HomeMy WebLinkAbout11 - Lakefront Woods
"SU06C2"
DATE:
INTRODUCTION:
1\11..
DEB GARROSS, ASSISTANT CITY PLANNER
CONSIDER PRELIMINARY AND FINAL PLAT
LAKE FRONT WOODS
MAY 17, 1993
The ~urpose of this item is to consider the
prel1minary and final plat of Lake Front Woods
submitted by developer, Lyle Bakken. On May 3,
1993, the city Council voted to allow the
preliminary and final plat review to be
consolidated into one public hearing.
OF
AGENDA NUMBER:
PREPARED BY:
SUBJECT:
The ~lat is being ~rocessed as an Abbreviated
Subd1vision which 1S outlined in section 6-3-1
of Ordinance 87-10. The Abbreviated process
applies to subdivisions which will not create
more than 6 lots and that have all utilities
available to the site. In addition, the
developer requests a 10 foot front yard
variance for proposed Lots 4, 5, and 6, in
order to minimize the amount of filling and
subsequent tree loss. associated with creating
stable building pads for each lot. The
Wetland Technical Advisory Panel who reviewed
the mitigation plan for this proposal
recommended that filling be minimized.
Allowing a 10' front yard variance will
substantially reduce fill required for Lots 5,
4, and 6.
The paved section of Rutledge Street located
north of the subject site is located in the
northerly portion of the right-Of-way.
Because of this, there is excess boulevard to
the south. The structures will appear to be
set back in a similar manner as others along
Rutledge Street due to the location of the
road in relation to the property line. The
rationale for granting the requested front
yard setback variances are to minimize grading
and subsequent tree loss; the variances result
in substantial justice to the property owner;
there would be no negative impact to the
neighborhood and the variance observes the
spirit and intent of the zoning Ordinance.
4629 Dakota St. S.E., Prior Lake, Minnesota 55372 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLDYER
BACKGROUND:
The subject site consists of 5.7 acres of land
located north of lakefront park, south of
Rutledge street and east of 4795 Rutledge
street. The site is wooded and contains a
portion of a significant wetland on the south
and west area of the ~lat. The proposal is to
divide the 5.7 acres lnto 6 lots as proposed
on the attached application. The ~roperty was
assessed for sewer and water 1mprovements
under Project 73-6 in 1974 and trunk water and
sewer acreage charges under Project 74-5. All
past applicable deferred assessment amounts
have been called and distributed against the
land. The tax status of the property is in a
current state with no outstanding
delin~encies. All utilities are available to
the slte, therefore no developers agreement is
required for this subdivision.
DISCUSSION:
Staff has worked with the developer on this
~roject for approximately 17 months. The plat
1S the first to be processed according to the
1991 Wetlands Act, where off-site wetland
mitigation is proposed. Extensive work has
been conducted relative to meeting with
residents and the various governmental units
to obtain approval and necessary permits to
mitigate the pond. See attached memos from
Bruce Loney dated September 22, December 11,
November 18, 1992 and May 12, 1993 which
outline the wetland mitigation process and
neighborhood meetings.
The history of the parcel is complicated
considering the size of the site proposed to
be developed. The wetland on site, proposed
to be mitigated is not a DNR protected wetland
however, the wetland located in Lakefront
Park, south of the subject site is DNR wetland
#70-170W. In 1981, the city of Prior Lake
installed a dike for stormwater management
purposes within the protected wetland. The
result of the dike, was that the water level
of the pond on the Bakken site was raised
which resulted in the creation of a higher
quality wetland which is currently regulated
by the 1991 Wetlands Act.
Evidence of the water level change can be seen
along the perimeter of the wetland where a
substantial number of trees have been killed
due to water inundation. In addition, the
perimeter of the wetland adjacent to Rutledge
ALTERNATIVES:
street has been used as dum~ing grounds for
trash, leaves, grass clipp1ngs, cement and
other objects. Although the wetland is
classified by the Wetlands Act, the perimeter
proposed to be filled is currently rather
degraded due to the existence of refuse,
brush, dead and fallen trees.
In summary, sanitary sewer and water service
lines were installed in 1974 and the ~roperty
was assessed for the improvements wlth the
assessments current and almost completely
paid. By installing utilities, it can be
assumed that the City anticipated future
development of the property. In addition, the
owner has paid assessments for a~proximately
19 years. Prior to the 1981 dike lmprovement,
the wetlands on the site had a much smaller
surface water area and in fact, may not have
had any open water for much of the year.
The proposal indicates that ap~roximately .3
acres will be filled. The mltigation plan
indicates that an existing pond within Fish
Point Park will be excavated to create a water
quality pond and serve as the wetland
mitigation. The wetland replacement will be
beneficial to the water quality of Lower prior
Lake and will provide aesthetics and wildlife
habitat. Understanding the history of the
property, staff felt that wetland mitigation
to improve an existing pond off-site,
partially fill a wetland created through
artificial actions of the City and ultimate
development of the site as pro~osed, would
provide an equitable "win-win" sltuation for
the property owner, City and residents.
