Loading...
HomeMy WebLinkAbout4C Pebble Creek Shores Report Phone 952.447.9800 / Fax 952.447.4245 / www.cityofpriorlake.com 4646 Dakota Street SE Prior Lake, MN 55372 PLANNING COMMISSION AGENDA REPORT MEETING DATE: FEBRUARY 21, 2017 AGENDA #: 4C PREPARED BY: JEFF MATZKE, PLANNER PUBLIC HEARING: YES AGENDA ITEM: AFTER CONDUCTING A PUBLIC HEARING, CONSIDER THE PEBBLE CREEK SHORES COMBINED PRELIMINARY AND FINAL PLAT DISCUSSION: Introduction Pebble Creek Custom Homes LLC, on behalf of the property owner, has applied for approval of a Combined Preliminary and Final Plat to be known as Pebble Creek Shores to be developed as a 2 lot, low density residential subdivision. The subject property is located on the southern shores of Prior Lake, north of County Highway 12 and west of Terrace Circle. History The site is currently vacant. In 1857 the Spring Lake Townsite Plat was created which provided access to the site via 7th Street. A paved 7th Street surface has never been constructed in the area of the property yet the public right-of-way remains adjacent to the western boundary of the site. Current Circumstances The current proposal calls for a 2 lot single family subdivision of the site (with potential for a possible 3rd lot in the future on the adjacent property). The following paragraphs outline the physical characteristics of the existing site, the Comprehensive Plan and zoning designations, and a description of some of the specifics of the site. PHYSICAL SITE CHARACTERISTICS: Total Site Area: The total development site area consists of 1.09 acres. Topography: This area has relatively level topography, with elevations ranging from the 904’ MSL along Prior Lake to 930’ MSL at Center Road. Wetlands: No wetlands exist on the proposed site. Access: Access to the site is currently from a gravel/dirt path on the platted 7th Street right-of-way (no formal roadway surface exists). 2030 Comprehensive Plan Designation: This property is designated for Low Density Residential uses on the 2030 Comprehensive Plan Land Use Map. Zoning: The site is presently zoned R-1 Low Density Residential. PROPOSED PLAN Lots: The plan calls for 2 lots to be constructed of single family housing styles. The lot sizes range in size from approximately 16,700 square feet to 19,300 square feet. All lots meet the minimum dimensional requirements. Setbacks: The typical residential required setbacks of 25-foot front, 10-foot side yards, and 75 feet from the ordinary high water elevation (OHW) of Prior Lake are proposed. Parks / Trails: No park or trails are proposed. Parkland dedication will be satisfied through a cash-in-lieu payment to the City Park Fund with Final Plat approval. Fees and Assessments: This development will be subject to the standard development fees including park dedication, and trunk street and utility service charges. Access/Street: The designed access for the 2 lots is via a shared driveway within the right-of-way area of 7th Street. The City Staff believes this is a practical approach to the access as a public cul-de-sac would be the typical design; however, it would involve a larger grading impact (tree removal, terrain), increased changes to the neighborhood, and increased public maintenance of an additional city street section. The City Attorney has prepared a memorandum (attached) of which the City Council will need to consider related to the use of the 7th Street right-of-way and the City’s future obligations. The City Staff envisions a written agreement between the City and the developer that would ensure a home owners association (HOA) would be arranged to maintain the shared driveway, lift station, and storm water feature. Sanitary Sewer / Water Mains: Sanitary sewer and water mains were installed in the Center Road right-of-way in the 1970s. Individual lateral water connections will be made for both lots along Center Road. A sanitary sewer line is proposed under the main shared driveway to a centralized manhole at which the individual lateral sewer connections would be made. The main line would be maintained by the city public works. Grading / Storm water: The City has some primary comments related to storm water on the project. The City has meet and discussed these comments with the developer and they are currently revising the grading and storm water plans accordingly. Conclusion Due to the revisions for the storm water and utility comments and the nature of the application as both a Preliminary and Final Plat, the City Staff recommends the bold items related storm water and the sanitary sewer system be addressed immediately and the matter proceed to the City Council meeting for their deliberation on the issue of a private driveway within the public right-of-way as outlined by the City Attorney in the attached memorandum. ISSUES: The Developer and City Staff have discussed issues related to the design of the plat including the private features (driveway, lift station, and storm water feature) as well as storm water regulations. As noted in the attached staff memorandum from the Engineering/Public Works Department, the developer must refine the plans to assure compliance with the Public Work Design Manual requirements and City Zoning Ordinance. This memorandum contains major comments (in bold) which the City Staff typically recommends addressing prior to a favorable recommendation by the Planning Commission; however, in this case, the