HomeMy WebLinkAbout06-22-98REGULAR PLANNING COMMISSION AGENDA
MONDAY, JUNE 22, 1998
6:30 p.m.
2.
3.
4.
Call Meeting to Order:
Roll Call:
Approval of Minutes:
Public Hearings:
A. Case #98-044 CONSIDER AN AMENDMENT TO PRIOR LAKE CITY CODE
RELATING TO REGULATIONS FOR THE OPERATION OF MOTORIZED
RECREATIONAL VEHICLES IN THE PRIOR LAKE CITY LIMITS
B. Cases #98-077 and 98-078 CONSIDER A CONDITIONAL USE PERMIT AND A
PRELIMiNARY PLAT FOR THE PROJECT TO BE KNOWN AS GLYNWATER
C. Case #98-017 CONSIDER A PRELIMINARY PLAT TO BE KNOWN AS
WlNDSONG ON THE LAKE 3RD ADDITION
5. Old Business:
6. New Business:
7. Announcements and Correspondence:
A. Downtown Redevelopment update.
B. Update on status of zoning administrator.
8. Adjournment:
16200 EagIe ~re[~ ~ ~.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
PLANNING COMMISSION MINUTES
JUNE 8, 1998
1. Call to Order:
The June 8, 1998, Planning Commission meeting was called to order by Chairman
Starnson at 6:31 p.m. Those present were Commissioners Cramer, Criego,
and Stamson and Planner Jermi Tovar.
2. Roll Call:
Vonhof
Kuykendall
Criego
Cramer
Stamson
Absent
Present
Present
3. Approval of Minutes:
The Minutes from the May 26,
presented.
approved as
4. Public Hearings:
5. Old Business:
Planner Jermi
documents requested by the Commissioners.
MOT
98-
APPROVE RESOLUTION
WIDTH OF
BUILDABLE; AND A
SETBACK FROM TOP OF BLUFF OF 47 FEET
81 FEET.
Discussion:
Kuykendall questioned the second part of the motion. Criego explained the various
easements on the property and the buildable portion was specified in the resolution.
Vote taken signified ayes by all. MOTION CARRIED.
B. Case #98-048 Variance Resolution for James Nerison
1:\98files\98plcomm\pcmin\nm060898.do¢
MOTION BY CRAMER, SECOND BY CKIEGO, RESOLUTION 98-12PC DENYING
A 5.2 PERCENT VARIANCE TO PERMIT IMPERVIOUS SURFACE COVERAGE
OF 35.2 PERCENT RATHER THAN THE MAXIMUM ALLOWED OF 30 PERCENT.
AND ALSO RESOLUTION 98-16PC APPROVING A 0.1 FOOT VARIANCE TO
PERMIT A SIDE YARD SETBACK OF 9.9 FEET RATHER THAN THE MINIMUM
REQUIKED SETBACK OF 10 FEET FOR AN UNCOVERED DECK ONLY.
Kuykendall questioned the rationale on this issue. Cramer and
Vote taken signified ayes by all. MOTION CARRIED .... ~==iii?===ii~=,T2='~i?i=,
Tovar reminded Commissioners of the Zoning Workshop ~i!~k~sday, June 9 at 5:30
Stamson and Tovar gave a brief overview ~i:~h~:i~i~[gwn..r~:~velopment workshop.
Kuykendall will not be able to attend and r~st~!ii~'~bn by staff of the
Criego and Kuykendall..l~:'conce~?:~ith the z~g. enforcement. Would like to see the
process for com' ' '"'. City's r~:0nse. A qu~i~' control program should be set up.
Kuykendall req
any plans in
enforcement procedures. Are there
program within the City government? Any
8.
The meeting a~j~h at 7:08 p.m.
procedures for re-appointment on Planning
1:\98 files\98plcomm\pcmin~nn060898.doc 2
PLANNING REPORT
AGENDA ITEM:
SUBJECT:
PRESENTER:
PUBLIC HEARING:
DATE:
4A
PUBLIC HEARING TO CONSIDER AN AMENDMENT
TO THE ZONING ORDINANCE RELATING TO
REGULATIONS FOR THE OPERATION OF
MOTORIZED RECREATIONAL VEHICLES (Case File
#98-044)
JANE KANSIER, PLANNING COORDINATOR
X YES NO
JUNE 22, 1998
INTRODUCTION:
The purpose of this public hearing is to consider regulations for the operation of
motorized recreational vehicles in the Prior Lake city limits. The regulations may
include such matters as locations for the operation of these vehicles, hours of
operation, use of the vehicles, required permits, equipment standards and
enforcement provisions. The hearing is also to determine what type of
regulations, if any, should be adopted.
HISTORY:
In the summer of 1997 and the spring of 1998, the City received several
complaints concerning the operation of off-road motorcycles in the area in and
near the Titus Addition. The complaints primarily concerned the noise and
disturbance caused by this activity.
On April 6, 1998, the City Council adopted a moratorium on the operation of
motorized recreational vehicles in order to allow the City the opportunity to study
the issue. The moratorium is effective for 90 days, or until July 6, 1998, although
the City Council has the option of extending the moratorium for up to 18 months.
DISCUSSION:
Draft #1 (see attached) of the proposed ordinance is the draft sent out for public
comment. This draft includes a definition of motorized recreational vehicles, and
other pertinent definitions, provisions for the operation of such vehicles, required
permits, equipment standards and enforcement provisions.
16200
1:\98fi~es\98ordamd\city\98-044\98044pc.doc
Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
This draft defines a motorized recreational vehicle as any "motorized two-, three-
or four-wheeled or track, self ~ropelled vehicle designed or used for recreational
purposes, including, but not limited to all-terrain vehicles, trail bikes, hovercrafts,
motorcycles, and motorized bicycles'; Snowmobiles are not included in this
definition since they are regulated under a separate chapter of the City Code.
This draft also outlines the location and manner of the operation of these
vehicles. Essentially, these regulations do not allow the operation of motorized
vehicles on any residentially zoned property less than 10 acres in size, on any
public property, in any careless, reckless or negligent manner, or in a manner
which creates loud, unnecessary or unusual noise which disturbs, annoys or
interferes with the peace and quiet of other persons. The ordinance does allow
the operation of motorized recreational vehicles on residentially zoned parcels
greater than 10 acres in size with the issuance of a permit, following a public
hearing. Even with a permit, however, these vehicles are not allowed within 300
feet of the property boundaries.
Law enforcement officers will be primarily responsible for the enforcement of this
ordinance. Violation of the ordinance is considered a misdemeanor, punishable
for a fine not exceeding $700.00 or by imprisonment for a period not to exceed
90 days, or both.
The provisions of the proposed ordinance are similar to the provisions of other
motorized recreational vehicle ordinances throughout the State. Many
communities have banned the use of these types of vehicles in the City limits
altogether. In an effort to tailor these previsions to the city of Prior Lake, we
have modified the ordinance as shown in Draft #2 (see attached).
We have received some feedback on the proposed ordinance provisions. One
of the concerns related to the staff is that the ordinance prohibits the use of all-
terrain vehicles even when used for purposes other than recreation. For
example, there are some residents who use these vehicles for lawn and garden
work. Draft #2 addresses this concern by modifying the definition of a motorized
recreational vehicle to eliminate the word "designed" and to limit the scope of the
provisions to those vehicles used for recreational purposes. In the operational
provisions, we have also inserted a section to state "in a rnannerthat simulates a
race or temporary race, or creates or causes unnecessary engine noise, tire
squealing, or causes tires to spin or slide upon the acceleration or stopping of
said vehicles to unnecessarily tum abruptly or sway from side to side". This
provision specifically addresses the issues of racing the vehicles.
We have also attempted to clarify exactly where this use is and is not permitted.
The provision prohibiting the use of motorized vehicles on residentially zoned
property less than 10 acres in size remains the same. We have added a
statement allowing the use on agricultural or conservation zoned properties, as
long as the use is at least 500' from any property line. We have also included
[:\98fiies\98ordamd\city\98-O44\98044pc.doc Page 2
the use on commercially and industrially zoned parcels greater than 10 acres in
size, subject to the issuance of a permit and a public hearing. In cases where
the operation of the vehicles is permitted, we have increased the distance from
the property lines to 500 feet.
We have also revised the ordinance to distinguish public property from public
streets. Public property typically includes parks, school property and other
government owned areas. The operation of motorized recreational vehicles on
public rights-of-way is legislated by State Statute provisions pertaining to vehicle
condition, licenses, and other traffic laws. Speed limits for these vehicles are
also included in the traffic laws. We cannot legislate the speed of the vehicles
on private property.
Another addition to the ordinance is a reference to the procedure for a public
hearing. The procedure for a public hearing will be the same as the conditional
use permit process with a hearing before the Planning Commission and review
by the City Council. The notification requirements will also include mailed notice
to owners of property within 500 feet, and publication in the newspaper.
Draft #2 also eliminates the provisions generally covered under State Statutes,
such as the requirements for head lights and tail lights, the operation by a minor,
and the operation while under the influence of drugs or alcohol.
Finally, the enforcement provisions have been revised to include any designated
City official, rather than just law enforcement personnel.
With these revisions, we have attempted to address some of the concerns we
have heard from residents and elected officials. Other concerns may be
introduced during the public hearing.
ALTERNATIVES:
1. Recommend the Council adopt the proposed ordinance as written, or with
changes recommended by the Planning Commission.
2. Recommend the Council deny the proposed amendment.
3. Table or continue discussion of the item for specific purpose.
RECOMMENDATION:
The staff recommends alternative #1.
