HomeMy WebLinkAbout8D - Red Oaks 2nd Addition PP
STAFF AGENDA REPORT
AGENDA #:
PREPARED BY:
SUBJECT:
DATE:
8D
JANE KANSIER, PLANNING COORDINATOR;
CONSIDER APPROVAL OF RESOLUTION 98-XX
APPROVING THE PRELIMINARY PLAT FOR "RED
OAKS SECOND ADDITION"
JANUARY 5, 1998
INTRODUCTION:
The purpose of this agenda item is to consider approval of
Resolution #98-XX approving the preliminary plat for Red
Oaks Second Addition. This site is located along the west
side of Breezy Point Road, about 1/4 mile north of
Rutledge Street, and directly south of Prior Lake.
The preliminary plat consists of 2.42 acres to be
subdivided into 3 lots for single family dwellings. One of
the lots, Lot 2, is the site of an existing dwelling, so the
proposed plat would allow two new dwelling units on this
property. The gross density of 1.24 units per acre is
consistent with the maximum density of 3.5 units per acre
permitted in the R-1 district.
The minimum lot area for this site is 15,000 square feet
with 90' of frontage at the front building line and 75' of
frontage at the Ordinary High Water Elevation. Lots 2 and
3 meet these requirements. Lot 1 did not meet the
minimum frontage requirements; however, the plat has
since been revised to meet this criteria.
BACKGROUND:
A preliminary plat for this site was originally proposed in
1992. That proposal included three lots accessed via a
private cul-de-sac off of Breezy Point Road. The City
Council denied this plat in on May 4, 1992, primarily due to
the number of variances required. At the time, the
applicant was requesting variances to the lakeshore
setback, lot width, the width of a road and the requirement
that the road be dedicated as a public street. Several of
the variances were due to the fact that the DNR had
determined the pond area to be a part of the lake bed.
In 1993, the applicant resubmitted his proposal. Once
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16200 Eagle Creek Ave. S.E.. Prior Lake. Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
again, numerous variances were required. The City
Council originally approved the preliminary plat, subject to
the condition that the applicant obtain the necessary
variances and that the DNR make a determination as to
whether the pond area is a part of the lake bed. The
Council subsequently adopted Resolution 94-09 on
February 7, 1994, denying the preliminary plat. Once
again, the issue was due to the determination that the
pond area was a part of the lake bed, and thus created the
need for several variances.
This proposal is different from the previous proposals in
several respects. First of all, the proposal does not
include a private road. The plat provides frontage for all
three lots on Breezy Point Road, although Lots 2 and 3 do
share a driveway. Secondly, all of the lots meet the
minimum lot area requirements. Finally, there are no
setback variances. The DNR has determined the pond is
not a part of the lake bed for regulatory purposes.
Therefore, the lakeshore setbacks do not apply. In
addition, in 1997, the Council reduced the required
lakeshore setback from 75' to 50' from the OHW elevation.
This also eliminated the need for several variances.
DISCUSSION:
The Planning Commission held a public hearing to review
this preliminary plat on December 8, 1997. Attached to
this report is a copy of the Planning staff report and
minutes of the Planning Commission meeting.
Plannina Commission Recommendation: The Planning
Commission recommended approval of this preliminary
plat, subject to the following conditions:
1. Lot 1 should be eliminated, or the preliminary plat
redesigned to meet all Zoning and Subdivision
Ordinance requirements.
2. A revised landscaping plan showing the changes
outlined in this report must be submitted. If Lot 1 is
eliminated, the landscaping plan will meet the
requirements.
3. The issues outlined in the memos from the
Engineering staff, dated November 14, 1997, and
November 18, 1997, must be addressed in the final
plat.
Staff Recommendation: The staff also recommended
approval of this request subject to the same conditions.
ISSUES:
The outstanding issue in this preliminary plat was the lot
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Page 2
ALTERNATIVES:
RECOMMENDATION:
ACTION REQUIRED:
width at the front building line for Lot 1. The original
proposal did not have the proper lot width above the
Ordinary High Water Elevation. The plat has since been
revised to meet this requirement. Another issue was that
of the setback from the wetland on the site for the building
envelope on Lot 1. Once again, the plat and the grading
plan have been revised to create a building envelope
which meets the necessary setbacks. The landscaping
plan has also been revised to meet the necessary
requirements.
The final issue has to do with the changes required by the
Engineering Department. These are relatively minor
changes which can be dealt with in the final construction
plans.
1. Adopt Resolution #98-XX, approving the preliminary
plat of Red Oaks Second Addition 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.
2. Defer consideration of this item for specific reasons.
3. Find the preliminary plat inconsistent with the purpose
and intent of the Zoning and Subdivision Ordinances
and/or the Comprehensive Plan and deny the request.
The plat itself appears to be adequate and appropriate for
the development of the site with public sanitary sewer and
water extended to the site and on that basis, staff
recommends Alternative #1.
Motion and second to adopt Resolution 98-XX
approvln g the\ reIi "'... inary plat subject to the listed
conditions. f
(~V)/ ..~
Reviewed V'IOBOYles. City Manager
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Page 3
RESOLUTION 98-XX
RESOLUTION OF THE PRIOR LAKE Lll Y COUNCIL APPROVING LtI.,E
PRELIMINARY PLAT OF "RED OAKS SECOND ADDITION" SUBJECT TO Ltlli
CONDITIONS OUTLINED HEREIN.
MOTION BY:
SECOND BY:
WHEREAS: the Prior Lake Planning Commission conducted a public hearing on December
8, 1997, to consider an application from Michael Benedict for the preliminary
plat of Red Oaks Second Addition; and
WHEREAS: notice of the public hearing on said preliminary plat has been duly published
and posted in accordance with the applicable Minnesota Statutes and Prior
Lake Ordinances; and
WHEREAS: all persons interested in this issue were afforded the opportunity to present their
views and objections related to the preliminary plat of Red Oaks Second
Addition for the record at the Planning Commission hearing; and
WHEREAS: the Planning Commission and City Council have reviewed the preliminary plat
according to the applicable provisions of the Prior Lake Zoning and
Subdivision Ordinances and found said preliminary plat to be consistent with
the provisions of said ordinances; and
WHEREAS the Prior Lake City Council considered an application for preliminary plat
approval of Red Oaks Second Addition on January 5, 1998; and
WHEREAS: the City Council finds the preliminary plat of Red Oaks Second Addition to be
consistent with the 2010 Comprehensive Plan.
NOW,l.l1.EREFORE, BE IT HEREBY RESOLVED BY 1.l1.E CITY COUNCIL OF 1.l1.E
CITY OF PRIOR LAKE, MINNESOTA, that it hereby approves the preliminary plat of Red
Oaks Second Addition subject to the following conditions:
1. Lot 1 should be eliminated, or the preliminary plat redesigned to meet all Zoning and
Subdivision Ordinance requirements.
2. A revised landscaping plan showing the changes outlined in this report must be submitted.
If Lot 1 is eliminated, the landscaping plan will meet the requirements.
3. The issues outlined in the memos from the Engineering staff, dated November 14, 1997,
and November 18,1997, must be addressed in the final plat.
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16200 Eagle Creek Ave. S.E.. Prior Lake. Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQCAL OPPORTL':"HTY EMPLOYER
Passed and adopted this 5th day of January, 1998.
Mader
Kedrowski
Petersen
Schenck
Vacant
{Seal}
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YES
Mader
Kedrowski
Petersen
Schenck
Vacant
City Manager
City of Prior Lake
NO
Page 2
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Cramer- If C~ and public street, would it change your proposal?
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Kuykendall- Motion to recommend denial of the schematic PUD as presented and suggest
the developer revisit the-PUD as presented or approach the CUP plan as proposed.
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2nd by V onhof.
Discussion:
Criego- To save slopes,\<;\- PUD is the proper procedure. Developer needs to be diligent
to save more slopes. Coui,~ be more difficult to get the number of units without PUD.
Kansier- This goes forwardto Council.
Criego- Is developer willing t~, table?
Terry Wensmann- Wants a decIsion tonight.
this is the best use of the land. \
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They have reviewed the alternatives, and
5 Ayes, 0 Nays.
- Kansier- This item will be at City Co cil on January 5th.
Herb Wensmann-:- Only issue is 8 foot
/
Kansier- DOpSn't meet requirements ofP D. Concept is acceptable.
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B. Case #97-114 Consider approval of a preliminary plat to be known as Red Oaks
Second Addition, for the construction of 3 single family dwellings located on a 2.42 acre
site along the west side of Breezy Point Road.
Planning Coordinator Jane Kansier presented the Staff Report dated December 8, 1998.
The purpose of this public hearing is to consider an application for a preliminary plat for the 2.42
acre site located directly west of Breezy Point Road, south of Prior Lake, and north of Rutledge
Street. The preliminary plat is to be known as "Red Oaks Second Addition". The applicant is
Michael S. Benedict, 15380 Breezy Point Road, Prior Lake. There is a single family home
located on this property.
The site is fairly level, and contains a 0.23 acre wetland. The channel between the wetland and
the lake bed was artificially created, and is considered part of the wetland rather than the lake.
The property is zoned R-l SD (Suburban Residential Shore land District). The 2010
Comprehensive Plan identifies this property as R-UvlD (Urban Low to Medium Density
Residential) .
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The proposed plat consists of 2.42 acres to be subdivided into 3 lots for single family dwellings,
for a total density of 1.24 units per acre. This density is well below the maximum permitted
density of 3.5 units per acre.
All of the proposed lots ar.e riparian lots. The minimum lot size for riparian lots in the R-1 SD
district is 15,000 square feet, with 90' of frontage at the front building line, and 75' of width at
the Ordinary High Water Elevation (OHW). Overhead indicating building envelopes and lot.
Lots range in size from 17,583 to 28,00 Square feet. All the lots meet minimum OHW width.
Lots 2 and 3 have over 90 feet of lot width above the OHW at the front yard setback. Lot 1 does
not.
Sewer and water are available. The wetland was originally thought to be part of Prior Lake,
however, the DNR has declared it a wetland. The three Preservation ordinance applies. 33% of
Significant caliper inches to be removed for houses. 25% maximum is allowed. A replanting
plan has been submitted. Subdivision ordinance requires two front yard trees per lot. Cash
dedication $3,000+ for park dedication is required. Properties have paid for assessments. Storm
water management and collector street fees are required. History of property was given. The
developer submitted preliminary plat applications in 1992 & 1993. These applications were
denied because of the number of variances requested. The difference between those plats and
this is all 3 lots have frontage on a public road, the lots meet minimum lot area, no setback
variances are required.
Issues:
Lot width of Lot 1 is less than 90 feet. Building pads must be 30' from 100 year flood elevation
of wetlands. Plan shows setback from delineated wetland, not 100 year flood elevation. There is
no building pad on Lot 1 as proposed. Staff suggest of Lot 1 be eliminated or revised to meet
requirements. Condition of approval: Lot 1 be eliminated, revised landscaping plan as
submitted. If lot 1 is eliminated, then landscape plan is acceptable. Engineering comments be
incorporated into the resolution as written in staff memo.
Staff recommends approval of the preliminary plat, subject to the following conditions:
1. Lot 1 should be eliminated, or the preliminary plat redesigned to meet all zoning &
subdivision requirements.
2. A revised landscaping plan showing the changes outlined in this report must be submitted. If
Lot 1 is eliminated, the landscaping plan will meet the requirements.
3. The issues outlined in the memos from the Engineering Staff dated 11/14/97 & 11/18/97,
must be addresed in the final plat.
Commissioner Criego asked if the elimination of Lot 1 required a replat?
Kansier- Just incorporate lot 1 into lot 2. Existing house dictates lot line.
