREA TO BLUFF HEIGHTS POND Runoff -- 38.09 cfs @ 12.61 hrs, Volume= 5.409 af Runoff by SCS TR-20 method, UH=SCS, Time Span= 5.00-20.00 hrs, dt--- 0.05 hrs Type II 24-hr Rainfall=6.00' Area (ac) CN Description 18.800 80 BLUFF HEIGHTS-DRAINAGE AREA Tc Length Slope Velocity Capacity Description (min) (feet) (fi/fi) (fi/sec) (cfs) 60.0 Direct Entry, Tc Subcatchment 1: Subcatchment 1- DRAINAGE AREA TO BLUFF HEIGHTS POND Hydrograph Plot [ 3e.o9 ~ ] 381 34 32 30 28 ~. 26 { 2.* E 18~ 14 ~0 1'0 1'1 1'2 13 1'4 15 16 1'7 1'8 19 20 Time (hours) Bluff Heights(CN=80) Prepared by BOLTON & MENK INC. BURNSVILLE HydroCAD~ 6.00 s/n 001030 {3 1986-2001 Applied Microcomputer Systems Type II 24-hr Rainfall=6. O0" Page 3 5/31/02 Pond 1P: BLUFF HEIGHTS POND Inflow = 38.09 cfs @ Outflow = 21.87 cfs @ Primary = 21.87 cfs @ 12.61 hrs, Volume= 13.13 hrs, Volume= 13.13 hrs, Volume= 5.409 af 5.161 af, Atten= 43%, Lag-- 31.0 min 5.161 af Routing by Stor-lnd method, Time Span= 5.00-20.00 hrs, dt= 0.05 hrs Peak Elev= 949.22' Storage= 68,504 cf Plug-Flow detention time= 56.5 rain calculated for 5.161 af (95% of inflow) Storage and wetted areas determined by Prismatic sections Elevation Surf. Area Inc. Store Cum .Store (feet) (sq-ft) (cubic-feet) (cubic-feet) 946.13 15,000 0 0 948.00 24,400 36,839 36,839 949.00 26,700 25,550 62,389 950.00 29,000 27,850 90,239 ,~,.~ary OutFlow (Free Discharge) 1 =Orifice/Grate # Routing I Primary Invert Outlet Devices 946.13' 24.0" Vert. Orifice/Grate C= 0.600 Pond 1P: BLUFF HEIGHTS POND Hydrograph Plot 42 4o 38 36 32 30. 28. ,~ 26 _o Et. 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Time (hours) Bluff Heights(CN=80) Prepared by BOLTON & MENK INC. BURNSVILLE HydroCAD~ 6.00 s/n 001030 {3 1986-2001 Applied Microcomputer Systems Type II 24-hr Rainfall=4.20" Page 1 5/31/02 Time span=5.00-20.00 hrs, dt--0.05 hrs, 301 points Runoff by SCS TR-20 method, UH=SCS, Type II 24-hr Rainfall=4.20" Reach muting by Stor-lnd+Trans method - Pond muting by Stor-lnd method Subcatchment 1: Subcatchment 1- DRAINAGE AREA TO BLUFF HEIGHTS POND Tc=60.0 min CN=80 Area=18.800 ac Runoff= 22.05 cfs 3.126 af Pond 1P: BLUFF HEIGHTS POND Peak Storage= 38,142 cf Inflow= 22.05 cfs 3.126 af Primary= 14.63 cfs 2.926 af Outflow= 14.63 cfs 2.926 af Runoff Area = 18.800 ac Volume = 3.126 af Average Depth = 2,00" Bluff Heights(CN=80) Prepared by BOLTON & MENK INC. BURNSVILLE HydroCAD~ 6.00 s/n 001030 O 1986-2001 Applied Microcomputer Systems Type l124-hr Rainfall=4.20" Page 2 5~1/02 Subcatchment 1: Subcatchment 1- DRAINAGE AREA TO BLUFF HEIGHTS POND Runoff -- 22.05 cfs @ 12.62 hrs, Volume= 3.126 af Runoff by SCS TR-20 method, UH=SCS, Time Span= 5.00-20.00 hrs, dt= 0.05 hrs Type II 24-hr Rainfall=4.20' Area (ac) CN Description 18.800 80 BLUFF HEIGHTS-DRAINAGE AREA Tc Length Slope Velocity Capacity Description (rnin) (feet) (ftJff) (ft/sec) (cfs) 60.0 Direct Entry, Tc Subcatchment 1: Subcatchment 1- DRAINAGE AREA TO BLUFF HEIGHTS POND Hydrograph Plot 24- 22. 20. 18- 16- 10' 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Time (hours} Bluff Heights(CN=80) Prepared by BOLTON & MENK INC. BURNSVILLE HydroCAD~ 6.00 s/n 001030 O 1986-2001 Applied Microcomputer Systems Type II 24-hr Rainfall=4.20" Page 3 5/31/02 Pond 1P: BLUFF HEIGHTS POND Inflow = 22.05 cfs @ Outflow = 14.63 cfs @ Primary = 14.63 cfs @ 12.62 hrs, Volume= 13.06 hrs, Volume= 13.06 hrs, Volume= 3.126 af 2.926 af, Atten= 34%, Lag= 26.1 min 2.926 af Routing by Stor-lnd method, Time Span= 5.00-20.00 hrs, dt= 0.05 hrs Peak Elev= 948.05' Storage= 38,142 cf Plug-Flow detention time= 59.9 rain calculated for 2.916 af (93% of inflow) Storage and wetted areas determined by Prismatic sections Elevation Sud. Area Inc. Stom Cum. Store (feet) (sq-ff) (cubic-feet) (cubic-feet) 946.13 15,000 0 0 948.00 24,400 36,839 36,839 949.00 26,700 25,550 62,389 950.00 29,000 27,850 90,239 ~ary OutFlow (Free Discharge) 1 =Orifice/G rate # Routing Invert Outlet Devices I Primary 946.13' 24.0" Vert. Orifice/Grate C= 0.600 Pond 1P: BLUFF HEIGHTS POND Hydrograph Plot 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Time (hours) Bluff Heights(CN=80) Prepared by BOLTON & MENK INC. BURNSVILLE HydroCAD~ 6.00 s/n 001030 ¢3 1986-2001 Applied Microcomputer Systems Type II 24-hr Rainfall=2.80" Page 1 5/31/02 Time span=5.00-20.00 hrs, dt=0.05 hrs, 301 points Runoff by SCS TR-20 method, UH=SCS, Type II 24-hr Rainfall=2.80" Reach muting by Stor-lnd+Trans method - Pond muting by Stor-lnd method Subcatchment 1: Subcatchment 1- DRAINAGE AREA TO BLUFF HEIGHTS POND Tc=60.0 min CN=80 Area=18.800 ac Runoff= 10.57cfs 1.534 af Pond 1P: BLUFF HEIGHTS POND Peak Storage= 21,354 cf Inflow= 10.57 cfs 1.534 af Primary= 6.16 cfs 1.381 af Outflow= 6.16 cfs 1.381 af Runoff Area -- 18.800 ac Volume = 1.534 af Average Depth = 0.98" Bluff Heights(CN=80) Prepared by BOLTON & MENK INC. BURNSVILLE HydroCADd~ 6.00 s/n 001030 ¢) 1986-2001 Applied Microcomputer Systems Type II 24-hr Rainfall=2.80" Page 2 5/31/02 Subcatchment 1: Subcatchment 1- DRAINAGE AREA TO BLUFF HEIGHTS POND Runoff = 10.57 cfs @ 12.65 hrs, Volume= 1.534 af Runoff by SCS TR-20 method, UH=SCS, Time Span= 5.00-20.00 hrs, dt= 0.05 hrs Type II 24-hr Rainfall=2.80" Area (ac) CN Description 18.800 80 BLUFF HEIGHTS-DRAINAGE AREA Tc Length Slope Velocity Capacity Description (rain) (feet) (ftJft) (ft/sec) (cfs) 60.0 Direct Entry, Tc Subcatchment 1: Subcatchment 1- DRAINAGE AREA TO BLUFF HEIGHTS POND Hydrograph Plot 11- lO- 9~ 0: 5 [ 10.57 cfs ] 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Time (hours) Bluff Heights(CN--80) Prepared by BOLTON & MENK INC. BURNSVILLE HydroCAD~ 6.00 s/n 001030 {3 1986-2001 Applied Microcomputer Systems Type II 24-hr Rainfall=2.80" Page 3 5/31/02 Pond 1P: BLUFF HEIGHTS POND Inflow = Outflow = Primary = 10.57 cfs @ 12.65 hrs, Volume= 6.16 cfs @ 13.18 hrs, Volume= 6.16 cfs @ 13.18 hrs, Volume= 1.534 af 1.381 af, Atten= 42%, Lag= 31.6 min 1.381 af Routing by Stor-lnd method, Time Span= 5.00-20.00 hrs, dt= 0.05 hrs Peak Elev-- 947.21' Storage= 21,354 cf Plug-Flow detention time= 78.7 min calculated for 1.376 af (90% of inflow) Storage and wetted areas determined by Prismatic sections Elevation Surf. Area Inc. Store Cum. Store (feet) (sq-ff) (cubic-feet) (cubic-feet) 946.13 15,000 0 0 948.00 24,400 36,839 36,839 949.00 26,700 25,550 62,389 950.00 29,000 27,850 90,239 ,~mary OutFlow (Free Discharge) 1=Orifice/Grate # Routing Invert Outlet Devices I Primary 946.13' 24.0" Vert. Orifice/Grate C= 0.600 Pond 1P: BLUFF HEIGHTS POND Hydrograph Plot 11- lOi ...... [ ] 6 7 8 9 10 11 12 13 14 15 16 17 Time (hours) 5 18 19 20 Z I J,! n- O I- Memorandum From: Date: Re: Sue McDermott, P.E., City Engineer City of Prior Lake John Mackiewicz, Water Resource Specialist WSB & Associates, Inc. June 10, 2002 Review of Bluff Heights Development Plans WSB Project No. 1430-03 As requested, we have completed the review of the supplemental hydrologic information dated June 3, 2002. Based on our review, we offer the following comments: Hydrologicfttvdraulic, Water Quality, and Grading Comments 1. Based on Item 4.26 in thc Public Works Design Manual, 3-foot sumps must bc constructed as the last structure which is road accessible prior to discharge to any water body. This would apply to Manholes #2 and #8. These structures should be changed on thc plans. 2. Please provide stage storage information for thc pond below the pond outlet. 3. The distance between structure 7 and thc pond outlet should bc maximized in order to provide as much treatment as possible. This concludes our review of the BluffHeights Development plan. If you have any questions or need additional information, please feel free to call me at (763)287-7194. Dave Hutton, P.E., WSB MemorandUm DATE: March 20, 2002 TO: Jane Kansier, Planning Coordinator FROM: Sue McDermott, City Engineer ,/~,~J\ RE: Bluff Heights (Project #02-36) The Engineering Department has reviewed the subject preliminary plat and has the following comments: 1. The plans must show the two driveway entrances to be installed using a concrete apron per MnDOT standard plate no. 7035K. 2. The height of the proposed retaining wall near the northwest corner of the proposed building must be shown on the plans. 3. Note that the existing storm manhole located northeast of the proposed basketball court is to be adjusted to grade (approx. +2.0') in accordance with City standards. 4. Hydrant spacing must conform with the Public Works Design Manual. 5. Proposed slopes around the existing pond exceed 4:1. 6. Proposed retaining walls are located within easements. Attached is an additional memorandum prepared by WSB & Associates addressing WCA comments and storm water/grading. Let me know if you have any questions. GSPROJECTS'~002L36bluffhtsLR.EVIEW I .DOC & ,~oc~t~, Inc. Memorandum ~om: Date: Re: Sue McDermott, P.E., City Engineer City of Prior Lake A n di Moffatt, Biologist WSB & Associates, Inc. March 15, 2002 Review of Bluff Heights Development Plans WSB Project No. 1430-03 As requested, we have completed our water resource review of the Bluff Heights Development Plans dated February 22, 2002. Based on our review, we offer the following comments: Wetland Conservation Act Review Comments 1. The development proposes to fill 225 sfofwetland. This wetland was delineated as part of the Timber Crest Development. It is anticipated that this fill will be exempt under the de minimis of the Wetland Conservation Act (WCA). Application for exemption should be provided by the developer. It is our understanding that the wetland delineation has not been reviewed by the City. We recommend this delineation be reviewed as soon as the weather conditions allow. This review can be completed by WSB. The developer does not necessarily need to be present for this review unless questions are raised during the delineation review. Item 1.26 of the Prior Lake Public Design Manual states that a 30-foot average buffer (minimum of 20 feet) needs to be maintained around the perimeter of all wetlands. This buffer with associated monumentation needs to be added to the plans. Hydrologic/Hydraulic. Water Qualitv~ and Grading Comments 1. The existing and proposed hydrologic/hydraulic calculations for 2, 10 and 100 year storms should be provided by the developer. This should show the sizing of pipes, ponds, emergency overflow spillways, and catch basin interception analysis. 2. The existing and proposed drainage boundaries need to be included with the plans. Sue McDermott, March 15, 2002 Additional information should be provided from the City regarding the current storm sewer drainage to the regional pond. The existing information on the plan sheets does not correspond to the City's Local Surface Water Management Plan. We can further review the capacity of this system once this information is obtained from the City. Based on Item 4.26 in the Public Works Design Manual, 3-foot sumps must be constructed as the last structure which is road accessible prior to discharge to any water body. This would apply to Manholes #2 and #8. These structures should be changed on the plans. 