1.
Approve the preliminary plat and
variances as requested by the developer
and/or with changes recommended by the
city Council. Approve the final plat of
Lake Front Woods. Approve Resolution
93-37 setting forth the items required to
be completed prior to release of
hardshell for the final plat of Lake
Front Woods.
2. Continue this item to a date and time
certain for additional information or
study.
3. Deny the preliminary plat finding
specific inconsistencles with the
RECOMMENDATION:
ACTION REQUIRED:
Comprehensive Plan,
Subdivision Ordinances.
Zoning
and
Alternative 1 or 2.
A motion to approve the preliminary plat of
Lake Front Woods and 10' front yard variances
for Lots 4, 5, and 6. subject to the
following conditions:
1. Driveway location and individual service
lines should be placed in close proximity
and their location be subject to approval
of the City in order to minimize tree
loss and provide adequate positive
drainage.
2. A wetland vegetation buffer and
replacement plan be approved br the City
Engineer. A wetland vegetatlon buffer
strip located 10' from the
ordinary-high-watermark of each pond
planted with the wet meadow seed mixture
suggested by Pat Arlig of Maier stewart &
Associates shall be required.
3. The wetland mitigation plan for the site
must be implemented contemporaneously
with improvement of the Pond in Fish
Point Park.
4.
Erosion control and grading permit
be submitted acceptable to the
Engineer.
plans
City
5.
storm water drainage
swale between Lots
submitted for the 10
storm events.
calculations for the
4 and 5 must be
year and 100 year
6. The applicant must obtain necessary
extensions for the Army Corps. of
Engineer permit and appropriate permits
from the Prior Lake/Spring Lake
Watershed district prior to grading and
filling of the site.
7.
of the pond in Fish
have riprap installed
wetland slopes from
The upstream end
Point Park should
to protect the
eroding.
8. The fill location shown on the Fish Point
Park wetland plan is
drawing indicating
location as approved
must be submitted.
incorrect. A revised
the correct fill
by the city Engineer
A motion to approve the final plat of Lake
Front Woods. A motion to approve Resolution
93-37 with any additions deemed appropriate by
the City Council.
COMMENTS:
1. Pat Lynch of the DNR stated that he has no objection to the
subdivision nor variances as proposed.
2. Dave Camper of 4770 Rutledge Street will be out of town
during the public hearing but wanted to file the following
objection to the proposal: He is opposed to the filling of
the wetland on proposed Lots 5 and 6 due to concern about
loss of view of the pond and that the building pads would not
be suitable for home construction. He is opposed to the
variances requested because the homes will be much closer to
the road than existing homes within the neighborhood. The
resulting construction would have a negative aesthetic impact
on the neighborhood. Mr. Camper feels that the neighborhood
has a right to a view of the ponds and objects to the
placement of homes which would block the view.
3.
Robert Johnson, 15156 Fish Point Road S.E. is o~posed to
wetland mitigation plan which calls for improv1ng the
located in Fish Point Park. See attached letters
reference to the specific objections.
the
pond
for
"RS9337"
RESOLUTION 93-37
RESOLUTION OF THE PRIOR LAKE CITY COUNCIL SETTING FORTH ITEMS TO
BE COMPLETE PRIOR TO RELEASE OF, AND RECORDING OF HARDSHELL FOR
LAKE FRONT WOODS.
MOTION BY:
SECONDED BY:
WHEREAS, the City Council has approved the Final Plat of
Lake Front Woods;
NOW, THEREFORE, BE IT RESOLVED BY
LAKE, MINNESOTA, that it should
following items to be complete,
recording of said plat:
1. The hardshell dedication, language and format be subject to
approval by the City Attorney.
THE CITY COUNCIL OF PRIOR
and hereby does require the
prior to release of, and
2. A title opinion for the plat be acceptable to the City
Attorney.
3. Payment of all required fees including but not limited to a
$4,560 dollar park dedication fee, $30.00 dollar hardshell
fee and $50.00 dollar grading permit fee.
4. The unit assessment redistribution for water and sewer will
be $665.99 per lot. These assessments have a remaining term
of 1 rear. The unit amount for storm sewer will be $47.20
and w111 be re-certified for a period of 2 years.
5. Prior to issuance of a grading permit, an estimated cost of
the wetland mitigation shall be submitted in order for the
City to determine the amount of the letter of credit.
6. A grading permit to im~lement the wetland mitigation plan be
submitted consistent w1th requirements of the City Engineer.
7.
Submittal of a utility and drainage
areas of proposed Lots 1 and 2, as
Engineer.
easement
required
over the
by the
low
city
8. All outstanding conditions outlined for the preliminary plat
be satisfied.
9. Park support fees in accordance with City POlicy, be paid at
the time of building permit.