Public:
Bryce Huemoeller appeared on behalf of Mike Benedict. The 3 deficiencies can be
correct and can be handled by conditions of approval. Proposed plat as drafted, with
minor correction will meet lot area and setbacks. Except setback from 100 year flood
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elevation of wetland. One can fill to meet requirement of setback. Building pad can be
filled and a retaining wall used to meet the requirement. Lack of frontage is a product of
oversight. Mike Benedict owns part of Breezy Point Road. If property was extended
and modified, it can meet that requirement. The tree issue can be compilied with. He
also commented in the final plat. The grading plan has been approved by the watershed
district. City has issued exemption for wetland fill for culverts. No variance are
necessary. Lot sizes exceed minimum requirements. Breezy Point area consists of
substandard lots. This exceeds the lots in the area. Request plat be approved subject to
revised grading plan to correct the wetland setback, the lot width, and tree planting.
Public Hearing closed.
Discussion:
Kuykendall- Statf and developer should be commended. Excellent presentation. Position
of developer seems to be solution to the problem. Filling seems reasonable. Frontage
issue appears to be addressed by filling.
Kansier- It is possible to fill in the wetland area. The Developer will need a permit and a
mitigation plan approved.
Kuykendall- Go north or south. There are alternatives. Supports approval subject to the
3 conditions being met.
Criego- Staff comment to 90' frontage? Can this be done?
Kansier- The developer can revise plat boundaries to potentially meet the requirements.
We would need to see the plan. Recommend the Commissioner approve the preliminary
plat with conditions.
Crarner- Attempts to resolve the issues are fair. Kuykendall suggestion to meet the
requirements be incorporated. If the plat is approved does 50' setback apply?
Kansier- Plat reviewed based on current OHW setback. We can't change the OHW
setback rules for a year. They are grandfathered in for 1 year at 50' OHW setback.
Cramer- Supports plat. Issues can be addressed.
V onhof- Supports plat with 3 provisions. This plat includes no variance. Exception to
past plats.
Stamson- Supports staff recommendation that Lot 1 meet current ordinances.
Motion V onhof- Recommend approval of Red Oaks 2nd Addition subject to the 3
conditions listed in the staff report.
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2nd- Kuykendall.
5 Ayes, 0 Nays.
Kansier- This item will be considered by the Council on January 5.
C. Cases #97-107 and 97-108 Consider a proposed amendment to the City of Prior
Lake Year 2010 Comprehensive Plan and a Zone Change Request for the property located
at 4520 Tower Street.
Planning Coordinator Jane Kansier presented the staff report dated December 8, 1997.
The applicant is Stonewood Development Corp.& the owner is Neal Boderman. The
Comprehensive Plan shows this site as community retail. The applicant is requesting R-
HD (High Density Residential). Current zoning is B-3, applicant proposes R-3. Future
development will be multi-family 3 story apartment. Number of units is unknown. Multi
-family is permitted in the R-3 zoning district. Staff has no specific site plan. Analysis is
based on Comprehensive Plan.
The Comprensive Plan goals & objectives is specific to residential, designations include
opportunities in housing, location and access. The proposed designation is consistent with
the goal to provide variety of housing and types. If the Comprehensive Plan is amended,
then zoning change is appropriate. Under current R-3, multi-family is permitted. Under
proposed, appropriate Use District is R-4.
Staff recommends approval of this request.
Questions:
Stamson- Is the land to the south vacant land zoned A-I?
Kansier- To the south is the Windstar development, the map has not changed yet.
Cramer- Has the EDA designated this as retail or redevelopment? How does the
proposed Ring Road affect this parcel?
Kansier- This site is not part of Priordale mall redevelopment or the ring road.
Public Comment:
Jeff Gustafson, Stonewood Development. We do primarily residential, but we are
currently doing commercial in Burnsville. Hired by Boderman to determine highest and
best use of the property. Property should be apartments due to its proximity to
commercial. The R-3 will provide a buffer between the mall and residential or other
commercial and residential. Highest and best use is apartments. If approved, our
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intention is move ahead and develop the property within the next year. Maximum density
is 14 units per acre. Ideal is to get 16 units per building. Underground parking with units
above it.
Jim Erickson, 4554 Pondview Trail. Lives behind the property. Comprehensive Plan
provides guidance to meet needs of people. Does not think property should be amended
to meet the needs of the developer. This is a prime area for another business.
Commercial land is rare in the City. To change it would be a disservice to the City. To
remove commercial property from the tax base is not justified. Proposed plan is
inconsistent with the Comprehensive Plan. Requests the Commission reccommend
denial of the Comprehensive Plan amendment. Justification to change zoning must be
consistent with Comprehensive plan. Early Learning Center was changed to be permitted
in city. Schools not permitted in commercial areas. Another apartment will cause more
problems for neighborhood. Police reports to Tower Apartments are numerous.
Kuykendall- You are more comfortable to business next to your home than apartments.
Jim Erickson: Yes. Prefers commercial. Office. Day care closes early evening. No
disturbance to me.
Pam Prescott, 4562 Pondview. Has lived at this address for 4 months, but has been a
resident of Prior Lake for 16 years. She has seen a lot of positive residential growth.
Apartments on Franklin Trail, low income housing, duplexes, Priordale Mall is vacant.
The Towers, and Townhomes police activity in neighborhood is a lot. Feels her back
yard 'will be a public playground for neighborhood. Land value will drop. Privacy will be
gone. Children have no where to go. Suggests use of this area for senior housing, if
anything. Housing for old people who don't cause problems for neighborhood. Feels
very strongly about this.
James Guston, 4543 Pondview, Windstar property was rezoned to be consistent with
Comprehensive Plan. This is a disturbance that the plan could be an error. The City
already has apartments. Burnett Realtor informed him that affordable income housing
will decrease the value of his property. Opposed to rezoning.
Neil Boderman, Edina, owner of Prior dale Mall. Had a chance to put in a bar, but didn't.
Multi-family is a good buffer. Bar is not appropriate. Wants something downzoned from
commercial to be a buffer between commercial and residential.
Jim Erickson, I would not want a bar behind the house. He lived behind the bowling
alley when it was a bar. Does not prefer bar to multi-family housing. It was not so
bothersome when it was a bowling alley. Prefers senior housing.
Criego- Comprehensive plan was to create more commercial property to diversify ta'X
base. Wants to keep property as B-3. No need to change the zoning. If we are to change
zoning, then \oye should change whole street. Recommends keeping it the same zoning.
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Cramer- Familiar with property and day care. Kids are escorted to bus stop. Heavy
concentration of multi-family will exaggerate existing problems. Multi-family dwellings
are not appropriate buffer to commercial and single family. The Comprehensive Plan &
zoning should remain the same awaiting Priordale Mall outcome.
V oOOof- This is the fIrst time residents have come forward to oppose residential land to
commercial. Vast majority ofland in the City is R-l. Commercial property is at a
premium in City. Disagrees with staff recommendation.
Kuykendall- What would be allowed in B-3?
Kansier- The current ordinance allows auto sales, eating & drinking establishments,
recreation, gas stations, health clubs, auto repairs as permitted uses in the B-3 district.
Kuykendall- Appreciates concern of neighbors. Developer can develop property as
needed. Land does change over time. Buffer is good, logical. In practice other valid
issues are raised. Doesn't like the ides of piece meal zoning. Neighbors probably
wouldn't like auto repair. This is one action you see. Tomorrow it could be something
else. Housing section of Comprehensive Plan addresses affordable housing. We are
ahead of game in that. Some of those are dictated by state laws. We have to go along
with that to comply and make an effort to comply. Given that, this is not the time to
address this one request. Would like to consider the entire picture. Recommends keeping
zoning the same. In principle, accepts concept of property. Public must understand
permitted uses.
Stamson- If zoned R-3, apartments not permitted?
Kansier- If rezoned at this time, the R-4 district would be the comparable district under
new zoning ordinance.
Stamson- Comprehensive Plan is not specifIc (line or brush stroke). Could have been
drawn wither way. Concerned about residential taxes and commercial land availability.
No recommendation.
Kuykendall- Motion to recommend the City Council deny the Comprehensive Plan
amendment and zone change as requested.
2nd- V oOOof
Discussion:
Kuykendall- Re-Iooking at commerciallPriordale area. We haven't come to grips with
what we want to look like when we grow up. Commercial development has to be looked
at. Both sides of the issue are valid. Big picture is important. Not ready to do what was
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recommended by staff. Ask that the developer and neighbors come back to work out a
solution.
Criego- How much property does developer own?
Kansier- The Developer owns only this site.
Jeffrey Gustafson- Does it make any difference what type of apartments? Not interested
in developing low income apartments. He has developed lots of apartments in Edina.
We do know how to build them. Senior High-rise in St. Anthony is going OK.
Kuykendall- The Developer may want to come back with a design to satisfy neighbors.
StarllSon- Is the R-3 District appropriate?
Kuykendall- Yes. Buffer zone is important. Here is best and proper use of the land.
Future use of the property is incumbent upon the developer. A separate issue over and
above this request.
Criego- Developer needs to work out alternatives with neighborhood.
Jeffrey Gustafson- Can we postpone request to work with neighbors?
Kansier- Can table indetlnitely if a waiver is signed.
Kuykendall- Withdraws motion.
Kuykendall- Motion to table until next meeting, 12/22/97, unless we get a waiver.
2nd V onhof.
Discussion:
5 Ayes, 0 Nays.
D. Case #97-117 Consider a Conditional Use Permit to construct a State Licensed
residential facility servicing 10 persons at the property located at 5240 160th Street.
Jenni Tovar explained proposal. One of the conditions is that use is consistent with
Comprehensive Plan. The property is currently zoned R-3, but is designated for
Community Commercial on 2010 Comprehensive Land Use Plan Map. The City
Attorney has advised us to continue this item due to the upcoming zoning ordinance
which may have an effect on this property.
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PLANNING REPORT
AGENDA ITEM:
SUBJECT:
PRESENTER:
PUBLIC HEARING:
DATE:
4B
PUBLIC HEARING TO CONSIDER APPROVAL OF A
PRELIMINARY PLAT TO BE KNOWN AS RED OAKS
SECOND ADDITION
JANE KANSIER, PLANNING COORDINATO~
_X YES NO-N/A U
DECEMBER 8,1997
INTRODUCTION:
The purpose of this public hearing is to consider an application for a preliminary plat for
the 2.42 acre site located directly west of Breezy Point Road, south of Prior Lake, and
north of Rutledge Street. The preliminary plat is to be known as "Red Oaks Second
Addition".
ANAL YSIS:
Applicant:
Michael S. Benedict
15380 Breezy Point Road
Prior Lake, MN 55372
Project Engineer:
William R. Englehardt Associates, Inc.
MD52, 1107 Hazeltine Boulevard
Chaska, MN 55318
Location of Property:
This property is located along the west side of
Breezy Point Road, about 1/4 mile north of Rutledge
Street, and directly south of Prior Lake.
Existing Site Conditions:
There is a single family home located on this
property.
The site is fairly level, and contains a 0.23 acre
wetland. The channel between the wetland and the
lake bed was artificially created,' and is considered
part of the wetland rather than the lake.
Zoning and Land Use
Designation:
The property is zoned R-1 SO (Suburban
Residential Shoreland District). The 2010
Comprehensive Plan identifies this property as R-
LMD (Urban Low to Medium Density Residential).
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16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (61z) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
Adjacent Land Use and
Zoning:
Proposed Development:
Streets/ Access/C ircu latio n:
Grading/Erosion Control:
North: Prior Lake
South: Single family dwellings zoned R-1 SD and
designated as R-LMD.
East: Single family dwellings across Breezy Point
Road, zoned R-1 SO and designated as R-LMD.
West: Prior Lake
The proposed plat consists of 2.42 acres to be
subdivided into 3 lots for single family dwellings, for
a total density of 1.24 units per acre. This density is
well below the maximum permitted density of 3.5
units per acre.
All of the proposed lots are riparian lots. The
minimum lot size for riparian lots (lots adjacent to
the lake) in the R-1 SD district is 15,000 square feet,
with 90' of frontage at the front building line, and 75'
of width at the Ordinary High Water Elevation
(OHW). The sizes of the lots in this development are
shown on the following table:
TOTAL BELOW WETLAND NET LOT
AREA OHW AREA AREA
Lot 1 26,866.48 9,040.89 261 .73 17,583.86
Lot2 I 36,843.33 3,076.88 I 8,199.68 25,566.77 I
Lot 3 I 31,244.30 1,145.64 I 1 ,445.45 I 28,653.21 I
All of the lots meet the minimum lot area
requirements, and have at least 75' of width at the
OHW elevation. Lots 2 and 3 are also 90' wide at
the front building line. Lot 1, however, is less than
90' wide at the front building line.
