HomeMy WebLinkAbout7A - Wilds Residential and Commercial
NOTICE
ITEM 7 A - Consider the Following Issues for the Wilds:
1. Confirm City Council approval of Comprehensive Plan
Amendment following September 9 Metropolitan Council
action.
2. Consider Negative Declaration for E.A.W.
3. Consider Approval of Consolidation of the Wilds P. U .D.
The deadline for agency comment on the EAW is 4:30 p.m. Wednesday,
September 15. To provide review those comments and prepare our
responses, these agenda items will be distributed on Friday along
with Frank's Update memorandum.
The Planning Commission conducted a Public Hearing on
September 2, 1993, for the purpose of consolidating the
commercial and residential uses. There was no public testimony
from the audience. The Planning commission adopted Resolution
93-12PC, which recommends the consolidation.
ALTERNATIVES:
1.
2.
3.
Approve Resolution 93-83.
Deny the requested PUD.
Continue the hearing.
RECOMMENDATION: Alternative number 1.
ACTION REQUIRED: A motion to rescind Resolution 93-54 and a motion to approve
Resolution 93-83.
AGND7A
-2-
RESOLUTION 93-83
RESOLUTION OF THE PRIOR LAKE CITY COUNCIL TO APPROVE THE
SCHEMATIC AND PRELIMINARY PUD PLAN FOR THE WILDS.
MOTION BY:
WHEREAS,
WHEREAS,
WHEREAS,
WHEREAS,
WHEREAS,
WHEREAS,
WHEREAS,
SECOND BY:
the Planning Commission held a public hearing on the 2nd day of
September, 1993 to consider a petition submitted by Prior Lake
Development L.P. to approve the Schematic and Preliminary PUD of The
Wilds; and
Notice of the public hearing on said motion has been duly published and
posted in accordance with the applicable Minnesota Statutes.
the PUD is consistent with the Comprehensive Plan; and
the PUD has organized land uses and design in a manner which
harmonizes with both existing and proposed development in the area
surrounding the development; and
the PUD has met the requirements outlined in Section 6.11 of the Zoning
Code; and
the Planning Commission has recommended approval of the Schematic
and Preliminary PUD subject to the conditions outlined in their Resolution
93-12PC; and
the City Council held a hearing on the 20th day of September, 1993 to
consider a petition submitted by Prior Lake Development L.P. to approve
the Schematic and Preliminary PUD plan for The Wilds.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF PRIOR LAKE,
MINNESOTA, that it should and hereby does approve the Schematic and Preliminary PUD of
The Wilds, subject to the following:
1. Rescind Resolution 93-54.
2. Deviations to the Zoning Standards as contained in the Preliminary PUD.
4629 Dakota St. S.E., Prior Lake, Minnesota 55372 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTLJNITY EMPLDYER
3. The screening plan for the maintenance site and the tree planting plan be developed by
the applicant and approved by Staff for final plat approval.
4. A wilderness easement include no redivision of lots and the reduction in wooded areas be
limited to removal of dead trees only.
Passed and adopted this 19th day of July, 1993.
YES
NO
Andren
Fitzgerald
Kedrowski
Scott
White
Andren
Fitzgerald
Kedrowski
Scott
White
Frank Boyles
City Manager
City of Prior Lake
{ Seal }
" RS9383"
9312PC
RESOLUTION 93-12PC
RESOLUTION OF THE PRIOR LAKE PLANNING COMMISSION TO
APPROVE THE SCHEMATIC AND PRELIMINARY P.U.D. PLAN FOR THE
WILDS.
MOTION BY:
WHEREAS,
WHEREAS,
WHEREAS,
WHEREAS,
WHEREAS,
GREENFIELD
SECOND BY:
LOFTUS
that the Prior Lake Planning Commission conducted a Public
Hearing on the 2nd day of September 1993, to consider a
petition submitted by Prior Lake Development L.P., to approve
the Schematic and Preliminary P.U.D. Plan for The Wilds; and
that notice of the hearing on said motion has been duly
published and posted in accordance with the applicable
Minnesota Statutes; and
the P.U.D. is consistent with the Comprehensive Plan; and
the P. U.D. has organized land uses and design in a manner
which harmonizes with both existing and proposed development
in the area surrounding the development; and
the P.U.D. has met the requirements outlined in Section 6.11 of
the Zoning Code.
NOW, THEREFORE, BE IT RESOLVED BY THE PRIOR LAKE PLANNING
COMMISSION AS FOLLOWS:
1. Approve the revised Schematic and Preliminary P.U.D. Plan for
The Wilds, subject to:
4629 Dakota St. S.E., Prior Lake, Minnesota 55372 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLDYER
a. Deviations to the Zoning Standards as contained in the
Preliminary P.D.D.
b. The screening plan for the maintenance site and the tree
planting plan be developed by the applicant and approved
by Staff for final plat approval.
c. A wilderness easement include no redivision of lots and
the reduction in wooded areas be limited to removal of
dead trees only.
d. Resolution 93-06PC is rescinded.