main issue is the decision to place a private driveway in the area of the 7th Street right-of-way which must be decided by the City Council. Since the developer would like a decision on this issue by the City Council as the primary objective, the developer requests that the Planning Commission complete their recommendation to the City Council at this meeting so that it may proceed to the City Council meeting on February 27th. City Staff is comfortable with this approach as we do agree this is the primary issue with the proposed plat application. ALTERNATIVES: 1. Motion and a second to recommend approval of the Combined Preliminary Plat and Final for Pebble Creek Shores subject to the comments listed in the February 16, 2017 Engineering/Public Works memorandum, or others that may be added or modified by the Commission. 2. Motion and a second to recommend denial of the preliminary plat request based upon findings of fact. 3. Motion and a second to table this item to a future Planning Commission meeting and provide the applicant with direction on the issues that have been discussed. RECOMMENDED MOTION: Alternative #1 ATTACHMENTS: 1. Location Map 2. Development Plans dated January 25, 2017 3. Engineering/Public Works Dept. Memorandum dated January 25, 2017 4. Community and Economic Development Dept. Memorandum dated February 15, 2017 5. City Attorney Memorandum dated February 16, 2017 CENTER R D S W T E R R A C E C I R S W Upper Prior Lake Scott County GIS Ü Pebble Creek Shores Com bined Preliminary and Final Plat Location Map UPPER PRIOR LAKEGD (904) SPRING LAKEGD (912.8) BLINDLAKE RD(948.7) CRYSTAL LAKENE (943.3) RICE LAKENE (945) CAMPBELLLAKE NE(Not Estab.) Spring Lake Upper Prior Lake Scott County GIS SUBJECTPROPERTY SUBJECTPROPERTY Phone 952.447.9800 / Fax 952.447.4245 / www.cityofpriorlake.com Memo Date: February 16, 2017 To: Community Development Department From: Engineering Department – Nick Monserud, Project Engineer Public Works Department – Pete Young, Water Resources Engineer Subject: Pebble Creek Shores Site Plan and Preliminary/Final Plat Review – City Project # DEV17-000001 The Engineering Department and Public Works Department have reviewed the preliminary/final plat for the subject project with a plan date of January 25, 2017. The plans were reviewed for consistency with City Ordinance and Standards detailed in the City of Prior Lake Public Works Design Manual. The following list details deviations from standards or requests for additional information that must be reconciled prior to project approval. The applicant or its representatives are invited to contact the engineering department with any questions or clarifications at 952-447- 9830. Comments highlighted in bold text are of particular concern: General 1. The concept of a private driveway over public right of way is not standard. Normally, a public roadway is built to serve multiple properties. The City Attorney should detail the risks to allowing a private drive over a public roadway. The City Council must then weigh the risks against the maintenance of a public roadway here. Considering the future subdivision of the adjacent property is not a part of this plat adds risk to the situation. It is encouraged that if the City Council proceeds with a private drive over public right of way, that the neighboring property be included and that the Development Contract provide clear language that the lift station and private drive will be maintained by the property owners. 2. Provide digital copy of all the construction drawings in PDF or TIF format prior to construction. 3. Preconstruction meeting will be required prior to commencement of construction. 4. After construction, an as-built record plan shall be submitted. The as-built plan shall follow the requirements of Section 10 of the Public Works Design Manual prior to issuance of the certificate of occupancy. 5. A Letter of Credit will be required for grading and erosion control, utility connection restoration, and right of way restoration. 6. The Developer must obtain all regulatory agency permits and approvals prior to construction, including but not limited to those from the Minnesota Pollution Control Agency for “General Storm Water Permit for Construction Activity”, DNR, Minnesota Pollution Control Agency, Metropolitan Council, Minnesota Department of Health or any other permitting authority. 7. A Right-of-way permit from the City will be required for any work with in the right-of- way. 8. City Project number is DEV17-000001. Please add this project number to the plans. 9. Benchmarks shall be placed on all sheets. (Top nut of existing hydrant is a preferable benchmark). 10. Civil plan sheets drainage and utility easements do not match Final Plat drainage and utility easement. Please revise accordingly. 11. Provide note on plans stating that working hours are from 7:00 A.M. – 7:00 P.M., Monday through Friday and 8:00 A.M. – 5:00 P.M., Saturday. 12. The driveway on Lot 1 encroaches into public right-of-way. Also, the maximum driveway width allowed at the property line is 24 feet. Please revise accordingly. 13. The house on Lot 1 needs to be within the setbacks. Please revise accordingly. 14. The connection to Center St. shall be in accordance with standard plate #606 Residential Concrete Entrances Grading 1. Maximum 4:1 slopes are allowed in “maintained” areas except approved by the City Engineer. Maximum 3:1 slopes are allowed adjacent natural resources. Please revise contours to show proper slopes and note 5 on sheet C3. 