For a more detailed explanation of the proposed
development, see the attached narrative submitted
by the developer.
There are no new streets located within this plat.
This plat does dedicate 33' of right-of-way for
Breezy Point Road adjacent to the plat. There are
no road improvements proposed as part of this plat.
The only grading on this site is for the house pads
on Lots 1 and 3, as well as some grading indicated
on the property to the south of Lot 3. The applicant
has submitted a preliminary grading plan which, for
the most part, meets City standards. Some minor
modifications, however, will be necessary to this
plan.
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Page 2
Drainage/Storm Sewer/
Water Quality:
Wetlands:
Sanitary Sewer:
Watermain:
Easements:
Tree Preservation:
A portion of this site drains towards Prior Lake and
the remainder drains towards the wetland located
along Breezy Point Road. The proposed plat does
not alter this drainage pattern. The grading and
erosion control plan calls for the installation of silt
fence and floatation silt curtain prior to any
construction activity on the site. This silt fence and
floatation silt curtain will remain in place until all
construction is completed and the site is either
revegetated or rip-rap is installed according to the
plan.
There is a 0.23 acre wetland located on this site,
near Breezy Point Road. During previous
discussion about this property, this wetland was
considered as part of Prior Lake. However, the
DNR has since concluded the channel connecting
the wetland to the lake was manmade. Therefore,
they have reversed their previous determination.
The wetland is subject to the wetland rules.
The developer is proposing to fill about 792 square
feet of this wetland to create a driveway for Lot 1.
This plan has been reviewed by the City and a
wetland exemption was issued on October 9,1997.
Sanitary sewer service is located along the northerly
boundary of this plat. Service lines will be extended
to serve the new lots.
Watermain service is also located on the north side
of this property. Service lines will be extended from
the existing line to the new lots.
The Developer will be required to dedicate drainage
and utility easements over the wetlands and over all
sewer and water lines constructed outside of the
dedicated right-of-way. The developer will also be
required to obtain temporary construction
easements for the grading located outside of the
boundaries of this plat.
This development is subject to the prOVISions of
Section 6.16 (Tree Preservation) of the Zoning
Ordinance. The applicant has provided an inventory
as required by this ordinance, and has noted 100
caliper inches or 33% of the total caliper inches on
the site will be removed for the location of the
houses. The Tree Preservation Ordinance allows
removal of 25% of the caliper inches, so the
1:\97files\97subdiv\preplat\redoaks2\redoakpc.doc
Page 3
developer will be required to replace the additional
24.5 caliper inches at a rate of 1/2" to 1". The
developer has submitted a landscaping plan
showing the replacement of these trees.
Landscaping:
This development is also subject to the
requirements of Chapter 7 of the Subdivision
Ordinance, which requires one (1) street tree per lot
frontage and one (1) front yard tree per lot. The
applicant has submitted a landscaping plan showing
the proposed location of the required trees, as well
as the minimum size and types. Some changes are
required to this plan so that it identifies at least two
front yard trees on each lot.
Parkland Dedication:
The Developer shall comply with the park dedication
and contribution requirements as defined in the City
Code. This plat does not indicate any land
dedication. The Park and Recreation Director has
indicated that the dedication requirements will be
satisfied by a cash dedication calculated by
multiplying 10% of the gross acreage (2.42 acres)
by the market value of the land ($13,000). This
dedication equals $3,146.00.
Finance/Assessment Fee
Review:
This subdivision will be subject to a stormwater
management fee and a collector street fee. Sewer
and water were extended to the site in 1973, and the
assessments were paid. The stormwater
management fee and the collector street fee are
calculated on the net acreage of the new lots only.
These charges will be paid at the time the
developer's contract is executed. A summary of the
charges is shown on the attached memo from Ralph
Teschner.
ANALYSIS:
A preliminary plat identifies proposed lot locations, areas and dimensions, road
locations, storm sewers, grading, location and grade of sewer and water, landscaping
and tree replacement plans, and other improvements to an undeveloped site. Once
preliminary plat approval is granted, the property owner has a vested interest in the plat. ,
For one year following preliminary plat approval, no ordinance amendment shall apply to
or affect the use, development density, lot size, lot layout, dedication required or
permitted by the approved preliminary plat.
A preliminary plat for this site was originally proposed in 1992. That proposal included
three lots accessed via a private cul-de-sac off of Breezy Point Road. The City Council
denied this plat in on May 4, 1992, primarily due to the number of variances required. At
the time, the applicant was requesting variances to the lakeshore setback, lot width, the
width of a public road and the requirement that the road be dedicated as a public street.
1:\97files\97subdiv\preplat\redoaks2\redoakpc.doc
Page 4
Several of the variances were due to the fact that the DNR had determined the pond
. area to be a part of the lake bed.
In 1993, the applicant resubmitted his proposal. Once again, numerous variances were
required. The City Council originally approved the preliminary plat, subject to the
condition that the applicant obtain the necessary variances and that the DNR make a
determination as to whether the pond area is a part of the lake bed. The Council
subsequently adopted Resolution 94-09 on February 7, 1994, denying the preliminary
plat. Once again, the issue was due to the determination that the pond area was a part
of the lake bed, and thus created the need for several variances.
This proposal is different from previous proposal in several respects. First of all. the
proposal does not include a private road. The plat provides frontage for all three lots on
Breezy Point Road, although Lots 2 and 3 do share a driveway. Secondly, all of the lots
meet the minimum lot area requirements. Finally, there are no setback variances. The
DNR has determined the pond is not a part of the lake bed for regulatory purposes.
Therefore, the lakeshore setbacks do not apply. In addition, in 1997, the Council
reduced the required lakeshore setback from 75' to 50' from the OHW elevation. This
also eliminated the need for several variances.
One issue which still remains is the lot width of Lot 1. The Zoning Ordinance requires a
minimum lot width of 90' at the front building line for riparian lots. Lot 1 does not meet
this requirement. If we were to look at the boundaries of the original plat of Red Oaks,
the lot does meet this requirement; however, that plat includes several feet of property
below the Ordinary High Water elevation. Section 5-8-3 (C) 1 of the Zoning Code
states, in part, "only land above the ordinary high water level of public water can be
used to meet lot area standards, and lot width standards must be met at both the
ordinary high water level and the building line". This section does not allow us to
consider any area below the Ordinary High Water elevation as part of the lot area and
lot width. In addition, Section 6-6-4 (F) 1 of the Subdivision Ordinance requires "for all
residential zoning districts, the subdivision grading plan shall indicate a minimum
setback of thirty feet (30? measured from the 100-year flood elevation of the wetland or
detention pond to the building pad or house location". The proposed plan shows a 30'
setback from the delineated edge of the wetland, but not from the 100-year flood
elevation of the wetland. There is literally no building envelope on Lot 1 that meets this
requirement.
With the exception of Lot 1, the proposed preliminary plat meets the standards of the
Subdivision Ordinance and Zoning Ordinance. There are some minor engineering
requirements which still must be addressed prior to approval of this preliminary plat.
These requirements, listed on the attached memorandum from the Engineering staff,
can be met by submitting revised grading and utility plans.,
If the preliminary plat is to proceed, it should be subject to the following conditions:
1. Lot 1 should be eliminated, or the preliminary plat redesigned to meet all
Zoning and Subdivision Ordinance requirements.
2. A revised landscaping plan showing the changes outlined in this report must
be submitted. If Lot 1 is eliminated, the landscaping plan will meet the
requirements.
1:\97files\97subdiv\preplat\redoaks2\redoakpc.doc
Page 5
3.' The issues outlined in the memos from the Engineering staff, dated November
14, 1997, and November 18, 199!, must be addressed in the final plat.
ALTERNATIVES:
1. Recommend the Council approve the preliminary plat of Red Oaks Second Addition
as presented and subject to the conditions listed above, or with specific changes
directed by the Planning Commission.
2. Table or continue the public hearing to a date and time certain and provide the
developer with a detailed list of items or information to be provided for future
Planning Commission review.
3. Recommend denial of the application based upon specific findings of fact.
RECOMMENDATION:
Staff recommends Alternative #1
ACTION REQUIRED:
A motion recommending approval of the preliminary plat of Red Oaks Second Addition,
subject to the listed conditions, is required.
REPORT ATTACHMENTS:
1. Location Map
2. Preliminary Plat
3. Applicants' Narrative
4. Letter from DNR
5. Memo from Engineering Staff
6. Memo from Ralph Teschner
7. Minutes of May 4, 1992, City Council Meeting
8. Minutes of December 20, 1993, City Council Meeting
9. Resolution #94-09
1:\97files\97 subdiv\preplat\redoaks2\redoakpc.doc
Page 6
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ElOS1INC WA 1(11II"'"
!lCIS11NG SANITARY _
ElCIS11NC CCNTaJR
OISTIHC I..AICESHORE
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ElOSlINC 1RE
PROPOSED 1RE
EXIS1INC EIl<lE OF PA\IEIIElIT
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PROPOSED EDGE OF PA'o9IEHT
~ PQSSlllL BtJIUltHC lOClonOH
PROPOSED COHTQUR
_ . _ . _ WEl'\...ANO AS "o:i'"'\'O:-lEI) SEPT. 1997
PROPOSED RETAHNC W'<u'
TREES TO BE REMOV~
1-10" APPlE 1RE
,--42" IIASSlIIOOO 1RE
l-U" CATAlPA 1RE
1-30'" ':lIllOW 1REE
TREES TO BE PLANTED
3-2-1/2" SlJCAR loIAPI.E TREES (A)
2-2-1/2" 'MinE ON< 1REES (B)
3-2-1/2" lINER Il1ROl 1REES (C)
3-2-1/2" """"'... ASH TREES (0)
TAB! CALCULATIONS
D CMftJt IMOES DIS1INlI
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t2:JS CH.PEJI1tOO I'BIJI'ID .", , ..~ ~ r
(24E . a.s at \lr _ "
2U .......,. """" .-aD (11 1IIEESl
~
SHEET mu:
DATE PRO..ECT NO.
----
LAJID.CAP'I! PLAN
RFVISED
SC'l.E
ftM -'sIL.. SHEET NO.
":: J4-
_h. " ty: "
. -..- ':'
RED OAKS 2ND ADDITION
PRELThIINARY PLAT NARRATIVE AND INFOAAIATION LOCATION
PRIOR LAKE, MINNESOTA
NOVl:l\tIBER 4, 1997
Item 1
Proposed name of subdivision:
Red Oaks 2nd Addition
Item 2
Name and address of the owners agent, subdivider, surveyor and designer of the plat:
Owner/Developer:
Mike Bennedict
15380 Breezy Point Road
Prior Lake, lvlinnesota 55372
Phone: 612-447-2688
Attorney:
Bryce D. Huemoeller
16670 Franklin Trail SE
Prior Lake, lvlinnesota 55372
Phone: 612-447-2131
Design Consultants:
Engineer and Wetland Consultants:
William R. Engelliardt Associates Inc.
William Engelhardt P.E.
Stephen Albrecht
Greg Swanson
1-'ID52 1107 Hazeltine Boulevard, Suite 480
Chaska, lvlinnesota 553 18
Phone: 612-448-8838
Surveyor:
Valley Surveying Co., P.A.
Ronald A Swanson, R.L.S.
16670 Franklin Trail SE
Suite 120-C
Prior Lake, ivlinnesota 55372
Phone: 612-447-2570
Item 3
Existing zoning classification: Suburban Residential
Item 4
Physical features:
1. Prior Lake and a small wetland are within or adjacent to the property as shown on
the Existing Conditions Plan (plan Sheet 1 of 5). Prior Lake is identified as
protected water 26 P by the Department of Natural Resources. The existing
wetland is classified as follows: Cowardin System(NWI map): PEMF
Circular 39: Type 4 wetland
Please note that the channel connecting the wetland was arti.ficially created. This
artificial connection is outlined in the signed contra:ct(Exhibit C) between NIT.
