HomeMy WebLinkAbout7A 2018 Mill and Overlay Project Report
Phone 952.447.9800 / Fax 952.447.4245 / www.cityofpriorlake.com
4646 Dakota Street SE
Prior Lake, MN 55372
CITY COUNCIL AGENDA REPORT
MEETING DATE: OCTOBER 15, 2018
AGENDA #: 7A
PREPARED BY: JASON WEDEL, PUBLIC WORKS DIRECTOR/CITY ENGINEER
PRESENTED BY: JASON WEDEL
AGENDA ITEM: PUBLIC HEARING TO CONSIDER APPROVAL OF A RESOLUTION
ADOPTING THE ASSESSMENT ROLL FOR THE 2018 MILL AND
OVERLAY IMPROVEMENT PROJECT (PROJECT # STR18-000001)
GOAL AREA AND
OBJECTIVE:
DISCUSSION:
Transportation & Mobility
1. Maintain quality local street system based on a financially stable plan
that meets Overall Condition targets.
Introduction
This agenda item is necessary to adopt the assessment roll for the 2018
Mill and Overlay Improvement Project.
History
Each year the City mills and overlays segments of streets that have aged
to the point of needing a new surface but do not yet need a complete
reconstruction. This is done as part of the City’s pavement management
program to provide timely improvements and extend the life of these
streets as long as possible.
On March 5, 2018 the City Council held a public hearing and ordered the
2018 Mill and Overlay project. At the June 4, 2018 Council Meeting, the
Council awarded the bid for the 2018 Mill and Overlay Project. Project
STR18-000001 includes the mill and overlay of streets in various
locations throughout the City. The City executed a contract with GMH
Asphalt for this project. The project has since been substantially
completed.
The City’s 2018 Fee Schedule includes the $1200 assessment fee per
Residential Equivalent Density for mill and overlay projects.
Current Circumstances
Construction of the project is substantially complete. There is some turf
establishment that needs to be re-done as part of the Contractor’s punch
list, but all of the curb replacement and street paving is done.
All benefitting property owners have been mailed a sample payment
schedule which included information pertinent to their property such as
the total proposed assessment amount and the assessment rate for up to
2
a five-year period. The Notice of Hearing of Proposed Assessment was
published in the official City newspaper.
Under State Statute, the City may only assess a property up to the
amount the property is specially benefitted by the public improvement.
Property owners who believe that the proposed assessment exceeds the
special benefit have a right to appeal their assessments in District Court.
In order to perfect their right to appeal their assessment a property owner
must submit their written objections to the proposed assessment to the
City Manager before or during the assessment hearing.
In addition to perfect the appeal, within 30 days after the adoption of the
assessment the appellant must file with the city manager a notice of
appeal and after such filing the same notice must be filed with the District
Court within 10 days.
We have apprised each of the property owners of our Deferred
Assessment program.
Conclusion
State Statute requires that special assessments be certified to the County
by November 30th of each year. Since property owners must be allowed
30 days to pay off their assessments interest free, the assessment roll
must by adopted prior to November 1, 2018.
ISSUES: The proposed assessment is consistent with the fee schedule that was
adopted by the City Council for 2018 and is consistent with what was
presented in the feasibility report and at the public hearing when the
project was ordered.
The City has heard from several residents that oppose being assessed
for this project. A petition dated August 27, 2018 was received by the
City from the property owners within the Wild Oaks development.
Attached to this report is a copy of their submittal which includes their
basis for requesting a reduction in their proposed assessments as well as
some background information from when their development was originally
approved by the City in 1999.
The City also received an email from the property owner at 14091 Hidden
View Road outlining his basis for why the City should not be assessing for
this project. A copy of the email is attached to this report.
Finally, the City received a letter from the Westedge Estates Townhome
Association. Their association includes townhomes located along
Simpkins Drive which is a private street. They are requesting that there
assessments should be reduced because they incur their own costs for
maintaining the private street. A copy of their letter is attached to this
report.
FINANCIAL
IMPACT:
The project is proposed to be financed by Special Assessments and a
transfer from the General Fund to the Permanent Improvement Revolving
3
(PIR) Fund as shown in the table below. Based on the low bid of
$589,410.19 and proposed special assessments of $482,306.40 the
remaining balance of $107,103.79 will come from the General Fund
transfer. The approved 2018 Capital Improvement Program and Budget
contemplated $650,000 in the newly created PIR Fund for this project.
General Fund Transfer $107,103.79
Assessments $482,306.40
Total $589,410.19
During construction it was discovered that the existing streets had lost
more of their crown than originally anticipated. To reestablish an
acceptable crown, which ensures proper drainage by directing storm
water runoff from the center of the street to the curb and gutter on either
side, more bituminous was needed than originally included in the
construction plans. The additional bituminous resulted in an increase to
the overall project cost. The total project cost is now $679,356.89, which
is $89,946.70 over the original bid amount.
The City’s 2018 budget includes funding for street maintenance projects
that we contract through our Joint Powers Agreement (JPA) with other
communities in the area and includes chip sealing and pavement striping.
The City also budgets for miscellaneous street repairs such as pothole
patching, sidewalk repairs, and curb and gutter repairs that we complete
with our Street Department. Between these two accounts there is
enough funding available to cover the overage in the 2018 Mill and
Overlay project.
ALTERNATIVES: 1. Conduct the public hearing and if no new substantive information
is offered, approve a resolution adopting the assessment roll as
submitted or with amendments for the 2018 Mill & Overlay
Improvement Project #STR18-000001.
2. Deny this item for a specific reason and provide staff with
direction.
3. Table this item until some date in the future.
RECOMMENDED
MOTION:
Motion and second for approval of alternative #1.
4646 Dakota Street SE
Prior Lake, MN 55372
RESOLUTION 18-___
A RESOLUTION ADOPTING ASSESSMENTS FOR THE 2018 MILL AND OVERLAY
IMPROVEMENT PROJECT (CITY PROJECT #STR18-000001)
Motion By: Second By:
WHEREAS, Pursuant to proper notice duly given as required by law, the Council has met and
heard and passed upon all objections to the proposed assessments for the 2018
Mill and Overlay Improvement Project, City Project #STR18-000001.
NOW THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF PRIOR LAKE,
MINNESOTA as follows:
1. The recitals set forth above are incorporated herein.
2. The proposed assessment for the 2018 Mill & Overlay Improvement Project, City Project
#STR18-000001, a copy of which is attached hereto and made part hereof, is hereby
accepted and shall constitute the special assessment against the lands named therein, and
each tract of land therein included is hereby found to be benefitted by the proposed
improvement in the amount of the assessment levied against it.