Passed and adopted this 2nd day of September, 1993
YES
NO
Roseth
Arnold
Loftus
Greenfield
--X-
-.X..-
-.X..-
-.X..-
Roseth
Arnold
Loftus
enfield
RESOLUTION 93-54
RESOLUTION OF THE PRIOR LAKE CITY COUNCIL TO APPROVE THE
SCHEMATIC AND PRELIMINARY PUD PLAN FOR THE WILDS.
MOTION BY:
WHEREAS,
WHEREAS,
WHEREAS,
WHEREAS,
\VHEREAS,
WHEREAS,
\VHEREAS,
SECOND BY:
the Planning Commission held a public hearing on the 1st day of July,
1993 to consider a petition submitted by Prior Lake Development L.P. to
approve the Schematic and Preliminary PUD of The Wilds; and
Notice of the public hearing on said motion has been duly published and
posted in accordance with the applicable Minnesota Statutes.
the POD is consistent with the Comprehensive Plan; and
the POD has organized land uses and design in a manner which
harmonizes with both existing and proposed development in the area
surrounding the development; and
the POD has met the requirements outlined in Section 6.11 of the Zoning
Code; and
the Planning Commission has recommended approval of the Schematic
and Preliminary POD subject to the conditions outlined in their Resolution
93-06PC; and
the City Council held a hearing on the 19th day of July, 1993 to consider a
petition submitted by Prior Lake Development L.P. to approve the
Schematic and Preliminary PUD plan for The Wilds.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF PRIOR LAKE,
MINNESOTA, that it should and hereby does approve the Schematic and Preliminary PUD of
The Wilds, subject to the following:
1. The B-3 commercial districts be incorporated into The Wilds covenants and architectural
controls. '....
2. Deviations to the Zoning Standards as contained in the Preliminary PUD.
"
3. The screening plan for the maintenance site and the tree planting plan be developed by
the applicant and approved by Staff for final plat approval.
4. A wilderness easement include no redivision of lots and the reduction in wooded areas be
limited to removal of dead trees only.
4629 Dakota St. S.E., Prior Lake, Minnesota 55372 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLDYER
5. Approval of the Schematic and Preliminary PUD shall be effective upon
acknowledgement by the Metropolitan Council of the adjustment to the Metropolitan
Urban Service Line through the amendment to Prior Lake's Comprehensive Plan which
shall be no later than September 8, 1993.
Passed and adopted this 19th day of July, 1993.
YES
NO
Andren
Fitzgerald
Kedrowski
Scott
White
Andren
Fitzgerald
Kedrowski
Scott
White
Frank Boyles
City Manager
City of Prior Lake
{Seal }
'RS9354'
',,-
...---..
Rl 93
PlOt
03
CITY OF PRIOR LAKE
APPLICATION FOR REZONIN;
Prior Lake Development, L.P.
1520 Hunter Drive, Wayzata, MN 55391
(612)476-8028 WOrk Phone:
Prior Lake Development, L.P. Phone:
1520 Hunter Drive, Wayzata, MN 55391
Pittman - Poe & Associates, Inc.
10820 E. 4th St., Suite 101 Phone:
445-4455
476-8028
Appl icant :
Address:
Herne Phone:
Property CMner:
Address:
Consultant:
Address:
(918)665-8805
Location of proPQsed rezoning:
Present Zoning: R-l and B-3
Property Acreage
to be rezoned:
Intended use(s) of prop:rty:
Proposed Zoning:
Existing use
of Property: Agricultural
Residential and Commercial
PUD
Reasons fo r Request:
Deed Restrictions:
fu
x Yes If so, please attach.
Bas the Applicant prE.'ITiously sought to plat, rezone, obtain a variance or conditional
use permit on the subject site or any part of it: N;) x Yes What was
requested: R-1 and B-3
When:
SJ'BMISSION REOUIREMENI'S: (A) Complete application form. (B) Complete legal description
& Property Identification Nurrber (PID) - (C) Filing fee. (D)Deed restrictions, if
necessary. (E)Fifteen copies of a site plan and Certified Survey, drawn to scale
showing existing and proposed structures, lot boundaries, foliage and tOPJgraphy on
site and within three hundred (300) feet of the property. (F) Soil tests, if
pertinent- (G) Certified frem abstract firm the names and addresses of property-
owners within 300 feet of the exterior of the property lines of the subject
property.
ONLY COMPLRI'E APPLICATIONS WILL BE REVIEWED BY THE PLANNllG <:n1MISSION.