5. It is recommended that the minimum parking lot grade should be 1%. 6. The retaining wall that is proposed west of the pond should be designed by an engineer and include a fence at the top. These details should be provided for review. 7. The overflow drainage for the parking area adjacent to Franklin Trail should be redirected east onto the parcel rather than overflow onto Franklin Trail. 8. The overflow drainage for the west parking area should be redirected east to the pond rather than overflow outside the parcel. 9. The 2' contours a minimum of 200 feet beyond the property boundary in accordance with the city's 2002 Public Works Design Manual must be shown on the plans. 10. Sheet 5 states that 1.2 acre-feet of floodplain will be filled and 1.32 acre-feet of floodplain storage will be created. Details regarding the floodplain fill and mitigation calculations associated with volumes shown on Sheet 5 must be provided. 11. A transition detail from B612 curb to B618 curb at catch basins should be provided by the developer. 12. A skimmer structure should be used at the outlet of the pond. This concludes our review of the BluffHeights Development plan. If you have any questions or need additional information, please feel free to cai1 me at (763)287-7196. c. Dave Hutton, P.E., WSB G:lPROJECT~2002136bh~ffhtslwsbreview. doc t Memorandum DATE: March 20, 2002 TO: Jane Kansier, Planner FROM: Robert D. Hutchins, Building Official Site plan review for Bluff Heights Following are the results of the preliminary Site plan review for the Bluff Heights building. Our review was based on the Minnesota State Building Code (MSBC) which adopted with amendments the 1997 Uniform Building Code (UBC) with handicap regulations of the Minnesota Accessibility Code Chapter 1341. Also requirements of the 1998 Minnesota State Fire Code (MSFC) which adopted with amendments the 1997 Uniform Fire Code CLIFC). 1. Complete a Building Code analysis. UBC Chapter 5. Include the following: a. Occupancy Classification. Note: If Garages designated as S-3, provide a 3-hour occupancy separation between R-1. If designated as U-I, provide 2-hour area separation every 3000 s.f. from floor to mol deck. UBC Table 3-B and UBC 312.2.2. b. Type of Construction. c. Location on Property. d. Allowable Floor Area. Note: a NFPA 13 system is required for fire department concerns. e. Height and Number of stories. f. Exiting. 2. Structural engineer to design retaining walls over 4'-0" in height. 3. Relocate the site fire hydrant south to the West peninsula by the West drive entrance. 4. Provide a Post Indicator Valve (PIV) on sprinkler supply line into buildings. Locate a minimum distance away the height of the building. 5. Provide fire lanes for fire apparatus response. Signage to read:" No Parking Fire Lane by order of Fire Department". Indicate on Site plan. Locate by Fire Hydrant and East parking lot and North Parking lot. UFC 1001.7.1. 6. If provided, indicate means of lawn irrigation. May use separate service and metering for billing purposes. 7. Siamese connection and enunciator panels to be located by front entrance. The following are building plan comments: 8. Submit signed architectural, structural plans and a Certificate of Survey before building permit. Submit signed HVAC, plumbing, fa:e/smoke alarm, emergency lighting/exit signs and sprinkler plans. May be submitted at a later date. 9. Provide detail of lawn sprinkler service stub valve and backflow prevention details. 10. Provide HDCP signage details. I 1. All Units not HDCP accessible must be HDCP adaptable and on a HDCP accessible route. MSBC 1341 Table 16.2 12. Provide two parking spaces for commuter van. MSBC 1300.4100. 13. Submit Energy Envelope Calculations. MN Energy Code 7670.0100 14. Submit a soils report. 15. An S.A.C. determination must be completed by the Metropolitan Waste Control Commission. Contact Jody Edwards at 651.602.1113. 16. Provide testing documentation indicating that exterior and interior walls, elevator walls, corridor floors, floor trusses/joists, and roof tress construction meets One hour fire resistive construction. UBC 703. 17. Provide documentation listing that construction (floors and walls) meets Sound Transmission Control ratings. UBC Appendix Chapter 12. 18. Submit the Structural Engineers requirements for Special Inspections UBC 1701.5. 19. One hour fire-rated Elevator Lobbies required. An elevator lobby must be separated from a corridor. UBC 1004.3.4.5 20. Stairways and landscaped area must be in Rated Shafts. Two floors are allowed to be open to each other. UBC 711.3 or an Atrium must be provided as per UBC 402. 21. Interior family rooms must be furnished with natural light. UBC 1203.2 22. Ventilation for the building must meet UBC chapter 12. Provide 15 CFM of ventilation per occupant in the corridor. 23. State of Minnesota Building Codes and Standards Division must inspect Elevator. MSBC 1307.0035. 24. Provide a Class III standpipe in each stairway. UBC 904.5.3 25. Provide fire extinguishers minimum 2A10BC rated, within 75 feet travel distance of all areas. UTC 1002. 2 26. Automatic garage doors to comply with State of Minnesota Statutes. MSBC 1300.5900 27. Post occupant load sign in Party Rooms. UBC 1007.2.6. 28. Provide maneuvering clearances and landings at the top and bottom of ramp in HDCP garages. MSBC 1341..0442 Subpart 6 29. Garage service doors must not swing over the step. UBC 1003.3.1.6 Exception 1.1 This is a preliminary review only on conceptual plans. Other code items will be addressed when the preliminary plans are submitted. The building plans must be reviewed by the Cities Developmental Review Committee (DRC) which consists of representatives of Planning, Engineering, Parks, Finance, and Building Departments. The DRC must approve the site plans before a building permit can be issued. FILE COPY June 19, 2002 Bluff Heights Apartments, Limited Partnership Attention: Gregory A. McClenahan 5212 Hope Street Prior Lake, MN 55372 RE: Planning Commission Action on CUP Dear Mr. McClenahan: On Monday, June 10, 2002, the Prior Lake Ptanning Commission considered your application for a Conditional Use Permit for a multi-family building to be known as Bluff Heights. The Planning Commission recommended approval of this CUP subject to the following conditions: 1. Any changes required as a result of the review of the revised storm water runoff calculations must be incorporated into the site plan. 2. The applicant must provide building elevations specifically identifying the proposed architectural materials. The applicant must also provide building elevations for the detached garage. The exterior materials for the garage must be compatible to the principal structure. 3. The landscaping plan must be revised to include 2 additional trees. 4. The applicant must provide an irrigation plan with the building permit. 5. The lighting plan must be revised to ensure that light at the center of the parking lot along Franklin Trail does not exceed 1.0 footcandle at the right-of-way line. 6. The must provide plans for the trash enclosures. The trash enclosures must be constructed of materials compatible with the materials used for the principal structure. 7. The applicant must provide the necessary documents granting the City drainage and utility easements prior to issuance of a building permit. 8. The applicant must submit and receive approval of all necessary wetland applications prior to issuance of a building permit. 9. All issues identified in the memorandum from the Engineering Department and the Building Department must be reviewed and any required changes made to the site plan prior to issuance of a building permit. 1:\02files\O2cup\bluff heights~changes.doc Page 1 16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (952) 447-4230 / Fax (952) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER The City Council will review this application on Monday, July 15, 2002. In order to facilitate this review, it would be in your best interest to address as many of the above conditions as possible. I have attached, for your information, a copy of the comments from the Engineering Department and the Building Department. If you intend to submit revised plans, they must be submitted to me no later than Wednesday, July 3, 2002, in order to allow staff the time to review the revisions. You also discussed platting this property. Enclosed for your use is an application for a combined preliminary and final plat. This application includes a checklist outlining the necessary submittals and an explanation of the application procedure. Thank you for your prompt attention to this matte. If you have questions relative to the review process or related issues, please contact me directly at 952-447-4230. Sincerely, Planning Coordinator Enclosure cc: DRC Members 1:\02§les\02cup\bluff heights\changes,doc Page 2 WSB & Associates, Inc. Memorandum From; Date: Re: Sue McDermott, P.E., City Engineer City of Prior Lake John Mackiewicz, Water Resource Specialist WSB & Associates, Inc. June 10, 2002 Review of Bluff Heights Development Plans WSB Project No. 1430-03 As requested, we have completed the review of the supplemental hydrologic information dated June 3, 2002. Based on our review, we offer the following comments: HvdrologicPrlvdraulic. Water Quality. and GradinR Comments Based on Item 4.26 in the Public Works Design Manual, 3-foot sumps must be constructed as the last structure which is road accessible prior to discharge to any water body. This would apply to Manholes #2 and #8. These structures should be changed on the plans. 2. Please provide stage storage information for the pond below the pond outlet. 3. The distance between structure 7 and the pond outlet should be maximized in order to provide as much treatment as possible. This concludes our review of the Bluff Heights Development plan. If you have any questions or need additional information, please feel free to call me at (763)287-7194. c. Dave Hutton, P.E., WSB MemorandUm BATE: March 20, 2002 TO: Jane Kansier, Planning Coordinator FROM: Sue McDermott, City Engineer 4/~ RE: Bluff Heights (Project #02-36) The Engineering Department has reviewed the subject preliminary plat and has the following comments: 1. The plans must show the two driveway entrances to be installed using a concrete apron per MnDOT standard plate no. 7035K. 2. The height of the proposed retaining wall near the northwest corner of the proposed building must be shown on the plans. 3. Note that the existing storm manhole located northeast of the proposed basketball court is to be adjusted to grade (approx. +2.0') in accordance with City standards. 4. Hydrant spacing must conform with the Public Works Design Manual. 5. Proposed slopes around the existing pond exceed 4:1. 