3. The assessment in the total amount of $1,200.00 per Residential Equivalent Density shall
be payable on an equal principal method extending over a period of five (5) years, the first of
the installments to be payable on or before the first Monday in January 2019, and shall bear
interest at the rate of four and forty one hundreths (4.41) percent per annum from the date of
the adoption of this assessment resolution. To the first installment of each assessment shall
be added interest on the entire assessment from October 15 until December 31 of the year
in which the first installment is payable, and to each subsequent installment shall be added
interest for one year on all unpaid installments. ach subsequent installment shall be added
interest for one year on all unpaid installments. The portion of the cost of such
improvements to be paid by the City is hereby declared to be $197,050.49 and the portion of
the cost to be assessed against benefited property owners is declared to be $482,306.40.
4. The owner of any property so assessed may, at any time prior to certification of the
assessment to the County Auditor, pay the whole of the assessment on such property, with
interest accrued to the date of the payment, except that no interest will be charged if the
entire assessment is paid within thirty (30) days, and he/she may, at any time thereafter, pay
to the city treasurer the entire amount of the assessment remaining unpaid, with interest
accrued to December 31 of the year in which such payment is made. Such payment must
be made before November 30 or interest will be charged through December 31 of the next
succeeding year.
5. The Finance Director shall forthwith transit a certified duplicate of this assessment to the
County Auditor to be extended on the property tax lists of Scott County. Such assessments
shall be collected and paid to the City in the same manner as other municipal taxes.
Passed and adopted by the Prior Lake City Council this 15th day of October, 2018
2
VOTE Briggs McGuire Thompson Braid Burkart
Aye ☐☐ ☐ ☐ ☐
Nay ☐ ☐ ☐ ☐ ☐
Abstain ☐☐ ☐ ☐ ☐
Absent ☐☐ ☐ ☐ ☐
______________________________
Frank Boyles, City Manager
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PLANNING REPORT
AGENDA ITEM: 4 A
SUBJECT: CONSIDER A REQUEST FOR A CONDITIONAL USE
PERMIT AND A PRELIMINARY PLAT TO BE
KNOWN AS WILD OAKS FOR A TOWNHOUSE
DEVELOPMENT
PRESENTER: JANE KANSIER, PLANNING COORDINATOR
PUBLIC HEARING: ___X___ YES _____NO-N/A
DATE: FEBRUARY 8, 1999
INTRODUCTION:
Prior Lake Oaks, LLC, has applied for a Conditional Use Permit and a Preliminary Plat
for the property located on the south side of CSAH 42, west of Greenway Avenue and
north and east of Conroy Street. The application includes a request for a conditional use
permit to allow the development of the property with 21 townhouse units, and a
preliminary plat consisting of 22 lots for the townhouse units and open space.
BACKGROUND:
In 1995, RCS Associates filed applications for a Zone Change, a Schematic and
Preliminary Planned Unit Development and a Preliminary Plat for a townhouse
development on this property. The original proposal included 23 units with private
streets. This proposal was ultimately revised to 20 townhouse units with private streets.
On January 16, 1996, 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 Ordinance in that the same proposal, with the exception of the
private streets, could be accomplished through the Conditional Use Permit Process.
Prior Lake Oaks, LLC, the current developer, filed an application for a conditional use
permit and a preliminary plat in January, 1999. This proposal differs from the original
proposal in the number of units, 21 instead of 20, and in the use of a public street for
access to the units.
PHYSICAL SITE CHARACTERISTICS:
Total Site Area: The total site consists of 13.82 acres. The net area of this site, less
wetlands, is 9.5 acres.
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Topography: This site has a widely varied topography, with elevations ranging from
950’ MSL at its highest point to 904’ MSL at the lowest point. The site generally drains
towards the wetlands located along the westerly portion of the site and the southeasterly
corner of the site. There are also steep slopes, or slopes in excess of 20%, located on this
site. These slopes are located along the southern portion of the plat, along CSAH 42, and
along the wetland on the west portion of the plat. Approximately 1.5 acres of the
buildable 9.5 acres consists of these steep slopes. Many of these slopes, especially along
the south and west portions of the site, will be disturbed by the placement of building
pads and utilities.
Vegetation: This site is also wooded, with several significant trees. The project is
subject to the Tree Preservation requirements of the Zoning Ordinance. The applicant has
submitted a count of the significant trees on the site. However, this inventory does not
include the species or the total caliper inches, so we are unable to determine if tree
replacement will be required. The Tree Preservation Ordinance allows removal of 25%
of the total caliper inches for grading and utilities, and removal of an additional 25% of
the total caliper inches for building pads without tree replacement. Removal of additional
caliper inches requires replacement at a rate of 1/2 caliper inch for each caliper inch
removed.
Wetlands: There are two wetlands located within this site, with a total area of 4.3 acres.
The largest wetland covers the entire western portion of the site. The smaller of the two
wetlands is located along Conroy Street and Greenway Avenue on the south side of the
site. The plans indicate 2,550 square feet of the smaller wetland will be filled to allow
the reconstruction of Conroy Avenue. This are will be mitigated adjacent to the larger
wetland.
Access: Access to the site is from Conroy Street on the south. Conroy Street i s presently
a gravel road without curb and gutter. This proposal would improve Conroy Street with
pavement, curb and gutter, from the end of Greenway Avenue for about 400 feet. A cul-
de-sac is proposed at the entrance to this development.
PROPOSED PLAN
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
entire site is located within the 2010 MUSA boundary.
Zoning: The property is zoned R-1 (Suburban Residential), which is consistent with the
Comprehensive Plan designation, and C-1 (Conservation). The R-1 district permits
townhouse developments as a conditional use, with a density not to exceed 3.5 units per
acre. The C-1 district covers the wetland on the west side of the property.
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Flood Plain District: The west and southwest portion of this site are also located within
the 100 year Flood Plain District. The Flood Plain regulations require that access to this
site be no less than 2’ below the Regulatory Flood Plain Elevation, or 907.9’ MSL. The
Flood Plain regulations also require that the lowest floor elevation of the units be at least
909.9’ MSL. According to the grading plan, all of the units meet this requirement.
Shoreland District: This property is also located within the Shoreland District. Since
the site is not a riparian lot, the major Shoreland issue is the impervious surface of the lot.
The impervious surface is calculated based on the lot area above the 904 elevation, less
any public right-of-way, and may not exceed 30 percent. The developer must provide a
calculation of impervious surface, including the building area, driveways and patios.
Density: The plan proposes 21 units on a total of 13.82 acres. Density is based on the
buildable acres of the site, or in this case on 9.5 net acres. The overall density proposed
in this plan is 2.2 units per acre, which is within the permitted density of 3.5 units per
acre.
Lots: The preliminary plat consists of 22 lots for the townhouse units and open space.
There are 21 “envelope” lots for the buildings, and 1 lot for common open space.
Building Styles: The proposed plan calls for a townhouse style development consisting
of 3- and 4-unit buildings. Sample floor plans of these buildings are attached to this
report. There are 3 3-unit buildings, 3 4-unit buildings. The buildings are rambler style
structures with lookout and walkout foundations, attached double garages, and pitched
roofs. Exterior materials include brick and stucco on the front, and vinyl siding on the
back and side of the buildings. Each of the units will include 1,700 square feet of
finished floor area on the main level and a similar area available for finish on the lower
level. The developer anticipates the units will sell for $250,000 to $300,000 each,
depending on interior options and locations.