I
To the best of nw knowledge the information presented on this form is correct. In
addition, I have read Section 7.9 of the Prior Lake Zoning Ordinance which sp:cifies
requirenents for rezoning procedures. I agree to provide information and follow the
~z~e Ordinance.
Appl . ts Signatur
tJsf 3(), /993
Dat I
Fee CMners Signature
.......
Date
'lEIS SECI'ION 'lO BE FILLED IN BY THE PLANNllG DlREX:TOR
PLANNllG COMMISSION _APPRO\7ID
CITY a:m:cIL APPROlED
DENIED
DENIED
Di\TE OF HEARIN;
Di\TE OF HFARIN;
OJNDITIONS:
Signature of the Planning Director
Date
n~\1 1L1)3
PROPOSED REZONING
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"RS9382"
RESOLUTION 93-82
RESOLUTION OF THE PRIOR LAKE CITY COUNCIL ADOPTING THE NEGATIVE
DECLARATION FOR PREPARATION OF AN ENVIRONMENTAL IMPACf STATEMENT
(EIS) FOR THE WILDS GOLF CLUB AND RESIDENTIAL PLANNED UNIT
DEVELOPMENT (THE PROJECf) BASED UPON AN ENVIRONMENTAL ASSESSMENT
WORKSHEET (EAW) PREPARED PURSUANT TO MINNESOTA RULES, CHAPTER 4410.
MOTION BY:
SECONDED BY:
WHEREAS, the City of Prior Lake (the City), acting as the Responsible Governmental Unit
(RGU), prepared an EAW for The Wilds Golf Club and Residential Planned Unit
Development, dated April 1993 (the EAW); and
WHEREAS, the EA W was mailed to the Minnesota Environmental Quality Board (EQB) and
to all persons and agencies on the official EA W distribution list; and
WHEREAS, the EAW was published in the EQB Monitor on August 16, 1993; and
WHEREAS, the 30-day comment period expired on September 15, 1993; and
WHEREAS, the City has received and responded to the comments received during the 30-day
comment period; and
WHEREAS, the Metropolitan Council, at its meeting of September 9, 1993, approved the
amendment of the City's Comprehensive Land Use Plan to modify the Year 2000
Urban service Area to include the Project; and
WHEREAS, the Prior Lake City Council, by Resolution 93-81, passed and adopted at its
meeting of September 20, 1993, confIrmed approval of the Comprehensive Land
Use Plan amendment and that such amendment is effective.
NOW, THEREFORE, BE IT RESOLVED BY THE PRIOR LAKE CITY COUNCIL OF THE
CITY OF PRIOR LAKE, MINNESOTA, hereby finds that the Project does not have the
potential for significant environmental effects as defined in Minnesota Rules, Chapter
4410.1700, subpart 7.
4629 Dakota St. S.E., Prior Lake, Minnesota 55372 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLDYER
BE IT FURTHER RESOLVED, that the preparation of an EIS on the Project is not required or
recommended, and the City may issue the requested permits to allow construction of the Project
in compliance with the Rules of the Minnesota Environmental Review Program and in
conformance with the Minnesota Environmental Policy Act, subject to the developer's
compliance with applicable regulations of the Minnesota Department of Natural Resources and
the U.S. Army Corps of Engineers.
Passed and adopted this 20th day of September, 1993.
Yes
No
Andren
Fitzgerald
Kedrowski
Scott
White
Andren
Fitzgerald
Kedrowski
Scott
White
Frank Boyles
City Manager
City of Prior Lake
{ Seal }
THE WILDS GOLF CLUB AND RESIDENTIAL
PLANNED UNIT DEVELOPMENT
The City of Prior Lake Findings Regarding Negative Declaration
For Preparation of an Environmental Impact Statement (EIS)
Based Upon an Environmental Assessment Worksheet (EA W)
Prepared Pursuant to Minnesota Rules Ch. 4410
September 20, 1993
The City of Prior Lake (the City) is the Responsible Governmental Unit (RGU) for preparation
of the EAW for The Wilds Golf Club and Residential Planned Unit Development (the EAW).
The City Council of the City of Prior Lake hereby makes the following fIndings with respect
to the EAW:
A. The Wilds Golf Club and Residential Planned Unit Development (PUD) (the Project) is
proposed on 580.4 acres within the City of Prior Lake, Scott County, State of
Minnesota. Planned uses in the development include 466 units of single family homes
and villas, 35 acres of commercial land, and approximately 300 acres of golf course and
other green space. A separate EA W was prepared for the the 18-hole public golf course
component, and related green space. The property is owned by Prior Lake Development
L.P. (the Developer) and is currently undeveloped. The topography of the Property is
hilly, with steep ravines associated with intermittent creeks, ponds, and wetland areas.