4629 Dakota St. S.E., Prior Lake, Minnesota 55372 I Ph. (612) 447-4230 I Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLDYER
10. A soils Engineer will be required to verify the house
construction and certify the pad for acceptance to the
prior to issuance of a building permit for the lots.
11. Building permits shall not be issued until a contract has
been awarded for the construction of municipal sewer and
water. Occupancy permits will not be issued until
improvements are accepted by the City Engineer.
pad
City
12. No building permits shall be issued until the Final Plat is
filed and recorded with Scott County.
13. Homes built upon lots within the subdivision will be subject
to architectural controls, the 22% lot coverage ratio, and
30% impervious surface coverage of the Zoning Code as
applicable.
14.
Submittal of 4 sets of mylar copies of the
all required signatures and reduced copies
to the following scales: 1" = 200', 1"
reduction at no scale which will fit on an
of paper.
15. The, "city Copy" hardshell, containing all required
si~natures be returned to the Prior Lake Planning Office
pr10r to issuance of any building permits for the plat.
entire plat
of the entire
= 800' and
8 1/2 x 11"
with
plat
one
sheet
Passed and adopted this 17th day of May, 1993.
Yes
No
Andren
Fitzgerald
Kedrowski
Scott
White
Andren
Fitzgerald
Kedrowski
Scott
White
Frank Boyles
city Manager
city of Prior Lake
{Seal}
LAKE FRONT WOODS
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VICINITY MAP
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o OEHOTES 1/2 INCH BY 14 INCH IRON
MONUMENT TO BE SET - MARKED WITH
LICENSE NO. 16085 UNlESS OTHERWISE
SHOWN.
THE EAST LINE OF GOVERNMENT LOT 1, SECTION 35,
T 115 N, R 22 W HAS AN ASSUMED BEARING OF NORTH
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ENGINEERING
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PID -('t,lJ 'C03-a
APR.lCATlON FOR 'mE SUBDIVISION CF I..Aro
WI'mIN 'mE CITY OF PRIOR LAKE
Property <M1er:
Address:
SJbdiv ide r:
Address:
JIlgent:
Address:
~ r (Cr(.E&"~Y DR.t cI::::)
N3rne of SJrveyor: r'~: ~tJ~-KJ1J c- _ Phone:
Name of Engineer: f1 c;... t:.c:;e../}Jd~('rlJ;;lc.4hone:
Legal Description of Property:
fftt<Li:E2_ /r-) ~,' CJ .()/ if" E (5'~~ 1'rrrA-c.th:n
'iJ..J.. -,,30(>0
Y3C).. -5000
Present Zoning: I. ~6 , OerJJl,If L-
Deed Pestrictions: tb f.. Yes
Property Acreage: ;; If-c ~e:::-5
If so, please attach.
Has the Applicant previously sought to plat, rezone, obtain a variance or
conditional use permit on the subject site or any part of it:
tb y. Yes_ What was requested: --
. When:
Subdivision Ordinance and agree to prOlJide the
dance with the prOlJisions of the ordinance.
/0 -/S- - :12-
Date
/O-/S' - 9''----
bate
'nUS SECl'ION 'IO BE FILLED IN BY THE PLANNIN; DIREnUR
PLANNIN:; <n1MISSION APPROJID
CITY <XXJN::IL _APPROJID
mNDITIONS:
DENIED
DENIED
MTE OF HEARm::;
~TE OF HFARIN:i
Signature of the Planning Director
Date
CITY OF PRIOR LAKE
APPLICATION FOR VARIAOCE
V&-QL
PIDt r.iS--(')h~-(JC:J3-
Appl icant: L
Address:
Property Owner:
Address: 6 eeL 0
Type of Ownership: Fee X Con ract
Consultant/Contractor: L t...r;- II. 8,4-{CK-fc.iV
ci6a/8hk-rU Ho/l?E5
Existing Use /
of Property: f..0/0oJT1/TL- (!~t:::' klf1c-5/fE elM 61k1iPts) Present Zoning: ;(C':5JC!c..7VT7t'9
Legal Description /1.
~:ri~~an~~~~~: ~~~~:~~j- c~ ~~R-~~Ci:~~ ~~f =S~S olJ ~c~c
If- J 6, v c- / t9 Ft---pf" (" L/) -5 r F?. 77> JJtF: C c....l ~ O,u I!:u Tl. e LJC-t:::- /'f--V c;
Home Phone: 1 Y 7 -- 5;)- r7
Work Phone: /},).,o - -J 9'51')" /nc
Home Phone: Y lf7 - 5',)- r7
~ /11.0 Work Phone: YYI-5)..R~ "7-;-'0-/
Purchase Agreenent n
Phone: <-( 'i 1- 57J.-..r''1f '1 d-{) -~ 7'
Has the applicant previously sought to plat, rezone,
use permit on the subject $ite or any part of it?