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. The plan also indicates a setback of 150’ from the
center line of CSAH 42. These setbacks are consistent with the Zoning Ordinance
requirements and with conventional setbacks.
Lot Coverage: The R-1 district allows a maximum lot coverage of 18% for a townhouse
development. The proposed plan indicates a lot coverage of approximately 19%. This
exceeds the maximum lot coverage, but the developer has not applied for any variances at
this time.
Streets: This plan proposes one new public street. Wild Oaks Terrace is a 350’ long cul-
de-sac extending from Conroy Street north into this site. This street is designed with a
50’ wide right-of-way and a 32’ wide surface. The street also has a 7% uphill grade from
Conroy Street to the end of the cul-de-sac. The City Engineering Department has noted
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this grade is too steep to accommodate snow plowing, and should be flattened. The
Engineering Department also notes that, according to the Public Works Design Manual,
the street grade may not exceed 2% for the first 100’ approaching an intersection. This
cul-de-sac does not meet this requirement.
The plan also calls for three driveway accesses providing access to Lots 1-3, 7-10 and 13-
21. These drives are 20’ wide, which is consistent with the Fire Code.
Finally, as noted above, the plan proposes the improvement of Conroy Street from
Greenway Avenue for 400’ to the west, where it intersects with Wild Oaks Terrace and
ends in a cul-de-sac. The existing portion of Conroy Street west of this point to CSAH 42
will remain as is, a gravel road without curb and gutter.
Parking: The proposal provides at least 2 spaces per dwelling unit, which is consistent
with the Zoning Ordinance requirements. However, there are no provisions for additional
guest parking. The width of the driveways, and the grade of the cul-de-sac, will not allow
on-street parking.
Sidewalks/Trails: There are no sidewalks or trails proposed as part of this development.
Parks: There are no parks identified within this site. The size of the site, as well as the
topography and wetlands, do not provide for parkland meeting the City’s needs. Parkland
dedication requirements for this site will be satisfied by a cash dedication in lieu of land.
The amount of cash dedication is based on 10% of the gross acreage (13.82 acres)
multiplied by $13,000 per acre. The total dedication is approximately $17,966.
Sanitary Sewer and Water Main: Sanitary sewer and water main will be extended
from the existing utilities in Conroy Street. The proposed lines will be located within the
Wild Oaks Terrace right-of-way and within the private driveways. The Engineering
Department has noted that the maintenance of the utilities within the private drives will
be difficult due to the narrow width of the driveway. They have suggested the developer
consider an alternative design for these utilities.
Storm Sewer: The plan proposes one NURP pond, located at the southwest corner of
this site, just off of the intersection of Conroy Street and Wild Oaks Terrace. There is
storm sewer and catch basins located in Wild Oaks Terrace which will direct the runoff to
this NURP Pond. Some of the runoff will be directed towards the wetland located north
of Conroy Street and east of Wild Oaks Terrace. The Prior Lake/Spring Lake Watershed
District has reviewed these plans and issued a permit for this design.
Landscaping/Tree Replacement: The developer has submitted a landscaping plan
which identifies a total of 100 new trees on the site. These trees will be located along the
perimeter of the site, and along the front of the units and Wild Oaks Terrace. The
ordinance requires a minimum of 78 trees, based on one tree for each 40’ of the 3,106’ of
perimeter. While the number of trees meets the Zoning Ordinance requirements, the
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calculation of the site perimeter is not consistent with the site survey. This calculation
must be corrected to show the proper numbers. In addition, an irrigation plan for this site
is required.
As noted above, the applicant has submitted a count of the significant trees on the site.
However, this inventory does not include the species or the total caliper inches, so we are
unable to determine if tree replacement will be required. The proper calculations must be
submitted, and the landscaping plan adjusted to provide any required tree replacement.
ANALYSIS:
The major issues concerning the development of this site are the steep slopes, the
extension of Conroy Street, tree preservation, the design of Wild Oaks Terrace, and
utilities located within the private drives. There are also several design issues which must
be addressed. These issues are discussed in the following paragraphs.
Steep Slopes: There are several areas consisting of steep slopes, or slopes greater than
20%, on this site which will be disturbed as a result of grading and building placement.
Section 6-6-6 E of the Subdivision Ordinance states “whenever possible, slopes of twenty
percent (20%) or greater should not be disturbed and should be retained as private or
public open space.” It appears the only way to avoid theses slopes is to eliminate
buildings. It should also be noted that any development of this site will require some
disturbance of 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.
Conroy Street: The plan proposes the improvement of Conroy Street from Greenway
Avenue for 400’ to the west, where it intersects with Wild Oaks Terrace and ends in a
cul-de-sac. The existing portion of Conroy Street west of this point to CSAH 42 will
remain as is, a gravel road without curb and gutter. This arrangement requires that those
homes with access from Conroy Street west of this point must travel over a drive-over
curb and continue on the unimproved road. It seems more prudent to extend Conroy
Street to the west end of this plat, and provide a cul-de-sac at this point. While such a
cul-de-sac would exceed the 500’ maximum length, it would provide better access to all
of the existing homes on Conroy Street. Furthermore, this arrangement could allow the
vacation of Conroy Street to CSAH 42, thereby eliminating the dangerous intersection at
CSAH 42, Conroy Street and Shady Beach Trail.
Tree Preservation: This site is heavily wooded. Based on the plans submitted, the site
will not be clear-cut, and the developer has attempted to save several of the significant
trees. However, the tree inventory submitted does not include the information necessary
to determine if the proposal complies with the Tree Preservation Ordinance and whether
or not replacement is required. This information must be provided before the
development can move forward.
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Wild Oaks Terrace: This cul-de-sac is relatively short with a 7% grade, making routine
maintenance, such as snow plowing, very difficult. The design of this road should be
modified to provide a flatter grade and to meet standards outlined in the Public Works
Design Manual.
Utilities: The plan proposes sewer and water main located within easements beneath the
private drives. The Engineering Department is very concerned about the maintenance and
repair of these utilities within such a confined space. An alternative design for these
utilities should be prepared.
Other: Other issues which must be addressed include the fact that the proposal exceeds
the allowable lot coverage of 18% in the R-1 District. The developer must either file an
application for a variance to this standard, or modify the design to meet this requirement.
The developer must also provide the necessary information to determine whether the site
is within the maximum impervious surface allowed under the Zoning Ordinance. Other
design and Engineering issues which are relatively minor are outline in the memo from
Sue McDermott, Assistant City Engineer, dated January 27, 1999.
In order to address several of the issues listed above, the developer must make major
design modifications to this plan. The staff recommends the Conditional Use Permit
application and the Preliminary Plat application be tabled at this time in order to allow the
developer to address these issues.