Bennedict and the Department of Natural Resources. The contract stipulates that
the wetland is not part of the lake bed and the channel was artificially created. The
wetland was delineated in September of 1997.
Item 5
The Red Oaks 2nd Addition project proposes to subdivide a 2.42 acre residential propeny
into three(3) residential lots. The average lot size without right-of-way is 0.73 acres. The
project does not require any variances. A temporary construction easement along the
south property line will be required for lot 3 grading. Grading will be required for lots 1
and 3. Areas to be graded and BMP's to be used during grading are shown on the
Grading and Erosion Control Plan (plan Sheet 3 of 5).
The project will involve the filling of a portion of the existing channel to provide a
driveway access for lot 1. The proposed filling is pennitted due to the incidental creation
of the existing channel. The following exhibits are provide to document the channels
incidental construction and pennitted filling by the owner:
Exhibit C
This contract between the Minnesota Department of Natural Resources and N1r.
Bennedict stipulates that the channel connecting the existing wetland to Prior Lake
was artificially created during the installation of sanitary sewer and watermain by
the City of Prior Lake in 1974 and that the wetland is not part of the lake bed.
2
.' .
Exhibit D and E
These pictures taken in 1945 and 1971 show that the channel did not exist
prior to 1974.
Exhibit F
This wetland exemption certificate issued by the City of Prior Lake allows for the
filling of the channel/wetland as shown on the grading plan. The exemption allows
the filling without mitigation and indicates that the filling is exempt from the
.Minnesota Wetland Conservation Act(MWCA). Nfr. Lam Leichty reviewed and
issued the exemption for the City of Prior Lake.
Exhibit G
This letter from the Scott Soil and Water Conservation District verifies the
incidental creation of the channel and that the proposed filling is exempt
from the NfWCA.
The following agencies have also been contacted for review and pennitting for this
proj ect:
Agencv
Pennit Status
Prior Lake Spring Lake \Vatershed District
Reviewer: ?vfr. Carl Almer
Being Reviewed
U.S. Anny Corps of Engineers
Reviewer: Nfr. Gary Elftmann
Being Reviewed
Mr. Pat Lynch of the DNR has been contacted and will provide additional clarification on
the contract between the DNR and ?vIr. Bennedict if necessary. Because the filling
activities are not within the lake bed the DNR does not require additional pennits for this
project. Nfr. Lynch has been requested to provide an additional letter stating this.
Item 6
There are no proposed streets for this project. The existing driveway will be
reconstructed as shown on the Grading Plan and shared by lots 2 and 3. A driveway
easement will be included in lot 3 for lot 2. Lot 1 will have a separate driveway as shown.
3
Item 7
The proposed houses will be custom b.uilt frame houses with individual house designs
using earthtone colors or wood exterior finishes. Buildable areas are shown on the
Grading Plan for each iot. Lot 1 will have a maximum 1st floor size of 1,800 s.f and a 2
car garage. Lot 3 will have a maximum 1st floor size of2,500 s.f and a 3 car garage.
No living spaces will be allowed below a 910 for these lots. There are no proposed
protective convenants or deed restrictions at this time.
Item 8
Gas, electric and cable utilities will be limited to individual service connections for this
project from existing main lines.
Item 9
A..nticipated Construction Schedule
Activitv
Installation of Erosion Control and BNfP's will be done in June of 1998 prior to any
grading. These BMP's shall be maintained as stipulated on the Grading and Erosion
Control Plan(sheet 3 of 5)
Grading, installation of the lot 1 driveway and culvert installation is anticipated to begin in
June 1998 and be completed in July of 1998.
Revegetation of disturbed areas and planting of trees will begin in July of 1998 and be
completed in August of 1998.
Item 10
There are no public improvements for this project. The construction plans are included in
the preliminary plat application. All details and required specifications are shown ,on the
plans.
.,
.,.
SURFACE \VATERMA1~AGEMENT PLAN
& HYDROLOGY CALCULATIONS
FOR
RED OAKS 2ND ADDITION
PREPARED BY:
WTI..LlA.J."1 R ENGELHARDT ASSOCIATES
EXHIBI1' B
EXISTING CONDITIONS:
The Red Oaks 2nd Addition property is a 2.42 acre 9arcellocated west of Breezy Poin;
Road on Prior Lake. Figure 1 shows the existing site, drainage areas and drainage
patterns. This property drains directly to Prior Lake and to a small wetland which is
connected by an artificial channel to Prior Lake. Currently the site has one single family
residence. This project proposed to subdivide the parcel to create three single family
residences. Site soils are Hayden Sandy Loam(figure 2) and muck(wetland areas).
Table 1 shows the existing site characteristics.
TABLE 1: EXISTING CONDITIONS
AREA(label) ....AREA(acres) eN
TO WETLAJ.'ID 1.02 72
(BENNEDICT PROPERTY
ONL Y)
TO LAKE 1.40 64
(BENNEDICT PROPERTY
ONL Y)
TO WETLA1'ill* 1.60 71
(OVERALL DRAINAGE
AREA)
*lncludes 0.58 acres off site drainage
....Tc,
0.15
0.17
0.15
EXISTrnG RUNOFF RATES:
Existing peak discharge rates for the Red Oaks 2nd Addition were calculated using the
SCS Graphical Peak Discharge Method. Peak discharge rates were computed for the 2,
10 and 100 year 24-hr rainfall events. Composite curve numbers(CN) were calculated for
each drainage area. Copies of the calculations are contained in the appendix to this plan.
Table 2 shows the existing runoff rates for Red Oaks 2nd Addition.
TABLE 2: EXISTING RUNOFF RATES
::~g;;,'lJdili7Hl.~~;
1 2
TO WETLAND
(BENNEDICT PROPERTY
ONLY)
TO LAKE
(BENNEDICT PROPERTY
ONL Y)
TO \VETLAND
(OVERALL DRAINAGE AREA)
Note: SCS Peak Discharge Method Computer Model rounds to
the nearest cfs.
...
.)
1
2
4
5
1
2
2
li1f
...,
\
PRIOR LAKE
EL. = 102.10 e/20/17
~
Dro.,t'\~~~ {10U..J0J'7
Dr~''''''e. D"rc~"'/Q'I'\
--
SITE LOCATION
LEGEND
EXISTING WA lU<MAIN
EXISTING SANITARY SEWER
._.._ EXISTING CONTOUR
,--_-- EXISTING lAKESHORE
,;
0" EXISTING lREE
EXISTING EDGE OF PAVEMENT
r:: : . :.: ::j EXISTING BUILDING
_ . _ . _ I>8I.AND AS DEUNEAIDl SD'T. 1997
~
I
QIUPIDC SC1LI
t . .
(..->>
I....... &.
DiQHEIR
U:nljl-IW'I'~
DESGH
REVISIONS
..,.,..,...
Ov.NER
PRo.E:CT
~
~A1F
PRO-ECT NO.'
WLUAIi. R. I!HcaeutARDT U.OCIA n.. INC.
CONlWL TINQ 1!NQlHI!RIl.
11D'r HAZ&.'-- 1OUl.aY1.IG. -..n ....
c:HAMA. " . l....
~..-
~w-:;z;:.::.:..--=.
IIIKE '. ..ICT
taMO ~ H*T ROAD
P'NOfl L.UDl. . . .. 1Nr.
~ (aUM4r-....
~
SCAlE
Re) OAK.
HCOHO ADDITION
IXIeTINQ COHDITION.
~-:4jUra .1..
.... ..J:dL
00::: ....lUA-
_ ....lUA-
SHfLT NO.
IrE~
-
.....'l.~"
I
I
.1
I
,
LEGEND
PRIOR LAKE
EL. .. g02.10 8/20/$17
O.H.W.L. = 904.0
100 YR.. H.W.L. = gOg.sa
CH. W J... re IE.-r 8IIOWM A. TltI! 110 COMTOURl
~
r-".r-n.-
I ,...-...oaooI
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\ ~~"'...
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~ '-:">-;'-"1,11;
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=----'
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DlST>fO """"""
~.....,.....-
~
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0lJSTIfC mc:E CF PAVOlDl'T
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~
passEl.!: ~"C lOC). not
NO U"'HC !pAa. BD..CW
Q,D'AnCII 910..00
r'RCf'0SlD c::c:HTOJR
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,......... PRCf'()SID St.T ~a::
_ . _. _ PRCf'1)SI]) rtOTAl1CN $'t.T o..'RT)JN
Ii~~~j
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t.loo SJ. (711..' SJ. ~pr UNC[.'t
IHCOOtTJl.. ~ F'lU. DDAPtl04 TO
TO -/CA. ~tO U. D:DIPT UNDER
OOIlHua$ Dnlpnc.t iO~)
Q.fP RAP SECTION . ~~~~ ;a
- -- O;~''''5~ ODtl..J.r:';.r~"~"""
1'Il,lP'S k "ROSIO~ r.ON"MlOr. \l11"N"l""N 1 Hr." PI HI
l. JU. !UP's Itf(11.IOlHC ~ , saLT ~ )HJ FI.OATAnOol
St.T OJftT~ 5HAU. !St: IN$T.lU!D PflJM iO .lItT COtlSlRUCnoH
ACTI\1nD. .a.u. tNST.lU..Alla( 9011. 3( )f J.c:com:J>>K:!:
'/IllTH TMt ocy.u..s F'ft0'tt0m ()oI tHIS QU,C'tfC po.....,..
1. F\.OArAncl'C SIlT C1JRT"'''' 9VLL M: ~HTNH(D UNll..
AlL "'~... Y lXffS1'RUCnct4 AND LOT , Cl't}.OING
M::tr.1nD ~ co.cF'\.E1E.. .IJ..1. ~ .vt[AS
rs LOT 1 SH.W. BE RE"lEOCTAltD CR 1IJP ~
If J-"''''''': 'WIlli lHS f'VIl F"FlDl TO ":HE
RDIOV.AL. CI 11<< f\DATA1KlM 9U OJftr.......
.1. Al.1. 9LT nNCE 9I'.&U. 9IE: \UJN1NNED UHlL .w..
a:'HSTRUC'11CH ),CtlVlnD rNa.JJOl'fC HCIJSE.
o:::tISTRUC1JCt4 }.M c:c::uP'lCl'L
4. .IlL ~ AHa DtQ5ICH CCHTRa.. SHJU
9( VAlNTNNm BY tHf; O'MlOl at HIS Ac:Dftt.
.'" '_ wr:uG
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1. SH..u. i!( c~'S1RUct:D CF N"l'\..Ct4 ".&.BAIe ....nt "
UHUUU IDfS\..! S'11tC4ClH OF X'Ot'/lM.. ::F 'A8AJC
.... n
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PlAS11C TVeE: (1# ,.~ lJIH.) n..L!J) '11IM U..MHE
QJAUt'Y 1'a.~~E rONl. ~E c,tJUtt(R Flo...r
G~mc 9C.lLJ ~ :-w ~U~/~~,~~ ~~~ slttL
~~~.,......-. r ~ 3. n-tE BO'fTCil; ro<<.!:MCU..D BE '..o01TtD 11'1'''
r c..BtL ~ Ot,lJH "'4JM " ""tflUUU ""!}CHT CF
t ~::-: J J'- ~M ~~),;;J ~~':r~.JJ.l. g(
~E\1"CNS I 0....8 Pfto..ECT I SHEET nll ~ OA;'E I PRo..ECT "0.
",..,..,... I I~-'-I
~~~O&D IlEO OAKlI allADINa, DIlAINAGlE AND sc..u: I
"""'" uo. ' .'. fA un. BECOND ADDITION ERO.ION COIfTROL PUN
~ (~7-Ha .-:.......
.. ~ . U,. ....
-
../ ,. ,
~ '
'-
WLWM II. EIf'~'" ....tilT AAOCIATES, INC.
CONlIUL "HQ OIQIHEEIlS
1107 )U.%I!1.~ aotUVAPD. ~ 4.0
CHASKA.." . ~ fA IU1e
Tr1J!PItOIC ....,..........