There will be two access road points into the Project; one road will provide access to the
site over from County Road 83 (Mystic Lake Road), and the other from County
Road 82. Grading activities for the golf course have commenced; construction
associated with public improvements will commence in the fall of 1993 and will include
clearing and general site grading. The Project will open in the fall of 1994.
B. The Project is of the type specified in Minnesota Rules pt. 4410.4300, subp. 19(A)(4).
C. Permit status information has been identified as mandated in Minnesota Rules
pt. 4410. 1200(F).
D. The EAW has been mailed to the Minnesota Environmental Quality Board (EQB) and to
all persons and agencies on the offIcial EA W distribution list. The EA W was published
in the EOB Monitor on August 16, 1993. The 30-day comment period expired on
September 15, 1993.
E. The Project can comply with all applicable local regulations, codes, and ordinances.
F. The City Council of the City of Prior Lake (the City Council), at its regular meeting of
May 3, 1993, approved an amendment of its Comprehensive Land Use Plan to modify
the City's Year 2000 Urban Service Area to include the Project. The Metropolitan
Council, at its meeting of September 9, 1993, approved the amendment of the City's
Urban Service Area to include the Project.
G. The City Council of the City of Prior Lake, at its regular meeting of July 19, 1993,
approved a zoning amendment to changed the zoning classification of the Project to
Planned Unit Development (PUD) and Commercial (B-3); a Shoreland District (S-D)
overlay exists on portions of the property.
H. Comments have been received on the Project, and the City as RGU responds as follows:
1. The Department of Natural Resources (DNR) has reviewed the EA W for The
Wilds Golf Club Development and Residential PUD project and provided the the
following comments regarding the Project:
(a). The unnamed pond designated as wetland H (Chaklos Pond, Proto Waters
Basin #70-78) has been used by the DNR Fisheries Section as a walleye
rearing pond each year since 1991. There are currently 200,000 walleye
fry in this pond and adverse impacts to the watershed around the pond or
to the pond itself would adversely affect these fish and the future value of
this basin [or fisheries management.]
RESPONSE:
(1) The drainage tributary to Basins #70-78 will be enhanced. Two
storm water quality ponds will be constructed in accordance with
NURP standards.
(2) Water quantity will not increase.
(b). Mystic (Keup) Lake is used by commercial bait dealers. It has a
population of fathead and stickleback minnows. The City should take
measures to insure that the development of the site will not adversely
affect this natural and economic resource. In addition to providing
northern pike spawning areas, wetland areas on the site contribute to fish
habitat by providing natural control of runoff water quality and quantity.
RESPONSE:
(1) The DNR data base shows no record of game fish in Mystic Lake.
(2) No direct discharge of storm water will occur into Mystic Lake.
All storm water will be channeled through water quality ponds.
(c) The Project includes fIlling or other alteration of several small wetland
basins to accommodate roads and lot development. The DNR believes the
Developer has not done enough to avoid wetland impacts in site planning,
and that the originally proposed mitigation for the wetland filling (i.e.,
excavation of an existing Type 3 wetland) will result in additional loss of
wetland and not mitigation.
RESPONSE:
The new mitigation plan (August 3, 1993) was prepared according to
standards promulgated by the Corps of Engineers. The only DNR
wetland impacted is between Basin H and I. The developer has revised
his development plan whereby no fIlling will occur below the ordinary
mgh water mark.
The developer has avoided wetland impacts wherever feasible; only 4.29
acres over the entire 580.4 site will be impacted. He will also create
2.
17 acres of lakes and ponds for which no credit has been given. There are
five acres of impact.
(A) The largest impact is the excavation of a 2.77 acre basin to permit
water storage for irrigation of the golf course.
(B) The other 4 acres cannot be avoided because of safety issues or
greater impact to other adjacent wetlands.
The Developer has revised its plan on a number of occasions, and
reviewed such modifications with permitting authorities. Final approval
of Project building permits will occur with appropriate wetland permits.
(d) The proposed fill of the low area between wetlands H (Prot. Waters Basin
#70-78W) and I (Prot. Waters Basin #70-154W) is subject to DNR
regulatory authority, as EA W Appendix B indicates. The ordinary high
water elevations of these basins are 907.3 feet and 908.8 feet,
respectively. Any work in the basins below these elevations requires a
permit from the DNR Division of Waters.
RESPONSE:
There will only be a culvert connection between Basins H and I. The
developer will not fill below the ordinary high water mark.
The Developer and its consultants are aware of the requirement for a
wetland permit from the DNR for any work in the identified wetlands
below the stated elevations. In addition, the City will again notify the
Developer that DNR permit rules do not allow fill or other activities in
protected waters for development purposes.
(e) The shoreland zoning development standards must be met for all aspects
of project development in the shoreland zone.