What was requested: /VI It
When: --- Disposition:
Describe the type of improvements proJ;X)sed: /1+15 IS ~QuE5'7"Cn 71J /77"UI/VJfZ(
~ ft-m 0f.J...jJ/ of W €I Lfrt.-JO ('ol<..r:<,cc.T}c)tV n,e rfff.2-ca.. :5 IT, If'; 1- C,
obtain a variance or conditional
Yes X ~
SJBMISSION ROOUIRlliENl'S:
(A)Completed application form. (B)Filing fee. (C) Property SUrvey indicating the
proJ;X)sed developnent in relation to property lines and/or ordinary-higlrwater mark;
proJ;X)sed building elevations and drainage plan. (D) Certified from abstract firm,
names and addresses of property owners within lOa feet of the exterior boundaries of
the subject property. (E)Complete legal description & Property Identification Number
(PID). (F)Deed restrictions or private covenants, if applicable. (G)A parcel map
at 1"-20'-50' showing: The site developnent plan, buildings: parking, loading,
access, surface drainage, landscaping and utility service.
ONLY mMPLETE APPLICATIONS SHALL BE ACCEPl'ED AND REVI~ BY THE PLANNI}l; cc.:MMISSION.
To the best of II'!Y knowledge the information presented on this form is correct. In
addition, I have read Section 7.6 of the Prior Lake Zoning Ordinance which specifies
requirements for variance procedures. I agree to rovide infonna i an ;foIl the
procedures as outlined in the Ordinance. a ~t:a
Sutmitted this IS-day of Oc-;
19f.L.
THIS SPACE IS 'ID BE FILLED OUT BY THE PLANNIN:; DIRECI'OR
PLANNI~ mMMISSION
CITY COUN::IL APPEAL
APPROVED
APPROVED
DENIED
DENIED
DM'E OF HEARI~
OI\TE OF HEARIN:;
mNDITIONS:
Signature of the Planning Director
Date
LAKI~FR()NT Wl.ODS
BLOCK 1
Dev~loper, Lyle Bakken, requests consolidation of preliminary and final plat
for Lakefront Woods.
Developer requ~sts a ten-foot variance on Lots 4, 5, and 6 to minimize
environmental disruption. Our intentions are to preserve the wetlanri, as
previously discussed with city management.
11. Developer plans to build five single-family dwellings (on lots 1, 2, 4,
5, 6), anri with the existin~ two-story home on lot 3, there will be
a total of si~ homes.
12. Developer plans to build split-level walkout homes on lots 4, 5, and 6.
These homes will be a minimum of 1'00 square feet each, and will be
priced in the $100,000 to 3130,000 range.
Developer plans to build homes with 1500 square feet minimum on lots 1
and 2. These homes will have full walkouts, will be either two-story,
rambll!!I:, or split-l~vel, and will be priced in the $140,000 to $200,000
range.
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PRELIMINARY PLAT OF LAKE FRONT WOODS
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TREE LOCATION ANO PROPOSED PONDIHG AREA
AT
fiSH POINT PARK, PRIOR LAKE, MINNESOTA
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SHEET 4 OF 4 SHEETS
lVA09PN"
NOTICE OF HEARING
FOR
VARIANCE
You are hereby notified that a hearing will be held by the
City Council in the Prior Lake Council Chambers at 4629
Dakota street S.E. on:
Monday, May 17, 1993
at
9:00
P.M.
PURPOSE OF HEARING: To consider a variance application for
Lyle Bakken, 4376 HiCkory Hills Trail,
Prior Lake, MN 55372.
SUBJECT SITE LOCATION: Approximately 5.7 acres located south of
Rutledge Street, north of Lakefront Park
and east of 4795 Rutledge Street.
REQUESTED ACTION: The applicant proposes to subdivide the
property into six lots as per attached
maps and subdivision public hearing
notice. The name of the proposed
subdivision is Lake Front Woods. The
applicant requests that the City Council
grant a 10' front yard variance for
proposed Lots 4, 5, and 6. The required
front yard setback is 25' measured from
the front property line. The applicant
proposes to locate homes 15' from the
front property line and therefore has
requested that the City Council grant the
appropriate variances for each of the
three lots.
If you desire to be heard in reference to this matter, you should
attend this meeting. Oral and written comments will be accepted
by the City Council. For more information, contact the Prior
Lake Planning Department at 447-4230.
Prior Lake City Council
DATE MAILED: May 5, 1993
4629 Dakota St. S.E., Prior Lake, Minnesota 55372 / Ph. (612) 447-4230 I Fax (612) 447-4245
AN EQUAL OPPORTUNITY E.IvtPLDYER
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TO:
FROM:
SUBJECT:
DATE:
I N T E R 0 F F ICE
M E M 0 RAN DUM
g).DEB GARROSS, ASSISTANT CITY PLANNER
~BRUCE LONEY, ASSISTANT CITY ENGINEER
, I LAKE FRONT WOODS PLAT REVIEW HISTORY
MAY 12, 1993
The following is a chronological summary of the pertinent
letters, meetings and memorandums in regards to the Lakefront
Woods development for your information:
1.)