2. Revise Grading along SE side of Lot 2 to slope away from the structure. 3. Grading along the SW side of Lot 2 and part of the right-of-way should be a maximum of 4:1. 4. Please smooth out the 910 contour on the lake side of Lot 2. 5. The emergency overflow from the stormwater BMP shall not direct drainage to the neighbor’s property. Please swale contours towards the lake. Storm Sewer 1. Storm sewer pipe within right-of-way must be RCP, greater than 15” ID, and conform to pipe class listed in Exhibit M of the Public Works Design Manual. 2. Considering the vacation of right of way, the storm sewer pipe must be placed within a drainage and utility easement. 3. The last three pipe joints from the flared end section shall be tied together. 4. Riprap at the flared end section shall at a minimum be placed to the current water line of the lake. Maintenance of this outlet/riprap will need to be included with the maintenance agreement. Sanitary Sewer 1. One lift station should be provided for all three properties as discussed originally. The entire house can drain to the lift station. This would be a private lift station and must have a stub to the ghost platted lot. Please provide design plans for the lift station. 2. Televising of the sanitary sewer is required after testing. A copy of the televising report and recordings must be submitted to the Public Works Department. 3. The sewer and water service shall be included in the pressure and leakage testing requirements for the main lines. 4. All sanitary sewer outside of roadway areas must have marking signs placed at the front and back of the property lines. Signs shall be green “Rhino Marking Posts” or approved equal and should be shown on the plans. 5. Show the existing and proposed sanitary sewer in plan and profile view, along with other existing and proposed utilities in the construction zone. 6. Maintain a minimum of 10’ of horizontal separation between sanitary sewer and watermain. 7. Deflection testing for all non-rigid pipes shall be conducted after the final backfill has been in place for 30 days. 8. The maximum depth of the sanitary sewer service at the ROW line shall be 10’ unless documented by a proposed house or building elevation that justifies a deeper service. 9. Show sewer service elevations at the houses. 10. Sewer service for the ghost plat shall be installed with the development. Watermain 1. Water service for the ghost plat shall be installed with the development. 2. The City requires 48 hours notice for any watermain shutoff. 3. Re-arrange water services to minimize crossings. 4. Hydrant – please include standard plate #500. 5. All watermain gate valves and curb stops shall have adjustable gate valve extension stems. 6. Activation of the watermain system shall be performed by City personnel only. Hydrology 1. Submittal does not meet city rate control requirements. A second stormwater management BMP is needed to meet these requirements. The proposed basin could be modified and directed into a second basin closer to the lake and within the right- of-way area. Second basin should be located so that it may be expanded to accommodate a future third lot. 2. HydroCAD model comments: a. Update the existing and proposed drainage areas to include portions of the lots to the south of the project area. b. Include the actual existing/proposed site characteristics instead of assuming general land covers. c. Provide a detail for CBMH 3 showing critical elevations to explain the device routing for the outlet of the filtration basin. SWPPP 1. The project is located in a shoreland zone and will result in land disturbance of more than 10,000 square feet. A SWPPP that meets the requirements of the NPDES Construction Stormwater Permit must be reviewed and approved before a grading permit will be issued for the site. Full SWPPP review will occur after updated plans are submitted. Phone 952.447.9800 / Fax 952.447.4245 / www.cityofpriorlake.com Memo The Community & Economic Development Department has reviewed the Combined Preliminary & Final Plat for the subject project with a plan date of 1/25/2017 and we have the following comments: General 1. Development fees – The following development fees are to be collected prior to recording of any approved final plat: Park Dedication of 1 unit(s) at $3,750 per unit, Trunk Water ($6,960/net acre), Trunk Sanitary Sewer ($3,678/net acre), Trunk Storm Sewer ($3,376/net acre), Street Oversize ($5,953/net acre), $9,000 Water Connection Fee, $9,000 Sewer Connection Fee, and a 4% administrative fee and 5% construction observation fee based on the total estimated construction costs (which include grading, landscaping, and public utility connections – see comment #2). 2. Provide engineering estimate for total estimated construction cost including categories based on sanitary sewer, water main, storm sewer, small utilities, streets/sidewalks/trails, street signs, traffic control signs, landscaping/irrigation, grading, and erosion control. 3. Provide title report/commitment for property indicating all applicable property owners/mortgages. 4. Plat approval is pending vacation of 30 feet of public right-of-way. 5. Plat approval as presented will required City Council approval of private driveway/utility/stormwater agreement across public right-of-way. Plat/Site Plan 6. House/deck plan for Lot 1 extends into minimum 75-foot lake setback. Revise accordingly. 