RESPONSE:
The City has adopted shoreland management regulations pursuant to
Minnesota Rules, Chapter 6120. The Developer, as a condition of
approval of the Project, is required to comply with such rules, where
applicable.
(t) EA W, Item 8 should have listed the DNR protected waters permit needed
for work in the beds of protected wetlands H (#70-78W) and I
(#70-154W).
RESPONSE:
Only a culvert will be installed at the narrowest point between these two
wetlands. No fill will be placed below the ordinary high water mark.
The City has advised the Developer that a DNR protected waters permit
will be needed for work in the beds of protected wetlands H (#70-78W)
3.
and I (#70-154W). No work will be allowed in these protected wetlands
without proper authority.
(g) This site contains one of the few remaining remnants of the relatively
undisturbed "Big Woods" vegetation association as identified by the
species listed in Exhibit K -1 of the EA W. This vegetation type is a
significant economic amenity on the site and it is in the interest of the
developer and the city to preserve as much of the Big Woods as possible.
Oak wilt will primarily affect the red oak trees, which are the most
susceptible. During mid-April to late June trees are most vulnerable to
insects spreading oak wilt infection through damages to tree bark and
roots. Construction activity during this period provides infection sites on
trees when bar is damaged by construction equipment and roots are
exposed during excavation.
RESPONSE:
The City will require removal of already infected trees prior to
construction and protection of non-infected trees from damage during
construction. The developer has acknowledged that he will retain the
services of a tree specialist to provide analysis and recommendations
during construction phases.
(h) The EA W site plan indicates a regional trail through the northern portion
of the Project site. There is no indication whether this trail extends
beyond the project area or how the public would gain access to it. The
DNR generally encourages trail use and development of an internal low-
impact trail network in PUDs such as this one. At a minimum there
should be access paths provided for people with disabilities who cannot
use standard roadway shoulders or sidewalks. Also, no reference was
made to water access to Mystic (Keup) Lake for PUD residents.
RESPONSE:
There is no water access to Mystic Lake. A linear park is planned along
the northern shore of Mystic Lake. Prior Lake will build all trails and
park components in compliance with applicable ADA requirements. The
City will review trail connections with the Developer to ensure that
regional connections are contemplated and indicated where appropriate.
Disabled access and access will be reviewed prior to construction of the
Project.
(i) The DNR recognizes the potential adverse impacts of the Project to be
subject to the regulatory authority of the City of Prior Lake, the Corps of
Engineers and the DNR. Assuming appropriate mitigation and avoidance
of adverse impacts to natural resources as recommended, the DNR would
not recommend the preparation of an environmental impact statement.
4.
RESPONSE:
The mitigation plan was revised (August 3, 1993) to the standards of the
Corps of Engineers. As stated in previous responses, the City has advised
the Developer of the regulatory authority of not only the DNR, the Corps,
and City, but of other state and local agencies, as required by Minnesota
Rules pt. 4410. 1200(F). The City will continue to work with the
Developer and pennitting authorities to ensure that the Project employs
appropriate mitigation measures to avoid adverse impacts to natural
resources, especially protected wetlands.
I. The Project does not have the potential for significant environmental effects as defined in
Minnesota Rules pt. 4410. 1700, subp. 7.
THEREFORE, based upon the plans, reports, testimony, comments and responses considered
by the City of Prior Lake, as well as the fmdings contained in this document, the City Council
of the City of Prior Lake, acting as the RGU for the EA W, concludes as follows:
A. The preparation of an EIS on the Project is not required or
recommended.
B. The City may issue the requested pennits to allow construction of
the Project in compliance with the rules of the Minnesota
Environmental Review Program and in conformance with the
Minnesota Environmental Policy Act, subject to the Developer's
compliance with applicable regulations of the DNR and the Corps.
WCG:BQOa 5.
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~DES~:T;T:ENT OF
NATURAL RESOURCES
500 LAFAYETTE ROAD · ST. PAUL, MINNESOTA . 55155-40 10
DNR INFORMATION
(612) 296-6157
September 14, 1993
Horst Graser
City of Prior Lake
4629 Dakota Street
Prior Lake, MN 55372
RE: The Wilds Golf Club Development & Residential PUD
Environmental Assessment Worksheet (EA W)
Dear Mr. Graser:
The Department of Natural Resources (DNR) has reviewed the EA W for The Wilds Golf Club
Development and Residential PUD project. We offer the following comments for your
consideration.