ACTION REQUIRED:
A motion and second recommending approval of the proposed amendments.
1:\98fl[es\98ordamd\city\98-044\98044pc.doc
Page 3
REPORT ATTACHMENTS:
1. Draft Ordinance #1
2. Draft Ordinance #2
3. Copy of Staff Agenda Report Dated April 6, 1998
4. Copy of Hearing Notice
1:\98files\98ordamd~dty~98-044\98044pc.doc Page 4
ORDiNANCE NO. 98-XX
CITY OF PRIOR LAKE
SCOTT COUNTY, MINNESOTA
AN ORDINANCE AMENDING TITLE 5 OF THE PRIOR LAKE CITY CODE BY
ADDING CHAPTER 5-9 AND THE PRIOR LAKE ZONING ORDINANCE 83-6 BY
ADDING SECTION 10, REGULATING TilE USE OF RECREATIONAL MOTOR
VEHICLES
THE CITY COUNCIL OF THE CITY OF PRIOR LAKE ORDAINS:
the City has received complaints from residential property owners that the quiet
use and enjoyment of their properties has been impaired by the operation of
recreational motorized vehicles in residential neighborhoods; and
WItEHEAS,
one of the aspects of living in the City of Prior Lake that its residents value is
the quiet use and enjoyment of their property; and
along with quiet and peaceful residential neighborhoods Prior Lake residents
value the recreational amenities of the new City of Prior Lake; and
WHIgREAS,
one of the responsibilities of the City Council is to provide, through its zoning
powers, for the reasonable regulation of land uses; and
WHEREAS,
in order to preserve and assure the quiet use and enjoyment of residential
property the City Council finds that it is necessary to regulate the use of
motorized recreational vehicles on any property zoned residential.
NOW THEREFORE, the City Council of the City of Prior Lake does ordain the following:
Section 1.
Title 5 of the Prior Lake City Code is amended to add Chapter 5-9, and the
Prior Lake Zoning Ordinance 83-6 is amended by adding Section 10 as follows:
Subd. 1.
STATE LAW ADOPTED: Notwithstanding any difference in the definition of
motorized recreational vehicles in Minnesota Statues Chapter 84 and this
ordinance, Minnesota Statutes, Chapter 84 as now existing, or as hereafter
amended is adopted by reference and made as much a part of this Code as if
fully set forth herein. City Code provisions relating to vehicular traffic shall
apply to the operation of motorized recreational vehicles upon streets and
highways; and Minnesota Statues, Chapter 169 is hereby is hereby adopted by
reference except those provisions which by their nature have no application.
Subd. 2.
DEFINITIONS: The following words and phrases shall have the meanings
L:\98FILES\98ORDAMD\CITY~984)44~DRAFTORD.DOC 1
(a)
(b)
(c)
(d)
(e)
ascribed to them for the purposes of this Section:
Motorized Recreational Vehicle: "Motorized recreational vehicle" means any
motorized two-, three- or four-wheeled or track, self-propelled vehicle designed
or used for recreational purposes, including, but not limited to all-terrain
vehicles, trail bikes, hovercrafts, motorcycles and motorized bicycles.
Snowmobiles are regulated under Chapter 2 and Chapter 9 of this Code.
Operate: To r/de in or on and to control the operation of a motorized
recreational vehicle.
Operator: Every person who operates or is in actual physical control of the
motorized recreational vehicle.
Owner: A person, other than a lien holder, having the property interest in or
title to a motorized recreational vehicle or entitled to the use or possession
thereof.
Person: Includes an individual, partnership, corporation, the state and its
agencies and subdivisions, and any body of persons, whether incorporated or
not.
Subd. 3.
OPERATION GENERALLY: Except as otherwise specifically permitted and
authorized, no person may operate a motorized recreational vehicle within the
limits of the City:
On any public property,
On any property zoned residential, less than 10 acres in size,
On any property zoned residential, more than 10 acres in size, without
first obtaining a permit as set forth herein.
At any place in a careless, reckless, or negligent manner so as to
endanger the person or property of another or to cause injury or
damage thereto,
On any non-residential property not owned by the person, without the
written or oral permission of the owner, occupant, or lessee of such
lands. Written permission may be given by a posted notice of any
kind of description that the owner, occupant, or lessee prefers, so long
as it specifies the kind of vehicles allowed such as by saying
"Motorized Recreational Vehicles Allowed," or other words
substantially similar,
Without lighted head and tail lights,
In a manner so as to create a loud, unnecessary or unusual noise which
disturbs, annoys or interferes with the peace and quiet of other
persons.
Subd. 4.
PERMIT FOR OPERATION ON LAND IN ANY "R" USE DISTRICT: The
City Council may permit the use of motorized recreational vehicles within the
City upon lands zoned Residential that are larger than ten (10) acres in size,
after a public hearing. The Council may decide the permit issuance based upon
L:\98FILES\98ORDAMD\CITYX98-044\DRAFTORD.DOC 2
Subd. 5.
factors that include but are not limited to, proximity to residential structures
and public lands, noise levels, dust control, traffic control, and that the use will
not be detrimental to the public safety, health or general welfare. The Council
may impose conditions as to the hours of permitted use, numbers of permitted
motorized recreational vehicles in use any single time and the duration of the
permit. Even when permitted, motorized recreational vehicles may not be used
within 300 feet of the property boundaries.
EQUIPMENT: No person may operate a motorized recreational vehicle any
place within the City unless it is equipped with the following:
Standard muffler which is in good working order which blends the
exhaust noise into the overall vehicle noise and is in constant operation
to prevent excessive or unusual noise as set forth in Minnesota Rules
Chapter 6100.5700, Subpart 5. No person shall use a muffler cutout,
by-pass, straight pipe or similar devise on the vehicle motor; and the
exhaust system shall not emit or produce a sharp popping or crackling
sound. This requirement shall not apply in the case of an organized
race or similar competitive event as provided under Minnesota Statutes,
Section 84.871.
Brakes adequate to control the movement of and to stop and hold the
vehicle under any conditions of operation.
At lease one (1) head lamp having a minimum candle power of
sufficient intensity to reveal persons and vehicles at a distance of at
least I00 feet ahead during hours of darkness under normal
atmospheric conditions. At least one (1) red tail lamp, having a
minimum candlepower of sufficient intensity to exhibit a read light
plainly visible from a distance of 500 feet to the rear during hours of
darkness under normal atmospheric conditions. The light must be
turned on and operating when the vehicle is operated.
Subd. 6.
OPERATION BY A MINOR: No person under 14 years of age may operate a
motorized recreational vehicle within the City limits. It is unlawful for the
owner of a motorized recreational vehicle to be operated contrary to the
provisions of this Chapter.
Subd. 7.
SIGNAL FROM OFFICER TO STOP: No person may:
Operate a motorized recreational vehicle in the City of Prior Lake after
having received a visual or audible signal from any law enforcement
officer to come to a stop, or
Operate a motorized recreational vehicle in willful or wanton disregard
of such signal, or
Interfere with or endanger the law enforcement officer or any other
person or vehicle, or
Increase speed or attempt to flee or elude the officer.
Subd. 8.
OPERATION OF MOTORIZED RECREATIONAL VEHICLE WHILE
UNDER THE INFLUENCE OF ALCOHOL OR CONTROLLED
SUBSTANCE: It is a violation of state law for any person to operate or to be
L:\98FILES\98ORDAMD\CITYX98-044~DRAFTORD.DOC 3
Subd. 9.
Subd. 10.
Section 2.
in physical control of any motorized recreational vehicle in the City while
under the influence of alcohol or a controlled substance or under the influence
of a combination of an alcohol and a controlled substance. The definition and
regulatory provisions of Minnesota Statues Chapters 169 and 84 are hereby
incorporated herein and adopted by reference, incluc~mg the penalty provisions
thereof.
EXEMPTIONS: License peace officers shall be exempt from the restrictions
of this Chapter while operating motorized recreational vehicles in the proper
performance of their duties.
PENALTY: Any person who v~olates the terms of this Chapter shall, upon
conviction thereof, be guilty of a misdemeanor, punishable by a fine not
exceeding seven hundred dollars ($700.00), or by imprisonment for a period
not exceeding ninety (90) days, or both.
This ordinance shall be effective immediately upon its passage and publication.
PASSED AND DULY ADOPTED by the Prior Lake City Council this
1998.
day of
CITY OF PRIOR LAKE
ATTEST
BY:
Wesley M. Mader
Its Mayor
Frank Boyles, City Manager
L:\98FILES\98ORDAMD\CITY~98-044~DRAFTORD.DOC 4
ORDINANCE NO. 98-XX
CITY OF PRIOR LAKE
SCOTT COUNTY, MINNESOTA
AN ORDINANCE AMENDING TITLE 5 OF TIlE PRIOR LAKE CITY CODE BY
ADDING CHAPTER 5-9 AND TItE PRIOR LAKE ZONING ORDINANCE 83-6 BY
ADDING SECTION 10, REGULATING TIlE USE OF RECREATIONAL MOTOR
VEHICLES
THE CITY COUNCIL OF THE CITY OF PRIOR LAKE ORDAINS:
WHEREAS,
the City has received complaints from residential property owners that the quiet
use and enjoyment of their properties has been impaired by the operation of
recreational motorized vehicles in residential neighborhoods; and
WHEREAS,
one of the aspects of living in the City of Prior Lake that its residents value is
the quiet use and enjoyment of their property; and
WI-LEREAS,
along with quiet and peacefuI residential neighborhoods Prior Lake residents
value the recreational amenities of the new City of Prior Lake; and
WII~EREAS,
one of the responsibilities of the City Council is to provide, through its zoning
powers, for the reasonable regulation of land uses; and
WItEREAS,
in order to preserve and assure the quiet use and enjoyment of residential
property the City Council finds that it is necessary to regulate the use of
motorized recreational vehicles on any property zoned residential.