CD\nF1CJonCN
';:;~ik-:e--~
.---'
OESlGN
y..~ L. [...d..v
,:'/~/~7 ..!..!.!:J-I
.......-..
"-- .._.... I SHEET NO.
-- ....:UA--I
.=. ..I. " ~ ~
11'
-",.~
The 2, 10 and 100 year storms for the wetland drainage area(includes .58 acres offsite)
were routed through the proposed 18" culvert using TR-55 and Pond 2. The culvert was
routed using the existing wetland and Prior Lake waterlevel(902.1 0) and the OHW of
904.00 as starting elevations. Table 5 shows the routing results.
ARI::4(Iab~IJ .i2.YR..
. ..<<(CfS)d
0.72
POND
(NWL 902.10)
POND
(OHW 904.00)
TABLE 5: ROUTING RESULTS
.. ..1.0YR.....l.00YR..... .d.2YR...
: :::'::;::-;:, _' - :: ::;\><. :::::::,.... <:' -?t-: ::~::.:.>>.:,': :. - <>:
· ..<......fcrs)..... ..C.(S:fsjC....C ..........(st~ge)...
2.27 4.81 902.17
10YR ..H.ilOOYR..i
./(st~~e) '.'(~ge)CC.
902.31 902.44
0.98
2.43
5.10
904.10
904.22
904.35
Discharge rates are slightly decreased for proposed conditions with Prior Lake at normal
levels prior to rainfall events. Rates increase slightly if Prior Lake is at the OHW prior to
rainfall events.
RESULTS:
Discharge rates are slightly decreased for the wetland if Prior Lake is at a level of 902.10
prior to the storm event. Rates increase slightly for the wetland if Prior Lake is at the
OHW(904.00). Direct discharge rates to the lake increase less than 0.5 cfs for the 2 and
10 year storm events. Rates increase between. 5 cfs and 1.0 cfs for the 100 year storm.
The proposed culvert decreases discharge rates slightly from the wetland to the lake
compared to existing conditions.
.!,
POND-2 version: 5.20 SiN:
EXECUTED: 11-06-1997 11:16:11
Page 1
Return Freq: 2 years
***********************
* *
* RED OAKS ADDITION *
* MIKE BENNEDICT *
* POND OUTLET *
* BY SAA 11/6/97 *
* *
***********************
****************** SUMMF~Y OF ROUTING COMPUTATIONS ******************
Pond File: BENN
Inflow Hydrograph: BENN2
Outflow Hydrograph: BENN02
.PND
.HYTI
.HYD
Starting Pond W.S. Elevation =
904.00 ft
***** Summary of Peak Outflow and Peak Elevation *****
Peak Inflow = 2.00 cfs
Peak Outflow = 0.98 cfs
Peak Elevation = 904.10 ft
***** Summary of Approximate Peak Storage *****
Initial Storage =
Peak Storage From Storm =
0.68 ac-ft
0.02 ac-ft
Total Storage in Pond
=
0.70 ac-ft
POND-2 version: 5.20 SiN:
EXECUTED: 11-06-1997 11:16:12
Page 1
Return Freq: 10 years
***********************
* *
* RED OAKS ADDITION *
* MIKE BENNEDICT *
* POND OUTLET *
* BY SAA 11/6/97 *
* *
***********************
****************** SUMMARY OF ROUTING COMPUTATIONS ******************
Pond File: BENN .PND
Inflow Hydrograph: BENN10 .HYD
Outflow Hydrograph: BENN010 .HYD
Starting Pond W.S. Elevation =
904.00 ft
***** Summary of Peak Outflow and Peak Elevation *****
Peak Inflow = 4.00 cfs
Peak Outflow = 2.43 cfs
Peak Elevation = 904.22 ft
***** Summary of Approximate Peak Storage *****
Initial Storage =
Peak Storage From Storm =
0.68 ac-ft
0.05 ac-ft
Total Storage in Pond
=
0.73 ac-ft
POND-2 version: 5.20 SiN:
EXECUTED: 11-06-1997 11:16:12
Page 1
Return Freq: 100 years
***********************
* *
* RED OAKS ADDITION *
* MIKE BENNEDICT *
* POND OUTLET *
* BY S~.A 11/6/97 *
* *
***********************
****************** SUMMARY OF ROUTING COMPUTATIONS ******************
Pond File: BENN .PND
Inflow Hydrograph: BENN100 .HYD
Outflow Hydrograph: BENN0100.HYD
Starting Pond W.S. Elevation =
904.00 ft
***** Summary of Peak Outflow and Peak Elevation *****
Peak Inflow = 7.00 cfs
Peak Outflow = 5.10 cis
Peak Elevation = 904.35 ft
***** Summary of Approximate Peak Storage *****
Initial Storage =
Peak Storage From Storm =
0.68 ac-ft
0.08 ac-ft
---------------
Total Storage in Pond
=
0.76 ac-ft
POND-2 version: 5.20 SiN:
EXECUTED: 10-02-1997 16:38:53
page 1
Return Freq: 2 years
***********************
* *
* RED OAKS ADDITION *
* MIKE BENNEDICT *
* PRIOR LAKE *
* BY SAA 10/2/97 *
* *
***********************
****************** SUMMARY OF ROUTING COMPUTATIONS ******************
Pond File: BENN
Inflow Hydrograph: BENN2
Outflow Hydrograph: BENN02
.PND
.HYD
.HYD
Starting Pond W.S. Elevation =
902.10 ft
***** Surrrrnary of Peak Outflow and Peak Elevation *****
Peak Inflow = 1. 00 cfs
Peak Outflow = 0.72 cfs
Peak Elevation = 902.17 ft
***** Surrrrnary of Approximate Peak Storage *****
Initial Storage =
Peak Storage From Storm =
0.02 ac-ft
0.01 ac-ft
Total Storage in Pond
=
0.03 ac-ft
~e
...
POND-2 version: 5.20 SiN:
EXE~u.l.~l.J: 10-02-1997 16:38:53
Page 1
Return Freq:10 years
***********************
* *
* RED OAKS ADDITION *
* MIKE BENNEDICT *
* PRIOR LAKE *
* BY SAA 10/2/97 *
* *
***********************
****************** SUMMARY OF ROUTING COMPUTATIONS ******************
Pond File: BEN}l .PND
Inflow Hydrograph: BENN10 .HYD
Outflow Hydrograph: BENN010 .HYD
Starting Pond W.S. Elevation =
902.10 ft
***** Summary of Peak Outflow and Peak Elevation *****
Peak Inflow = 3.00 cfs
Peak Outflow = 2.27 cfs
Peak Elevation = 902.31 ft
***** Summary of Approximate Peak Storage *****
Initial Storage =
Peak Storage From Storm =
0.02 ac-ft
0.04 ac-ft
Total Storage in Pond
=
0.05 ac-ft
POND-2 version: 5.20 S/N:
EXECUTED: 10-02-1997 16:38:53
Page 1
Return Freq: 100 years
***********************
* *
* RED OAKS ADDITION *
* MIKE BENNEDICT *
* PRIOR LAKE *
* BY SM 10/2/97 *
* *
***********************
****************** SUMMARY OF ROUTING COMPUTATIONS ******************
Pond File: BENN .PND
Inflow Hydrograph: BENN100 .HYD
Outflow Hydrograph: BENN0100.HYD
Starting Pond W.S. Elevation =
902.10 ft
***** Surmnary of Peak Outflow and Peak Elevation *****
Peak Inflow = 6.00 cfs
Peak Outflow = 4.81 cfs
Peak Elevation = 902.44 ft
***** Summary of Approximate Peak Storage *****
Initial Storage =
Peak Storage From Storm =
0.02 ac-ft
0.06 ac-ft
Total Storage in Pond
=
0.07 ac-ft
(
S l11'ULA TI 0 N
Tnis agreement is made on this .?~.J.:iay of {Jc~ L-- , 1997, bet\.veen the
STATE OF MIN}.fESOTA, acting by and through its Commissioner ofNarural Resources, (the
State) and NfICHAEL S. BENEDICT (Benedict).
RECITALS
Benedict is the owner of real property in Scott County, Minnesota, described on the
attached Exhibit A (the Property). There is a pond or wetland on the Property that is on the date
of this Stipulation physically connected by a shallow channel to Prior Lake. The pond or
wetland on the Property has been, since approximately 1973, and remains arriiicially connected
to Prior Lake. The parties hereto desire to affirm that the pond or wetland is not parr of Prior
Lake and that the Property described on the anached Exbibit A does not have ripa..-ian righIs to
Prior Lake.
.' ~
-.
S lil'TJLATION
In consideration of the mutual covenants and agreemems herein, the oarries hereto agree
- . -
as follows:
1. STATUS OF POND OR WETLAJ.~TIIRIP.-'\R.LA.J.'\f RIGHTS. The pond or wetland
on the Property is not part of Prior Lake, and the bed of the pond or wetland' is not part of the
lake bed of Prior La..l(e. The property described on the anached Exhibit A does not have riparian
rights to Prior Lake.
2. STATUS OF CRAl~"}rEL. No rights to excavate or maintain the channel so that it
is navigable for watercraft attach to the property.
3. ACKNOWLEDGMENT. Benedict agrees to execute and file for record the
Acknowledgment of Artificial Connection of Wetland to Prior Lake attached hereto as Exhibit B.
4; NOTIFICA nON TO PRIOR LAKE The State through the Minnesota
Department of Natural Resources shall promptly upon full execution oftbis Stipulation and the
attached Acknowledgment by Benedict provide a written notification to the City of Prior Lake
that the bed of the pond or wetland on the Property is not pan: of Prior Lake.
5.' PERSONS BOlJ"ND. This Stipulation shall bind and inure to the beneiit of the
parties hereto and to their respective agents, representa!ives, successors and assigns.
STATE OF MINNESOTA, DEPARTMENT ;v.,-LL..... Y J... <.l,. . ~
OF N~OURCE3:J j I ~c;"m ;kENEDICT
By: Z..::::..~ ?'-<-v~
GAIL LE\VELLA..!."f
Title: ASST. COMMTSSTON'"EE..
Hf IN{AN RESOURCES & LEGA.I- A.t.FATRS
, -
r'" .
J.":" '.~'"\ 1
.i
(.
~~1T A.
LEGAL DESCRu- HON OF PRO.l:.l:..."\TY
All that part of Go-f...u~cnt. Lot 1, Sectioa 35, Township 11.5, ~ge 22, Scott
County, M:inl:esCt:1, de.sc::".JJed as fellows:
s~ at a point on the West line of 'B4.;..w~Y Point' driveway 10 feet
Southe33te!'.!y from the divio.ng line betWeen Lets 1 and 3 E~ded Westecll'~
and ru.nning theuce North 76' 30' West, 14,8 feet to a point 00. said dividing .liDe
betWeen Lets 2 anrl 3, 10 feet Southwesterly ;:., ....... the west line of said
d:riv~ws.Yj thence contin";.,..~ South 61 · 18' We~... 80 fe::t along said eii:t:n.sioIl of
the dh1.dlng line betWeen IAt.s 2 ar~ ;; the'C.C3 Westeriy at an angle of 22" 50 I to
the right, 111 feet to 3. ccr::te:' fQ~ post;. thence ~ntinuing W ~:ter11 along this
same line sbout 8.5 .fe::t to in~e~t the South line or a. 20 foot d...-iveway slong
oaRed Oaks"; them:~ N orthe~ly along tile said drive'<;Jay I.iri;: to intenea. the
West line of !he driveway along IIEr=z"! Foint: and th~ IU~~;f1g
ScuT'\-''-' <!:.e:dy alODg s.3id d.....ivews.y ~inc to a point of l:ezi"''''~.ng.
,......