6. Proposed retaining walls are located within easements. Attached is an additional memorandum prepared by WSB & Associates addressing WCA comments and storm water/~ading. Let me know if you have any questions. G:',PROJECTS'~2002~36bluffhtsLKEVIEW1 .DOC & ,{~sociates, Inc. ~[emorandum Date: Re: Sue McDermott, P.E., City Engineer City of Prior Lake Andi Moffatt, Biologist Vr'SB & Associates, Inc. March 15, 2002 Review of Bluff Heights Development Plans ~VSB Project No. 1430-03 As requested,~we have completed our water resource review of the BluffHeights Development Plans dated February 22, 2002. Based on our review, we offer the follo~ving corrmaents: Wetland Conservation Act Review Comments 1. The development proposes to fill 225 sf of wetland. This wetland was delineated as part of the Timber Crest Development. It is anticipated that this fill will be exempt under the de minimis of the Wetland Conservation Act (WCA). Application for exemption should be provided by the developer. It is our understanding that the wetland delineation has not been reviewed by the City. We recommend this delineation be reviewed as soon as the weather conditions allow. This review can be completed by WSB. The developer does not necessarily need ~o be present for this review unless questions are raised during the delineation review. Item 1.26 of the Prior Lake Public Design Manual states that a 30-foot average buffer (minimum of 20 feet) needs to be maintained around the perimeter of all wetlands. This buffer with associated monumentation needs to be added to the plans. Hydrologic/Hydraulic. Water Quality. and Gradino~ Comments 1. The existing and proposed hydrologic/hydraulic calculations for 2, 10 and 100 year storms should be provided by the developer. This should show the sizing of pipes, ponds, emergency overflow spillways, and catch basin interception analysis. 2. The existing and proposed drainage boundaries need to be included with the plans. Sue McDermott, P.,E. March 15, 2002 Additional information should be provided from the City regarding the current storm sewer drainage to the re~onal pond. The existing information on the plan sheets does not correspond to the City's Local Surface Water Management Plan. We can fm'ther review the capacity of this system once this information is obtained from the City. Based on Item 4.26 in the Public Works Design Manual, 3-foot sumps must be constructed as the last structure which is road accessible prior to discharge to any water body. This would apply to Manholes #2 and #8. These structures should be changed on the plans. 5. It is recommended that the minimum parking lot grade should be 1%. 6. The retaining wall that is proposed west of the pond should be designed by an engineer and include a fence at the top. These details should be provided for review. 7. The overflow drainage for the parking area adjacent to Franklin Trail should be redirected east onto the parcel rather than overflow onto Franklin Trail. 8. The overflow drainage for the west parking area should be redirected east to the pond rather than overflow outside the parcel. 9. The 2' contours a minimum of 200 feet beyond the property boundary in accordance with the city's 2002 Public Works Design Manual must be shown on the plans. 10. Sheet 5 states that 1.2 acre-feet of floodplain will be filled and 1.32 acre-feet of floodplain storage will be created. Details regarding the floodplain fill and mitigation calculations associated with volumes shown on Sheet 5 must be provided. 11. A transition detail from B612 curb to B618 curb at catch basins should be provided by the developer. 12. A skimmer structure should be used at the outlet of the pond. This concludes our review of the BluffHeights Development plan. If you have any questions or need additional information, please feel free to call me at (763)287-7196. c. Dave Hutton, P.E., WSB G.'lPROdECTSi2002!36bh~ffi~ts!wsbreview. doc Memorandum DATE: TO: FROM: RE: March 20, 2002 Jane Kansier, Planner Rober~ D. Hutchins, Building Official Site plan review for BluffHeights Following are the results of the preliminary Site plan review for the Bluff Heights building. Our review was based on the Minnesota State Building Code (MSBC) which adopted with amendments the 1997 Uniform Building Code (UBC) with handicap regulations of the Minnesota Accessibility Code Chapter 1341. Also requirements of the 1998 Minnesota State Fire Code (MSFC) which adopted with amendments the 1997 Uniform Fire Code (UFC). 1. Complete a Building Code analysis. UBC Chapter 5. Include the following: a. Occupancy Classification. Note: If Garages designated as S-3, provide a 3-hour occupancy separation between R-1. If designated as U-l, provide 2-hour area separation every 3000 s.f. from floor to roof deck. UBC Table 3-B and UrBC 312.2.2. b. Type of Construction. c. Location on Property. d. Allowable Floor Area. Note: a NFPA 13 system is required for fire department concerns. e. Height and Number of stories. f. Exiting. 2. Structural engineer to design retaining walls over 4'-0" in height. 3. Relocate the site fire hydrant south to the West peninsula by the West drive entrance. 4. Provide a Post Indicator Valve (PIV) on sprinkler supply line into buildings. Locate a minimum distance away the height of the building. 5. Provide fire lanes for fire apparatus response. Signage to read:" No Parking Fire Lane by order of Fire Department". Indicate on Site plan. Locate by Fire Hydrant and East parking lot and North Parking lot. UFC I001.7.1. 6. If provided, indicate means of lawn irrigation. May use separate service and metering for billin~ purposes. 7. Siamese connection and enunciator panels to be located by front entrance. The following are building plan comments: 8. Submit signed architectural, structural plans and a Certificate of Survey before building permit. Submit signed HVAC, plumbing, fire/smoke alarm, emergency lighting/exit signs and sprinkler plans. May be submitted at a later date. 9. Provide detail of lawn sprinkler service stub valve and backflow prevention details. 10. Provide HDCP signage details. 11. All Units not HDCP accessible must be HDCP adaptable and on a HDCP accessible route. MSBC 1341.Table 16.2 12. Provide two parking spaces for commuter van. MSBC 1300.4100. 13. Submit Energy Envelope Calculations. MN Energy Code 7670.0100 14. Submit a soils report. 15. An S.A.C. determination must be completed by the Metropolitan Waste Control Commission. Contact Jody Edwards at 651.602.1113. 16. Provide testing documentation indicating that exterior and interior walls, elevator wails, corridor floors, floor trusses/joists, and roof truss construction meets One hour fire resistive construction. UBC 703. 17. Provide documentation listing that construction (floors and walls) meets Sound Transmission Control ratings. UBC Appendix Chapter 12. 18. Submit the Structural Engineers requirements for Special Inspections UBC 1701.5. 19. One hour fire-rated Elevator Lobbies required. An elevator lobby must be separated from a corridor. UBC 1004.3.4.5 20. Stairways and landscaped area must be in Rated Shafts. Two floors are allowed to be open to each other. UBC 711.3 or an Atrium must be provided as per UBC 402. 21. Interior family rooms must be furnished with natural light. UBC 1203.2 22. Ventilation for the building must meet UBC chapter 12. Provide 15 CFM of ventilation per occupant in the corridor. 23. State of Minnesota Building Codes and Standards Division must inspect Elevator. MSBC 1307.0035. 24. Provide a Class III standpipe in each stairway. UBC 904.5.3 25. Provide fire extinguishers minimum 2A10BC rated, within 75 feet travel distance of all areas. UFC 1002. 26. Automatic garage doors to comply with State of Minnesota Statutes. MSBC 1300.5900 27. Post occupant load sign in Party Rooms. UBC 1007.2.6. 28. Provide maneuvering clearances and landings at the top and bottom of ramp in HDCP garages. MSBC 1341..0442 Subpart 6 29. Garage service doors must not swing over the step. UBC 1003.3.1.6 Exception 1.1 This is a preliminary review only on conceptual plans. Other code items will be addressed when the preliminary plans are submitted. The building plans must be reviewed by the Cities Developmental Review Committee (DRC) which consists of representatives of Planning, Engineering, Parks, Finance, and Building Departments. The DRC must approve the site plans before a building permit can be issued. 3 TO: EgOLT~ & M F"N K , IN(:::::. Consulting Engineers & Surveyors 1515 East Highway 13 · Burnsville, MN Phone (952) 890-0509 * FAX (952) Tran mitt l Letter Of A~-FENTION: RE: WE ARE I~ ENCLOSING [] SENDING UNDER SEPARATE COVER FOR YOUR REVIEW ~il RECORDS DISTRIBUTION [] APPROVAL [] PLEASE RETURN CORRECTED PRINTS REMARKS: VIA: ~ UPS (REGULAR) [] UPS (NEXT DAY) [] REGULAR MAIL ~ HAND CARRY WITH OUR [] APPROVAL [] DISAPPROVAL ~APPROVALWlTH CORRECTIONS C.C. TO MANKATO * FAIRMONT · SLEEPY EYE · BURNSVILLE · WILLMAR · CHASKA AMES, IA * LIBER1~, MO An Equal Opportunity Employer Consulting Eng!neers & Surveyors 1515 East HiGhway 13 Burnsville, MN 55337-6857 Phone (9,52) 890~509 · FAX (952) 890-8065 Memorandum Date: To: From: Re: 7/3/02 Sue McDermott, P.E., City Engineer City of Prior Lake Steve Albrecht, P.E. ~ Bolton & Menk, Inc. Bluff Heights 2"a Addition Prior Lake, MN BMI Proj. # T12.20609 The following is a discussion of engineering items that have been revised: WSB Review 6/10/02 1) 2) 3-foot sumps have been added to cb's #2 and #8 The proposed project is impacting areas above the pond NWL of 946.13. No wet volume information for the pond has been provided to our office as part of the original calculations from the City. Topo information for this project was completed down to the existing water level only. Storm sewer outlet #7 has been directed away from the pond outlet as much as is feasible. All issues from the previous comment letters have been addressed to my knowledge. Please contact me at (952) 890-0509 if you have any questions or need additional information. MANKATO * FAIRMONT * SLEEPY EYE * BURNSVILLE · WILLMAR · CHASKA AMES, IA · LIBERTY, MO An Equal Opportunity Employer o~ .I © 0 J July 11, 2002 Greg McClenahan GAM Management Corp. 5212 Hope Street Prior Lake, MN 55372 RE: Agenda and Agenda Report Attached is a City Council Agenda and Staff Report for the July 15, 2002, Special City Council meeting. The meeting will begin at 5:30 p.m. and is held at the Fire Station located at 16776 Fish Point Road (east of HWY 13 on the south side of CR 21). If you cannot attend the meeting or have any questions, please contact me at 447-9810. Sincerely, Jane A. Kansier Jane Kansier, AICP Planning Coordinator Enclosure I:\deptwork\blan kfrm\meetlrcc, doc 16200 Eagle Creek Ave. $.E.. Prior Lake, Minnesota 55372 t714 / Ph. (952) 44,7-4230 / Fax (952) 447-424-5 AN EQUAL OPPORTUNITY EMPLOYER REAL ESTATE DEVELOPMENT 5212 Hope Street Prior Lake, MN 55372 (952) 894-6400 Fax (952) 894-6421 July 23, 2002 Jane Kansier City of Prior Lake 16200 Eagle Creek Avenue SE Prior Lake, MN 55372 Re: Bluff Heights Apartments Dear Jane: Attached please find an Application for a SAC Waiver from the Met Council, which I have discussed with you on past occasions. The SAC Waiver is available from the Met Council pursuant to a Met Council program, which is described in the attached program description. The Application requires that the City Manager