NOW THEREFORE, the City Council of the City of Prior Lake does ordain the following:
Section 1.
Title 5 of the Prior Lake City Code is amended to add Chapter 5-9, and the
Prior Lake Zoning Ordinance 83-6 is amended by adding Section 10 as follows:
Subd. 1.
STATE LAW ADOPTED: Notwithstanding any difference in the definition of
motorized recreational vehicles in Minnesota Statues Chapter 84 and this
ordinance, Minnesota Statutes, Chapter 84 as now existing, or as hereafter
amended is adopted by reference and made as much a part of this Code as if
fully set forth herein. City Code provisions relating to vehicular traffic shall
apply to the operation of motorized recreational vehicles upon streets and
highways; and Minnesota Statues, Chapter 169 is hereby is hereby adopted by
reference except those provisions which by their nature have no application.
Subd. 2.
DEFINITIONS: The following words and phrases shall have the meanings
L:\98FI LES\98ORDAMD\CITY~98-044\DRAFTOR2.DOC 1
(a)
Co)
(c)
(d)
(e)
ascribed to them for the purposes of this Section:
Motorized Recreational Vehicle: "Motorized recreational vehicle" means any
motorized two-, three- or four-wheeled or track, self-propelled vehicle used for
recreational purposes, including, but not limited to all-terrain vehicles, trail
bikes, hovercrafts, motorcycles and motorized bicycles. Snowmobiles are
regulated under Chapter 2 and Chapter 9 of the City Code.
Operate: To ride in or on and to control the operation of a motorized
recreational vehicle.
Operator: Every person who operates or is in actual physical control of the
motorized recreational vehicle.
Owner: A person, other than a lien holder, having the property interest in or
title to a motorized recreational vehicle or entitled to the use or possession
thereof.
Person: Includes an individual, partnership, corporation, the state and its
agencies and subdivisions, and any body of persons, whether incorporated or
not.
Subd. 3.
OPERATION GENERALLY: Except as otherwise specifically permitted and
authorized, no person may operate a motorized recreational vehicle within the
limits of the City:
B.
C.
D.
E.
On any public property, including, but not limited to, parks, school
property, and other government-owned property, but not including
public right-of-way;
On any residential, commercial or industrial zoned property, less than
10 acres in size;
On any residential, commercial or industrial zoned property, more
than 10 acres in size, without first obtaining a permit as set forth
herein;
At any place in a careless, reckless, or negligent manner so as to
endanger the person or property of another or to cause injury or
damage thereto;
On any agricultural or conservation zoned property not owned by the
person, without the written or oral permission of the owner, occupant,
or lessee of such lands. Written permission may be given by a posted
notice of any kind of description that the owner, occupant, or lessee
prefers, so long as it specifies the kind of vehicles allowed such as by
saying "Motorized Recreational Vehicles Allowed," or other words
substantially similar;
On any agricultural or conservation zoned property within 500 feet of
the property boundary;
Without lighted head and tail lights;
In a manner so as to create a loud, unnecessary or unusual noise which
disturbs, annoys or interferes with the peace and quiet of other
persons;
L:\98FILES\98ORDAMD\CITY~98-044~DRAFTOR2.DOC 2
Subd. 4.
Subd. 5.
In a manner that simulates a race or temporary race, or creates or
causes unnecessary engine noise, tire squealing, or causes tires to spin
or slide upon the acceleration or stopping of said vehicles to
unnecessarily turn abruptly or sway from side to side.
PERMIT FOR OPERATION ON LAND 1N ANY "R", "B" OR 'T' USE
DISTRICT: The City Council may permit the use of motorized recreational
vehicles within the City upon lands zoned Residential, Commercial and
Industrial that are larger than ten (10) acres in size, after a public hearing,
conducted according to the hearing and notification process for conditional use
permits. The Council may decide the permit issuance based upon factors that
include but are not limited to, proximity to residential structures and public
lands, noise levels, dust control, traffic control, and that the use will not be
detrimental to the public safety, health or general welfare. The Council may
impose conditions as to the hours of permitted use, numbers of permitted
motorized recreational vehicles in use any single time and the duration of the
permit. Even when permitted, motorized recreational vehicles may not be used
within 500 feet of the property boundaries.
EQUIPMENT: No person may operate a motorized recreational vehicle any
place within the City unless it is equipped with the following:
Standard muffler which is in good working order which blends the
exhaust noise into the overall vehicle noise and is in constant operation
to prevent excessive or unusual noise as set forth in Minnesota Rules
Chapter 6100.5700, Subpart 5. No person shall use a muffler cutout,
by-pass, straight pipe or similar devise on the vehicle motor; and the
exhaust system shall not emit or produce a sharp popping or crackling
sound. This requirement shall not apply in the case of an organized
race or similar competitive event as provided under Minnesota Statutes,
Section 84.871.
Brakes adequate to control the movement of and to stop and hold the
vehicle under any conditions of operation.
Subd. 6.
SIGNAL FROM DESIGNATED CITY OFFICIAL OR LAW
ENFORCEMENT OFFICER TO STOP: No person may:
Operate a motorized recreational vehicle in the City of Prior Lake after
having received a visual or audible signal from any designated City
official or law enforcement officer to come to a stop, or
Operate a motorized recreational vehicle in willful or wanton disregard
of such signal, or
Interfere with or endanger the designated City official, the law
enforcement officer or any other person or vehicle, or
Increase speed or attempt to flee or elude the designated City official or
the law enforcement officer.
Subd. 7.
EXEMPTIONS: License peace officers shall be exempt from the restrictions
of this Chapter while operating motorized recreational vehicles in the proper
L:\98FILES\98ORDAMD\CITY~98~044\DRAFTOR2.DOC 3
Subd. 8.
Section 2.
performance of their duties.
PENALTY: Any person who violates the terms of this Chapter shall, upon
conviction thereof, be guilty of a misdemeanor, punishable by a fine not
exceeding seven hundred dollars ($700.00), or by imprisonment for a period
not exceeding ninety (90) days, or both.
This ordinance shall be effective immediately upon its passage and publication.
PASSED AND DULY ADOPTED by the Prior Lake City Council this day of
1998.
CITY OF PRIOR LAKE
ATTEST
BY:
Wesley M. Mader
Its Mayor
Frank Boyles, City Manager
L:\98FILES\98ORDAMD\CITY~984)44~nRAFTOR2.DOC 4
NOTICE OF PUBLIC HEARING TO CONSIDER AN AMENDMENT TO PRIOR
LAKE CITY CODE RELATING TO REGULATIONS FOR THE OPERATION
OF MOTORIZED RECREATIONAL VEHICLES IN THE PRIOR LAKE CITY
LIMITS
You are hereby notified that the Prior Lake Planning Commission will hold a public
hearing at Prior Lake Fire Station #1, located at 16776 Fish Point Road SE, on Monday,
June 22, 1998, at 6:30 p.m. or as soon thereafter as possible. The purpose of the
public heating is to consider regulations for the operation of motorized recreational
vehicles in the Prior Lake City limits. The regulations may include such matters as
locations for the operation of the vehicles, hours of operation, use of the vehicles,
required permits, equipment standards and enforcement of the provisions. This hearing is
to determine what type of regulations, if any, should be adopted, and if there should be
exceptions to the requirements.
A copy of the potential regulations may be obtained from the Prior Lake Planning
Department at Prior Lake City Hall, 16200 Eagle Creek Avenue, Prior Lake, MN,
between the hours of 8:00 A.M. and 4:30 P.M., Monday through Friday.
If you wish to be heard in reference to this item, you should attend the public hearing.
Oral and written comments will be considered by the Planning Commission. If you have
questions regarding this matter, please contact the Prior Lake Planning Department at
447-4230 between the hours of 8:00 a.m. and 4:30 p.m. Monday through Friday.
Prepared this 2nd day of June, 1998 by:
Jane Kansier, Planning Coordinator
City of Prior Lake
TO BE PUBLISHED IN THE PRIOR LAKE AMERICAN ON JUNE 6, 1998
1:\9 fil \98 rd md\ti -0 ,1~980 4p .do
16200 Ea§~e~ ~e~C[ ~ve. ~, ~nor~a~e,CMinnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
AGENDA #:
PREPARED BY:
SUBSECT:
DATE
STAFF AGENDA REPORT
DONALD RYE, PLANNING DIRECTOR
CONSIDER APPROVAL OF ORDINANCE 98-XX ESTABLISHING
A MORATORIUM ON THE OPERATION OF CERTAIN
MOTORIZED RECREATIONAL VEHICLES
APRIL 6, 1998
BACKGROUND:
DISCUSSION:
ISSUES:
Last summer, the City received several complaints from residents
in and near the Titus Addition eonceming the operation of off-road
motorcycles in their neighborhood. Recently, these complaints
have again been made. It is staffs belief that, until an ordinance
has been adopted which deals with the issues of motorized
recreational vehicle operation in the City, a moratorium on the
operation of such vehicles should be enacted while the ordinance is
being developed.