The information presented in EA W Item 11 a. about fisheries resources in the project area is
incomplete. The wetlands and ponds on the project site provide important fisheries values that
you should require the developer to protect. The unnamed pond designated as wetland H
(Chaklos Pond, Prot. Waters Basin #70-78) has been used by the DNR Fisheries Section as a
walleye rearing pond each year since 1991. There are currently 200,000 walleye fry in this pond
and adverse impacts to the watershed around the pond or to the pond itself would adversely
affect these fish and the future value of this basin for fisheries management. Also, Mystic
(Keup) Lake is used by commercial bait dealers. It has a population of fathead and stickleback
minnows. You should take measures to insure that the development of the site will not
adversely affect this natural and economic resource. In addition to providing northern pike
spawning areas, wetland areas on the site contribute to fish habitat by providing natural control
of runoff water quality and quantity.
Our present understanding is that this project includes filling or other alteration of several small
wetland basins to accommodate roads and lot development. Some of these wetlands are under
the jurisdiction of the Corps of Engineers and some are regulated by the DNR. In the case of
activities in wetlands regulated by the Corps of Engineers, we have sent a letter to the Corps
(June 8, 1993, attached) recommending that they not issue a permit for those activities. We
believe that the developer has not done enough to avoid wetland impacts in site planning.
Furthermore, we consider the originally proposed mitigation for the wetland filling (i.e.
excavation of an existing Type 3 wetland) to be additional loss of wetland and not mitigation.
We have recommended that the Corps not approve this type of mitigation. The recently revised
wetland replacement plan (August 3, 1993) is an improvement over the first plan, but many of
our concerns about in-kind replacement still apply.
The proposed fill of the low area between wetlands H (Prot. Waters Basin #70-78W) and I (Prot.
Waters Basin #70-154W) is subject to DNR regulatory authority, as EA W Appendix B indicates.
The ordinary high water elevations of these basins are 907.3 feet and 908.8 feet respectively.
AN EQUAL OPPORTUNITY EMPLOYER
Horst Graser
September 12, 1993
Page 2
Any work in the basins below these elevations requires a permit from the DNR Division of
Waters and you should notify the developer that DNR permit rules do not allow fill or other
activities in protected waters for development purposes.
The shoreland zoning development standards must be met for all aspects of project development
in the shore land zone.
EA W Item 8 lists only the golf course irrigation water appropriation permit under Department of
Natural Resources permits and approvals. For your information, the water appropriation permit
for the golf course irrigation system was for the well and not the ponds, as is erroneously stated
in the third paragraph of page 2. We also issued a permit for a cartway bridge over the protected
water basin. In addition, Item 8 should have listed the DNR protected waters permit needed for
work in the beds of protected wetlands H (#70-78W) and I (#70-154W).
This site contains one of the few remaining remnants of the relatively undisturbed "Big Woods"
vegetation association as identified by the species listed in Exhibit K -I of the EA W. The
residential portion of the project will have adverse impacts on this woodland vegetation. The
two forms that this impact will take are oak wilt and construction-related damage. We maintain
that this vegetation type is a significant economic amenity on the site and that it is in the interest
of the developer and the city to preserve as much of the Big Woods as possible.
Oak wilt will primarily affect the red oak trees, which are the most susceptible. During mid-
April to late June trees are most vulnerable to insects spreading oak wilt infection through
damages to tree bark and roots. Construction activity during this period provides infection sites
on trees when bark is damaged by construction equipment and roots are exposed during
excavation. The best prevention of oak wilt problems, and the resultant property value losses, is
removal of already infected trees prior to construction and protection of non-infected trees from
damage during construction.
Other non-acute disease damage that results from normal construction activity can be just as
destructive of the existing tree cover. Impacts such as soil compaction, grade changes, increased
sunlight, increased wind exposure, and root damage from utility installation can have effects
spread over a long time period that weaken trees and make them susceptible to insect and disease
problems. Even such apparently minor impacts as where construction workers park their cars,
temporary storage of fill, or minor grade alterations without direct damage to tree trunks or roots
can be detrimental. Trees that have grown in such a dense undisturbed forest are more
vulnerable to these effects than trees in more open exposed areas.
We suggest that the city require the developer to obtain the services of a tree specialist familiar
with urban forestry to provide a pre-construction analysis of potential tree destruction problems
and specific plans for the construction crews as to how to avoid them.
The EA W site plan indicates a regional trail through the northern portion of the project site.
There is no indication whether this trail extends beyond the project area or how the public would
gain access to it. In general we encourage trail use and development of an internal low-impact
trail network in PUDs such as this one. At a minimum there should be access paths provided for
people with disabilities who cannot use standard roadway shoulders or sidewalks. Also, we
could not find any reference to water access to Mystic (Keup) Lake for PUD residents. If water
access is planned, we would like to have more information about access development and
expected use.
Horst Graser
September 12, 1993
Page 3
We recognize the potential adverse impacts of this project to be subject to the regulatory
authority of the City of Prior Lake, the Corps of Engineers and our Department, and assuming
you require appropriate mitigation and avoidance of adverse impacts to natural resources as
recommended above, we would not recommend the preparation of an environmental impact
statement. Without application of the proper controls however, the total effects on natural
resources do have the potential to be significant and an EIS would be warranted.