acknowledge the City's agreement that if the Met Council grants the waiver, the City will not collect SAC fees. If you have any questions regarding this matter, please contact me. Otherwise, please arrange for Frank Boyles to sign the Application and either return it to me or call me so that I may pick it up. Thank you for your attention to this matter. Sincerely, REA~S~ELOPMENT CORP. Gregory A. McClenahan President GAM/dao Enclosures Program Criteria: 1. Eligible units must meet due definition ofinclusionary homing set forth in M/q Stat. 473.255, Subd. 1 and Subd. 4 (see below), but do not have to receive LCA funding through the II-IA. 2. Eligible units must have rents affordable to households at no more than 50 percent of regional median income, or a purchase price affordable to households at no more than 60 percent of regional median income with incomes adjusted for household size. INCLUSIONARY HOUSING DEVELOPMENT An inclusionary housing development is a new construction development (new housing or converted vacant buildings), owner-occupied or rental housing, or a combination of both, with a variety of prices and designs which serve families with a range of incomes and housing needs, and demonstrates identifiable unit cost avoidance or reduction as the result of the use of local incentives in the form of local restrictions that would otherwise add to the cost of the housing. These incentives may include but are not limited to: density bonuses, reduced setbacks and parking requirements, decreased roadwidths, flexibility in site development standards and zoning code requirements, waiver of permit or impact fees, fast-track lXmittin4 and approvals, or any other regulatory incentives that will result in identifiable cost avoidance or reductions that contribute to the economic feasibility of inclusionary housing. ~2~ MetroPolitan Council Improve region~] campetlttuene~s in a globo] economy SAC Waiver Demonstration Program Program Description: The Metropotitaa Council proposes to implement a three-year SAC Waiver Demonsh'ation Program as permitted by Minnesota Statutes, section ~473.255, sub& 3, wh/ch says: The metropolitan council may work with municipalities and developers to provide incentives to inclusionary housing developments such as waiver of service availability charges and other regulatory incentives that would result in identifiable cost avoidance or reductions for an inclusionary housing development. Program Purpose: To demonsWate the usefuiness of SAC waivers in further reducing houdag eosts for low- income honsehold~ and complement the cost reduction incentives provided by local government in inclusionary housing developments. Program Financing: The demonstration program will be funded by the use of SAC Reserve Funds. If the program is made permancnt~ or a larger expense is anticipated, a permanent funding source will be pursued through legislation. Program Elements: I. $750,000 three-year demonstration program 2. $250,000 per year total waiver limit with waivers granted on a first come - first served basis 3. Waiver applicable for use within 24 months of Council authorization 4. Eligible units must be served by the Metropolitan Disposal System (MDS). 5. Altho ~u~gh there is _ao specific local dollar match ofthe. MDS_SAC_Lvaiv~_~j~posals ~eekiu~ SAC waiver will need to_demonstrate cost avoidance and reduction through the use of local incentives to q ~u~ify it as an lnclusionar7 Housing Development. ~ local incentives _~y inelud_e possible waiver of local fees, inelnal.g the 1coal Date: Application for Inclusionary Housing Service Availability Cha~e (SAC) Waiver Bluff Heights Apartments, ApplicantName: Limited Partnership 5212 Hope Street Ad~e~: Prior Lake, M~ 55372 Phone: (952) 894-6400 Conm~Name: Gregory A. McClenahan Remit to: Meu'~politan Council Community Development Division Atto: Guy D. Petevson Meats Park C~mre, 2~ Floor 230 Ea~ Fifl~ Street St. Paul M2q 55101 ... i.. fnclUsionarY. H-ousin~: Development I~fOr~On Bluff Heights Apartments Development Name: Loca~on(C~y): Franklin Trail SE and Brunswick Ave. SE, Prior Lake, MN 55372 DeveinpmentSi~AddremorLeg~lDesc~p~on: Lots 1 and 2, Block 1, Bluff Heights Addition To~al Numb~ of Un,u: 4 9 Owner~hi? Un~: U N~ of~ by ~ (~.g.: W~p ~, To~o~ ~, Ele~or ~), S~gle F~miiy (S~, D~lex ~P) 49 E Anticipated Sale~ Prices (ownership): /mticipa~d Mc~fl~ly Rem~ (plus tem~t-prid u~ili~e~) by bedroom s/ze: 603-971/ 30% of zncome See attached rent summary. Unit mix includes 10 public housing units, 4 market rate units and 35 tax credit .~ticii~ted:~Ho m~eli bk[,~nc~me~ ~f'o~ ~nersliq~1~'~i f~ :. · . Indica~ number and pcb. cat of tmlt~ for cacti immm¢ lcvcl prope,,~cL l#) or l#) or (#) or % or,he units w/Il target hotmeholds a/. % of the units will target households at % of ~he uni~ will target households at % of area medlan income % of area median income .% or le~s ofa~a median income 10 units will be public housing owned by Scott Co. HRA __.(#) or % of the units will targat households at % of at~a median income 35 (#)or 69 % of :he units will target households a~ 30 % of area meclia~ income .(#) or % of~hc units will target households at ]0 % or less of area median income '=~--- 11% of the units will be market rate units Number of units by type seeing SAC waiver - (Walk-tap (WU), Towahou~e (TH), Elevamr CE), Single Family (SF), Duplex (DP): Ownership Rent, al Number Type Number Type Number of units seeking waiver that: · Are being developed with the assistance of some form of public subsidy or financiai involvement, e.g., low-income tax credits, tax increment financing, M~lrA or HUD financing, LCA assistance, etc. /49 · Will have hook-ups for individual lannd~ washing machines /49 · Will have garbage disposals and dish washer~ /49 Describe the local inclusionary housing incentives that make the proposed development an inclusionary housing development and the dollar va~ue of the cost reduction or cost avoidance associated with each incentive. Examples of possible local incentives are as follows: · Density Bonus · Reduced Setbacks · Reduced Parking Reqttiremenls · Decreased Roadwidths · Flexibility in site development standards and zon/ng code or garage requirements · Waiver of permit or impact fees · Fast-track p~.aitfing and approvals · Other regulatory incentives This a~pHcation is submiv, ed by the undersigned with the full knowledge and con,~al: of the governing body and i~ In ~ thai/fMC. ES SAC waiver is approved, it will not collec~ the MCES SAC for the units for wh/ch CiVp Man~dm~istramr Da~ -- Aultaorizmg signature end title 2BR 2BR 3BR UNITS: [ ,077 OTAL GRP: $~7.056 so L so! sol SOl SOl S0 0.0 $0 0.0 $0 J 00 $0 O.O SO 0.0 SO 0.0 SO 0.0 SO 0.0 SO 0.0 ' Indiea~ if: H97C,HOM~ Market Rate (MR). EmploYee Occumed (EO), Ov~er Oe~u°i¢~' (O0), ~j~'~t Base{l A~sista~c~ (PBA), Hollm~ (MHOP), Federally Assasz~l (FA) 0 JMHOP pHA OW'; IMHOP pHA Ow~ ~OJECT NAME ~fl~il~ 2nd Addition Name of Perrnltte~ ~:~i~nehen, GAM Management Coq3, Parmitt~m'a Address STATUS OF PERMIT APPLJCATION [] Approved [] Approved wtth conditlo~e PRIOR lAKE-SPRING LAKE WATERSHED DISTRICT PERMIT APPLICATION STATUS NOTICE PERM~ NO. Telephone #: Fax #: [] Tabled [] Denied EXPLANATION At the 7/9/02 meeting of PLSLWD Board, t~is permit application was conr~dered and approved. The approval Includes a variance from the requirements for inf-~¥afion, The approval in¢ludes e requirement to monument buffer strips end record a "Declaration end A~ceptance of Conaewation Eaeemeot' to memorialize b~e buffer A~ noted herein, applicant must pay fees and provide any security required and then obtain the permit before constzuctlon may begin on site. Security required ia $t ,500 in the form of car. h or aa a letter of credit (LOC), if LOC, it should at lea~t cover the time estimated to complete the project and ,~ertlfy completion of the requirements of this permit. ,l.f,,it ia later de,tarmined that it will not cove. r ~lt entire period, renewal of the ,LOC w~ be required. Filing + 2 In.paten Fees $ 60 Review Fees: Di~fict Staff 8 hours ~ $40/hour $ 320 Engineering Consultant 1.8 hours ~ 132.44/hour $ 211.90 Legal Fee $ Total $ 5el Amount Previouaty Paid $ 60 Total Due $ 531 .go Approved Permits will be issued upon receipt of fees ese~seed. You may pay the amount by check, bank draft or money order made payable to the Prior Lake-Spring Lal(e Watarahed Di~tfiot. If con~nued in~e~on and moniterlng oft~e authorized e~ivlty ie necessary due to n~ncomptianca, eddittonal fees may be charged. Minnesota Statutes 103C),345, Subd. 2(1990) atatee that b'~e Managers of a watarl~lled district may charge, in addil~on, e field Inspec~on fee to cover a~ual ~oals related to a ~teld Inspection, inoluding investigation of ~e area affected by ~ proposed acavlty, analy~ie of the proposed activity, aandcea of a ~3nauJtant, and any required eubeequent monitoring of ~'le proposed eo~ty. Coats of mordtoltng an activity euttm~zad by permR ma~ be chel~d arlcl ~o~ected.,,a,a,neceesal'~ al[er I~uarloa of ~ pen?, IL .... OgHS ~]!¥M lS ld ~dtO:$ ~00~ Consulting Engineers & Surveyors 1515 East Highway 13' Burnsville, MN 55337-6857 Phone (952) 890-0509 · FAX (952) 890-8065 July 23, 2002 Mr. Greg McClenahan GAM 5212 Hope Street Prior Lake, MN 55372 Bluff Heights 2"d Addition, Prior Lake Metropolitan Council SAC Waiver Demonstration Program Dear Mr. McClenahan: As requested I have reviewed the variance granted by the Prior Lake/Spring Lake Watershed (PLSLWD) District to your project for eligibility with the above referenced program. The PLSLWD granted a variance to your project from section I, sub-section ii of Rule D for Stormwater Management. This rule requires that all projects infiltrate a minimum of 0.5 inches of runoff for all new impervious surface. Site soil borings indicate that site soils are type D with low infiltration capacity. For this reason a variance was granted to the infiltration requirement. Without the variance you would have been required to construct a 20,000 s.f. infiltration basin. The following is an estimated cost breakdown for the basin based on watershed requirements and existing site conditions. Item Units Quantity Unit Cost Cost Common Excavation C.Y. 1,000 $ 7.00 $ 7,000.00 (includes disposal) Infiltration Area Preparation S.Y. 2,200 $1.00 $ 2,200.00 Overflow Outlet L.S. 1 $ 500.00 $ 500.00 Infiltration Basin Seeding Acre .5 $1,500.00 $ 750.00 Estimated Construction Cost $10,450.00 It is estimated that construction and restoration of the basin will be $10,450. MANKATO * FAIRMONT * SLEEPY EYE · BURNSVILLE · WILLMAR · CHASKA AMES, IA · UBERW, MO Am Eclu~l OpPortunity Eq~plover GAM July 23, 2002 Page 2 Please contact me at (952) 890-0509 if you have any questions or need additional information. Sincerely, Bolton & Menk, Inc. Stephen A. Albrecht, P.E. Project Engineer F:\_CivilXPRIV~T 1220609'~acwmver.wpd FILE August 3, 2002 Bluff Heights Apartments, Limited Partnership Attention: Gregory A. McClenahan 5212 Hope Street Prior Lake, MN 55372 RE: City Council Action on CUP Dear Mr. McClenahan: On Monday, July 15, 2002, the Prior Lake City Council approved your application for a Conditional Use Permit for a multi-family building to be known as Bluff Heights. The approval of this CUP subject to the following conditions: 1. Any changes required as a result of the review of the revised storm water runoff calculations must be incorporated into the site plan. 2. The applicant must provide building elevations specifically identifying the proposed architectural materials. The applicant must also provide building elevations for the detached garage. The exterior materials for the garage must be compatible to the principal structure. 