Moratoriums are permitted under Minnesota Statutes to protect a
planning process undertaken by a City intended to develop plans
and regulation related to land use issues. While a moratorium can
be as long as 18 months with the opportunity to extend it 12 more
months, staff believes 90 days is adequate to allow for the
development of the ordinance. Since it is intended to be part of the
zoning ordinance, the Planning Commission must hold public
hearings on the proposed ordinance and make a recommendation to
the City Council.
The primary issue is where and under what circumstances should
motorized recreational vehicles be allowed to operate in the City.
These vehicles typically have the capability of operating off-road
and, more often than not, that is where the predominant use occurs.
Because these vehicles are often muffled or have muffler
systems which do not reduce the noise to level of a car, they often
incite complaints when operated too near residential property or at
inappropriate times, suer as late at night.
Because of the number and nature of the complaints which have
been received, staff feels the issue needs to be addressed.
ALTERNATIVES:
I. Adopt ordinance 98-XXas proposed
2. Adopt ordinance 98-XX with specified amendments
3. Deny ordinance 98-XX
040698MO.DOC 1
DR
16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
RECOMMENDATION:
ACTION REQUIRED:
Alternative 1
Motion to~ordi~XX
Reviewed by~ ~Bo[les, City Manager
040698MO.DOC
DR
CITY OF PRIOR LAKE
ORDINANCE NO. 98-XX
AN INTERIM ORDINANCE PLACING TEMPORARY RESTRICTIONS ON
THE OPERATION OF CERTAIN RECREATIONAL MOTOR VEHICLES
The City Council of the City of Prior Lake does hereby ordain:
WHEREAS, the City has received complaints from residential property owners that the
quiet use and enjoyment of their properties has been impaired by the operation of
motorized recreational vehicles in residential neighborhoods; and
WHEREAS, one of the aspects of living in the City of Prior Lake that its residents value
is the quiet use and enjoyment of their property, and;
WHEREAS, along with quiet and peaceful neighborhoods, Prior Lake residents value the
recreational amenities of the City of Prior Lake; and
WHEREAS, one of the responsibilities of the City Council is to provide, through its
zoning powers, for the reasonable regulation of land uses; and
WHEREAS, in order to preserve and assure the quiet use and enjoyment of residential
property, the City Council finds that it is necessary to regulate the use of motorized
recreational vehicles on any property zoned residential, and
WHEREAS, there is a need for a study to be conducted so that the City can determine
and adopt zoning regulations for the regulation of the operation of motorized recreational
vehicles, and
WHEREAS, Minnesota Statutes Section 462.355, Subdivision 4, permits the adoption of
interim ordinances during the study and planning process.
NOW THEREFORE, the City Council of the City of Prior Lake does ordain the
following:
Section 1.Definitions:
The following words and phrases shall have the meanings ascribed to them for the
purposes of this ordinance:
l:\98files\98ordamd\cityXrvmorato.doc
16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax {612)v447-4245
AN EQUAL OPPORTUNITY EMPLOYER
(a) Motorized Recreational Vehicle: Any motorized two-, three-, or four-wheeled or
track, self-propelled vehicle designed or used for recreational purposes, including but not
limited to all-terrain vehicles, trail bikes, hovercrafts, motomycles and motorized
bicycles. Snowmobiles are regulated under Chapters 2 and 9 of the City Code.
(b) Overate: To ride in or on and to control the operation of a motorized recreational
vehicle.
(c) Onerator: Every person who operates or is in actual physical control of the motorized
recreational vehicle.
(d) Owner: A person, other than a lien holder, having the property interest in or title to a
motorized recreational vehicle or entitled to the use or possession thereof.
(e) Person: Includes an individual, partnership, corporation, the state and its agencies and
subdivisions, and any body of person, whether incorporated or not.
Section 2. Operation
Except as otherwise specifically permitted and authorized, no person may operate a
motorized recreational vehicle within the limits of the City:
A. On any public property,
B. On any property zoned for any Residential zoning district,
C. At any place in a careless, reckless or negligent manner so as to endanger the person or
property of another or to cause damage or injury thereto,
D. On any non-residential property not owned by the person, without the written or oral
permission of the owner, occupant or lessee of such lands. Written permission may be
given by a posted notice of any kind or description that the owner, occupant or lessee
prefers, so long as it specifies the kind of vehicles allowed, such as by saying" Motorized
Recreational Vehicles Allowed" or other words substantially similar,
E. In a manner so as to create a loud, unnecessary or unusual noise which disturbs,
annoys or interferes with the peace and quiet of other persons.
Section 3. Enforcement
Any person who violates the terms of this ordinance shall, upon conviction thereof, be
guilty of a misdemeanor, punishable by a fine not exceeding seven hundred dollars
($700.00) or by imprisonment for a period not to exceed ninety (90) days, or both.
The City may, at its option, enforce any provision of this ordinance by mandamus,
injunction, or any other appropriate civil remedy in any court of competent jurisdiction.
SECTION 5. Separability.
Every section, provision, or part of this ordinance is declared separable from every
section, provision, or part of this ordinance. If any section, provision, or part of this
I:\98files\98ordamd\cityXrvmorato,doc
Page 2
ordinance is adjudged to be invalid by a court of competent jurisdiction, such judgment
shall not invalidate any other section, provision or part of this ordinance.
SECTION 6. Duration.
This ordinance shall remain in effect for ninety (90) days from the date of its effective
date, or until such earlier time as said ordinance shall be revoked or otherwise amended,
or the City has completed its studies and has adopted a permanent ordinance.
SECTION 7. Effective Date.
This ordinance shall take effect immediately upon its passage and publication.
Passed by the City Council of the City of Prior Lake this 6th day of April, 1998.
ATTEST:
City Manager Mayor
Published in the Prior Lake American on the
Drafted By:
City of Prior Lake Planrdng Department
16200 Eagle Creek Avenue
Prior Lake, MN 55372
day of ,1998.
l:\98files\98ordamd\citykrvmorato.doc Page 3
PLANNING REPORT
AGENDA ITEM:
SUBJECT:
PRESENTER:
PUBLIC HEARING:
DATE:
4B
CONSIDER A REQUEST FOR A CONDITIONAL USE
PERMIT AND A PRELIMINARY PLAT TO BE
KNOWN AS GLYNWATER FOR A TOWNHOUSE
DEVELOPMENT
JANE KANSIER, PLANNING COORDINATOR
X YES NO-N/A
JUNE 22, 1998
INTRODUCTION:
Wensmarm Realty has applied for a Conditional Use Permit and a Preliminary Plat for the
property located on the south side of CSAH 82, just west of Fremont Avenue and directly
south of the entrance to The Wilds. The application includes a request for a conditional
use permit to allow the development of the property with 121 town_house units, and a
preliminary plat consisting of 109 lots for the townhouse units and open space.
BACKGROUND:
In December, 1997, the applicant filed an application for a Schematic Planned Unit
Development for a townhouse development on this property. On January 5, 1998, the
City Council denied this application based on the fact the proposed Schematic PUD Plan
was inconsistent with the stated purposes and intent of the PUD section of the Zoning
Ord'mance in that the same proposal, with the exception of the private streets, could be
accomplished through the Conditional Use Permit Process. The developer then filed an
application for a zone change, a conditional use permit and a preliminary plat. These
applications were considered by the Planning Commission on February 23, 1998, and by
the City Council on March 16, 1998. On March 16, 1998, the Council approved the zone
change to the R-2 (Urban Residential) District, and the preliminary plat. On April 20,
1998, the Council approved the conditional use permit.
Following these approvals, the developer applied for and received grading permits to
begin grading the property. The developer also applied for approval of a final plat.
Shortly thereafter, it was brought to the staff's attention that not all owners of property
within 500' of the site had been notified. The error in notification was due to the fact that
the developer's title company had submitted an incomplete list of names. This list was
1 1:\9 fi \98 ub iv\ I \gl vgat2 I 2pc e
6200 Eagle~ ~;~rXe~ ~v~r~.~., l~or~e, [~mnesota 55372-1714 / Ph. (612) 447-4230 / Fax (61~1~7-4245
AN EQUAL OPPORTUNITY EMPLOYER
not verified by the staff, and so proper notification was not given to adjacent property
owners.
On June 1, 1998, this issue was reviewed by the City Council. Upon advice from the
City Attorney, the Council noted the zone change was valid since individual notices are
not required for rezoning of more than 5 acres. However, the Council adopted Resolution
98-68, rescinding the approval of the conditional use permit and preliminary plat due to
improper notificati.on.
Because the previous approvals have been rescinded, the public review process of the
preliminary plat and conditional use permit applications is starting over. The Planning
Commission is considering two applications at this time. The first application is to
approve a Conditional Use Permit for this project. The second request is for approval of
a preliminary plat for this site, to be known as Glynwater. Each of these applications is
discussed in detail below.
PHYSICAL SITE CHARACTERISTICS:
Total Site Area: The total CLIp area (less the CSAH 82 right-of-way) consists of 41.57
acres. The net area of this site, less wetlands, is 32.12 acres.
Tooograohv: This site has a varied topography, with elevations ranging from 970' MSL
at its highest point to 910' MSL at the lowest point. The site generally drains towards the
wetlands located along the easterly portion of the site, the southerly portion and the center
of the site. There are also steep slopes, or slopes in excess of 20%, located on this site.
These slopes are generally located on the eastern half of the site. There are several areas
in which the steep slopes will be disturbed by the placement ofbnilding pads and utilities.