2. )
3 . )
4. )
February 11, 1992 - A memorandum to file from Bruce
Loney in regard to a meeting on the proposed filling of
a wetland on RLS 39. Memo detailed the options to the
developer.
July 21, 1992 - Wetland Technical Evaluation Panel met
on the site to review the proposed filling and possible
replacement of wetland in Fish Point Park.
July 22, 1992 - Wetland Technical Evaluation Report on
the on-site inspection for Bruce Sandstrom, BWSR.
Re~ort asks many questions on the proposal, including if
th1S was a DNR wetland and any zoning requirements by
the City in regards to amount of upland area minimums
requirements.
september 10, 1992 - Letter from DNR hydrologist, Pat
Lynch, stating that the wetland on RLS 39 is NOT a DNR
protected wetland and that the city's dike along the
park road should remain, as the Lakefront Park wetland
has increased in wetland value.
5.) September 15, 1992 - Letter from the US Army Corps of
Engineers approving the proposed filling of the wetland
on RLS 39.
6.) September 21, 1992 - First Informational Meeting with
Fish Point Park residents on the proposed wetland
replacement in the park. Residents were concerned about
a large pond of .65 acres being created and the removal
of too many trees. Consensus was that residents would
support a smaller pond.
7.) November 2, 1992 - Letter and enclosures to Wetland
Technical Evaluation Panel from Bruce Loney summar1z1ng
the findings of on-site inspection for the proposal. No
objections were received from the panel members on the
proposal.
4629 Dakota St. S.E., Prior Lake, Minnesota 55372 / Ph, (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLDYER
8. )
December 1, 1992 - Letter dated November 29, 1992 from
Bob Johnson, 15156 Fish Point Road is received and is
against the replacement wetland in Fish Point Park.
9 . )
December 5, 1992 - Second Informational Meeting
Roger and Laurie McBride's home to discuss a
pond of .35 acre in size which would save most
live, native trees. Consensus was for approval
maintenance would be done by the city on a
basis.
10.) January 13, 1993 - Memo to Planning from Engineering on
the first submittal of Lakefront Woods Plat.
held at
smaller
of the
if pond
regular
11.) April 13, 1993 - Memorandum ,to Planning from Engineering
on the Subdivision review of the plat.
12.) April 22, 1993 - Second memorandum to Planning from
Engineering on the Subdivision review.
13.) April 27, 1993 Third memorandum to Plannin~ from
Engineering with additional comments on the Subdlvision
review.
14. )
April 28, 1993 Letter to Mr.
res~onse to his April 13, 1993
proJect. His letter was received
14, 1993.
Robert Johnson in
letter opposing the
by the City on April
I hope this memorandum is helpful in reviewing the plat for
approval. I have all of the documentation in my office and if
you want a copy for your files or to include in the Council
Agenda, let me know.
"MEM035'
November 18, 1992
Mr. Bill Dilks
PRIOR LAKE/SPRING LAKE WATERSHED DISTRICT
Scott-Rice Telephone Building
4690 Colorado Street S.E.
Prior Lake, MN 55372
RE: WETLAND CONSERVATION ACT/TECHNICAL EVALUATION PANEL (TEP)
REPORT FOR RLS 39 SUBDIVISION
Dear Bill:
This letter and the enclosures is to summarize the findings and
on-site inspection of the proposed wetland filling on RLS 39 from
the Wetland TEP. The enclosures are as follows:
A.) Interoffice Memorandum from Bruce Loney to File on the
Fish Point Park Pond Informational Meeting.
B.) September 15, 1992 letter from the US Army Corps of
Engineers in regards to the proposed filling on RLS 39.
C.) A September 10, 1992 letter from the Mn/DNR in regards
to the wetland jurisdiction in this area.
D.) A January 6, 1992 letter from the US Army Corps of
Engineers in regards to the initial filling request on
RLS 39.
E.) Aerial photography map showing the proposed property
lines and the wetland areas in 1981.
F.) A copy of the Wetland Replacement Plan.
G.) A copy of the Wetland Delineation and Grading Plan for
RLS 39.
FINDINGS
1. Local Jurisdiction. The City of Prior Lake and the Prior
Lake/Spring Lake Watershed District (PLSLWD) have both agreed
to be the responsible local unit of government for
implementing the interim phase of the 1991 WCA.
Representatives from the City and the PLSLWD were present for
the on-site inspection of the affected wetlands and proposed
replacement area.
2 .
The proiect. RLS 39 is owned by
proposed to be SUbdivided into a total
lots. Lyle Bakken, a local builder is
behalf in seeking the SUbdivision of
plus the lot at 4893 Rutledge street.
Survey has been prepared by Greg Brick
the Abbott's and is
of six residential
acting in the Abbott's
five additional lots
The Certificate of
of Probe Engineering.