3. The landscaping plan must be revised to include 2 additional trees. 4. The applicant must provide an irrigation plan with the building permit. 5. The lighting plan must be revised to ensure that light at the center of the parking lot along Franklin Trail does not exceed 1.0 footcandle at the right-of-way line. 6. The applicant must provide plans for the trash enclosures. The trash enclosures must be constructed of materials compatible with the materials used for the principal structure. 7. The applicant must provide the necessary documents granting the City drainage and utility easements prior to issuance of a building permit. The documents must be in a form acceptable to the City Attorney. 8. All issues identified in the memorandum from the Engineering Department, dated March 20, 2002 and prepared by Sue McDermott, City Engineer, the memorandum from WSB and Associates, dated June 20, 2002 and prepared by John Mackiewicz, and the memorandum from the Building Department, dated March 20, 2002 and prepared by Robert Hutchins, Building Official, must be reviewed by the Engineering and the Building Department and any required changes made to the site plan prior to · issuance of a building permit. 1:\02files\02cup\bluff heights~approval letter.doc Page 1 16200 Eagle Creek Ave. S.E.. Prior Lake, Minnesota 55372-1714 / Ph. (952) 447-4230 / Fax (952) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER 9. Upon final approval, the developer must submit two complete sets of full-scale final plans and reductions of each sheet. These plans will be stamped with the final approval information. One set will be maintained as the official CUP record. The second set will be returned to the developer for their files. The revised plans you submitted on July 3, 2002 address several of these conditions. However, you must submit the following items before final approval: · The applicant must provide building elevations specifically identifying the proposed architectural materials. The applicant must also provide building elevations for the detached garage. The exterior materials for the garage must be compatible to the principal structure. · The applicant must provide plans for the trash enclosures. The trash enclosures must be constructed of materials compatible with the materials used for the principal structure. · The applicant must provide the necessary documents granting the City drainage and utility easements prior to issuance of a building permit. The documents must be in a form acceptable to the City Attorney. Please submit at least two (2) full-scale copies and one reduced copy of the above information. Once we have received and approved all of the revised plans, wewill send you a certified copy of the resolution to be recorded, as well as a copy of the approved plans. No building or grading permits will be issued until this resolution is recorded. Thank you for your prompt attention to this matte. If you have questions relative to the review process or related issues, please contact me directly at 952-447-4230. Sincerely, ~a; S~oe ro'r dAi InCa tPo r Enclosure cc: DRC Members 1:\02files\02cup~bluff heights~approval letter.doc Page 2 REAL ESTATE DEVELOPMENT CORPORATION 5212 Hope S~eet PfiorLake, MN 55372 (952) 894-6400 Fax (952) 894-6421 August 28, 2002 Jane Kansier City of Prior Lake 16200 Eagle Creek Avenue SE Prior Lake, MN 55372 Re: Bluff Heights Apartments Dear Jane: In connection with the conveyance of Lots 1 and 2 from David Voxland to me, the title company requires a certification regarding municipal subdivision regulations pursuant to Minn. Stat. §462.358, Subd. 4a. I have had cities either provide a certification on the Deed or a separate certification for attachment to the Deed. ! am not certain how Prior Lake satisfies these matters, but I assume you are familiar with the issue. Attached for your review in consideration with this request, please find the page from the Title Commitment, which references the request, a copy of the applicable statute, and a copy of the two Warranty Deeds which will convey the property from Mr. Voxland to me. ! would appreciate your advising me how this title policy requirement will be satisfied by Prior Lake. I look forward to your reply. Sincerely, EVERGREEN REAL ESTATE DEVELOPMENT CORP. President GAM/dao Enclosures Commonwealth COMMONWEALTH [,AND TffL~ INSI. IP, ANCE COMPANY File No. 0239163C Reissue No. 1 Page 4 c) Mortgage encumbering the estate or interest in land as described on Schedule A executed by Bluff Heights Apartments, Limited Partnership, a Minnesota limited partnership, to Proposed Insured (Lender) to secure the payment of a note in a principal amount equal to the amount insured hereunder. Pay the full consideration to, or for the account, of the grantors or mortgagors. Pay all taxes, charges, assessments, levied and assessed against subject premises, which are due and payable. Satisfacto~r evidence should be had that improvements and/or repairs or alterations thereto are completed; that contractor, sub-contractor, labor and materialmen are all paid; and have released of record all liens or notice of intent to perfect a lien for labor and material. If the transaction is closed by Title Professionals and Abstract Company, the Social Security number of Seller of Federal ID number of selling entities and forwarding address must be provided at or prior to closing to comply with the Tax Reform Act of 1986 and the 1099S Form executed at closing unless the Seller is a co~poration or governmental unit. Provide standard form Seller's Affidavit in recordable form, executed by David L. Voxland and Catherine E. Voxland, husband and wife. If provided Items 2 and 4 of Schedule B - Section 2 will be deleted from the Policy to be issued pursuant to this Commitment. Provide the Company's Partnership Affidavit in recordable form executed by Bluff Heights Apartments, Limited Partnership, a Minnesota limited partnership. Note: The partners signing this Affidavit must be all the partners or those authorized to sign on behalf of the other partners. A party and/or parties to the transaction that will execute instruments to be recorded is a general and/or limited partnership. We require disclosure, prior to closing, of the names of all partners who will execute documents to be recorded on behalf of the general and/or limited partnership, so that name searches for bankruptcy can be conducted pursuant to Revised Title Standard No. 82. 9. File of Record the Declaration of Covenants, Conditions and Restrictions (including Plat) Note: We require opportunity to review said instnnnent prior to closing and reserve the right to make additional requirements and/or exceptions based upon said review. [ 10. Recordable certification of approval, nonapplicability, or waiver of municipal subdivision regulations k~ ~ issued by the city clerk must be attached to the conveyance pursuant to Minn. Stat. Section 462.358, ) I I. The proposed conveyance results in the subdivision of an existing tax parcel. Accordingly, we require full payment of real estate taxes for the year 2002, in the amount as set forth on Schedule B - Section 2 hereof. Continued on next page... RS ~d il It' i~0uslNG, REDEVELOPMENT, PLANNING § 462.358 will suffer substantial financial damage as a consequence o£ a requirement to submit a new application, in connection with a subdivision involving planned and staged development, a municipality may by resolution or agreement grant the rights referred to herein for such periods of time longer than two years which it determines to be reasonable and appropriate. Subd. 4. Repealed by Laws 1982, c. 415, § 3, elf. March 16, 1952. Subd. 4a. Disclosure by seller; buyer's action for damages. A person conveying a new parcel of land which, or the plat for which, has not previously been filed or recorded, and which is part of or would constitute a subdivision to which adopted municipal subdivision regulations apply, shall attach to the instrument of conveyance either: (a) recordable certification by the clerk of the municipality that the subdivision regulations do not apply, or that the subdivi- sion has been approved by the governing body, or that the restrictions on the division of taxes and filing and recording have been waived by resolution of the governing body of the municipality in this case because compliance will create ~n unnecessao' hardship and failure to comply will not interfere with the purpose of the regulations; or (b) a statement which names and identifies the location of the appropriate municipal offices and advises the grantee that municipal subdivision and zoning regulations may restrict the use or restrict or prohibit the development of the parcel, or construction on it, and that the division of taxes and the filing or recording of the conveyance may be prohibit- ed without prior recordable certification of approval, nonapplicability, or waiver from the municipality. In any action commenced by a buyer of such a parcel against the seller thereof, the misrepresentation of or the failure to disclose material facts in accordance with this subdivision shall be grounds for damages. If the buyer establishes a right to damages, a district court hearing the matter may in its discretion also award to the buyer an amount sufficient to I~Y all or any part of the costs incurred in maintaining the action, including reasonable attorney fees, and an amount for punitive damages not exceeding five per centum of the purchase price of the land. Subd. 4b. Restrictions on Filing and recording conveyances. In a munici- pality in which subdivision regulations are in force and have been filed or recorded as provided in this section, no conveyance of land to which the regulations are applicable shall be filed or recorded, if the land is described in thc conveyance by metes and hounds or by reference to an unapproved rrgistered ~land survey made after April 21, 1961 or to an unapproved plat made alter such regulations become effective. The foregoing provision does not appl) to a conveyance if the land described: (1) was a separate parcel of record April 1, 1945 or the date of adoption of subdivision regulations under Laws 1945, Chapter 287, whichever is the later, or ol the adoption of subdivision regulations pursuant to a home rule charter, (2) was the subject of a written agreement to convey entered into prior to (3) ~as a separate parcel of not less than 2-1/2 acres in area and 150 feet in width oo January 1. 