Information submitted by the developer indicates 5.33 acres of the site are considered
steep slopes. Of this 5.33 acres, 1.64 acres, or 4% of the entire site, will be disturbed for
site grading and the installation of sanitary sewer lines.
Vegetation: This vegetation on this site consists of vacant cropland. The eastern and
southern boundaries of the property are wooded, as is the area adjacent to the wetlands.
The project is subject to the Tree Preservation requirements of the Zoning Ordinance.
The applicant has submitted an inventory of the significant trees on the site which
indicates a total of 203 caliper inches of significant trees. Based on the development
plan, 29% of the caliper inches will be removed for grading and utilities, and 5% will be
removed for building pads. The development will require replacement of 4,38 caliper
inches.
Wetlands: There are three wetlands located within this site, with a total area of 9.45
acres. The wetlands are located in the southeast comer of the site, along the southern
boundary of the site, and in the center of the site. The plans indicate only a small area of
wetlands will be filled to allow a road connection. This site is subject to the wetland
mitigation requirements.
1:\98files\98subdiv\preplat\glynwat2\glyn2p¢.doc Page 2
Access: Access to the site is from CSAH 82, on the north. CSAH 82 is identified as a
Minor Arterial street in the 2010 Comprehensive Plan. The County Engineer has noted
an access permit will be required for each opening onto CSAH 82. The plan also
proposed a "fight-in/right-out" access onto Fremont Avenue, with a median in Fremont to
prevent left tums.
PROPOSEDPLAN
2010 Comprehensive Plan Designation: This property is designated for Urban Low to
Medium Density Residential uses on the 2010 Comprehensive Plan Land Use Map. The
easterly portion of the property is located within the 2010 MUSA boundary. The
westerly portion of the property is still outside of the MUSA.
Zoning: The property is zoned R-2 (Urban Residential), which is consistent with the
Comprehensive Plan designation, The R-2 district permits townhouse developments as a
conditional use, with a density not to exceed 5.5 units per acre.
Density:, The plan proposes 121 units on a total of 41.57 acres. Density is based on the
buildable acres of the site, or in this case on 32.12 net acres. The overall density
proposed in this plan is 3.7 units per acre, which is within the permitted density of 5.5
units per acre.
Lots: The preliminary plat consists of 109 lots for the townhouse units and open space.
There are 103 lots for the buildings, and 6 lots for common open space. The plat also
includes parkland, and 6 outlots intended for the placement of development signs.
Building Styles: The proposed plan calls for a townhouse style development consisting
of 2-, 3-, 4-, 5- and 6-unit buildings. Sample floor plans of these buildings are attached to
this report. There are 18 2-unit buildings, 2 3-unit buildings, 17 4-unit buildings, and 1
each of the 5- and 6-unit buildings. Each of the buildings is designed with an attached
garage.
Setbacks: The plan proposes a 25' setback from the front property line, and the side
street lot line, a 25' rear yard setback from any common lot line, and a minimum 20'
separation between the buildings. This is consistent with conventional setbacks.
Lot Coverage: The R-2 district allows a maximum lot coverage of 20% for a townhouse
PUD. The proposed plan indicates a lot coverage of approximately 14%, which is
consistent with the proposed plan.
Streets: This plan proposes 4 new public streets. The major street, named Glynwater
Trail, starts on the east side of the site, directly opposite Wilds Parkway, loops through
the site for 2,650' and exits back onto CSAH 82. This street is designed with a 55' wide
fight-of-way and a 32' wide surface. The second street, Bay Knolls Drive, is located on
the east side of the site, and extends 625' from Glynwater Trail to Fremont Avenue. This
street is designed with a 50' wide fight-of-way and a 32' wide surface. The third new
1:\98files\98subdiv\preplat\glynwat2\glyn2pc.doc Page 3
street is a 600' long cul-de-sac identified as Spring Glen Circle. This street is located on
the east portion of the site, and on the west side of Glynwater Trail. It is designed with a
50' wide right-of-way and a 32' wide surface. Finally, there is a 130' long stub street
located on the west portion of the site which provides future access to the property to the
west. This street is identified as Brookside Lane and is designed as a 50' wide right-of-
way and a 32' wide surface. The plat also proposes some improvements to the north end
of Fremont Avenue. This improvements include a median, to restrict turning movements
onto Fremont Avenue, and curb and gutter.
Sidewalks/Trails: There is a sidewalk located along the north end of Glynwater Trail
from CSAH 82 to the park trail on the east, and from CSAH 82 to Brookside Lane on the
west. A sidewalk is also proposed along the north side of Bay Knolls Drive from
Fremont Avenue to Glynwater Trail. The plan also identifies a pedestrian trail starting at
CSAH 82, winding through the proposed park, and connecting to the 16.5 foot wide
access owned by the City on the west boundary of this site. The City has also requested
the developer grade an area for a future sidewalk on Fremont Avenue, adjacent to this
site.
Parks: This plan identifies a park along the south boundary of the property. The total
park site is 11.91 acres; however, much of the area consists of wetlands and ponds and
steep slopes. The parkland dedication requirements for this site is 4.2 acres, consisting of
dry upland with undisturbed soils. Of the land area to be dedicated, 2.5 acres qualifies for
parkland dedication. The developer will be required to dedicate cash in lieu of land for
the remaining dedication requirements.
Sanitary Sewer: The plan proposes the extension of an 8" sanitary sewer line from the
existing line located on the north side of CSAH 82 at Fremont Avenue. The development
will actually be served by parallel sewer lines. The main sewer line is located in
Glynwater Trail on the west side of the site, to the park, and then runs through the park
behind the townhouse units to Fremont Avenue. The second line is located on the east
side of Glynwater Trail and flows from Spring Glen Cimle west to the park, where it
connects to the main sewer line. The reason for this parallel design is the fact that a
single line would have to be about 45' deep in some locations. At this depth, it is more
cost effective to mn the parallel lines. Maintenance of a 45' deep sewer line is also
difficult and expensive.
Water Main: The plan proposes to extend an 8" water line from the existing service
located in CSAH 82, down Glynwater and the other road right-of-ways to serve the units.
There will be 4 service lines extended from the main in CSAH 82 to serve the units along
Bay Knolls Drive.
Storm Sewer: The plan proposes three NURP ponds, one located on the east side of the
site, just south and west of the Spring Glen Circle cul-de-sac, one located on the west side
of the site, just south and east of Bmokside Lane, and the third located on the east side of
Glynwater Trail, south of the townhouses adjacent to Bay Knolls Drive. Storm water
1:\98files\98subdiv\preplat\glynwat2~glyn2pc.doc Page 4
runoff is directed to these ponds through a series of catch basins and storm sewer located
in the Glynwater Trail, Bay KnDlls Road and Brookside Lane.
Landscal~in~/Tree Replacement: The developer has submitted a landscaping plan
which identifies a total of 206 new trees on the site. Most of the trees will be located in
fi'ont of the units along the new road right-of-way. The plan also identifies several
plantings and a berm adjacent to CSAH 82 to provide screening from the road. Finally,
the plan identifies the two replacement trees required as part of the tree preservation plan.
Si~nage: This proposal identifies 6 development signs. The Zoning Ordinance allows 2
freestanding subdivision identification signs at each principal entrance. The signs may
not exceed 50 square feet in area, with a maximum of 2 sides. This development consists
of 3 separate association, so it is reasonable to allow a total of 6 development signs. The
signs are within the allowable area.
Phasing: Since not all of this site is located within the present MUSA, the development
will be phased accordingly. The first phase will be that portion within the MUSA, and
includes 82 units. There will be a temporary turnaround located at the westerly end of
Glynwater Trail until the remaining area is added to the MUSA and is developed.
ANALYSIS:
Preliminary Plat: The preliminary plat for this site, known as Glynwater, consists of
42.04 acres to be subdivided into 109 lots, parkland and 6 outlots. In general, the
proposed preliminary plat meets the standards of the Subdivision Ordinance and Zoning
Ordinance. Since this has been through the process once akeady, all of the engineering
requirements have been addressed. One of the outstanding issues which must be
addressed is the disturbance of the slopes on this site. Section 6-6-6 E of the Subdivision
Ordinance states "whenever possible, slopes of twenty percent (20°4) or greater should
not be disturbed and should be retained as private or public open space." This plat has
several locations in which slopes of 20% or greater are disturbed, either for the placement
of roads and utilities or the placement of homes. As mentioned earlier, information
submitted by the developer indicates 5.33 acres of the site are considered steep slopes.
Of this 5.33 acres, 1.64 acres, or 4% of the entire site, will be disturbed for site grading
and the installation of sanitary sewer lines. It appears the only way to avoid theses slopes
is to eliminate buildings and to relocate some of the utility lines to avoid the slopes. In its
recommendation to the Council, the Planning Commission should address the impact of
the development on the natural features of the site.
Conditional Use Permit Plan: The proposed CLIP must be reviewed in accordance with
the criteria found in Section 7.5(C) of the Zoning Ordinance. Section 7.5(C) provides
that a conditional use shall be approved if it is found to meet specific criteria. These
criteria and the staff analysis of compliance with these criteria are set forth below.
1. The proposed use conforms to the district permitted and conditional use
provisions and all general regulations of this Ordinance.
l:\98files\98subdiv\preplat\glynwat2\glyn2pc.doc
Page 5
The proposed use is consistent with the conditional use provisions for the R-2
Multiple Residential zoning district and conforms to all general regulations of the
Zoning Ordinance (upon satisfaction of conditions).