4629 Dakota St. S.E., Prior Lake, Minnesota 55372 / Ph, (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLDYER
In reviewing the property line with the bituminous edge of
pavement on Rutledge street, there currently exists
approximately thirty feet of boulevard width. To minimize
the wetland filling on the project site, the City will
consider a ten foot front setback variance for Parcels A, B,
& C.
3. Wetland Delineation. On the RLS 39 property, the wetlands
were delineated by Pete Beckius from the Scott Soil and Water
Conservation District on March 31, 1992. Mr. Beckius
delineated the northern boundary of the wetlands on-site.
The on-site inspection of the TEP has indicated that the
wetland is in a transition state from a Type 3, 6, and 7
complex to a Type 4 wetland (circular 39 Classification.) The
reason for the transition is due to the higher water levels
caused by an alteration of the outlet by the City of Prior
Lake. Enclosed with this memorandum is a letter from Pat
Lynch of the MDNR which states the outlet alteration has
changed the wetland type to a higher value. In the RLS 39
property, the outlet alteration has raised the water level at
least two feet, and several dead trees and shrubs were
observed standing in 2.5 feet of water.
4. Water Elevation Data. For the two wetlands on RLS 39 and the
MDNR #70-170W wetland in the City's Lakefront Park, the 100
year flood elevation for this complex of wetlands was
calculated to be 930.90 as listed in the City's Storm Water
Management Plan as prepared by Suburban Engineering in 1981.
On April 3, 1992, the City'S Engineering Department did a
survey and determined the water elevation to be 933.70. On
June 30, 1992, Probe Engineering had determined a water
elevation of 933.00.
The City's Engineering Department in August, 1992, determined
the elevations of the previous outlet for DNR #70-170W which
controls the water elevation of all three wetlands and this
elevation was 931.69. A ridge exists between DNR #70-170W
and the two wetlands on RLS 39 property and the ridge
elevation was measured to be 931.49. The outlet alteration
was done by the City in 1981. The purpose of the fill was to
prevent water from flowing out of the basin and prevent the
water from creating an icy hazard on the nearby street. This
action thus caused water to back up on the RLS 39 parcel.
Aerial photography was done in this area for the City Project
82-3. The photos have no date on the film; however, it is
estimated that the photography was done around 1981. This
photo shows three separate wetlands on RLS 39 and Lakefront
Park. A copy of the photo is enclosed with the property
lines and the water edge of the wetlands on RLS 39
superimposed to illustrate the wetland and upland areas on
the parcel before the outlet was altered.
5. state Jurisdiction. Enclosed is a letter from Pat Lynch,
DNR Hydrologist in regard to the project site wetlands and
whether these wetlands are in the DNR jurisdiction. Per Mr.
Lynch, these wetlands are not within the jurisdictional
limits of the DNR #70-170W wetland. Also, Mr. Lynch
recommends that the runout elevation should remain as it is
currently and not be lowered to its previous elevation in
1981. These wetlands are subject to the WCA and U.S. Army
Corp. of Engineers requirements.
6. Federal Jurisdiction. Enclosed is a letter from Tim Fell,
U.S. Army Corps. of Engineers Construction/Operations, in
re9ard to the proposed project. Mr. Fell received the
in1tial certificate of survey drawing showing the wetland
delineation and the proposed filling of approximately .45
acres at that time. The U.S. Army Corps. of Engineers has
re-issued the nationwide permit (#26) with the new conditions
for the #26 nationwide permit which is attached to the
letter. The latest enclosed certificate of survey shows the
proposed filling of the wetlands to be .30 acres.
7. Zoning Requirements. The City'S SUbdivision Ordinance
requires that a parcel have a minimum of 5,000 square feet of
upland per building site and a minimum total lot area of
10,000 square feet. This requirement is met for Parcels A,
B, and C. The City's floodplain ordinance for this area is
that the lowest building slab must be three feet above the
100 year flood elevation of the wetlands. The overflow
elevation of the 8" pipe is 933.80 and the spillway overflow
elevation is approximately 934.80 which is estimated to be
the 100 year flood elevatlon.
8. U land Area Determination. Prior to raising the outlet
control of DNR 70-170W, Parcels A, B, and C may have more
upland area based on the aerial photo taken in 1981. A copy
of the aerial photo is attached with the proposed property
lines superimposed and the approximate edge of the wetlands
open water also drawn on. From this drawlng, the amount of
upland area is estimated to be 27,500 square feet. Based on
this figure, the three parcels would qualify for a building
site on each parcel. It should be noted that determining the
wetland boundary edge is difficult to do and the actual
boundary edge can vary significantly.
9. Hardship and Avoidance and Minimization. The City will
consider granting a 10 foot front setback variance to
minimize the wetland filling. The reason for the variance is
that the existing street pavement edge is approximately 30
feet from the property line. Normal boulevard width from
street pavement edge to property line is 10 - 15 feet. A 10
foot would place the front edge of the structure
approximately 45 feet from the pavement edge.