1966, or 221 WARRANTY DEED DEED TAX DUE HEREON: $ Date: ., 2002 FOR VALUABLE CONSIDERATION, David L. Voxland and Catherine E. Voxland, husband and wife, Grantors, hereby convey and warrant to LSPI Exchange Corp., Grantee, real properly in Scott County, Minnesota, described as follows: Lot One (1) and Lot Two (2), Block One (1), BluffHeights Addition, according to the recorded plat and survey thereof on file and of record in the office of the County Recorder in and for Scott County together with all hereditaments and appurtenances belonging thereto, subject to the following exceptions: (a) (b) Covenants, conditions, restrictions, declarations and easements of record, if any; Reservations of minerals or mineral rights by the State of Minnesota, if any; Building, zoning and subdivision laws and regulations. The Seller certifies that the Seller does not know of any wells on the described real property. David L. Voxland Catherine E. Voxland STATE OF MINNESOTA ) COUNTY OF SCOTT ) The foregoing was acknowledged before me this __ day of L. Voxland and Catherine E. Voxland, lmsband and wife, Grantors. ,2002, by David This instrument was drafted by: Easthmd, Solstad, Cade & Hutchinson, Ltd. 4200 County Road 42 West Savage, MN 55378-4048 Notary Public Tax Statements for the real property described in this instrument shoald be sent to: Bluff Heights Apartments, Limited Partnership 5212 Hope Street Prior Lake, MN 55372 WARRANTY DEED STATE DEED TAX DUE HEREON: $ Date: ,2002 FOR VALUABLE CONSIDERATION, LSPI Exchange Corporation, a Nevada corporation, Grantor, hereby conveys and warrants to Bluff lteights Apartments, Limited Partnership, Grantee. a limited partnership under the laws ofthe State of Minnesota, real property in Scott County. Minnesota, described as follows: Lot One (I) and Lot Two (2), Block One (1), BluffHeights Addition, according Io the recorded plat and survey thereof on file and of record in the office of the County Recorder in and for Scott County together with all heredltaments and appurtenances belonging thereto, subject to the following exceptions: (a) (b) (c) Covenants, conditions, restrictions, declarations and easements of record, if any; Reservations of minerals and mineral rights by the State of Minnesota, if any; Building, zoning and subdivision laws and regulations. The Seller certifies that the Seller does not know of any wells on the described real properly. LSPI EXCHANGE CORPORATION By:. David Kuns Its: Vice President STATE OF CALIFORNIA ) COUNTY OF SANTA CLARA ) The foregoing instrument was acknowledged before me this day o f 2002, by David Kuns, who acknowledged Ire is the Vice President of LSPI Exchange Corporation, a Nevada corporation, on behalf of the corporation, Grantor. Tills INSTRUMENT WAS DRAFTED BY: EASTLUND, SOLSTAD, CADE Notary Public Tax statements For the rca1 properly described in this instrument should be sent to: Blufflleights Apartments, I.i~ni/ed Parlnership 16200 Eagle Creek Avenue S.E. Prior Lake, MN 55372-1714 FILE COPY September 10, 2003 Bluff Heights Apartments, Limited Partnership Attention: Gregory A. McClenahan 5212 Hope Street Pdor Lake, MN 55372 RE: Bluff Heights Apartments Dear Mr. McClenahan: The Bluff Heights Apartment building is now near completion. I understand it is your intention to sell some of the units to the Scott County HRA. In order to sell any units individually, a ClC plat must be completed. Please keep in mind that the City of Prior Lake Subdivision Ordinance requires City approval of any ClC plat. Attached for your use is an application for approval of a tlC plat. The application also includes an explanation of the procedure and a checklist identifTing the required submittals. T~iis application must be completed and returned to the Planning Department, along with all of the necessary submittals, at least 30 days pdor to the City Council meeting. Thank you for your attention to this matter. If you have questions, please contact me directly at 952-447-9810. Sincerely, ~'~'~e ~nsier, AICP '"Planning Coordinator Enclosure cc: DRC Members ':\03 flies%03 subdivisions\03 cic~bluff helghts~ap~e(:~orlake.com Page 1 Phone 952.447.4230 / Fax 952.447.4245 September 23, 2002 Julie LaSota Minnesota Housing Finance Agency 400 Sibley Street, Suite 300 St. Paul, MN 55101-1998 Mary Ann Nunes Title Professionals 24 8th Avenue South P.O. Box 873 St. Cloud, MN 56302-0873 Thomas P. Fulton Family Housing Fund Midwest Plaza West, Suite 1650 801 Nicollet Mall Minneapolis, MN 55402 William Anderson Minnwest Bank, M.V. P.O. Box 7429 St. Cloud, MN 56302 Ashlie Johnson Columbia Housing 111 SW 5th Street, Suite 3200 Portland, OR 97204-3635 RE: Bluff Heights Apartments, Prior Lake, Minnesota Dear Ladies and Gentlemen: This letter is in response to your request for zoning information on the property legally described as Lots 1 and 2, Block 1, Bluff Heights Addition. This property is zoned R-4 (High Density Residential). On July 15, 2002, the Prior Lake City Council adopted Resolution #02-118, approving a conditional use permit for a 49-unit apartment building on this site. The building, together with the required improvements, including parking, landscaping, grading, lighting and so on, must be built in compliance withthe approved plans. In order to construct the approved building, Mr. Gregory McClenehan, doing business as Bluff Heights Apartments, LLC, has officially combined the above-described lots into a single parcel. Mr. McClenehan has also submitted an application for a building permit. 1:\02files\02cup~bluff heights~oning letter.doc Page 1 16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (952) 447-4230 / Fax (952) 447-4245 AN EQUAl OPPORTUNITY EMPLOYER I hope this information is helpful. If you have questions, please contact me directly at 952-447-4230. Sincerely, Enclosure CC: Gregory McClenehan DRC Members h\O2files\O2cup\bluff heights~zoning letter.doc Page 2 September 24, 2002 Bluff Heights Apartments, Limited Partnership Attention: Gregory A. McClenahan 5212 Hope Street Prior Lake, MN 55372 RE: Case File No: 02-026; CUP for multi-family dwelling in the R-4 zoning district Dear Mr. McClenahan: Enclosed for your files is a copy of the approved plans for the above referenced conditional use permit (Bluff Heights Apartments). I have also enclosed a copy of the assent form. The city has received your application for building permit and it is in the process of review. If you have any questions concerning the conditional use permit, please contact Jane Kansler directly at (952) 447-9812. Sincerely, Planner Enclosures 1:\02files\02cup\bluff hei§hts~approved plans.doc Page 1 16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (952) 447-4230 / Fax (952) 447-4245 AN EQLAL OPPORTUNITY EMPLOYER Message Page 1 of 1 Jane Kansier From: Jane Kansier Sent: Friday, October 04, 2002 10:20 AM To: 'bill@jamesdevelopment.com' Subject: RE: Bluff Heights Apartments, Exterior finishes Bill: The Zoning Ordinance requires a minimum of 60% Class I materials on the exterior of the buildings. According to the approved plans, the exterior materials consist of brick veneer and textured cement stucco. These materials are required to meet the Class 1 requirements. EFIS is not considered a Class 1 material. The building must be constructed according to the approved plans. I hope this information is helpful. Please let me know if you have any questions. Jane Kansier, AICP Planning Coordinator City of Prior Lake ..... Original Message ..... From: Bill Clark [mailto:bill@jamesdevelopment.com] Sent: Friday, October 04, 2002 9:41 AM To: jkansier@cityofpriorlake.com Subject: Bluff Heights Apartments, Exterior finishes Ms. Kansier, My name is Bill Clark and I represent the General Contractor for the above named project. We have a question concerning the exterior finishes and were directed to contact you by Bob Hutchins. The question is whether the city will allow either Stucco or EFIS to be installed. The plans comply with the percentage requirements but which material we are to use is unclear. Does the city have any directives in place regarding the use of these two materials? You can drop me a note or call me at the following number; 320-252-2528 Thank you in advance for your efforts. 10/4/2002 Jane Kansier Page 1 of 2 From: Sent: To: Cc: Frank Boyles Monday, December 02, 2002 2:02 PM Sue McDermott Craig Eldred; Bud Osmundson; Jane Kansier; Mary Olson; Ralph Teschner Subject: RE: MIKE BABCOCK TELEPHONE CALL Thanks for the straight scoop. I spoke with Craig as well. I also had Ralph call Mike with the accurate record since they go way back. Frank ..... Original Message ..... From: Sue McDermott Sent: Monday, December 02, 2002 10:38 AM To: Frank Boyles Cc: Craig Eldred; Bud Osmundson; .lane Kansier; Mary Olson; Ralph Teschner Subject: RE: MIKE BABCOCK TELEPHONE CALL Frank- This was a water main break that occurred after the Bluff Heights apartment hook up last Tuesday (11/26) but not because of it. The service was installed using a wet tap which does not require the water main to be shut down, but unfortunately a break occurred in the area of the connection during the construction. The repairs were not done Tuesday evening because Dr. Babcock had patients until 8:00 p.m. The water was shut down on Wednesday (11/27) morning at 5:00 a.m. and was back in service by 8:15 a.m. If it had been a scheduled shut down, Dr. Babcock would have been given an advance notice. Sue M. ..... Original Message ..... From: Frank Boyles Sent: Monday, December 02, 2002 10:21 AM To: Bud Osmundson; Craig Eldred; Nary Olson; Sue McDermott; Ut:ilitybilling; Jane Kansier; Ralph Teschner Subject: M[KE BABCOCK TELEPHONE CALL You may have already spoken to Dr. Babcock but I wanted to share two concerned he has. Babcock's dental offices are located at Franklin Trail and TH 13. His water was shut off last week without notice. I presume that the water was being hooked up for Bluff Heights, Keystone Community, or Timber Crest. In any case he was out or business for a few hours which affected both his employees and customers. I explained to him that if it was a break we have no way of advising him with advance notice but if it is a hook up it seems to me that we could, even if it involves mandating that the contractor distribute flyers. That seemed to be all he wanted on that topic. I can see his concern and I suspect it will happen again soon unless all of these developments have been connected. Is there any reason why we could not try to provide advanced notice? Please let me know. On another topic, he was concerned about Bluff Heights and particularily the fact that grading along the property line may have disrupted the roots of trees on his property. He wanted to know what his recourse would be if the trees died in a year or two? Jane could you let me know? Thanks, Frank. Frank Boyles 12/9/2002 Page 2 of 2 City Manager CITY OF PRIOR LAKE 16200 Eagle Creek Ave. SE Prior Lake, MN 55372 Direct Dial: (952) 447-9801 Fax: (952) 447-4245 12/9/2002 Page 1 of 1 Jane Kansier From: Jane Kansier