The proposed use shall not involve any element or cause any conditions that may
be dangerous, injurious, or noxious to any other property or persons, shall
comply with the performance standards listed below.
The proposed development is designed to provide safe access to adjacent roads, and is
adequately screened fi.om adjacent properties. A traffic analysis submitted by the
developer indicates the development will generate approximately 5.86 trips per unit,
or a total of 710 trips per day. The majority of these trips will be on CR 83. The
study indicates the development will add 15 trips per day to Fremont Avenue.
3. The proposed use shall be sited, oriented and landscaped to produce harmonious
relationship of buildings and grounds adjacent to buildings and properties.
The landscaping plan submitted with this proposal meets the provisions of the
ordinance. Additional landscaping is provided to screen the development from
CSAH 82.
4. The proposed use shall produce a total visual impression and environment
which is consistent with the environment of the neighborhood.
The size and types of buildings proposed are similar to the townhouse development in
The Wilds. The development is also separated fi.om the adjacent single family
development by a park and a large wetland. The 6-unit townhouses are adjacent to
CR 83, and are not directly adjacent to any single family lots.
5. The proposed use shall organize vehicular access and parking to minimize traffic
congestion within the neighborhood.
The plan provides at least 2 parking spaces for each unit. In addition, in order to
minimize traffic onto Fremont, the access is defined as a "fight-in/right-out" mm,
with a median.
6. The proposed use shall preserve the objectives of this Ordinance and shall be
consistent with the Comprehensive Plan.
The proposed plan is consistent with the Comprehensive Plan designation and the
provisions of the R-2 district.
The performance standards are set forth in Section 7.5(D) and relate to the following
factors;
1:\98 files\98subdiv\preplat\glynwat2\glyn2pc.doe Page 6
· Fire protection · Electrical dism. rbance
· Noise · Vibrations
· Odors · Air pollution
· Glare · Erosion
· Water pollution.
The proposed project is not expected to result in any of the nuisance factors set forth in
the performance standards and is thus consistent with these standards.
PLANNING COMMISSION RECOMMENDATION:
At this time, the Planning Commission should make a recommendation on the proposed
zone change request, the Preliminary Plat and the Conditional Use Permit.
If the Preliminary Plat is to proceed, it should be subject to the following conditions:
1. A letter of credit for the landscaping and tree replacement must be submitted prior
to approval of the final plat documents.
2. The homeowner's association documents must be revised to include the correct
legal descriptions for each association. These documents must be recorded with the
final plat documents.
If the Conditional Use Permit is approved it should be subject to the following
conditions:
1. /1 letter of credit for the landscaping and tree replacement must be submitted prior
to approval of the final plat documents.
2. The homeowner's association documents must be revised to include the correct
legal descriptions for each association. These dacuments must be recorded with the
final plat documents.
ALTERNATIVES:
1. Recommend approval of the Preliminary Plat subject to the above listed conditions,
and the Conditional Use Permit subject to the above listed condition.
2. Recommend denial of the request.
3. Other specific action as directed by the Planning Commission
RECOMMENDATION:
The Planning staff recommends Altemative 1.
1:\98files\98subdiv\preplafiglynwat2\glyn2pc.doc
Page 7
ACTION REQUIRED:
Since this request includes two separate applications, separate motions are required for
each application. These include;
A motion and second to recommend approval of the Preliminary Plat to be known as
Glynwater, subject to the conditions listed in this report.
A motion and second to recommend approval of the Conditional Use Permit, subject
to the conditions listed in this staff report.
EXHIBITS:
1. Location Map
2. Reduced Copy of Conditional Use Permit and Preliminary Plat Plans
3. Developer's Narrative
4. Traffic Information Submitted by Developer
l:\98filcs\98subdiv\preplat\glynwat2\glyn2pc.doc Page 8
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Project Narrative
for
Glynwater
January 21,1998
1-Zoning
The site is currently zoned a,oriculturai. Enclosed with this application is a rezoning
application to R-2 which is consistent with Prior Lake's current comprehensive plan
designation.
2-Building Styles
The proposed development consists of three building styles (See attached floor plans).
Townhomes (split entry), Twin homes and Coach homes. Prices will range from
$115,000-$350,000 with the average approx. $180,000.
3-Density
The proposed development has 122 units on 41.57 acres. Densities are within the
allowable limits for R-2 zoning and are also within densities in the governing shoreline
districts that apply.
4- Design Features
The site maximizes the use of the land away from the shorelines. Public streets service
the site and a proposed trail system winds through the entire development. Developer
will be dedicating approx. 11.69 as parkland of wkich 4.95 acres are usable and the
balance wetlands and ponds. The developer does not plan to construct the trail system as
part of this development it is shown for schematic reference only. The trail would be
constructed separately as a Park & Recreation Dept. project.
5- Architecture
Building designs have been created to maximize the natural terrain. Extensive
landscaping along Co. 82 and a brick & wrought iron fence will accentuate the
development. A community entry monument is planned just offthe main Co. 82
entrance. The proposed trail system will provide enjo,vment for passive recreation. Side
wail are proposed only at the Co. 82 entrances until they meet with the proposed trail
system.
6-Covenants
Protective covenants for the three town_home communities will be filed to provide
continuity and control over the esthetics of the communities. Proposed documents are
enclosed for city review and approval.
7-Utilities
The development will be serviced with underground utilities. Gas meters will be located
on the fronts on the homes with electrical services in the rear. The Townhomes and Twin
homes will have individual water services and the coach homes will have one service per
building.
Engineering Project Summary
for
Glynwater
in
Prior Lake
I. Description of Project
The site is approximately 45 acres located south of Scott County Road 82 and west of Fremont
Avenue. in the City of Prior Lake. The subject site is in the NE 1/4, SW 1/4 of Section 34,
Township 115, Range 22, Scott County, Minnesota. The proposed project includes the grading,
utility and street construction for 122 single family townhomes, and condominiums.
The grading for the site will occur at one time with the streets and utilities constructed in two
phases. The first phase is the eastern portion of the site up to the existing MUSA line to the
west. The second phase will be the remainder of the site once it is brought within the City of
Prior Lakes MUSA boundary.
II. Project Manager
The project manager and project engineer shall be responsible for various aspects of the
construction and are as follows:
Project Manager
Terry Wensmann/~ll,.
Wensmaun Realty &.~.C.'
3312 15ff Street West
Rosemount, Mn 55068
423~1179
Proiect Engineer
Nicholas Polta
Pioneer Engineering
2422 Enterprise Drive
Mendota Heights, Mn 55124
681-1914
III. E,,dst~g Site Conditions
The site is currently undeveloped. The northern portion of the site is primarily cultivated
cropland and upland forest. The sothern portion of the site is upland and lowland forest, wet
meadow and shallow marsh. The southern parcel boundary follows a watercourse (seasonal
flooded creek) that flows east connecting the two large basin portions of Wetland A with Prior
Lake. A second basin ( Wetland B ) drains south into the western portion of Wetland A. Much
of the site shows signs of disturbance particularily in the cultivated upland areas.
The surrounding land uses are residential to the south, east, and northeast. North and west are in
agricultural uses.
IV. Soils and Slopes
The United States Department of Agricultures Soil Survey identifies the onsite soils are
primarily Hayden Series these soils are described as good for embankment and foundations. The
lowlands and wetlands contain peat and Glencoe series soils that are not suitable for
construction, these areas will be avoided during construction. Comprehensive soil testing was
performed onsite by Maxim Technologies (report inclosed), there analysis substantiates the
suitability of the onsite soils for the construction purposes of the development.
Topsoil will be stripped and stockpiled onsite to provide for six (6) inches of repsread across all
turf areas after completed grading.
The site has 5.33 acres of slopes in excess of 20 percent (%). These slopes are clustered near the
wetlands and appear to have been disturbed or created during the construction of Co, Rd. 82 and
Fremont Avenue.
The construction of the project will disturb 1.64 acres (30.69%) of these slopes. Approximately
0.73 acres of this disturbance will occur in excavation areas ( where the slopes are flattened at
the top for the construction of streets and building pads, matching back in further down the
slope), these areas pose little concern in construction as long as the underlying soils are suitable
for construction. During construction a geotechnical engineer will be onsite inspecting soil
conditions and providing analysis of the soils.
The remaining 0.91 acres of disturbed slopes are in embankment areas. In these areas unsuitable
slope material will be removed and replaced with soils that can bear the load of streets and
building footings. The embankment will be 'keyed' into the existing slopes and built up in layers
to prevent embankment slipping over the existing slopes causing failure. This is standard
construction practise and is further outlined in the Soils Report prepared by Maxim technologies.
V. Erosion Control Measures
Approved best management practices (BMP) of the Minnesota Pollution Control Agency
(MPCA) as stipulated in Protecting Water Quality in Urban Areas shall be followed. These
include but are not limited to the following:
Ail denuded and stockpile areas shall not have a slope greater than 3: I
All disturbed area shall receive temporary seed, mulch and disc anchoring if no
significant grading is to occur for 30 days.
All finished grade area shall be seeded mulched and anchored within 14 days after
complete grading.
A seed mixture designed for the soil characteristics and area plantings shall be approved
by rke C[c;,'
A separate cool seed mixture will be designed for dormant seed planting in the fall.
Peak Discharge from all storm sewers shall not exceed the original peak discharge from
the watershed.
All storm sewer outlets shall have rip rap outlets designed to City Standards.
All Storm Sewer outlets shall not have discharges greater than 4 feet per second.
Gravel construction entrances and a street sweeping program shall be used to ensure
minimal soil is removed from the site.