PLANNING COMMISSION RECOMMENDATION:
At this time, the Planning Commission should make a recommendation on the proposed
Conditional Use Permit and Preliminary Plat.
The Commission should discuss the issues outlined above, and any other issues which
occur as a result of the public testimony, and provide the developer with some direction
on these matters. Following the discussion, the Commission should table this item to a
date specific to allow the developer to modify the plans. The staff would recommend that
item be tabled until at least March 8, 1999, or later if needed.
1. If the Commission feels the proposal should proceed to the Council as proposed, the
staff would request the Commission table the item to February 22, 1999, to allow the
staff to prepare a list of appropriate conditions of approval for adoption and
forwarding to the City Council.
ALTERNATIVES:
1. Table this item to a date specific, and provide the developer with direction on the
issues which have been discussed.
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2. Recommend approval of the Conditional Use Permit and Preliminary Plat and table
the item to February 22, 1999, to allow staff to prepare a list of conditions of approval
for forwarding to the City Council.
3. Recommend denial of the request.
4. Other specific action as directed by the Planning Commission
RECOMMENDATION:
The Planning staff recommends Alternative 1.
ACTION REQUIRED:
A motion and second to table this item to a date specific.
EXHIBITS:
1. Location Map
2. Reduced Copy of Conditional Use Permit and Preliminary Plat Plans
3. Developer’s Narrative
4. Zoning Map
5. Flood Plain Map
6. Memo from Sue McDermott, dated January 27, 1999
7. DNR Comments
8. Watershed District Comments
9. Finance Director Comments
10. Letter from John Gorra
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PLANNING REPORT
AGENDA ITEM: 4 B
SUBJECT: CONSIDER A REQUEST FOR A CONDITIONAL USE
PERMIT AND A PRELIMINARY PLAT TO BE
KNOWN AS WILD OAKS FOR A TOWNHOUSE
DEVELOPMENT
PRESENTER: JANE KANSIER, PLANNING COORDINATOR
PUBLIC HEARING: ___X___ YES _____NO-N/A
DATE: APRIL 26, 1999
INTRODUCTION:
Prior Lake Oaks, LLC, has applied for a Conditional Use Permit and a Preliminary Plat
for the property located on the south side of CSAH 42, west of Greenway Avenue and
north and east of Conroy Street. The application includes a request for a conditional use
permit to allow the development of the property with 21 townhouse units, and a
preliminary plat consisting of 22 lots for the townhouse units and open space.
BACKGROUND:
In 1995, RCS Associates filed applications for a Zone Change, a Schematic and
Preliminary Planned Unit Development and a Preliminary Plat for a townhouse
development on this property. The original proposal included 23 units with private
streets. This proposal was ultimately revised to 20 townhouse units with private streets.
On January 16, 1996, 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 Ordinance in that the same proposal, with the exception of the
private streets, could be accomplished through the Conditional Use Permit Process.
Prior Lake Oaks, LLC, the current developer, filed an application for a conditional use
permit and a preliminary plat in January, 1999. This proposal differed from the original
proposal in the number of units, 21 instead of 20, and in the use of a public street for
access to the units. On February 8, 1999, the Planning Commission tabled action on this
request to allow the developer the opportunity to revise the plans and address several
issues raised by staff and at the public hearing. The developer originally intended to
submit revised plans in March, 1999; however, he did not meet the deadlines. The
developer has signed a document waiving the 120 day deadline for City action.
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Revised plans for this development were submitted on April 2, 1999. While the number
of units has remained the same at 21, the revised plan is significantly different from the
previous plan in that the access has been relocated to Greenway Avenue rather than
Conroy Street.
PHYSICAL SITE CHARACTERISTICS:
Total Site Area: The total site consists of 13.82 acres. The net area of this site, less
wetlands, is 9.5 acres.
Topography: This site has a widely varied topography, with elevations ranging from
950’ MSL at its highest point to 904’ MSL at the lowest point. The site generally drains
towards the wetlands located along the westerly portion of the site and the southeasterly
corner of the site. There are also steep slopes, or slopes in excess of 20%, located on this
site. These slopes are located along the southern portion of the plat, along CSAH 42, and
along the wetland on the west portion of the plat. Approximately 1.5 acres of the
buildable 9.5 acres consists of these steep slopes. The placement of roads, building pads,
and some utilities will disturb the slopes located along the east boundary and the south
portion of the site.
Vegetation: This site is also wooded, with several significant trees. The project is
subject to the Tree Preservation requirements of the Zoning Ordinance. The applicant has
submitted a tree inventory which identifies 2,076 caliper inches of significant trees. The
Tree Preservation Ordinance allows removal of 25% of the total caliper inches for
grading and utilities, and removal of an additional 25% of the total caliper inches for
building pads without tree replacement. According to the tree inventory, a total of 321
caliper inches (16.3%) will be removed for grading and utilities. An additional 821
caliper inches (39.5%) will be removed for the placement of building pads and driveway.
Removal of additional caliper inches requires replacement at a rate of 1/2 caliper inch for
each caliper inch removed. Therefore, 151 caliper inches of significant trees must be
replaced.
Wetlands: There are two wetlands located within this site, with a total area of 4.3 acres.
The largest wetland covers the entire western portion of the site. The smaller of the two
wetlands is located along Conroy Street and Greenway Avenue on the south side of the
site. This plan does not propose the filling of any of the wetlands.
Access: Access to the site is from Greenway Avenue on the east. This is probably the
most significant change from the original plan, which had its access from Conroy Street.
Since this proposal does not directly access Conroy Street, no improvements are planned.
PROPOSED PLAN
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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
entire site is located within the 2010 MUSA boundary.
Zoning: The property is zoned R-1 (Suburban Residential), which is consistent with the
Comprehensive Plan designation, and C-1 (Conservation). The R-1 district permits
townhouse developments as a conditional use, with a density not to exceed 3.5 units per
acre. The C-1 district covers the wetland on the west side of the property.
Flood Plain District: The west and southwest portion of this site are also located within
the 100 year Flood Plain District. The Flood Plain regulations require that access to this
site be no less than 2’ below the Regulatory Flood Plain Elevation, or 907.9’ MSL. The
Flood Plain regulations also require that the lowest floor elevation of the units be at least
909.9’ MSL. According to the grading plan, all of the units meet this requirement.
Access to the site is also well above the minimum elevation.
Shoreland District: This property is also located within the Shoreland District. Since
the site is not a riparian lot, the major Shoreland issue is the impervious surface of the lot.
The impervious surface is calculated based on the lot area above the 904 elevation, less
any public right-of-way, and may not exceed 30 percent. According to the plans
submitted, 60,466 square feet (14.9%) of the net site area of 406,612 square feet is
impervious surface. This falls within the allowed 30% impervious surface.
Density: The plan proposes 21 units on a total of 13.82 acres. Density is based on the
buildable acres of the site, or in this case on 9.5 net acres. The overall density proposed
in this plan is 2.2 units per acre, which is within the permitted density of 3.5 units per
acre.