Sent: Monday, December 02, 2002 2:26 PM To: Frank Boyles; Bud Osmundson; Craig Eldred; Mary Olson; Sue McDermott; Utilitybilling; Ralph Teschner Subject: RE: MIKE BABCOCK TELEPHONE CALL Frank: The Zoning Ordinance does not really cover trees on adjacent lots. For trees on the subject property, they are required to protect them from the drip line, not the root zone. There should not have been any grading outside of the Bluff Heights property, and if the grading occurred outside of the existing trees' drip line, they should be okay. I guess I would suggest Dr. Babcock take pictures now and document the condition of the existing trees. If any damage occurs within the next year, he will at least have a record. Our ordinance only guarantees landscaping for 1 year. Anything beyond that would be difficult to prove er enforce. I don't know how helpful this is, but it gives him some action steps. Jane Kansier, AICP Planning Coordinator City of Prior Lake ..... Original Message ..... From: Frank Boyles Sent: Monday, December 02, 2002 10:21 AM To: Bud Osmundson; Craig Eldred; Mary Olson; Sue McDermott; Utilitybilling; 3ane Kansier; Ralph Teschner Subject: MIKE BABCOCK TELEPHONE CALL You may have already spoken to Dr. Babcock but I wanted to share two concerned he has. Babcock's dental offices are located at Franklin Trail and TH13. His water was shut off last week without notice. I presume that the water was being hooked up for Bluff Heights, Keystone Community, or Timber Crest. In any case he was out or business for a few hours which affected both his employees and customers. I explained to him that if it was a break we have no way of advising him with advance notice but if it is a hook up it seems to me that we could, even if it involves mandating that the contractor distribute flyers. That seemed to be all he wanted on that topic. I can see his concern and I suspect it will happen again soon unless all of these developments have been connected. Is there any reason why we could net try to provide advanced notice? Please let me know. On another topic, he was concerned about Bluff Heights and particularily the fact that grading along the property line may have disrupted the roots of trees on his property. He wanted to know what his recourse would be if the trees died in a year or two? Jane could you let me know? Thanks, Frank. Frank Boyles City Manager CITY OF PRIOR LAKE 16200 Eagle Creek Ave. SE Prior Lake, MN 55372 Direct Dial: (952) 447-9801 Fax: (952) 447-4245 12/9/2002 - OS:5?AM FROM COLE GROUP ARCHITECTS 19524474245 P.O1 Norm Cole O~...ober 21, 2OO2 Rober~ Hutchins 952..447..4245 962-44-7.4230 ~ 4 HeiSts CC: P~ Site Plarl Revisions: ~ ~ouM,mo~ ~he al:~ldme~ I~Jil~in~ 2 -8" to the east. We ~ mo~ th~ ~ar~e I~Jtlding 13~-~0r':to the east. Please sham this with Jane and let US know if this proposal is workable, Pl~se call with !Nb~ITI Cole any queslions...Than~You. ~ 09:57RM FROM COLE GROUP ARCHITECTS 195244?4;245 P.02 PROM COLE GROUP ARCHITECTS '1- -ri i-- m 0 z .0-' 19524474245 P.O3 r-m ~ 09:59AM F~ COL~ F_~OUP AR£HIT~CTS TO 19524474~45 .-,,. () FORM OF ZONING LETTER (to be retyped on City letterhead) ,2002 Julie LaSota Minnesota Housing Finance Agency 400 Sibley Street, Suite 300 St. Paul, MN 55101-1998 Mary Ann Nunes Title Professionals 24 Eighth Avenue South P.O. Box 873 St. Cloud, MN 56302-0873 Thomas P. Fulton Family Housing Fund Midwest Plaza West, Suite 1650 801 Nicollet Mall Minneapolis, MN 55402 William Anderson Mirmwest Bank, M.V. P.O. Box 7429 St. Cloud, MN 56302 Ashlie Johnson Columbia Housing 111 SW Fifth Street, Suite 3200 Portland, OR 97204-3635 Re: Bluff Heights Apartments Prior Lake, MN Units One (1) and Two (2), Lots One (1) and Two (2), Block One (1), Bluff Heights Addition Ladies and Gentlemen: The undersigned hereby certifies with respect to the property legally described on Attachment A as follows: The property is classified as R-4, heavy density residential zone, pursuant to which the project may be used as rental housing for low income families without the need for variance or exception. Yes [] No [] Comments: ,2002 Page 2 The project, when completed for its intended use as an apartment building with related facilities, will comply with all applicable zoning codes, city ordinances and building, environmental and energy codes, ordinances and regulations, including but not limited to, local ordinances and regulations regarding (i) the area, width or depth of the land on which the project is located; (ii) the floor space area of the project; (iii) the setback of the project from the property lines of the real estate on which the project is to be constructed, as legally described herein; (iv) the height of the project; and (v) parking. Yes [] No [] Comments: There are no variances, conditional use permits, or special use permits required for the construction of the improvements on the premises or its uses. If there are, specify the same in relevant terms or otherwise check here: None [] Comments: The real estate or premises comply with all applicable subdivision and platting requirements and may be sold as separate parcels without the filing of a plat or replat of the premises. Yes [] No [] Comments: All appropriate and required city permits, licenses and approvals have been provided for the intended use of the premises as rental housing. Yes [] No [] Comments: What are the parking requirements and does the premises comply? Yes [] No [] Comments: ,2002 Page 3 What are the setback requirements and does the premises comply? Yes [] Comments: No [] Is the premises located in a flood zone? Yes [] No [] Comments: Does the premises contain or affect wetlands; if so, have all federal, state and local reviews, permits, licenses and approval been obtained with respect to those wetlands. Yes [] No [] Comments: 10. There are no other known environmental or land use regulations or special exceptions or variances applicable to the project or the real estate. Yes [] No [] Comments: If there are any other additional facts regarding the premises and its proposed use which would be of material consideration, please include that information below. (signature of authorized person) Typed/Printed name of signatory_ Title of signatory ,2002 Page 4 City or governmental agency ,2O02 Page 5 Exhibit A Units One (1) and Two (2), Lots One (1) and Two (2), Block One (1), Bluff Heights Apartments, Scott County, Minnesota, according to the plat and survey thereof on file and of record in the office of the County Recorder in and for Scott County, Minnesota; FARMERS & MERCHANTS STATE BANK Irrevocable Letter of Credit No. 1185 Date: September 4, 2003 TO: City of Prior Lake 16200 Eagle Creek Avenue P~or Lake, Minnesota 55372-1715 Dear Sir or Madam: We hereby issue, for the account of James and Associates Development Company, Inc. and in your favor, our Irrevocable Letter of Credit in the mount of $47,470.00, available to you by your draft drawn on sight on the undersigned bank. The draft must: a) Bear the clause, "Drawn under Letter of Credit No. ) 185~ dated September 4, 2003, of Farmers and Merchants Sta~ Bank of Pierz"; b) Be signed by the Mayor or City Manager of the City of Prior Lake. c) Be presented for payment at l3012~d St.N. Sank Rapids, MN. 56379, onorbefore2:00pm on September 4, 2004. This letter of Credit shall automatically renew for successive one-year terms unless, at least forty- five (45) days lmor to the next annual renewal date (which shall be September 4 of each year), the Bank delivers written notice to the Prior Lake City Manager that it intends to modify the terms of, or cancel, this Letter of Credit. Written notice is effective if sent by certified mail, postage l~n~paid, and deposiled in the U.S. Mail, at least folly-five (45) days prior to the next annual renewal date addressed as follows: Prior Lake City Manager, Prior Lake City Hall, 16200 Eagle Creek Avenue, Prior Lake, Minnesota 55372-1714, and is actually received by the City Manager at least forty-five (45) days prior to the renewal date. This Letter of Credit sets forth in full our understanding which shall not in any way be modified, amended, amplified, or limited by reference to any doounent, insmunem, or agreement, whether 'or not referred to hereto This Letter of Credit is not assignable. This Letter of Credit shall be governed by the most recem revision of the Uniform Commercial Code Article 5 in effect in the state ffMiunesota. We hereby agree that a draft drawn under and in compliance with this Letter of Credit shall be duly honored upon presentation. ~ts Branch Manager/Loan Officer ~) Main Office: 80 Main Street · RO. Box 308 · Pierz, MN 56364 · ph. (320)468-6422 * fax (320)468-6427 Sauk Rapids Office: 1301 2nd Street North · P.O. Box 567 · Sauk Rapids, MN 56379 · ph. (320)252-5121 · fax (320)252-5327 WARRANTY DEED FILE COPY STATE DEED TAX DUE HEREON: $ Date: 5;~r~/.//z~ ,2002 FOR VALUABLE CONSIDERATION, LSPI Exchange Corporation, a Nevada corporation, Grantor, hereby conveys and warrants to Bluff Heights Apartments, Limited Partnership, Grantee, a limited partnership under the laws of the State of Minnesota, real property in Scott County, Minnesota, described as follows: Lot One (1) and Lot Two (2), Block One (1), BluffHeights Addition, according to the recorded plat and survey thereof on file and of record in the office of the County Recorder in and for Scott County together with all hereditaments and appurtenances belonging thereto, subject to the following exceptions: (a) (b) (c) Covenants, conditions, restrictions, declarations and easements of record, if any; Reservations of minerals and mineral rights by the State of Minnesota, if any; Building, zoning and subdivision laws and regulations. The Seller certifies that the Seller does not know of any wells on the described real property. ~lly Gl ;of'JOt LaKt? Subdivision regula6o~, as fo~h in Semion 6 of t~ C~ ~ ~ ~ ~, ,dl~esota, ~o not a~ ~ ~ ~ ~. '- ~L~r take Pla~nln~ Oe~e~ STATE OF CALIFORNIA ) )SS. CO~TY OF SANTA CLA~ ) LSPI;~]GE~ORATION David Kuns W Its: Vice President The foregoing instrument was acknowledged before me this /~' day o f 2002, by David Kuns, who acknowledged he is the Vice President of LSPI Exchange Corporat_io_n, a_N_ev_ad_a c_orp_or_atLon~o_n b. ehalf of the corporation, Grantor. '~ ~ Not~/Public - California ~ M *.~ P I.~l' ' ~ ~ Santa Clar. County [ ,.o..ry .uodc E. m sa. 24, " ............ Tax statements for thc rcai property described in this instmmcm should bc sent to: TI lis INSTRUMENT WAS DEAl:TED BY: EASTLUND, SOLSTAD, CADE & HUTCHINSON, LTD. 4200COUNTY ROAD42 WEST SAVAGE, MN 553784~8 Bluff Itcights Apartments, Limited Partnership 5212 Hope Street Prior Lake, MN 55372 WARRANTY DEED DEED TAX DUE HEREON: $ Date:.