Inlet protection for storm sewer shall be implemented until streets are paved and turf is
established.
Erosion control fences shall be installed around all wetlands and water quality ponds until area
plantings have been established. At which time the erosion control fence shall be moved to the
edge of the structure setback.
Water quality ponds will be used as temporary sedimentation basin during construction. The
grading contractor is responsible for maintaining drainage to the ponds and between the ponds
and wetlands, by the use of perforated stand pipes.
VII. Storm Water Management
The purpose of storm water managemen: is to insure that the proposed development will not
create adverse conditions, in the form of increased nutrient load or increased peak flows down
stream of the proposed project. To assess that impact of the project on the existing drainage area
a preliminary storm water model (HydroCAD) is utilized to approximate the existing and
proposed peak flows generated for the site. The Walker PondSiz model created the criteria for
the wet detention volume necessary to treat storm water from this development. These models
are summarized below in Table 1.
VIII. Wetland Delineation
Peterson Environmental Consulting, Inc. have prepared a detailed Wetland Delineation Plan for the
subject property.
IX. Traffic Control
The contractor is responsible to provide to the City of Prior Lake and the Scott County Highway
Department a detailed traffic control/sign plan for construction of turn lanes on Co. Rd. 82 and Fremor.:
Avenue.
XI. Construction Sequencing
The following is a w,_,zh schedule for construction, contingent upon the approval of the project by all
pertinent regulatory agencies:
Install perimeter erosion control fence, erosion control fence around wetlands and gravei
construction entrances.
April 1st
II. Clear and grub site.
April 7~
III. Construct permanent sediment ponds and temporary poffd outlets per Grading Plan.
April 28~
IV. Begin Mass grading - phase one and two.
May P'
V. Respread topsoil, mulch and disc anchor with appropriate seed mixture.
July P'
VI. Begin construction of utilities and streets - phase one.
July P~
VII. End construction of utilities and streets - phase one.
September 1'~
VIII. Begin construction of utilities and streets - phase two.
Anticipated April Is', after brought into MUSA.
Pavement Design
Glynwater
Traffic
Assumptions:
121 Total Households
Each entrance has 60 households each having 2 cars
Average Daily Trips = 5.86 trips per household
or = 351.6 trips per day
or = 175.8 trips per lane (50% in, 50% out)
From Trip Generation 5'~ Addition, Institue of transportation Engineers
Vehicle Distribution and Average N18 Factors
( Table 7-5,03B and Table 7.5.03D, Road Design Manual, Minnesota Department of
Transportation)
(1) x (2) x (3) = (4)
Vehicle Type Distribution Trips per Lane Average N 18 Design Lane
Factor Daily N18
(1) (2) (3) (4)
1 0.835 175.8 0.0004 0.0587
2 0.090 175.8 0.0070 0.01106
3 0.016 175.8 0.0100 0.02810
4 0.018 175.8 0.2200 0.69520
5 0.005 175.8 0.5700 0.50160
6 0,003 175,8 0.2100 0.1 i300
7 0.004 175,8 0.4100 0.28700
8 0.024 175.8 0.6300 2.65860
9 175,8 0.00000
10 0.005 175.8 0.4200 0.36960
Total 4.72116
Design Life = 20 Years
365 Day~ x 20 Years x 4.72116 Daily N18 = 34,464.468 Design Lane Lifetime N18
Given:
The existing soils range from soft lean clays (CL) to stiff poorly graded sands (SP).
Assume that the road will be built on the worst existing buildable soils.
Soils correspond to A. ASHTO soil type A-7
(Table 7-5.03H of the MnDot Road Design Manual)
A-7 soils have an Stabilometer R Value of 10
Proposed Section:
6" Class 5, 2 ¢~" Bituminous Base #2331, 1 V2" Bituminous Wear #2341
Granular Equiualent (G.E.) Factors
(Table 7-5.03I of the MnDot Road Design Manual)
6" Class 5
2 1/2" #2331 Plant Mix
1 1/2"//2341 Plant Mix
x 1 G.E. per inch
x 2 G.E. per inch
x 2.25 G.E. per inch
= 6 G.E.
= 5 G.E.
= 3.38 G.E.
Total =14.38 G.E.
Bituminous Pavement Design with Aggregate Base:
The attached chart ( Figure 7-5.03A of the Mn.Dot Road Design Manual) indicates that with a
34,464.468 Design Lane Lifetime N18 and a Stabilometer R Value of 10, the G.E. of the
section is 13.
Verifying that the proposed 14.38 G.E. section is adequate.
JANUARY 31, 1982
ROAD DESIGN MANUAL
DESIGN POLICY AND CRITERIA
7-5.0(10)
Figure 7.5.n3A
BITUMINOUS I~AVEMENT DESIGN CHART (AGGREGATE SASE)
Figure 7-5.03A
STEEP SLOPES
Included in the total site area of 41.57 acres there are 5.33 acres
or, 12.67% of the entire site that is an area considered as steep
slopes.
Of the 5.33 acres of steep slopes, 1.64 acres are disturbed,
which is only 3.94% or 4% of the entire site.
The disturbed areas include site grading, and the installation of
sanitary sewer lines.
Of the disturbed areas, .73 acres are in cut slopes and 0.91
acres are in embankment
3-~S-1998 3:~3PM F'~OM PlONE~I~ ENGINC-E~ING ~81 9~80 P. 2
PARK AREA/OPEN SPACE
PARKLAND DEDICATION
Of the total site area of 41.57 acres, 11.9071 acres will be
dedicated as park land.
Included in the 11.9071 acres are 4.83 acres of wetlands,
1.54 acres of steep slopes, and .41 acres of disturbed
slopes, leaving a balance of 5.13 acres.
OPEN SPACE
The total site area comists of 41.57 acres, with only 12.08
acres as impervious surface including the Right=of-Way.
If the Right,of-Way i~ eliminated, only 8.76 acres of the
entire site consists of impervious surface.
Shoreline Diztrict Calculations
Upper Prior Lake
Total Area of 550,715 sq It, impervious area of
111,600 sq ~ which is a 20.26% coverage.
Arctic Lake
Total Area of 630,886 sq It, impervous area of
109,800 sq fi, which is a 17.4% coverage.
TOTAL P.03
6-17--1998 8:S2AM FROM PIONEER ENGINEERING ~81 9488 P. 3
Trip Generation
for
Glynwater
in
City of Prior Lake
The following information/s from Trip Generation ~ Addition, Institute of transportation
Engineers. $cc Attached graphic for dc~ai1~ on turning movement disbursment.
121 Householdz at max. Buildout.
No left turn onto Freemont Ave. from Bay Knolls Drive.
No through traffic into existing development m south.
60 % traffic will usc Co. Rd. 83
40% traffic will use Co. Rd. 21
Traffic generation considers the GIynwater Addition independently
1. Average Daily Trips
5.86 trips per household per day
121 * 5.86 = 710 trips per day attributed to the development
Disbursement
50% trips in -- 355 trips per day
50% trips out = 355 trips per day
2. Peak Morning Traffic Hour - 7-8 A.M.
0.44 trips per household
121 * 0.44 = 53.24 trips during peak trout
Disbursement
17% trips in -- 9 trips per day
83 % trips out = 44 trips per day
2. Peak Evening Traffic Hour - 5-6 P.M.
0.54 trips per household
121 * 0.54 = 65.34 trips durhag peak hour
Disbttrsement
65 % trigs ia = 42 tr~ps per day
35% trips out = 23 trips per day
6-17-1998 8:B2AM FROM PIONEER ENGINEERING 681 9&SB P-&
PLANNING REPORT
AGENDA ITEM: 4 C
SUBJECT: CONSIDER THE PRELIMINARY PLAT TO BE
KNOWN AS WINDSONG ON THE LAKE THIRD
ADDITION
PRESENTER: JANE KANSIER, PLANNING COORDINATOR
PUBLIC HEARING: X YES NO-N/A
DATE: JUNE 22, 1998
INTRODUCTION:
H & H Land Development has applied for approval of a Preliminary Plat to be known as
Windsong on the Lake 3rd Addition. The property in question is located along the east
boundary of the existing Windsong on the Lake Development, immediately adjacent to
Prior Lake at the southerly end of Edinborough Street.
BACKGROUND:
On February 23, 1998, the Planning Commission considered an application to amend the
Windsong on the Lake PUD Plan to add this property, less the existing home site, to the
PUD Plan. The purpose of the amendment was to gain additional lake shorn, which
would then allow 11 additional boat slips. At the same time, the Pla~ing Commission
considered a preliminary plat for this site. The preliminary plat included 1 lot for the
existing dwelling, and two outlots. A portion of the site was also to be added to Lot 2,
Block 1, Windsong on the Lake Addition. The outlots would have become part of the
common open space for the Windsong on the Lake development.
The Planning Commission approved the PUD Plan amendment and preliminary plat on
April 13, 1998. A condition of approval required that the homeowner's association
documents for the development be amended to include the new area. The developer
requested that the item be delayed until he was able to obtain the necessary approvals.
This proposal differs from the original proposal in that it does not include any of the land
in the existing Windsong on the Lake development. The preliminary plat includes 1.62
acres to be subdivided into 1 lot for the existing single family dwelling, and 3 outlots.
PHYSICAL SITE CHARACTERISTICS:
Total Site Area: The preliminary plat consists of 1.62 acres to be subdivided into 1 lot
for the existing dwelling and 3 outlots.