Lots: The preliminary plat consists of 22 lots for the townhouse units and open space.
There are 21 “envelope” lots for the buildings, and 1 lot for common open space.
Building Styles: The proposed plan calls for a townhouse style development consisting
of 2- and 3-unit buildings. Building elevations and sample floor plans of these buildings
are attached to this report. The plan calls for three 3-unit buildings, and six 2-unit
buildings. The 2-unit buildings are rambler style structures with walkout foundations and
the 3-unit buildings are a 11/2 story structure with lookout foundations. All of the units
have attached double garages, and pitched roofs. Exterior materials include brick and
stucco on the front, and vinyl siding on the back and side of the buildings. Each of the
units will include approximately 1,400 square feet of finished floor area on the main level
and an additional 950 square feet available for finishing on the lower level. The
developer anticipates the units will sell for $200,000 to $240,000 each, depending on
interior options and locations.
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’
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separation between the buildings. The plan also indicates a setback of 150’ from the
center line of CSAH 42. These setbacks are consistent with the Zoning Ordinance
requirements and with conventional setbacks.
Lot Coverage: The R-1 district allows a maximum lot coverage of 18% for a townhouse
development. The proposed plan indicates a lot coverage of approximately 13%, which is
within the maximum requirement.
Streets: This plan proposes one new public street. Wild Oaks Terrace is a 400’ long cul-
de-sac extending from Greenway Avenue west into this site. This street is designed with
a 50’ wide right-of-way and a 32’ wide surface. The street also has a 6% grade at its
steepest point. The previous plan for Wild Oaks Terrace included a 7% downhill grade
from Conroy Street to the end of the cul-de-sac. The difference in this design is that the
street flattens out at the cul-de-sac and at the entrance, which will accommodate snow
plowing. According to the Public Works Design Manual, the street grade may not exceed
2% for the first 100’ approaching an intersection. This cul-de-sac does not meet this
requirement.
The plan also calls for two driveway accesses providing access to Lots 9 and 10, and to
Lots 13-19. These drives are 20’ wide, which is consistent with the Fire Code. However,
a turnaround, other than the visitor parking spaces, must be provided for emergency
vehicles.
Finally, as noted above, this plan does not propose any improvement to the existing
streets.
Parking: The proposal provides at least 2 spaces per dwelling unit, which is consistent
with the Zoning Ordinance requirements. The plan also provides 9 guest parking stalls
located off the driveways. The grade of the cul-de-sac will allow some on-street parking.
Sidewalks/Trails: There are no sidewalks or trails proposed as part of this development.
Parks: There are no parks identified within this site. The size of the site, as well as the
topography and wetlands, do not provide for parkland meeting the City’s needs. Parkland
dedication requirements for this site will be satisfied by a cash dedication in lieu of land.
The amount of cash dedication is based on 10% of the gross acreage (13.82 acres)
multiplied by $13,000 per acre. The total dedication is approximately $17,966.
Sanitary Sewer and Water Main: Sanitary sewer and water main will be extended
from the existing utilities in Conroy Street. The proposed lines will be located within
utility easements, the common drives and within the Wild Oaks Terrace right-of-way.
Storm Sewer: The plan proposes one NURP pond, located at the southwest corner of
this site, just south and west of Lot 16. Storm sewer and catch basins located in Wild
Oaks Terrace and in the driveway will direct the runoff to this NURP Pond.
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Landscaping/Tree Replacement: The developer has submitted a landscaping plan
which identifies a total of 96 new trees on the site. These trees will be located along the
perimeter of the site, and along the front of the units and Wild Oaks Terrace. The
ordinance requires a minimum of 78 trees, based on one tree for each 40’ of the 3,106’ of
perimeter. While the number of trees meets the Zoning Ordinance requirements, the
calculation of the site perimeter is not consistent with the site survey. This calculation
must be corrected to show the proper numbers. In addition, an irrigation plan for this site
is required.
As noted above, the applicant has also submitted a tree inventory. This inventory, and the
calculations identifying what will be removed, identify the need for replacement of 151
caliper inches. These replacement trees must also be shown on the landscaping plan.
ANALYSIS:
Preliminary Plat: In general, the proposed preliminary plat meets the standards of the
Subdivision Ordinance and Zoning Ordinance. 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%) 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. In order to compare the
impact of this development versus a single family development on the steep slopes, the
developer has submitted a concept plan identifying 15 single family lots. While staff has
not done a complete analysis of this type of development, it does appear the lots meet the
minimum lot area and width requirements. Based on this drawing, and assuming a
similar placement of utilities, development of this site with single family lots does not
significantly reduce the impact on the steep slopes.
There has also been some discussion on whether the steep slopes adjacent to the small
wetland on the southeast corner of the site are a bluff under the definition in the
Shoreland Ordinance. The staff has determined that this does not meet the definition
since it does not drain to Prior Lake. This interpretation is consistent with interpretations
involving similar situations such as the Glynwater development. In his letter dated April
19, 1999, Pat Lynch, Area Hydrologist for the DNR, has noted he will not challenge this
interpretation since the language is open to interpretation.
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 CUP must be reviewed in accordance with
the criteria found in Section 7.5(C) of the Zoning Ordinance (5-6-5 C of the City Code).
Section 7.5(C) provides that a conditional use shall be approved if it is found to meet
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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.
Townhouses are permitted as a conditional use in the R-1 district, with a density up to
3.5 units per acre. The proposed use is consistent with the conditional use provisions
for the R-1 zoning district and conforms to all general regulations of the Zoning
Ordinance (upon satisfaction of conditions).
2. The proposed use shall not involve any element or cause any conditions that may
be dangerous, injurious, or noxious to any other property or persons, shall
comply with the performance standards listed below.
The proposed development is designed to provide safe access to adjacent roads, and is
screened from adjacent properties.
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 trees will be required as part of a tree replacement plan, so
more screening will be provided on this site.
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 not dissimilar to the prevailing
architecture in the area. The townhouses are also oriented away from the existing
single family dwellings, and there is screening provided between the two dwelling
types.
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, the plan
provides for some additional guest parking spaces. In addition, the access to the site
has been moved closer to CSAH 42, which will minimize the amount of traffic on
adjacent streets.
6. The proposed use shall preserve the objectives of this Ordinance and shall be
consistent with the Comprehensive Plan.
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The proposed plan is consistent with the Comprehensive Plan designation and the
provisions of the R-1 district.
The performance standards are set forth in Section 7.5(D) and relate to the following
factors;
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.
Conditional uses in the Shoreland District must also be evaluated based on the criteria
outlined in Section 9.7 A of the Zoning Ordinance (5-8-7 A of the City Code). These
criteria and the staff analysis of compliance with these criteria are set forth below.
1. The prevention of soil erosion or other possible pollution of public waters, both
during and after construction.
The City requires a grading and erosion control plan prior to any construction on the
site. This plan will require heavy duty silt fences and other means to prevent erosion
into the existing wetlands. In addition, the proposed stormwater retention pond will
prevent untreated runoff from this development from flowing into the wetland.