/
\
ACKNOWLEDGlYIENT OF ARnliIClAL CONNECTION
OF WETLA.L'ID TO PRIOR LAKE
The undersigned owner of real property in Scott County, Minnesota, described as follows
(the Property):
.All that pan: of Government Lot 1, Section 35, TOVlIlship 115, Range 22, Scott
County, Minnesota, described as follows:
Stan:ing at a point on the West line of "Breezy Point" driveway 10 feet
Southeasterly from the dividing line between Lots 2 and 3 Extended Westerly;
and running thence North 76030' -';Vest, 14.8 fe.et to a point on said dividiIlg line
berween Lots 2 and 3, 10 feet Southwesterly from the West line' of said driveway;
thence continuing South 61023' West, 80 feet along said eX1ension of the
dividing line benveen Lots 2 and 3; mence Wes1:erly a1: an angle of220 50' to me
right, 121 feet to a comer fence post; thence continuing Westerly along this same
line about 85 feet to intersect the Soum line of a 20 foot driveway along "Red
Oaks"; thence Northeasterly along the said driveway line to intersect the West line
of the driveway along "Breezy Point"; and thence running Southeasterly along
said driveway line to a point of beginning;
hereby states and acknowledges for himself, and on behalf afbis heirs, representatives,
successors and assigns wim respect to the Propeny, as follows:
1. There is a pond or wetland on the Property that as of the date of this
acknowledgment is physically connected by a shallow channel to Prior Lak.e.
2. The channel that connects the oond or wetland to .Prior Lake was excavated orior
.. ..
to 1974. Tne connection was made without having obtained a permit or other approval from the
ivfinnesota Deparonem ofNarural Resources or any other governmental entity with jurisdiction
over the'Property and the pond or wetla..'1d.
3. The pond or wetland on the Property has been since approximately 1973 and
remains artiiicially connected to Prior Lake.
4. The Property did not acquire, and does not have, riparian rights to Prior Lak.e by
virtue of such artificial connection.
2
~
I
::..
5. No rights to excavate or maintain the channel so that it is navigable for watercraft
attach to the Property.
Dated this 27thdayof
October
,1997. c::::::.
~~~61' ~
ivrrCRA.EL S. BENEDICT
Subscribed and sworn to before me
this J1+'dayof UC:f-v br:-Y . 1997.
U4v.:L'-L.2- '~j7,r) .~AJ
NOT.-\R Y PUBLIC v
~ ~ ANC~::A M BUSZMANN~
t~..!.1.~ NOTAI\YPflellC.M1NNt.~OTA $
~\~~~ SCOiTCOUNTY ~
; ~:.... ....~n~....nll;CXX1 ~
Tnis insmunenr was drafted by:
HlJEMOELLER & BATES
Attorneys ar Law
16670 Franklin Trail
Prior Lake, N.G'J 55372
A.G;97274 vl
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W'c.1 LAND CONSERVATION ACT RE05iVS~
CERTIFICATE OF EXEMPTION OR COMPUANCE OR NO Los;tT 9 1997
---.----.---1
.1
Ci%fPriorLake . I
16200 Eagle Creek Ave _
Prior Lake. MN 55372
Mike Bennedict, 15380 Bree~x. Point Road, 'Prior Lake, MN.
(N=me, .:lddrass. .md phone ot 3~liC::1nI)
55372, 612/447-2688
Red Oaks Second Addition
(04sc:iption of :;:rcjedlName of development)
TU.5i'l'. R22W, 36. NE~. Ln''''' 1. Rlnc~ 1 RA.-1 ().:<l,k.s ",~r'l;~ion, ?=ior Lake, Scott Co.
(loc::tion ofworlc Township, Range. S=:ion. atr. Sea.ion,l.Dt, 810~ Subdivision. G.'ty. County)
(For se:;ason~lf:lnnU::l1 QXClmption ;tac., propOSed general 10Qtion information. i.e. maps. aerial photos)
Tne wetland activity at the above site is exempte~, or in compliance with the Wetland Conservation Act
tyVCA) for the following reason: [Please Circle (A~C), CD). OR (E)J'
This exemption certification expires
(0-)
(A) A Wetland Does Not Exist:; OR
(B)
Exemption ;:.
5
(per MN Rule Chapter 8420)'
Description of Exemption, fill area and type of wetland:
AC'jon taken bv the City or Pri9r lake to install oublic ublities caused !his wetland <3reCl to deve!oo
due to excavation durina construction. A nn""~Y; 11';:> t" Q 1 v
w~1' np ~;;l~rl. arlrl;r;n~~ly 110 ~_~
r-f1'~d l'~incr t-hp npfT1in'rTI;<:: P'".QfT1""t"ir"'n
7q? c:; ..
r"lf "Y;:'''' 4
r"'~ ,.y~P 4 ~etland
"Je..:tland will be
;OR
(C)
Wetland Loss Has Been Avoided; OR
(DJ
Wet!and Has-Been Replaced As Per Ap:;lrovea Pl:..T1 tattEched}; OR
. . . , .
(E)
No Loss Determination (attach plans).
The information provided fer this determination is trutlifui and aC:::.Jrate to the best of my knowledge.
r~-L.~ '/O/D/<97
(AppfJC:.Urt Signature) I I (Oaled)
~/~
(L'GU Oflicfal Sillnature) /'
/0-9--7>7
(Doted)
THIS CERilF1CA TION ONLY APPLIES TO TrlE 'NCA OF 1991. ?ennit: from focal. staib. and feciet3/ 3gC1lCes trr.Iy
be ~\lired. Chedc; with ttle approoria18 aulhori~ tlefore c::mmencing 'Hone in or /\ear wetlands.. The Com!:ined Project
Nolffic:::lioJ\ (orm =n be used for this purpose. .
FOR ALL EXEMPTIONS: A landowner C=raining or tilling a we!.l:lna under an ...........,.~on shaU ensure that: 3p;:ropriate en::sion
~ntrol mea:sures are taken to ;revenl ~edimentatiO<1 of L'le water. :he C=rain or fin C;:;es net clodo; tisn passage. anI! 11:e drain or tHe
is ccnduc:ed in c::mp!ianC8 witl'l aJJ other 3tlpJicaole federal. st;te and local requirements. inducing ~ management pr::c:i=:;
and water resource proiec:ion requirements estabflShed ur.der MiMe:scl1l Slatll~. O1~ptef 103H.
(S'NS~JJ 10117JS:3)
A.:~~c....-rt.1cr
;~
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. -
Scott Soil and Water
Conservation District
Date: October 30, 1997
Atten: Stephen A. Albrecht
William R Engelhardt Associates, Inc.
Consulting Engineers
l\1D 52 1107 Hazeltine Boulevard
Chaska, i\'L'f. 55318-1008
Re: Red Oaks Second Addition Project Notification Review
Dear Ivlr. Albrecht;
107 Water Street
Jordan, MN. 55352
A review of the documents provided on the above mentioned subdivision has been
reviewed by the Scott Soil Water Conservation District (SWCD). Additional information
was obtained by the SWCD to gain a historically perspective on the site and the area
proposed for fill. Aerial photographs from the years 1951, 1957, and 1964 were also
reviewed. The information on these photographs confirmed the non-existence of the
channel prior to 1974.
We concur with the proposed exemption.
Sincerely,
J29~
Peter J. Beckius, District Manager
SCott Soil and Water Conservation District
cc: Lanol Leichty, City of Prior Lake
r.
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II!
. ~
LOT CALCULATIONS
AREA TABULATIONS:
TOTAL PLAT AREA='105,336.29 sq. ft. or 2.42 ac.
RIGHT-OF-WAY AREA = 10,362.18 sq. ft. or 0.23 ac.
LOT 1
TOTAL AREA = 26,886.48 sq. ft. or 0.62 ac.
AREA ABOVE EL. 904 = 17,845.59 sq. ft. or OA1 ac.
AREA BELOW EL. 904 = 9,040.89 sq. ft. or 0.21 ac.
WETLA1'ID AREA IN LOT = 261.73 sq. ft.
LOT 2
TOTAL AREA = 36,843.33 sq. ft. or 0.85 ac.
AREA ABOVE EL. 904 = 33,766.45 sq. ft. or 0.77 ac.
AREA BELOW EL. 904 = 3,076.88 sq. ft. or 0.08 ac.
WETLAND AREA IN LOT = 8,199.68 sq. ft. or 0.19 ac.
LOT 3
TOTAL AREA = 31,244.30 sq. ft. or 0.72 ac.
AREA ABOVE EL. 904 = 30,098.66 sq. ft. or 0.69 ac.
AREA BELOW EL. 904 = 1,145.64 sq. ft. or 0.03 ac.
WETLAJ.'ID AREA IN LOT = 1,445.45 sq. ft. or 0.03 ac.
SETBACKS
50' FROM ELEVATION 904
30' FROM WETLANDS
25' FRONT AJ.'ID REAR YARD
10' SIDEY ARD
LOT FRONTAGE WIDTHS AT STREET RIGHT- OF-WAY
LOT 1 = 140.09 ft.
LOT 2 = 90.00 ft.
LOT 3 = 90.00 ft.
. .
EXHIBIT J
HARD SURFACE CALCULATIONS &
DRlYE\VA. Y AGREE'\;IEi'iT
6
OC7-30-1957 12:22
l)ALLEY SUP.l)E\'! ~1G CO.
612 '"'~;' 2571. P.Ol
CITY OF PRIOR LAKE
Impervious Surface Calculations
(To be Submitted with Building Permit Application)
" For All Properties Located in the Shoreland District (SD).
The Maximum Impervious.Surface Coverage Permitted in 30 Percent.
Property Address
\ cs .s S 0 B~t!E:'Z..Y ~o,,vr ROAQ IU~i Z EX;, HCXl~)
Lot Area 3b 1843. '3"3 Sq. Feet x 30% = .............. \ \ , D ~ ~
.***********~***********************************************************
ATIACHED GARAGE
LENGTH WIDTH SQ. .t'.t::..t::.l
50 .X 25 = 11~OO
40 x '2.z" = S'3c
Zb x Zb = b1b
HOUSE
TOTAL PRINCIPLE ~l.KUcrURE..~............_....
2. '1Sb
I
DETACHED BLDGS
(Garage/Shed)
x
x
TOTAL DETACHED BUILDINGS.......................
~/A
DRIVEWA YrP A VED AREAS
(Drivew~y-paved or not)
(Sidewalk/Parking Areas)
x
X
X
:;
=
=
TOTAL P.>\. YED AREAS.........................................
2,D55
P ATIOS/PORCHES/DECKS '-'2... x (I...I 30~
(Open Dew Yo" min. opening between X =
boards., with a pe...."iotU surfa.ce below, 2.0 b \ l... 0
an: noC considcrd to be im9czviotU)
X =
TOTAL D E CKS.............-..-.....-....-......................-.;
~7.c.
OTHER
X
X
=
=
TOT AL 0111ER............................ .................... ......
0/A-
TOTAL IMPERVIOUS SURFACE
(UNnEB)oVER
51L4~L
5, b 1\
.
r J.....t'ared By
Date
Compa.'"1Y
Phone #
TOTAL P.01
DECLARATION OF DRIVEWA Y EASEMENT
This Declaration is made by Michael S. Benedict, a single person (the
Declarant), to establish a common driveway easement for the benefit of the following
parcels, (any of such parcels being referred to herein by use of the capitalized term
"Lot"), to-wit:
Lots 2 and 3, Block 1, Red Oaks Second Addition, Scott County, Minnesota.
NOW THEREFORE, the Declarant hereby declares and establishes a
nonexclusive easement for ingress, egress and driveway purposes, which shall be
appurtenant and run with the title to each of the Lots and subject to the covenants and
charges herein, over, across and upon the following portions thereof, (the Driveway
Easement), to-wit:
A strip of land, 25 feet in width, the southerly and westerly lines of which are
described as follows:
Commencing at the most easterly corner of Lot 3, Block 1, Red Oaks Second
Addition, Scott County, Minnesota, thence South 610 47' 15" West a distance of
56.49 feet, thence South 820 41' 26" West a distance of 80.00 feet; thence North
660 18' 34" West a distance of 105.00 feet; thence North 450 18' 34" West a
distance of 70.00 feet and there terminating.
1. IMPROVEMENTS, MAli"\fTENANCE AND RESTORATION. (a)
Improvements. The cost of improvements to the Driveway Easement shall be paid
equally by the owners of each of the Lots.
(b) Routine Maintenance. The reasonable cost of repair and maintenance
of the Driveway Easement necessitated by ordinary wear and tear shall be paid equally
by the owners of each of the Lots.