10. Wetland Mitigation. The owners of the RLS 39 parcel have
been assessed for sanitary sewer, water, storm sewer and
street improvements beginning in 1975. Sanitary sewer and
water services were installed along the ~arcel at intervals
to allow for the future subdividing of C1ty lots.
The proposed project will fill and estimated 0.30 acres. The
City has an area within Fish Point Park which is not
currently a wetland. This area has been proposed to be
excavated 3 - 4 feet below a 24" eMP in order to create a
water quality pond and serve as the wetland mitigation.
Currently, this area has approximately a 85 acre drainage
area which would drain into Lower Prior Lake without
treatment. This wetland replacement will be beneficial to
the water quality of Lower Prior Lake and will provide
aesthetics and wildlife habitat. Many of the trees in the
wetland replacement area have died due to the sediment
collected over the years. Enclosed is a wetland replacement
plan showing the proposed wetland in Fish Point Park. This
drawing shows a three foot deep wetland with 6:1 slopes and
the area below the 910 contour which will be the normal water
level is estimated to be .38 acres. This area is more than
the wetland area being filled off of Rutledge street.
11. Summary. Applying the Wetland Conservation Act of 1991
interim rules for this parcel has been a complicated one.
This memorandum has attempted to provide the background
history of the parcel and to address the concerns raised by
the TEP in dealing with the wetland rules. With the sanitary
sewer and water service lines installed in 1974, this gave an
indication to the property owner that the property could be
subdivided into single family residential lots someday. In
fact, the property was assessed for the improvements with the
assessments current and almost completely paid. Prior to
the raising of the DNR wetland outlet, the wetlands on the
RLS 39 property had a much smaller surface water area and in
fact, may have not had any open water for much of the year.
The wetland replacement area is proposed to be installed in
the City's park. This area will provide the City with a
water quality pond to treat storm water prior to discharing
into Lower Prior Lake and will hopefully provide habitat for
waterfowl and wildlife. The wetland area proposed to be
filled has several dead trees and shrubs due to the raising
of the DNR wetland outlet. The raising of the outlet has
increased the DNR wetland value but may have lowered the
value the wetlands on RLS 39. I feel that the wetland
replacement in Fish Point Park is a benefit to the City in
providing storm water quality for a 85 acre drainage area
and this area is more than adequate replacement for the
wetland area lost on RLS 39.
I hope this letter and enclosures have provided the necessary
information to comment on the wetland replacement plan for this
project. If you have any questions on this matter, please feel
free to call me at City Hall.
Sincerely,
. ---!
' ,
, /
~~
Bruce LoneY; P.E.
Assistant City Engineer
Enclosures
BL:jlp
I N T E R 0 F F ICE
M E M 0 RAN DUM
TO:
FROM:
SUBJECT:
FILE, RLS 39 SUBDIVISION
BRUCE LONEY, ASSISTANT CITY ENGINEER
FISH POINT PARK POND INFORMATIONAL MEETING OF
DECEMBER 5, 1992
DECEMBER 11, 1992
DATE:
This memorandum is to summarize the meeting held at Roger and
Laurie McBride's house (5518 Lost Horizon Circle) in regards to
the proposed Fish Point Park pond proposal.
A total of twelve (12) persons were in attendance for the meeting
which was conducted by Bruce Loney from the City Staff. The
meeting started with a presentation of the proposed project and
a brief background of the Wetland Conservation Act and how the
proposed development along Rutledge Street would construct the
pond in the park as part of the development's responsibility to
mitigate a wetland. It was mentioned also that this pond would
be constructed at the developer's expense with the City
responsible for future maintenance of the pond. A brief
presentation of the proposed pond project was made by Bruce
Loney. The main items of discussion were as follows:
1.) Pond would be approximate .38 acres in surface area and
tentatively shown to be three feet in depth with 6:1
side slopes to the pond bottom.
2.) The pond area adjacent to Fish Point Road is part of the
lake and will require DNR approval to alter the area by
dredging. This would be a future City project if a
storm water utility fee was adopted by the City
Council.
3.) On the question if the excavated material could be use
for leveling an area in the park, I commented that Bill
Mangan, the Parks and Recreation Director, did not feel
a lar~e enough level area could be provided due to the
existlng steep topography. The City may be able to
acquire the area adjacent to Fairlawn Shores Trail and
Maves Trail due to tax forfeiture and would utilize this
area as park play area.
Also at the meeting was Jon Wingard from the Lake Advisory
Committee and he addressed the water quality concern of the LAC
members and how this project Would help in reducing the
pollutants such as phosphorus from reaching the lake.
4629 Dakota St. S.E., Prior Lake, Minnesota 55372 / Ph, (612) 4474230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLDYER
Several comments and questions were asked by the residents about
the project and they were as follows:
1.)