~f~/,~, 2002 FILE COPY FOR VALUABLE CONSIDERATION, David L. Voxland and Catherine E. Voxland, husband and wife, Grantors, hereby convey and warrant to LSPI Exchange Corp., Grantee, real property in Scott County, Minnesota, described as follows: Lot One (1) and Lot Two (2), Block One (1), BluffHeights Addition, according to the recorded plat and survey thereof on file and of record in the office of the County Recorder in and for Scott County together with all hereditaments and appurtenances belonging thereto, subject to the following exceptions: (a) (b) (c) Covenants, conditions, restrictions, declarations and easements of record, if any; Reservations of minerals or mineral rights by the State of Minnesota, if any; Building, zoning and subdivision laws and regulations. The Seller certifies that the Seller does not know of any wells on the described real property. the City of Prior Lr~ke 8ubdivisiotl reGuiauon$, as set forth iff Section § of ~ Ci~ ~e of ~ ~, ~ln~m, do not a~ to ~ ~1~ David L. Voxland Catherine E. Voxland STATE OF MINNESOTA ) ) SS. COUNTY OF SCOTT ) The foregoing was acknowledged before me this I ~rl'h day of ~la~r', 2002, by David L. Voxland and Catherine E. Voxland, husband and wife, Gr~l~tors. I lqd(ary Pultl c ~ NOTaRYpU~.J~-M~tESOI'A_ ~ Tax Statements for the real property · r ' . _ __~ described in this instrument should be sent to: This instrument was drafted by: Eastlund, Solstad, Cade & Hutchinson, Ltd. 4200 County Road 42 West Savage, MN 55378-4048 Bluff Heights Apartments, Limited Partnership 5212 Hope Street Prior Lake, MN 55372 DRAINAGE EASEMENT made and entered into this ~ day of This Drainage Easement, 2002, by and between Bluff Heights Apartments, Limited Partnership, a Minnesota limited partnership, Grantor, and the City of Prior Lake, Scott County, Minnesota, as Grantee, WlTNESSETH: Said Grantor, in consideration of One Dollar ($1.00) and other good and valuable consideration, to them paid by Grantee, receipt of which is hereby acknowledged, hereby grants an easement to said Grantee, its heirs and assigns, for permanent drainage purposes, including the retamage of water from storm sewer runoff, dredging of accumulated silt and restoration and maintenance of storm water storage capacity, lying over, under and across that part of Lot One (1) and Lot Two (2), Block One (1), BLUFF HEIGHTS ADDITION, according to the plat thereof on file and of record in the offices of the County Recorder in and for Scott County, Minnesota, described on the atlached Easement Exhibit and as follows: Beginning at the northeast comer of said Block i; thence South 88 degrees 4~. minutes 02 seconds West on an assumed bearing along the north line of said Block 1 a distance of 7.12 feet; thence South 29 degrees 18 minutes 53 seconds West a distance of 70.00 feet; thence North 82 degrees 45 minutes 56 seconds West a distance of 164.46 feet; thence North 28 degrees 00 minutes 00 seconds West a distance of 40.26 feet to the north line of said Block 1; thence South 88 degrees 44 rnmutes 02 seconds West along said north line a distance of 41.06 feet; thence South 22 degrees 00 minutes 00 seconds East a distance of 20.14 feet; thence South 04 degrees 30 minutes 00 seconds East a distance of 161.45 feet; thence South 16 degrees 58 minutes 09 seconds East a distance of 27.05 feet; thence North 86 degrees 00 minutes 00 seconds East a distance of 37.99 feet; thence North 04 degrees 00 minutes 00 seconds West a distance of 10.00 feet; thence North 86 degrees 00 minutes 00 seconds East a distance of 234.15 feet to the east line of said Block 1; thence North 10 degrees 41 minutes 45 seconds West along said east line a distance of 185.87 feet to the point of beginning and there terminating. The Grantee shall have the right to do whatever is necessary for the enjoyment of the rights herein granted, including the right of dredging the easement area to allow for the use of the easement area as stated herein, and for ingress and egress to and from said area and over and across said area only for the purposes of grading, dredging, maintaining and repairing said drainage area and facility. The said Grantors, for themselves, their heirs, executors, administrators and assigns do hereby release the City of Prior Lake, its successors and assigns, from all claims for any and all damages resulting to said land by reason of the location of said Drainage Easement. By acceptance of this easement, the Grantee agrees that it shall maintain the storm water runoff pond and its design capacity and restore and replace any improvements, shrubs or sod damaged or removed by it in the exercise of this easement. This Drainage Easement is effective as of the date above referenced. Date: 6;~-'~O' 02.-- GRANTOR: BLUFF HEIGHTS APARTMENTS, LIMITED PARTNERSHIP EverGreen/Real Estate De/.~tt,pm~nt Corp., By:_w/ ! t~'~ f ~ ' its:~ntA' ~lcelenahan STATE OF MINNESOTA ) COUNTY OF SCOTT ) The foregoing instrument was acknowledged before me this ~ ~) day of ~ ~2~[~. 2002, Gregory A. McClenahan~ President, EverGreen Real Estate Development Corp., General Parmer of Bluff Heights Aparm~ents, Limited Partnership, a Minnesota limited partnership, Gramor, on behalf ~f~aid Limited p_artnership. Notary Public This Instrument Was Drafted By: EASTLUND, SOLSTAD, CADE & HUTCHINSON, LTD. 4200 County Road 42 West Savage, MN 55378 (952) 8944400 ~z o :'4 LINE oF LOT 1 MEMORANDUM TO: Bluff Heights CUP File FROM: Cynthia Kirchoff, Planner DATE: October 28, 2003 RE: Landscape Plan Amendment The purpose of this memorandum is to document that staff has approved a minor modification in the approved landscape plan for Bluff Heights Apartments, upon request of the developer. The three Japanese Lilac Trees noted on the northeast portion of the site will not be planted. Instead, the developer has proposed three spruce trees. The trees will be 6 feet in height. L:\02FILES\02cup\bluff heights\landscape plan amend memo 10.03.doc Miscellaneous L:\TEM1~LATEkFILEINFO.DOC CITY OF PRIOR LAKE INSPECTION NOTICE SCHEDULED DATE OWNER CONTR. PHONE NO. PERMIT NO. PLUMBING RI MECH RI WATER HOOKUP SEWER HOOKUP PLUMBING FINAL [:] FOOTING [] FOUNDATION [] FRAMING [] INSULATION [] F-X/GRAD/FILLING C] COMPLAINT [3 FIREPLACE RI [] FIREPLACE FINAL [3 GASLINE AIR TST O [] WORK SATISFACTORY, PROCEED O CORRECT ACTION AND PROCEED t~ CORRECT WORK, CALL FOR REINSPECTION BEFORE COVERING Inspector: Owner/Contr: CALL 447°9830 FOR THE NEXT INSPECTION 24 HOURS IN ADVANCE. CODE REQUIREMENTS ARE FOR YOUR PERSONAL HEAl. TH & S. dFETY! to be IoCoted inimize impact WETLAND BUFFER ABM AM SO QS to EXISTING DRAINAGE ABM BHS 4 AWA '7 ABM MEMORANDUM TO: Bluff Heights CUP File FROM: Cynthia Kirchoff, Planner DATE: October 28, 2003 RE: Landscape Plan Amendment The purpose of this memorandum is to document that staff has approved a minor modification in the approved landscape plan for Bluff Heights Apartments, upon request of the developer. The three Japanese Lilac Trees noted on the northeast portion of the site will not be planted. Instead, the developer has proposed three spruce trees. The trees will be 6 feet in height. L:\02FILES\O2cup\bluff heights\landscape plan amend memo 10.05.doc FARMERS & MERCHANTS STATE BANK Irrevocable Letter of Credit No, 1185 Date: September 4, 2003 TO~ City of Prior Lake 16200 Eagle Creek Avenue Prior Lake, Minnesota 55372-1715 Dear Sir or Madam: We hereby issue, for the account of James and Associates Development Comlmny, Inc. and in your favor, our hrevocable Letter of Credit in the amount of $47,470.00. available to you by your draft drawn on sight on the undersigned bank. a) Bear the clause, "Drawn under Letter of Credit No. 1185, dated September 4, 2003, of Farmers and Merchants State Bank of Pierz"; b) Be signed by the Mayor or City. Manager of the City of Prior Lake. c) Be presented for payment at 1301 2nd St. N Sank Rapids, lVlN. 56379, on or before 2:00pm on September 4, 2004. This letter of Credit shall automatically renew for successive one-year terms unless, at least forty- five (45) days prior to the next anmtal mocwal date (which shall be September 4 of each year), the Bank delivers written notice to the Prior Lake City Manager that it intends to medffy the terms of. or cancel, this Letter of Credit. Written notice is effective if sent by certified mail, postage prepmd, and deposited in the U.S. Mail, at least forty-five (45) days prior to the next annual renewal date addressed as follows: Prior Lake City Manager. Prior Lake City Hall, 16200 Eagle Creek Avenue. Prior Lake. Minnesota 55372-1714, and is actually received by the City Manager at least forty-five (45) days prior to the renewal date. This Letter of Credit sets forth in full our understanding which shall not m any way be modified. amended, amplified, or limited by reference to any document, instrument, or agreement, whether 'or not referred to herein. This Letter of Credit is not assignable. This Letter of Credit shall be governed by the most recent revision of the Uniform Commercial Code Article 5 m effect m the state ff Miunesota. We hereby agree that a draft drawn under and m compliance with this Letter of Credit shall be duly honored upon presentation. Its Branch Manager/Loan Officer t,~ Main Office: 80 Main Street * P.O. Box 308 * Pierz, MN 56364 · ph. (320)468-6422 * fax (320)468-6427 Sauk Rapids Office: 1301 2r~d Street North * P.O. Box 567 ,, Sauk F~apids, MN 56379 · ph. (320)252-5121 * fax (320)252-5327 me~ & A~-~oci~¢~ ~¢v~lo?m¢~ 1257 2~ St. North, $~t~k P,~l~ids ~ ?H: ~t20-252-2528 Pax: ]20-252-0f~f~2 TO: 'FROM: DATE: REGARDING: TOTAL PAGES: t~ot~,~r z~ 8cJ/89/2083 JAMES ASSOCIATES 11:25 9524475148 PRIOR LAKE BLACKTOP PAGE 01 PRIOR LAKE BLACKTOP, INC. 17070 REVERE WAY PRIOR LAKE, MN 55372 952-447-6003, FAX 952-4474140 ! SAUK RAPIDS, Mi~ $63~9 Estimate PROJECT TOTAL DESCRIPTION LAST ~ WEJ. R MIX ON PARKING LOT ~TRIPPING g~ Tax QTY COST 11,791.00 500.00 6,50% 11,791D0 500.00 TOTAL $12,291 .oo 2003 tI:38AM KAHNKE BROTHERS ]NC N0,503] P, 2 I{AHNKE BROTHERS, INC. Sons of Taurus September 3, 2003 James & Associates Development Co,, Inc. 1257 2nd Street N Sauk Rapids, MN 56379- Attm Bill Clark Bill Clark: RE: Blufl'Heighkq 2nd addition Per your request of what is left to complctc and the amount~. 7,511 SYDS -- Sod - $13,895.35 3 .. 1.75" Lilac, Tree Japanese - $681.18 lCyou have any question.s, please call. Yo~u's truly, · ' L'Rtt.wc Kahnke Office: (952) 443.3800 Fax: (§52) 443-3689 September 3, 2003 James & Associates Development Co. Inc. 1257 2nd Street North Sauk Rapids, MN 56379 Attn: Bill Clark Price to install parking lot pole lights for the Bluff Heights Apartments is $7500.00. The concrete bases are installed and poles will be set on September 4th. Barring unforeseen circumstances these will be operational the same day. Brooks Gunderson G&A #Electric, LLC March 11, 2003 To Whom It May Concern: Lots 1 and 2, Block 1, Bluff Heights have recently been combined. A map of the property is enclosed. This address, 16638 Franklin Trail S.E., P.I.D. #25-019-001-0, falls within the current MSAG range. If you have any questions, feel free to call me at (952) 447-9830 or Jennifer Wittkopf at (952) 447-9833. Thank you. Sincerely, Engineering Department CITY OF PRIOR LAKE Enclosure JP:s 16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (952) 447-4230 / Fax (952) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER BrUnswick-- SE Ave _=.% II °(1:3