1:\98files\98subdiv\preDlat\windsong\wind2pe.doc Page 1
16200 Ea§le Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
Proposed Lots: Tl~e single family lot is 24, 212 square feet in area. Outlot A includes
21,482 square feet, Outlot B includes 14,903 square feet and Outlot C includes 10,137
square feet. All of the lots include at least 75' of frontage at the Ordinary High Water
elevation. Outlot B will be sold to the owner of the adjacent property (Lot 2, Block 1,
Windsong on the Lake). In the original plan, Outlot A and C were to be added to the
PUD common space. In his narrative, the developer has not indicated his plans for these
outlots if they are not included in the PUD.
Topoeranh¥: The site of the existing house is relatively level. However, the remaining
site is primarily steep slopes and bluffs, with elevations fi.om 904' MSL to 940' MSL.
There is no grading proposed as part of this plan.
Vegetation: This area is wooded, with the exception of the existing home site. Since no
grading or land disturbing activity is proposed, a tree inventory has not been prepared.
Wetlands:. There are no existing wetlands on this site.
Access: Access to the existing home is from Edinborough Street. There is no separate
access to the outlots; access is proposed f~om adjacent lots.
ANALYSIS:
Preliminary Plat: The preliminary plat does not create any additional buildable lots.
Lot 1, Block 1, the site of the existing dwelling, meets all minimum lot area and width
requirements. There is no public fight-of-way or parkland dedicated in this plat. In
addition, there are no require or proposed utilities, including sanitary sewer, water mains,
or storm sewer proposed. The existing house already has these services available, and
there is no need to provide these services to the outlots. Since no utility improvements
are required, no fees will be collected. However, a park land dedication fee will be
collected for the final plat.
The outstanding issue in this plat is the status of the outlots. Without the PUD
amendment, there is no guarantee the outlots will be included as part of the common open
space. With the exception of Outlot B, the developer has not provided any future plans
for these outlots, including ownership and maintenance. Outlot C does not have any
access other than through adjacent lots. This issue must be discussed and resolved prior
to approval of the plat.
Another issue concems the existing encroachmems on the outlots. According to the
preliminary plat documents, there is a stairway providing access to the lakeshore across
both Outlot A and B. In addition, there appears to be a shed located on Outlot C. These
encroachments must either be removed or addressed prior to final plat approval.
The preliminary plat is generally consistent with the Subdivision and Zoning Ordinance
requirements. If the Preliminary Plat is to proceed, it should be subject to the following
conditions:
k\98files\98subdiv\preplat\windsons\wind2pc.doe Page 2
1. The developer must address the ownership and maintenance of each of the outlots. In
addition, future access to Outlot C must be addressed.
2. The encroachments on Outlots A, B and C must be addressed. These structures
should be removed, or their use addressed.
ALTERNATIVES:
1. Recommend approval of the Preliminary Plat subject to the above listed conditions.
2. Recommend denial of the request.
3. Other specific action as directed by the Planning Commission
RECOMMENDATION:
The Planning staff recommends Altemative 1.
ACTION REQUIRED:
1. A motion and second to recommend approval of the Preliminary Plat to be known as
Windsong on the Lake Third Addition, subject to the conditions listed in this staff
report.
EXHIBITS:
1. Location Map
2. Reduced Copy of Overall PUD Plan
3. Reduced Copy of Preliminary Plat
4. Developer's Narrative (3 pages)
1:\98files\98subdiv\preplat\windsong\wind2pc.doe
Page 3
/
Proposed THIRD
ADDITION' AREA
' WINDSONG on the Lake
OVERALL
/
/
RALPH HEUSCHELE ATTY
PAGE
May 21, 1998
City of Prior Lake
H & H LAND DEVELOPMENT
10315 Thomas Avenue South
Bloomington, MN 55431-3315
(612) 884-5037
RE:
Windsong on the Lake Third Addition, Prior Lake, Minnesota
Amendment to Plat and Deferral of PUD Amendment
REQUESTS:
Defer PUD Amendment.
Prelirninary PlatJSubdivision review and approval.
Final Plat review and approval.
Please refer to the Developer's narrative dated January 30, 1998; a copy of which is attached..
Our original application, made on or about January 30. 1998, was for the subdivision of the
property formerly owned by John and Jolene Schdcker as Windsong on the Lake, 3"~ Addition and the
amendment of the Windsong on the Lake PUD to add all of Windsong on the Lake, 3rd Addition, except
the parcel with the former Schricker home on it, into the Windsong PUD. Planning Commission approval
was obtained on April 13, 1998. The developer has agreements to sell the parcel containing the 5ingle
family residence and 140 feet of lake frontage (Lot 1, Block 1, Windsong 3rd) and the "Metzger parcel"
(Outlot B, Windsong 3~" in the revised subroission).
The objective of this plat amendment is to separate the subdivision of the property and the PUO
Amendment into two separate steps. Completion of the subdivision will permit the developer to close on
existing purchase agreeroents. The PUD Amendment requires a 90% consent by present Wind$ong
homeowners and will be required to obtain the permit for additional boat slips, the original objective of
this project. The developer is in the process of obtaining those consents; however, it is possible that
some delay will be experienced in obtaining the last few consents.
The original subdivision plan incorporated Lot 2, BIock 1, Windsong on the Lake, into Windsong
on the Lake 3rd Addition as par[ of Lot 1, Block 2, Windsong on the Lake, Third Aqdition. The parcels of
Windsong on the Lake 3rd Addition under that development plan were:
Lot 1, Block 1, containing 140 feet of lake frontage and the existing single-family home:
Lot 1, Block 2, a combination of a parcel with 75 feet of lake frontage and the former Lo[
2, Block 1 Windsong on the Lake;
Outlot A, containing 95 feet of lake frontage and
Outlot B, containing 75 )'eet of lake frontage
The revised plan will contain the following parcels:
Lot 1. Block 1, containing the existing single-family former Schricker home (unchanged
froro the former plan);
Outlot A, containing 95 feet of lake frontage
Outlot B, containing 75 feet of lake frontage and. adjacent to Lot 2, Block 1 Windsong on
the Lake
Outlot C (forroerly Outlot B), containing 75 feet of lake frontage
The sole change made by this amendment to our original application is to not include Lot 2, block
Windsong on the Lake in Windsong on the Lake 3~ Addition.
02
=5/21/1998 14:58 6128840998
RALPH HEU$CHELE ATTY
PAGE 03
1/30/9B
Windsong on the lake Third Addition
Prior Lake, MN
Proposed by
H & H Land Development
REOUESTS
I. P.U.D. Amendment
2. Preliminary Plat/Subdivision review and approval.
3. Final Plat review and approval.
,PROPOSAL
In 1983, the original 33.36 acre Windsong on the lake P.U.D. was approved by the City of Prior
Lake. It consisted of 26 single family detached home sites, a private equestrian club (8_+ acres)
and private recreation areas (3.55_+ acres) including tennis, trails, docks, beach, shelter building,
otc_ The private recreation areas have been built and most of the original lots sold. The P.U.D.
,,vas amended in 1987 by eliminating the 8_+ acre equestrian club and substituting t2 single
family detached lots. Of these, 7 lots were developed in 1995 and 5 remain for a future final plat
addition (subject to market demand and Co. Rd. 21 construction).
The current proposal is to add an additional 1.53 acres (J'ohn and 3olene Schricker residence -
15371 Edinborough Avenue) into the project, amend the P.U.D. and resubdivide the property.
The resubdivision would include the 0.45 acre Daniel Metzger residence (4130 Windsong
Circle) bringing the total site to 2.08 acres.
The subdivision would:
I, Create a new 0.56 acre parcel (Lot 1, Block 1) for the. existing Schricker residence
maintaining tiao same usable area as existing and providing 140 feet of lakeshore
frontage. Thins residence would maintain its access from Edinborough Avenue.
Since this lot is isolated from other lots within the project, it is not going to be
included in the Windsong P.U.D.. It will just be part of the subdivislon/plat process.
2. Enlarge the existing Metzger parcel to include a portion of the Schricker property to
create a new 0.77 acre parcel (Lot 1, Block 2) that has a 75' lakeshore frontage. The
existing residence would remain. The additional land provides visual lake access for
the land owner. The P.U.D. will limit boat dockage to the common dock area
maintained by the homeowners association.
3, Provide 2 parcels (Outlot A 0.57 acres and Outlot B 0.18 acres-total 0.75 acres) that
will be incorporated into the common private open space area of the P.U.D.. No
improvements are planned at this time for these areas. This brings the total P.U.D. '
open space to 4.3+ acres to provide 13% park area wkhin the 33_+ acre overall
P.U.D. (total P.U.D. area excludes the 1.3 acre Hennen residence from the original
P.U.D. and the existing 0.56 acre Schricker residence form this proposal).
This proposal involves only an amendment to the P.U.D, and land subdivision. All public
improvements (street, utilities, etc.) are already in place. No site grading or other improvements
are proposed and therefore existing tree cover will remain undisturbed.
All boat slips within the ?.U.D. will be through common dockage controlled by the homeowners
association and covenants and will be based solely from the existing Outtot C in Windsong on
the Lake or OutIot B, Windsong on the Lake Third Addition. The additional land provides 385'
of lakeshore frontSge. Of this, la0 feet will remain with the existing Schricker parcel and 75 feet
will be added to the Metzser parcel. This leaves a net 170' oflakeshore which will allow an
additional l 5 boat slips. Proposed Outlot A of'the third addition will have conservation
easements based on review with the Mn DNR,