(c) Restoration. If the Driveway Easement or any improvements thereto
are damaged or destroyed by any cause, any owner who has use for the Driveway
Easement may restore it, and the owners of the other Lots shall reimburse the owner
who paid the cost of the restoration in proportion to their respective use, together with
interest on the proportionate share at the maximum legal rate from the date of
completion of the restoration.
100797
. .
'.
(d) Other Rights. Nothing in this Declaration shall prejudice the
common law or statutory rights of any owner to recover from any other owner for
negligent or willful acts or omissions'.
2, LIEN RIGHTS. Any owner who claims a right to contribution or
reimbursement for repair, maintenance, restoration or protection of the Driveway
Easement shall have a lien on all Lots benefited by such repair, maintenance,
restoration or protection for the amount due, together with interest at the maximum
legal rate from the due date and the costs of the collection proceeding, including
reasonable attorneys' fees, from the date of filing a Notice of Lis Pendens describing
the claim and the benefited Lots. However, no lien shall be effective against any bona
fide purchaser or lienor for value of any such Lot who files his conveyance or the
document evidencing his lien prior to the filing of the Notice of Lis Pendens. The lien
created by this Section 2 may be foreclosed in a like manner as a foreclosure by action
of a mortgage on real property,
3. LIJ\lIIT A TION. No owner of a Lot shall cause or permit obstruction of or
interference with the rights in or use of the Driveway Easement by any other owner.
4, GENERAL PROVISIONS. (a) Duration, This Declaration shall bind and
inure to the benefit of each owner of the Lots, and his respective heirs, successors and
assigns, for a term of twenty (20) years from the date it is recorded. Thereafter, this
Declaration shall automatically renew for successive periods of ten (10) years.
(b) Amendment. This Declaration may be amended with the written
approval of the record owners of the Lots. Any amendment shall be made in fIleable
form and effective on the date of fIling with the Scott County Registrar of Titles.
(c) Plural. The singular shall include the plural, and plural may be read
as singular, where appropriate, and unless the context otherwise requires.
(d) Gender. The masculine gender may be read as the feminine gender
or the neuter gender, where appropriate, and unless the context otherwise requires.
,
( e) Liability. The obligations of the owners of the respective Lots shall
be joint and several, except where the context otherwise requires.
(f) Enforcement. Any owner may enforce, by a proceeding at law or in
equity, or both, any provision of this Declaration. The proceeding may seek to restrain
the violation and to recover the damages resulting therefrom, together with the costs of
the proceeding, including reasonable attorneys' fees.
2
--,
, .
(g) Captions. The captions herein are inserted only for convenience and
reference and do not limit the scope of this Declaration.
(h) Seve~a~ility. Invalidation of any provision of this Declaration by any
Court shall not effect the remainder hereof, which shall continue in full force and
effect.
EXECUTED IN WITNESS HEREOF on this 7th day of November, 1997.
;t~,?I~
Michael S.I Benedict
STATE OF MINNESOTA)
)ss.
COUNTY OF SCOTT )
This Declaration of Driveway Easement was acknowledged before me on this
7th day of November, 1997, by Michael S. Benedict, a single person.
!2ttClt_<L'/ _?h '
N orary Public
~~~
!I
This instrument was drafted by:
HUEMOELLER & BATES
Attorneys at Law
16670 Franklin Trail
Prior Lake, MN 55372
l~ ANCREA" BUSZ"ANN'
f~ .!!11~ NOT.~RY PlI!lllC.' MINNt~OT'\
\~!'t~ SCOTT COUNTY
'~.... MwC .... ~Jan.31 ~ .
3
Minnesota Department of Natural Resources
Metro Waters - 1200 Warner Road, St. Paul, MN 55106-6793
Telephone: (612) 772-7910 Fax: (612) 772-7977
November 25,1997
. .
) _rn@~ow~,~"
\ , J DEe - I 1991
t _~
Ms. Jane Kansier
City of Prior Lake
16200 Eagle Creek Avenue, S.E.
Prior Lake, Minnesota 55372-1714
RE: RED OAK SHORES SECOND ADDITION PRELIMINARY AND FINAL PLAT
Dear Ms. Nmsier:
I have reviewed the materials you submitted to this office relative to the subject zoning matter, and offer the following comments
on behalf of the DNR.
The DNR has been involved in the review of this project for a number of years. Originally, DNR contended that the small wetland
and channel connecting it to Prior Lake on the east edge of the project was part of Prior Lake, and that structure setbacks from the
wetland should meet the required 75' (since changed to 50 feet). This position was CvLLUoUunicated to the city in letter form a couple
of years ago. The applicant has since demonstrated, by historic air photos, that the wetland was at one time D2! connected to Prior
Lake at the ordinary high water elevation. and was artificially connected in approximately 1974. Subsequently, the DNR signed
a stipulation agreement with Mr. Benedict on October 22, 1997 acknowledging that the wetland area and channel are not part of
Prior Lake, for regulatory purposes. As such, structure setbacks from the lake would not be applied to the wetland and channel.
It appears the three proposed lots therefore meet the required size and width requirements, impervious surface coverage
requirements can be met, and lake setbacks (with the exception of the existing home on proposed Lot 2) can be met No DNR
permits are required for the project as depicted on the drawings which accompanied the review checklist you provided to me.
I note that the D.8lT8tive included in your submittal indicates that no living space will be allowed below elevation 910 for these lots.
In a..-...:ance with your floodplain ordinance, low floors of structures, including crawl space, must be at or above the regulatory
flood protection elevation (RFPE). For Prior Lake, the RFPE is elevation 909.8' (the 100-year flood elevation of 908.9' plus one
foot).
I also note the grading on proposed Lot 3 appears to extend beyond the property line. Please check to verify if this is the case, and
whether this is allowable.
With the determination that the wetland and channel are not part of Prior Lake for shoreland zoning and DNR permitting purposes,
and with the lake setback reduced to 50' since our initial review of this project, it appears the project meets the shoreland
requirements. The DNR has no further comment on the project
Thank you for providing the DNR the opportunity to comment on the project If you have any questions, please call me at 772-
7910.
~L~
Patrick/~~ .
Area Hydrologist -. .
DNR Information: 611-196-6157. 1-800-766-6000 . TTY: 611-196-5484. 1-800-657-3919
An Equal OpponunilY Employer
Who Values Di'.ersilY
ft Printed on Recycled Paper Containing a
c.., "linimum of 10'" PO'I-Con,umer W"te
.4)J q1~53
I have reviewed the attached proposed request (Red Oaks 2nd Addition) for the
following:
,~
I
I
I
I <
LX
..
Water
Sewer
Zoning
Parks
Assessment
Policy
Septic System
Erosion Control
x
City Code
Storm Water
Flood Plain
Natural Features
Electric
x
Grading
Signs
County Road Access
Legal Issues
Roads! Access
I'
Gas
Other
Building Code
X conditional~pproval
Recommendation:
Approval Denial
Comments:
./) 71Jet1?J a. /?Ot:e. t1'n lJa.ae- :jof S ~ fJ,1l./J!a.,..> -;-~a-:r re:fd5 --toalt'L;;,efl;fp,r,7
- I?vect)"LJ Ekvc..-h~ :.f (/(107. 7 ~ -7h/""3 e/e.,/cdidn dDe~ /Jot: h7ak a/) v .5fi.,s-e.
'd!.,TJ.. -;/'e- (./)rrpifh'\c\~'O Ct::nt..DJ.JI> a.<r -/Ie- clriVe~/~ /oco-nOn. n/~ .sAcu'iJ be Cb"eae).
~I'~ dtdiJ.;/ shrx,,1J he.. sJm/.ln en tJ.<- ~ Se.(-t'J-cn {Dr ("'.L.tSe.. r,+ C/)(Jt/iu:tn..r ~~
f'r' a ~-tz., -<;~)...e> /'?"tP).. I
, /.
2).2lI W If) in - })l~"x, -Ih- ~ 5 j ar~e.. p~Atb+j7'J(\5 ;m 1. i'fr, I ~ 3.
H k ~tn7d 1"'~J.pA UJW~ /'/nH'A / Ily Ih/)~YJ /V;(dM1
, 1!;r-r(A 1111,f/97 ~---~
Signed:
c.----
~J1~
P' ~
Date:
1/-/-1-7'7
Please return any comments by Fridav. November 21.1997, to
Jane Kansier, ORC Coordinator
City of Prior Lake
16000 Eagle Creek Avenue SE
Prior Lake, MN 55372
Phone: (612) 447-4230
Fax: (612) 447-4245
1:\9 7files\97 subdiv\preplat\redoaks2\referral.doc
Page 2
MEMO
TO:
FROM:
RE:
DATE:
JANE KANSIER, DRC COORDINATOR
VERL YN RAAEN, ENGINEERING TECHNICIAN
RED OAKS 2ND DRC PROJECT REVIEW CHECKLIST (CaN'T)
NOVEMBER 18, 1997
Attached are supplemental comments to Lani Leichty comments dated 11/14/97.
1. Existing sanitary sewer and water service stubs must be showTI on the utility plan.
2. Lot 3 service lines must be installed across Lot 2 and 5' into Lot 3 as part of the
developer's agreement.
3. - Provide the City with a copy of the construction easement adjacent to Lot 3 prior
to commencing construction.
4. How is surface stormwater fUnoffbeing conveyed in the drainage easement on the
south line of Lot 3 in the fill area?
5. Add the following note to the grading plan.
NOTE:
Building permit applicants for construction of homes on Lots 1 &.3 shall submit
to the City with the BP application a detailed grading plan illustrating l' contour
intervals on the subject lot which tie into the building pad of the abutting lots.
These contours shall clearly illustrate all proposed drainage swales on the subject
. . lot.
~ ----'T
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C .'.'.:,,'">,. ~
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~N::;9
lliTEROFnCEMEMORANDUM
PLANNING ~
Ralph Teschner
Red Oaks 2nd Addition
(assessment/fee review)
November 13, 1997
TO:
FROM:
RE:
DATE:
The proposed plat of Red Oaks 2nd Addition comprises Lots 43-47 Red Oaks (PIN# 25 042028
0) and .67 acres in 35-226-22 (PIN# 25 935 032 0). The property was initially served with sewer
and water utilities in 1973 under Project 73-6. These lots were 100% assessed for frontage and
trunk acreage charges. Under the original assessment roll these lots were assessed 150' currently
and 273.72' deferred. Subsequently on April 1, 1977 the Council removed 123.72 feet on Lot 47
and certified a five year deferral period for the remaining 150 feet.
The tax status of the property is in a current state with no other outstanding delinquencies. All of
the above described special assessments have been paid.
Since utilities are available to the property site, the cost for the extension of services internally
will be the responsibility of the developer. In addition to these improvement costs, the
subdivision will be subject to the following City charges:
Stormwater Management Fee
Collector Street Fee
16.8 cents/sq.ft.
$1500.00/acre
Lot 2 Block 1 Red Oaks 2nd Addition would be exempt from these fees since an existing home
is located on this parcel. The remaining two lots would be subject to the application of these City
charges which would generate the following costs to the developer based upon a net lot area
calculation of 1.30 acres of single family lots (56,424 sq. ft.) as provided within the site data
summary sheet of the preliminary plat description:
Storm Water Management Fee:
56,424 sf@ 16.8/sf= $9,479.00
Collector Street Fee:
1.30 acres @ $1500.00/ac = $1,950.00
These charges represent an approximate cost of $5715 per unit for the two newly created lots
within Red Oaks 2nd addition. Assuming the initial net lot area of the plat does not change, the
above referenced storm water and collector street charges would be determined and collected
within the context of a developer's agreement for the construction of utility improvements at the
time of final plat approval.