2. The visibility of structures and other facilities as viewed from public waters is
limited.
The structures proposed on this site are oriented away from Prior Lake. There is also
landscaping proposed to provide additional screening.
3. The site is adequate for water supply and on-site sewage treatment.
The site will be served by public sewer and water systems.
4. The types, uses and numbers of watercraft that the project will generate are
compatible in relation to the suitability of public waters to safely accommodate
these watercraft.
This site does not have direct access to the public water, and no docks or other water
oriented uses are proposed.
PLANNING COMMISSION RECOMMENDATION:
• Fire protection • Electrical disturbance
• Noise • Vibrations
• Odors • Air pollution
• Glare • Erosion
• Water pollution.
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At this time, the Planning Commission should make a recommendation on the proposed
Preliminary Plat and Conditional Use Permit.
If the Preliminary Plat is to proceed, it should be subject to the following conditions:
1. Revise the plat to show all necessary easements over all public utilities not located
within the dedicated right-of-way. The easements must be at least 15’ wide, or
twice the depth of the utility pipe, whichever is greater.
2. The grade of Wild Oaks Terrace must be revised so that it does not exceed 2% for
the first 100’ approaching the intersection with Greenway Avenue.
3. Provide turnarounds for emergency vehicles on the common driveways, separate
from the guest parking areas. These driveways must be at least 20’ wide, and must
be drawn, to scale, on the plans.
4. Provide the following information on the Engineering Plans at the final plat stage:
a) The City Project number (98-35) must be shown on all plan sheets.
b) The slopes on the water quality pond are too steep and must conform with the
Public Works Design Manual which requires 6:1 slopes below the 10 year HWL
and 4:1 or flatter above the 10 year HWL.
c) Add a note in the profile calling out a minimum depth of 8 feet for the
watermain.
d) The water main which provides service to the four units adjacent to “Street A”
must be 6” DIP, not a 1-1/2” copper service.
e) The clean out at the end of the sanitary sewer at “Street A” must be a standard
manhole. All sanitary sewer pipe is to be 8” .
f) Submit a soils report and pavement design with the final plat submittal.
g) Detailed plans for the retaining walls will be required. Walls higher than 4 feet
are to be designed by a registered engineer and will require a building permit.
h) All silt fence is to be heavy duty.
i) Provide a swale between units 5 and 6.
5. Revised storm sewer calculations must be provided. A complete review of the storm
sewer will not be completed until calculations are submitted. The storm water
routing calculations are to be run with 0.0 acre-foot storage at starting elevations.
6. Provide a new wetland delineation for the small wetland (pond 100) as well as
sequencing for the mitigation.
7. Any grading or utility work within the County right -of-way will require a permit
prior to construction. Evidence of this permit must be submitted to the City prior to
final plat approval.
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8. Necessary permits from any other agency, such as the watershed district, must be
obtained and submitted to the City prior to final plat approval.
If the Conditional Use Permit is approved it should be subject to the following
conditions:
1. Revise the landscaping plan to include an irrigation system and the necessary
replacement trees (a minimum of 151 caliper inches). Staff suggests the additional
landscaping be placed, where possible, along Greenway Avenue and Conroy Street
to provide additional screening from the singe family residences.
2. Revise the plan sheets to include the correct calculations for impervious surface,
landscaping perimeter, and tree replacement requirements.
3. A letter of credit for the landscaping and tree replacement must be submitted prior
to approval of the final plat documents.
4. The homeowner’s association documents must be recorded with the final plat
documents.
5. A new set of plans, showing all of the revisions, must be submitted prior to final
approval of the conditional use permit.
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 Alternative 1.
ACTION REQUIRED:
Since this request includes two separate applications, separate motions are required for
each application. These include;
1. A motion and second to recommend approval of the Preliminary Plat to be known as
Wild Oaks, subject to the conditions listed in this report.
2. A motion and second to recommend approval of the Conditional Use Permit, subject
to the conditions listed in this staff report.
EXHIBITS:
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1. Location Map
2. Zoning Map
3. Flood Plain Map
4. Reduced Copy of Conditional Use Permit and Preliminary Plat Plans
5. Developer’s Narrative (6 pages)
6. Developer’s Conceptual Plans for Single Family Development
7. Engineering Comments
8. DNR Comments
9. Finance Director Comments
10. Scott County Highway Department Comments
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CITY COUNCIL AGENDA REPORT
MEETING DATE: MAY 17, 1999
AGENDA #: 9 B
PREPARED BY: JANE KANSIER, PLANNING COORDINATOR
REVIEWED BY: DON RYE, PLANNING DIRECTOR
AGENDA ITEM: CONSIDER APPROVAL OF RESOLUTION 99-XX
APPROVING THE CONDITIONAL USE PERMIT FOR 21
TOWNHOUSE UNITS AND RESOLUTION 99-XX
APPROVING THE PRELIMINARY PLAT FOR “WILD OAKS”
DISCUSSION: History: In 1995, RCS Associates filed applications for a Zone
Change, a Schematic and Preliminary Planned Unit Development and
a Preliminary Plat for a townhouse development on this property. The
original proposal included 23 units with private streets. This proposal
was ultimately revised to 20 townhouse units with private streets. On
January 16, 1996, 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 Ordinance in that
the same proposal, with the exception of the private streets, could be
accomplished through the Conditional Use Permit Process.
Prior Lake Oaks, LLC, the current developer, filed an application for a
conditional use permit and a preliminary plat in January, 1999. This
proposal differed from the original proposal in the number of units, 21
instead of 20, and in the use of a public street for access to the units.
On February 8, 1999, the Planning Commission tabled action on this
request to allow the developer the opportunity to revise the plans and
address several issues raised by staff and at the public hearing. The
developer originally intended to submit revised plans in March, 1999;
however, he did not meet the deadline. The developer has signed a
document waiving the 120 day deadline for City action because he did
not file the needed materials within the deadline.
Revised plans for this development were submitted on April 2, 1999.
While the number of units has remained the same at 21, the revised
plan is significantly different from the previous plan in that the access
has been relocated to Greenway Avenue rather than Conroy Street.
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Current Circumstances: Since this application was submitted before
the new zoning code was adopted, the review of the application is
based on the previous zoning ordinance.
The property is zoned R-1. On the previous zoning map, the property
was zoned both R-1 and C-1 (Conservation), The C-1 district covered
the wetland located along the western portion of the site; however, the
C-1 district was eliminated in the new zoning code. The elimination of
the C-1 district has no effect on this development, since no
construction or grading is occurring in that area, nor does it affect the
density of the development.
This property is also located in the Shoreland District. Since the
property is not riparian, the major issue is impervious surface.
According to the plans, 14.9% of the site is impervious surface, which
is within the maximum 30% impervious surface allowed.
The western portion of the site is also located within the 100-year
Flood Plain District. In this case, the lowest floor elevation of the
structures must be at least 909.9’ MSL, and access to the site must be
at least 907.9’ MSL. This development meets those criteria.