7. Remove large rear yard drainage and utility easement area, only typical 10-foot easement is needed at back of lots. 8. Include note indicating “Impervious Surface coverage maximum allowed is 30% of total lot area above 904 OHW elevation for each lot.” per Section 1104.306 of City Ordinance. 9. Remove hammerhead driveway from right-of-way. Driveway setback is 5 feet from side property lines per Section 1107.205 of City Ordinance. Date: February 15, 2017 To: Derek Walgrave, Pebble Creek Homes From: Jeff Matzke, Planner Subject: Pebble Creek Shores Combined Preliminary & Final Plat City Project #DEV2017-000001 MEMORANDUM To: Jeff Matzke From: Sarah Schwarzhoff Date: February 16, 2017 Re: Private use of Public ROW In 1857 the area between Spring Lake and Upper Prior Lake was platted as the Spring Lake Townsite. Now, a developer has applied for a preliminary and final plat to re-plat a portion of the Townsite into two new lots. The access to the newly platted lots would be provided by 7th Street, a 60 foot wide piece of land running from Center Road SW to Upper Prior Lake (“Road”). There is also an abutting portion of the Townsite plat which, if subdivided as a separate lot, would use the Road for access as well. The Road was platted with the original Townsite but has not been constructed, used or maintained as a street. The area is currently undeveloped and heavily wooded. Without construction of the road there is no physical access to the three potential lots. When a street is platted it is deemed to be held in trust by the City for the public. Minn. Stat. 505.01. The City can determine when or if to open the road for use. Vill. of Medford v. Wilson, 230 N.W.2d 458, 459 (1975). However, a person purchasing a lot within a plat “is entitled to the benefit of the plat as it appears when he purchases it. If there are public streets, they inure to his benefit”. Gilbert v. Emerson, 61 N.W. 820, 822 (1895). Generally, where someone wants to gain access through an unbuilt, unopened but platted road, the City would require the developer to construct the road to City standards. The City would take possession of and responsibility for the street including future maintenance. This process is fairly expensive for the developer as they are required to construct a high quality street. It also imposes on the City future maintenance and improvement obligations which can become expensive. In this case, the developer has informed City staff that if he is required to construct the street to City standards he will not proceed with the project due to the costs. The developer has suggested that instead he be allowed to construct a private drive on the Road right of way. The City can allow the developer to install the street to lower standards. However, this will cost the City more long term because maintenance and improvement is more expensive for a substandard street. In addition, having a substandard street can lead to liability issues because injuries or damage may be more likely to occur on a substandard street. Due to the City’s long term maintenance and improvement expense and the possibly increased liability I do not recommend allowing the developer to construct a street that the City has to maintain to anything but City standards. Alternatively, the City could attempt to allow the developer to construct some type of private drive on the Road right of way to something less than City standards. The City would enter into an agreement with the developer which would state that the City is not opening the Road or exercising jurisdiction over it and that the City maintains its right to open the Road at some point in the future. The agreement would also outline the obligations of the developer and future property owners with regards to the maintenance and liability for the private drive. However, it is not clear that the City has the authority to allow someone to establish a private easement over public right of way. Although courts have indicated that lot owners have the right to use platted streets, it is not clear if this includes to all platted streets or only opened streets. It is also not clear if the right to use a street extends to improving it. The City of Duluth did something similar, allowing a property owner to construct a private access on a platted road. The court approved the private use of the public right of way but did so based on the City of Duluth Charter which authorized the City to issue a permit for construction of private improvements on a platted street. Bolen v. Glass, 755 N.W.2d 1 (2008). The City of Prior Lake is a statutory city and does not have similar authority to issue a permit for private construction on a platted street. The City would need to rely on its general position as the road authority. A court might or might not uphold the City’s authority to allow private use of a public right of way. Or a court might find that by allowing private use the City exercised jurisdiction and opened the Road. Either way, if the City is deemed not to have authority or if the Road is deemed to have been opened, the City may be forced to take over a substandard private drive as a City street which would result in additional maintenance and improvement costs and potentially additional liability.