Finally, with respect to the division of the environmental review for this project into two phases,
we find this to be a difficult way to conduct proper environmental review of the development of
this site. We hope that in future cases where projects are clearly phased actions, you will require
a one-time comprehensive review of the entire project.
Thank you for the opportunity to review this document. We look forward to receiving your
record of decision and responses to our comments. Minnesota Rules 4410.1700, subparts 4 & 5,
requires you to send us your Record of Decision within five days of deciding this action. Please
contact Don Buckhout of my staff, at (612) 296-8212, if you have questions regarding this letter.
Sincerely,
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~~~ /1'/ V-'<2- (
Thomas W. Balcom, Supervisor
Natural Resources Environmental Review Section
Office of Planning
Attachment
c: Kathleen Wallace
Steve Colvin
Pete Otterson
Brian McCann
Jon Nelson
Lynn M. Lewis, USFWS
Gregg Downing, EQB
Richard Burtness-Prior Lake Development L.P.
#940024-0 I
ER 10. WILDSPUD.DOC
RESOLUTION 93-81
RESOLUTION OF THE PRIOR LAKE CITY COUNCIL CONFIRMING APPROVAL OF AN
AMENDMENT OF ITS COMPREHENSIVE LAND USE PLAN TO MODIFY THE YEAR 2000
URBAN SERVICE AREA WITHIN THE CITY TO ALLOW DEVELOPMENT OF THE WILDS
GOLF CLUB AND RESIDENTIAL PUD.
MOTION BY: SECONDED BY:
WHEREAS. the Prior Lake City Council, at its regular meeting of May 3, 1993, adopted Resolution
93-27 approving an amendment of the Comprehensive Land Use Plan to modify the City
of Prior Lake (the City) Year 2000 Urban Service Area to allow development of The
Wilds Golf club and Residential PUD (the Project); and
WHEREAS. the approval of the Comprehensive Land Use Plan amendment was subject to review by
the Metropolitan Council: and
WHEREAS. the Metropolitan Council approved the Comprehensive Land Use Plan amendment to
include the Project in the City's Urban Service Area at its regular meeting of September
9. 1993; and
WHEREAS. the Prior Lake City Council has reviewed the recommendations of the Metropolitan
Council and concurs with such recommendations; and
WHEREAS. the Prior Lake City Council deems that it is the best interest of the City, its residents. and
the general public that the Project be approved and developed.
NOW. THEREFORE, BE IT HEREBY RESOLVED, BY THE PRIOR LAKE CITY COUNCIL OF THE
CITY OF PRIOR LAKE, MINNESOTA. that the Comprehensive Land Use Plan amendment modifying
the Prior Lake Year 2000 Urban Service Area to include the Project is confinned and effective.
Passed and adopted this 20th day of September. 1993.
Yes
No
Andren
Fi tzgerald
Kedrowski
Scott
White
Andren
Fitzgerald
Kedrowski
Scott
White
Frank Boyles
City Manager
City of Prior Lake
{Seal }
4629 Dakota St. S.E., Prior Lake, Minnesota 55372 / Ph. (612) 447-4230 / Fax (612) 447-4245
/\,"i EQUAL OPPORTUNITY EMPLDYER
RESPONSE:
The mitigation plan was revised (August 3, 1993) to the standards of the
Corps of Engineers. As stated in previous responses, the City has advised
the Developer of the regulatory authority of not only the DNR, the Corps,
and City, but of other state and local agencies, as required by Minnesota
Rules pt. 4410.1200(F). The City will continue to work with the
Developer and permitting authorities to ensure that the Project employs
appropriate mitigation measures to avoid adverse impacts to natural
resources, especially protected wetlands.
I. The Project does not have the potential for significant environmental effects as defined in
Minnesota Rules pt. 4410.1700, subp. 7.
THEREFORE, based upon the plans, reports, testimony, comments and responses considered
by the City of Prior Lake, as well as the fmdings contained in this document, the City Council
of the City of Prior Lake, acting as the RGU for the EA W, concludes as follows:
j
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A.
The preparation of an EIS on the Project is not required or
recommended.
B.
The City may issue the requested permits to allow construction of
the Project in compliance with the rules of the Minnesota
Environmental Review Program and in confonnance with the
Minnesota Environmental Policy Act, subject to the Developer's
compliance with applicable regulations of the DNR and the Corps.