The proposed townhouse development consists of 21 units on 9.5
buildable acres, for a density of 2.2 units per acre, and 13% lot
coverage. The R-1 district permits townhouse developments as a
conditional use, with a maximum density of 3.5 units per acre, and a
maximum 18 % lot coverage. The proposed development is consistent
with these requirements. The proposed setbacks are also consistent
with the conventional setbacks for the R-1 district. These are a 25’
front yard setback, a 25’ rear yard setback, and 20’ separation between
buildings.
The proposed plan consists of 2- and 3-unit buildings. There are six 2-
unit buildings, and three 3-unit buildings. The 2-unit buildings are
rambler style structures with walkout foundations and the 3-unit
buildings are 11/2 story structures with lookout foundations. All of the
units have attached double garages and pitched roofs. Exterior
materials include brick and stucco on the front and vinyl siding on the
side and rear of the buildings. Each of the units will contain
approximately 1,400 square feet of finished floor area on the main
level.
The preliminary plat consists of 21 “envelope” lots for the individual
townhouses and one lot for the common area.
This plan proposes one new public street. Wild Oaks Terrace is a 400’
long cul-de-sac extending from Greenway Avenue west into this site.
The plan also calls for two 20’ wide driveways providing access to
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Lots 9 and 10, and to Lots 13-19. These driveways meet Fire Code
requirements, but must also provide a turnaround for maintenance
vehicles.
Sanitary sewer and water service will be extended to this site from the
existing mains located in Conroy Street. Storm sewer and NURP
ponds will also be provided to handle the drainage on the site.
The developer has submitted both a tree inventory and preservation
plan and a landscaping plan. The tree preservation plan identifies the
need to replace 151 caliper inches on the site. The landscaping plan
identifies the required perimeter and lot landscaping. The landscaping
plan must be revised to identify the required replacement trees.
The Planning Commission considered these applications at a public
hearing on April 26, 1999. A copy of the draft minutes of the meeting
is attached to this report.
The Issues: There was considerable testimony at the public hearing in
opposition to this development. The primary concerns raised included
the steep slopes on the site, the tree preservation plan, the condition of
Conroy Street, and the development of the site for townhouses rather
than single family homes. Each of these issues is discussed below.
1. This site 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. There has also been considerable discussion
about whether or not these slopes constitute a bluff under the
definition in the Shoreland Ordinance. The staff has determined
that this does not meet the definition since it does not drain to Prior
Lake. This interpretation is consistent with interpretations
involving similar situations such as the Glynwater development. In
his letter dated April 19, 1999, Pat Lynch, Area Hydrologist for the
DNR, has noted he will not challenge this interpretation since the
language is open to interpretation.
Section 6-6-6 E of the Subdivision Ordinance states “whenever
possible, slopes of twenty percent (20%) or greater should not be
disturbed and should be retained as private or public open space.”
In order to compare the impact of this development versus a single
family development on the steep slopes, the developer submitted a
concept plan identifying 15 single family lots. While staff has not
done a complete analysis of this type of development, it does
appear the lots meet the minimum lot area and width requirements.
Based on this drawing, and assuming a similar placement of
utilities, development of this site with single family lots does not
significantly reduce the impact on the steep slopes.
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The Planning Commission reviewed the impact on the steep slopes
on this site. The Planning Commission determined this
development would have no greater impact on the steep slopes than
a single family development.
2. This site contains several large oak trees. As part of this
development, several large trees will be removed. The tree
preservation plan submitted indicates the need for the replacement
of 151 caliper inches of trees. These trees must be identified on the
landscaping plan. There is also some concern about the remaining
trees on the site. The ordinance does require the developer to
submit a letter of credit guaranteeing the tree replacement. The
City also reviews all grading plans, which will identify the
protection of the remaining trees.
3. As it presently exists, Conroy Street is a gravel road with no curb
and gutter. In the original plan, the developer would have been
required to improve Conroy Street. There was also some
discussion about providing a cul-de-sac at the west end of the
street. Since this proposal does not directly access Conroy Street,
the City cannot require the developer to make improvements to
Conroy Street. The Planning Commission recommended the City
Council review the improvement of Conroy Street as part of the
Capital Improvement Program. The adequacy of the culvert
located at Conroy Street on the west boundary of this plat will be
reviewed as part of the drainage plan. If necessary, improvements
will be made to this culvert.
4. Testimony at the public hearing stated a previous developer had
indicated an intention to plat this site with six single family lots.
However, that plat was never filed. The current applicant has
submitted a concept plan identifying 15 single family lots. As
noted above, development of the site for single family dwellings
does not appear to minimize the impact of development on the site.
Townhomes are permitted in the R-1 district with a conditional use
permit.
Conclusion: The Planning Commission concluded the proposal met
the requirements for a conditional use permit and preliminary plat.
The Planning Commission recommended approval of the preliminary
plat subject to the following conditions:
1. Revise the plat to show all necessary easements over all public
utilities not located within the dedicated right-of-way. The
easements must be at least 15’ wide, or twice the depth of the
utility pipe, whichever is greater.
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2. The grade of Wild Oaks Terrace must be revised so that it does not
exceed 2% for the first 100’ approaching the intersection with
Greenway Avenue.
3. Provide turnarounds for emergency and maintenance vehicles on
the common driveways, separate from the guest parking areas.
These driveways must be at least 20’ wide, and must be drawn, to
scale, on the plans.
4. Provide the following information on the Engineering Plans at the
final plat stage:
a) The City Project number (98-35) must be shown on all plan
sheets.
b) The slopes on the water quality pond are too steep and must
conform with the Public Works Design Manual which requires
6:1 slopes below the 10 year HWL and 4:1 or flatter above the
10 year HWL.
c) Add a note in the profile calling out a minimum depth of 8 feet
for the watermain.
d) The water main which provides service to the four units
adjacent to “Street A” must be 6” DIP, not a 1-1/2” copper
service.
e) The clean out at the end of the sanitary sewer at “Street A”
must be a standard manhole. All sanitary sewer pipe is to be
8” .
f) Submit a soils report and pavement design with the final plat
submittal.
g) Detailed plans for the retaining walls will be required. Walls
higher than 4 feet are to be designed by a registered engineer
and will require a building permit.
h) All silt fence is to be heavy duty.
i) Provide a swale between units 5 and 6.
5. Revised storm sewer calculations must be provided. A complete
review of the storm sewer will not be completed until calculations
are submitted. The storm water routing calculations are to be run
with 0.0 acre-foot storage at starting elevations.
6. Provide a new wetland delineation for the small wetland (pond
100) as well as sequencing for the mitigation.
7. Any grading or utility work within the County right-of-way will
require a permit prior to construction. Evidence of this permit
must be submitted to the City prior to final plat approval.
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8. Necessary permits from any other agency, such as the watershed
district, must be obtained and submitted to the City prior to final
plat approval.