16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY' EMPLOYER
H:ISPLITSISPL9717.DOC
Minutes of the Prior Lake City Council
May 4, 1992
Mr. Arnoldi stated that the City Council is the first step in the
valuation appeal process and he would meet personally with anyone
who wished to discuss their property valuation. Council
concurred that Mr. Arnoldi would prepare his recommendation for
all appeals and submit them to the Council within twenty days,
and the Council will conduct a special meeting to consider
Arnoldi's recommendation on Tuesday, May 26 at 7:30 p.m. in the
Council Chambers of Prior Lake City Hall. The Council will
accept, reject or accept in ~art, each recommendation. All
persons who attended the pub11C hearing will be notified of the
meeting br mail as well as a notice being placed in the Prior
Lake Amer1can
A short recess was called.
The meeting was reconvened at 10:05 p.m.
The next order of business was: Public Hearing To Consider
Preliminary Plat of Red Oaks Second Addition. Mayor Andren
called the public hearing to order at 10:06 p.m. and read the
public hearing notice as it appeared in the Prior Lake American
on April 20 and 27, 1992. City Manager Unmacht introduced Brrce
Huemoeller, legal representative for the applicant, M1ke
Benedict. Mr. Huemoeller presented details of the proposal and
handed out a copy of a letter to the Council responding to the
Planning Report regarding the preliminary plat of Red Oaks Second
Addition. Ron Swanson, Valley Surveying Company, discussed the Red QM~
proposed roadway and other aspects of the property. Dan
Reiland, builder and developer, expressed support regarding the
project. City Planner Graser discussed details of the five
var1ances and reviewed the planning report. Pat Lynch of the DNR
expressed concern over the proposed density and possible damage
to shoreland areas.
Mayor Andren submitted into the record a petition to deny
application received from the neighboring property owners. Jim
Pint, 15427 Steffan Circle, requested access be granted to his
lot if the access is granted for the proposed subdivision. Tom
Watkins, a former Councilmember, discussed the history of Red
Oaks, "land locked" lots and the vacation of Breezy Point Road at
the request of Mr. Benedict. The applicant addressed the
Council with regard to his intent when he requested the City to
vacate the roadway. Extensive discussion occurred regarding
deferred assessments, vacation of the roadway, private road
requirements, density, the proposed plat, the variances required
and whether or not the pond is part of the lake itself.
MOTION MADE BY WHITE, SECONDED BY , TO TABLE THE Red Oak,4
REQUEST TO ALLOW THE APPLICANT AND THE NEIGHBORS TO MEET TO 2n4 and.
DISCUSS THE PLAT AND ATTEMPT TO REACH AN AGREEMENT.
The motion died for lack of a second. Discussion occurred.
MOTION MADE BY FITZGERALD, SECONDED BY WHITE, TO TABLE UNTIL JUNE Red QM4
15, AT 7:35 P.M. TO ENABLE THE APPLICANT TO HOLD A NEIGHBORHOOD Table
MEETING AND FOR STAFF AND CONSULTING ENGINEER TO EVALUATE THE
FEASIBILITY OF THE ROADWAY TO THE PROPERTY.
4
.1
Minutes of the Prior Lake City Council
May 4, 1992
Upon a vote taken, ayes by Fitzgerald, and White, nays by Andren,
Kedrowski and Scott. The motion failed.
MOTION MADE BY KEDROWSKI, SECONDED BY SCOTT, TO DENY THE
PRELIMINARY PLAT APPLICATION FOR RED OAKS SECOND ADDITION.
U~on a vote taken, ayes by Andren, Kedrowski and Scott, nays by
F1tzgerald and White. The motion carried. No action on the
Final Plat is required.
A short recess was called.
The meeting reconvened at 11:35 p.m.
The next order of business was: Second Consideration of Eurasian
Milfoil Ordinance 92-01. City Manager Unmacht recognized those
persons who had worked on the ordinance: Jerry Meysembourg, Tom
Watkins and Peter Patchin. The riparian policy notice was
discussed briefly. Mayor Andren asked if anyone in the audience
wanted to comment on the policy and ordinance. There were no
comments from the audience.
MOTION MADE BY KEDROWSKI, SECONDED
EURASIAN MILFOIL ORDINANCE 92-01.
BY
FITZGERALD,
TO
APPROVE
Upon a vote taken, ayes by Andren, Fitzgerald, Kedrowski, Scott
and White, the motion passed unanimously.
City Manager Unmacht commented that a Search Coordinator had been
hired and all participants in the milfoil activities will begin
their work soon. Mr. Unmacht also noted that a local access
cable television program will be aired on the eurasian mil foil
management and control activity. Council thanked the Lake
Advisory Committee and others who had worked on creating the
ordinance.
The next order of business was: Consider Restrictive Covenant
Agreement with Dave and Dorothy Watzl. Parks Director, Bill
Mangan, presented details of the Agreement. Discussion occurred
on whether the Agreement specified handicapped and pedestrian
access. Council concurred that this provision should be added to
the Agreement. Further discussion occurred on whether or not a
warranty deed existed which identifies the access restrictions,
lake access by deeded property owners, and the intent of past
Council when they acquired the property.
MOTION MADE BY KEDROWSKI, SECONDED BY WHITE, TO TABLE UNTIL TIME
CERTAIN TO ADDRESS THE FOLLOWING ISSUES:
1. ATTORNEY TO RESEARCH ISSUES AS DISCUSSED.
2. CHANGE AGREEMENT TO SPELL OUT HANDICAPPED AND
PEDESTRIANS ACCESS.
3. RESEARCH DEEDED ACCESS AND SPECIFIC LOT OWNERS ELIGIBLE
FOR THIS ACCESS.
Upon a vote taken, ayes by Andren, Fitzgerald, Kedrowski, Scott
and White, the motion passed unanimously.
5
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aR 92-00
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frJil{..oil
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A5)Il.eemeru
Prior Lake City Council Minutes
December 20, 1993
Upon a vote taken, ayes by Andren, Fitzgerald, Kedrowski, Scott and
White, the motion passed unanimously.
5. PRESENTATIONS:
A. Presentation to Retiring Councilmembers John Fitzgerald and
Gene White.
Mayor Andren presented a plaque of appreciation to retiring
Councilmembers Fitzgerald and White for their years of service to
the community. Both Councilmember Fitzgerald and White
addressed the Council and audience with comments regarding their
years as Councilmembers for the City 01 Prior Lake. On behalf of
the Council, Mayor Andren wished Mr. Fitzgerald and Mr. White the
best of luck for the future.
6. PUBLIC HEARING
8:00 p.m.
A.
Public Hearing to consider Abbreviated Subdivision of Red
Oaks Second Addition for Mike Benedict - Mayor Andren called
the Public Hearing to order at 8 :00 p.m. and read the notice as it
appeared in the Prior lake American on December 4 and 11, 1993,
and explained the process to be used during the hearing. City
Manager Boyles gave the introduction and read into the record a
petition signed by residents in opposition to Mr. Benedict's request.
This petition will be on file in the City Manager's office. City Planner
Graser presented an overhead depicting the proposed subdivision
and discussed details of the request. Points for the Council to
consider included making a determination as to whether the pocket
bay is a part of the lake or a wetland (the DNR had previously ruled
that it has elements of both). Extensive discussion occurred on the
definition of what constitutes a lake bed, setback variances,
previous assessments and use of a private access road. The
applicant's attorney, Bryce Huemoeller, addressed the Council with
regard to Mr. Benedict's request. Supporting material and aerial
view photographs were also handed out to Council. One point of
discussion was the assessments paid by Mr. Benedict. Mayor
Andren referred to a report stating that sewer and water provided to
Mr. Benedict in 1972 and 1973 were assessed, but Mr. Benedict
appealed the assessment on the basis that the lot was only one lot
and deferred assessments pending subdivision of the property. A
discussion occurred regarding the practice of averaging the
assessments, precedent created by variances, and setbacks from
wetlands as stated in the Shore/and Management Ordinance.
-2-
Prior Lake City Council Minutes
December 20, 1993
MOTlON BY FITZGERALD, SECONDED BY KEDROWSKI, TO
APPROVE THE RED OAKS SUBDIVISION AND PRELIMINARY
PLAT SUBJECT TO THE FOLLOWING:
. Staff and legal Counsel develop the Findings of
Fact setting forth the unique features of this
property to justify a private road.
. The applicant must submit the proper variance
requests from required front yard setbacks.
. A determination as to whether the pond area Is or
is not construed as lake bed.
Further discussion occurred regarding the definition of a
private road.
Upon a vote taken, ayes by Fitzgerald, Kedrowski, and
White. Nays by Andren and Scott. The motion carried.
MOTlON BY WHITE, SECONDED BY SCOTT TO CLOSE THE
PUBLIC HEARiNG.
Upon a vote taken, ayes by Andren, Fitzgerald, Kedrowski, Scott
and White, the motion passed unanimously.
8:30 p.m.
A short recess was called
The meeting reconvened 9:50 p.m.
B. Public Hearing to consider approval of Subdivision and
Variance for Ken Lillyblad - Mayor Andren called the public
Hearing to order at 10:00 p.m. and read the public notice as it
appeared in the Prior Lake American on December 4 and 11, 1993.
Mayor Andren explained the process that would be used during the
hearing. City Manager Boyles introduced Planning Intern, Gina
Mitchell, who presented details of the Administrative Land Division
and discussed the requirement for two variancss to subdivide the
area from five to three lots. Ms. Mitchell stated that there had been
no negative comments from adjacent neighbors, DNR or utility
companies. A short discussion occurred.
MOTlON BY FITZGERALD, SECONDED BY KEDROWSKI, TO
APPROVE THE ADMINISTRATlVE LAND DIVISION AND
VARIANCES AS REQUESTED, SUBJECT TO SIX CONDITIONS
AS FOLLOWS:
1. The existing garage on lot 13 be removed.
-3-
.RSOOCc-
RESOLUTION 94-09
RESOLUTION OF THE PRIOR LAKE CITY COUNCIL TO DENY THE PRELIMINARY PLAT
APPLICATION OF MICHAEL BENEDICf FOR THE SUBDIVISION OF RED OAKS SECOND
ADDITION.
MOTION BY:
GREENFIELD
SECONDED BY:
SCOTT
WHEREAS,
The Prior Lake City Council conducted a Public Hearing on the 20th day of
December, 1993, at 8:00 P.M. in the City Council Chambers and provided an
. opportunity for anyone interested in this application to be heard; and
WHEREAS,
that notice of the public hearing on said petition has been duly published and
posted in accordance with the applicable Minnesota Statutes; and
WHEREAS,
the City Council, after hearing testimony, moved to approve the Preliminary Plat
proposal of Red Oaks Second Addition subject to three (3) contingencies being
met; and
WHEREAS,
the implementation of the second contingency would violate section 7.6 of the
Prior Lake Zoning Ordinance; and
WHEREAS,
the third contingency required for approval was a detern1ination that the
northeasterly portion of the proposed plat not be part of the lake bed of Prior
Lake; and
WHEREAS,
Pat Lynch, Area Hydrologist for the Department of Natural Resources, had
previously detennined that the northeasterly portion of the proposed plat was part
of the lake bed of Prior Lake by letter dated December 14, 1993; and
WHEREAS,
Mr. Lynch again confirn1ed that the northeasterly portion of the proposed plat
was part of the lake bed of Prior Lake at a meeting held in City Hall on
December 27, 1993, and attended by Horst W. Graser, Planning Director; Bryce
Hoemueller, Attorney for the applicant; Ron Swanson, Surveyor for the
applicant; Gina Mitchell, Associate Planner; and Pat Lynch, Area Hydrologist.
4629 Dakota St. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNTlY EMPLOYER
Page 2
RESOLUTION 94-09
NOW, THEREFORE, BE IT HEREBY RESOLVED, BY THE PRIOR LAKE CITY COUNCIL
OF THE CITY OF PRIOR LAKE, MINNESOTA, THAT THE PRELIMINARY PLAT OF RED
OAKS SECOND ADDITION IS HEREBY DENIED.
Passed and adopted this 7th day of February, 1994.
Andren
Scott
Greenfield
Schenck
Kedrowski
Yes
X
X
X
.X
,Ahsent
No
Andren
Scott
Greenfield . /"
Schenck ,~ / i
Ke'dIlfwski/ 1\ -A Y
.~ /,/,..t YT 1l..JL--"'-
Frank Boyl~' /' /
City Manager----
City of Prior Lake
{ Seal}