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Minnesota Pollution Control Agency
September 17, 1993
Mr. Horst Graser
Director of Planning
city of Prior Lake
4629 Dakota Street S.E.
Prior Lake, Minnesota 55372
RE: The wilds Golf Club Development and Residential Planned
unit Development
Dear Mr. Graser:
Thank you for the opportunity to review and comment on the above
stated project, to be built in Prior Lake, Scott County. Based
on the information contained in the Environmental Assessment
Worksheet (EAW), the Environmental Analysis Office staff
has the following concerns:
1. Regarding Item 8 of the EAW, a Minnesota Pollution Control
Agency (MPCA) 401 certification will be required for any
individual 404 permit that is required. Also, the proposal
must satisfy the requirements for a National Pollutant
Discharge Elimination System (NPDES) Storm Water permit from
the MPCA.
2. Regarding Item 17 of the EAW, the MPCA would like to see the
funding for erosion control efforts be a separate listed
budget item. The timeliness of erosion control both during
and after construction are critical.
3. For the lots and properties that have wetlands within their
boundaries, we recommend that conservation easements,
covenants, recorded deed restrictions or other acceptable
permanent restrictions be implemented that will prohibit
present and future property owners from filling or altering
wetlands on their lots. We strongly encourage the inclusion
of an appropriate buffer zone to be included in the
protected area for the wetland.
Telephone Device for Deaf (fDO): (612) 297-5353
Prinled on recycled paper cOlllaining alleasl 10% fibers from paper recycled by consumers
520 Lafayette Rd.; Sl. Paul, MN 55155-4194; (612) 296-6300; Regional Offices: Duluth. Brainerd. Detroit Lakes. Marshall' Rochester
Equal Opportunity Employer' Printed on Recycled Paper
Mr. Horst Graser
Page 2
We look forward to receiving your decision on the need for an ElS.
If you have any questions regarding our comments, please contact
Kevin J. Kain of my staff at (612) 296-7432.
Sincerely,
~~-~
Paul Hoff, Director
Environmental Analysis Office
Administrative Services Division
PH:pnk
cc: Larry Zdon, MPCA Water Quality Assessment and Planning section
METROPOLITAN COUNCIL
Mears Park Centre. 230 East Fifth Street. St. Pau/, MN 55101-1634
612 291-6359
FAX 612 29/-6550
TrY 612 291-0904
September 13, 1993
Mr. Horst Graser
Director of Planning
City of Prior Lake
4629 Dakota Street S.E.
Prior Lake MN 55372
RE: Wilds Golf Club PUD
Environmental Assessment Worksheet
Metropolitan Council District 4
Dear Mr. Graser:
Council staff has conducted a review of this environmental assessment worksheet (EA W) to
determine its adequacy and accuracy in addressing regional concerns. The staff review has
concluded that the EA W is complete and accurate with respect to regional concerns and raises no
major issues of consistency with Council policies. An EIS is not necessary for regional purposes.
Staff notes, however, the U.S. Army Corps of Engineers is still reviewing the developer's revised
wetland replacement plan dated August 3, 1993. The developer proposes to construct 4.77 acres
of wetlands on the site in mitigation for impacting 4.52 acres of wetlands as a result of site
development during both project phases. Council staff's only remaining concern is that existing
wetlands, as well as the new wetlands to be constructed in mitigation for wetlands eliminated by
project development as proposed, receive adequate long-term protection. Council Policy 3-4 of
the Water Resources Management Development Guide/Policy Plan calls for the preservation of
both protected and unprotected wetlands in the metropolitan area for the enhancement of water
quality and quantity as well as preservation of their ecological functions. To ensure the continued
long-term viability of all remaining wetlands on the site, both natural and constructed, a buffer
zone not less than one rod in width is to be maintained (according to the 1991 Wetland
Conservation Act) around each wetland. The Council recommends that maintenance of the no-
impact buffer zone be required through implementation of a development covenant for all
residential and commercial development proposed to occur on the site.
.....
The Wilds Golf Course Development is several miles from a metropolitan highway. Therefore,
much of the traffic being generated will be felt primarily on the local street system, not on the
metropolitan highway system. This conclusion is also confirmed by the extensive traffic analysis
done by the city of potential impacts of both the Wilds traffic and an expanded Mystic Lake
operation. This EA Wand its Appendix C suggest several intersection improvements (turn lanes,
etc.) which should be adequate to handle the Wilds traffic when coupled with improvements
which are being made to the existing system to accommodate the Mystic Lake expansion.
* Recycled Paper
This will conclude the Council's review of the EA W. No formal action on the EA W will be taken
by the Council. If you have any questions or need further information, please contact Barbara
Senness, Council staff at 291-6419.
Sincerely,
~
Robert C. Mazanec, Director
Comprehensive Planning and Metro Systems
RCM/ret
cc: Julius C. Smith, Metropolitan Council District 4
Lynda Voge, Metropolitan Council Staff
Barbara Senness, Metropolitan Council Staff