The Planning Commission also addressed the criteria for a conditional
use, found in Section 5-6-5C of the City Code, as follows:
1. The proposed use conforms to the district permitted and
conditional use provisions and all general regulations of this
Ordinance.
Townhouses are permitted as a conditional use in the R-1 district,
with a density up to 3.5 units per acre. The proposed use is
consistent with the conditional use provisions for the R-1 zoning
district and conforms to all general regulations of the Zoning
Ordinance (upon satisfaction of conditions).
2. The proposed use shall not involve any element or cause any
conditions that may be dangerous, injurious, or noxious to any
other property or persons, shall comply with the performance
standards listed below.
The proposed development is designed to provide safe access to
adjacent roads, and is screened from adjacent properties.
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 trees will be required as
part of a tree replacement plan, so more screening will be provided
on this site.
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 not dissimilar to the
prevailing architecture in the area. The townhouses are also
oriented away from the existing single family dwellings, and there
is screening provided between the two dwelling types.
5. The proposed use shall organize vehicular access and parking
to minimize traffic congestion within the neighborhood.
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The plan provides at least 2 parking spaces for each unit. In
addition, the plan provides for some additional guest parking
spaces. In addition, the access to the site has been moved closer to
CSAH 42, which will minimize the amount of traffic on adjacent
streets.
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-1 district.
The performance standards are set forth in Section 7.5(D) and
relate to the following factors;
Fire Protection Electrical Disturbance
Noise Vibrations
Odors Air Pollution
Glare Water Pollution
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.
Conditional uses in the Shoreland District must also be evaluated
based on the criteria outlined in Section 9.7 A of the Zoning
Ordinance (5-8-7 A of the City Code). These criteria and the staff
analysis of compliance with these criteria are set forth below.
1. The prevention of soil erosion or other possible pollution of
public waters, both during and after construction.
The City requires a grading and erosion control plan prior to any
construction on the site. This plan will require heavy duty silt
fences and other means to prevent erosion into the existing
wetlands. In addition, the proposed stormwater retention pond will
prevent untreated runoff from this development from flowing into
the wetland.
2. The visibility of structures and other facilities as viewed from
public waters is limited.
The structures proposed on this site are oriented away from Prior
Lake. There is also landscaping proposed to provide additional
screening.
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3. The site is adequate for water supply and on-site sewage
treatment.
The site will be served by public sewer and water systems.
4. The types, uses and numbers of watercraft that the project will
generate are compatible in relation to the suitability of public
waters to safely accommodate these watercraft.
This site does not have direct access to the public water, and no
docks or other water oriented uses are proposed.
The Planning Commission also recommended approval of the
conditional use permit, subject to the following conditions:
1. Revise the landscaping plan to include an irrigation system and the
necessary replacement trees (a minimum of 151 caliper inches).
Staff suggests the additional landscaping be placed, where
possible, along Greenway Avenue and Conroy Street to provide
additional screening from the singe family residences.
2. Revise the plan sheets to include the correct calculations for
impervious surface, landscaping perimeter, and tree replacement
requirements.
3. A letter of credit for the landscaping and tree replacement must be
submitted prior to approval of the final plat documents.
4. The homeowner’s association documents must be recorded with
the final plat documents.
5. A new set of plans, showing all of the revisions, must be submitted
prior to final approval of the conditional use permit.
FISCAL IMPACT: Budget Impact: The construction of new dwellings will provide
additional tax base to the City. The future improvement of Conroy
Street would be done as a public improvement project under Section
429 of the Minnesota Statutes. Under current City policy, 100 % of
the cost of the improvement of a gravel road is assessed to the
benefiting property owners.
ALTERNATIVES: The City Council has three alternatives:
1. Adopt Resolution 99-XX approving the Preliminary Plat for this
development subject to the listed conditions, and adopt Resolution
#99-XX, approving the Conditional Use Permit for Wild Oaks
subject to the listed conditions, with the finding that the preliminary
plat is consistent with the intent and purpose of the Comprehensive
Plan and the Zoning and Subdivision Ordinances.
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2. Deny the Preliminary Plat and Conditional Use Permit on the basis
they are inconsistent with the purpose and intent of the Zoning and
Subdivision Ordinances and/or the Comprehensive Plan. In this
case, the Council should direct the staff to prepare a resolution with
findings of fact for the denial of these requests.
3. Defer consideration of this item for specific reasons.
RECOMMENDED
MOTION: Staff recommends alternative #1. Since there are two separate items,
two motions are required.
1. A motion and second to approve Resolution 99-XX, approving the
Preliminary Plat to be known as Wild Oaks, subject to the listed
conditions.
2. A motion and second to approve Resolution 99-XX approving the
Conditional Use Permit, subject to the listed conditions.
REVIEWED BY:
Frank Boyles, City Manager
From: Anthony Persaud
Date: September 21, 2018 at 8:23:14 PM CDT
To: FBoyles@cityofpriorlake.com
Subject: Special Assessment/ Public Improvement/ Project# STR 18-000001/ 2018 Street overlay
Project
Good afternoon My Boyle,
In regards to this project, let me be very clear, The city of Prior lake has the authority to assess special
assessments, when it becomes necessary.
Replacing sections of the curb, that is not visibly in need of replacement, is not a necessity. I am writing
to you,as you are the City Manager and this was done on our property at 14091 Hidden View road NE
Prior Lake, this summer.
If the City of Prior Lake decided that this project was necessary,then the cost of this project should have
been paid for from the coffers of the City of prior Lake , and not by an already overtaxed tax-base.
The residents did not vote on this issue and therefore did not have a choice in determining the fate of
this project., therefore as I pointed out before,the cost should not be passed on to residents like .This
feels like an abuse of power, by the City.
Thank you.
Keu.;*e-&-
10-8-2018
Prior Loke City Council
Joson Wedel, Public Works Director
RE: $1200 Assessment
Wesledge Estotes Associotion is locoted ot 170th ST SW &
SIMPKINS DR SW. There are 10 Buildings consisting of 40
Townhomes (4 per building). Our roods ore privote ond costly for our
residents to mointoin.
Tnreferenceto the $1200 ossessment opplied to eoch resident for
lhelOtB street overloy project, this ossessment includes privote
property f or the fjqlllme ond if thot's the cose, we f eel thot it is
unfoir for us of Westedge Estotes to be ossessed the same os o single
fomily home. We renlize thot we hove occess to ond use the city
streets odjoining. However , os privote Property we hove the expense
of mointoining our roods i.e. crock filling, seol cooting, curbing, and
sidewolks.
We f eel thot this ossessment to Wesledge Estotes Townhomes should
be $120O per buildino ond not the some os o single fomily home. This
is o double cost to us hoving to mointoin our roods ond poy this
ossessment. We osk thot you would pleose reconsider the omount of
the ossessment to our complex.
Thonk you in odvonce.
Sincerely
to/zotry16
The Residents of Westedge Estotes Townhome Associotion
lo