Mr. Richard Roe commented that the cost to the City will
be in the maintenance of the pond and he asked what
provisions are being made to maintain the pond? Bruce
explained that on December 7, 1992, the City was
considering a storm water utility fee for storm water
improvement projects and maintenance. Mr. Roe commented
that he could support the project if a provision was
included that the City would performed maintenance at
set times.
other questions were on the pond appearance, what
vegetation would be present, use of fill to correct a
low area near the proposed pond area. Residents also
inquried about the depth of the pond and most felt a
deeper depth would provide more volume and thus extend
the time to clean the pond.
The pro~osed pond area was marked by Roger McBride and myself for
the resldents to see the outline of the pond area in relationship
to the rest of the park. This area could be seen from the
McBride's residence. The overall consensus opinion of the
residents at this meeting was for the pond to be deeper if
physically possible and for the City to budget in maintenance
funds for the future dredging of the pond.
2. )
(MEMOS3)
.1IIr
1"!'
I N T E R 0 F F ICE
MEMORANDUM
t'
TO:
FROM:
SUBJECT:
DATE:
FILE, RLS 39 SUBDIVISION
i1/-. BRUCE LONEY, ASSISTANT CITY ENGINEER
~ 'FISH POINT PARK POND INFORMATIONAL MEETING OF
SEPTEMBER 21, 1992
SEPTEMBER 22, 1992
This memorandum is to summarize the meeting held in Fish Point
Park in regards to the proposed Fish Point Park pond proposal.
A total of fourteen (14) persons signed the attached sign-up
sheet for the meetin~ which was conducted by Bruce Loney and Bill
Mangan from the Clty Staff. The meeting started with several
comments from b~ Mr. Robert Johnson of 15156 Fish Point Road
about the pro~ect and who was not in favor of the project. A
brief presentatlon of the proposed project was made by Bruce
Loney. The main items of discussion were as follows:
1. )
2. )
3 . )
Pond would provide significant water quality improvement
for the storm water runoff going to Prior Lake.
Developer would construct the pond for the City to meet
the his Wetland Conservation Act of 1991 requirements.
Proposed pond will be a wet detention pond with 6:1
slopes for safety and is estimated to be approximately
.5 - .65 acres in size.
Several comments and questions were asked by the
the pond appearance, safety, maintenance of
control and if the any improvements were planned
adjacent to Fish Point Road.
After the discussion by the park playground area, a tour of the
proposed pond site was conducted Wlth several of the residents.
The overall consensus opinion of the residents was for the pond
area that was staked to be reduced to maintain as much tree cover
as possible between Lost Horizon Circle and Fish Point Road
residents. Also the residents were in favor of improving the
wetland by Fish Point Road by excavating the bottom and
maintaining a water level. It was explained to the residents
that the MnDNR may have jurisdiction over this wetland since it
is actually below the 904 elevation and is adjacent to the lake.
It was explained that a DNR permit may be necessary to do this
work and also the City does not have funds budgeted for
maintenance on ponds as yet.
residents about
pond, mosquito
for the wetland
(MEM051)
~
'10-(76
Metro Waters, 1200 Warner Rd., st. Paul, MN 55106
772-7910
September 10, 1992
Mr. Bruce Loney
City of Prior Lake
4629 Dakota street S.E.
Prior Lake, Minnesota 55372
RE: LYLE BAKKEN PROPERTY FRONTING RIDGEMONT AVENUE, CITY OF PRIOR
LAKE, SCOTT COUNTY
Dear Mr. Loney:
I've completed my review of the Bakken property and offer the
following for consideration.
On August 6, 1992 I inspected the subject property with you and
Bill Dilks from the Prior Lake-Spring Lake Watershed District. My
observation of the wetland to the rear of Mr. Bakken's property
indicated abnormally high water levels for the area. This was
evidenced by several trees whose trunks were inundated with
standing water. Some of the trees were dead, leading me to believe
they may have died due to prolonged flooding.
I am also aware that some years ago the outlet to DNR wetland #70-
170W, located just south and west of Mr. Bakken's property, was
diked for stormwater management purposes. This resulted in raising
the water level of the basin. My records indicate no permit was
granted from this office authorizing alteration of the water level
control of wetland #70-170W.
The protected waters inventory indicates that wetland #70-170W is
a four-acre type III wetland (inland shallow fresh marsh). In my
opinion, the permanent increase in water levels has altered the
character of the wetland such that it exhibits qualities of a type
IV wetland. It also appears to have a larger surface area now than
when it was originally inventoried by the DNR.
I checked the Scott County Soil Survey, 1976 aerial photographs and
the National Wetlands Inventory for further information. Based
upon the history of water level manipulation, and review of several
map sources, I conclude that the wetland area immediately to the
rear of Mr. Bakken's lots on Rutledge Street is not part of DNR
wetland #70-170W. When wetland #70-170W was inventoried, there
were actually three separate, distinct wetland basins which, after
the outlet from #70-170W was raised, became one, larger wetland
complex.
Mr. Loney
September 10, 1992
Page Two (2)
The wetland behind the Bakken property should be treated as being
subject to the Wetlands Conservation Act of 1991. Depending upon
the scope of fill proposed and/or authorized, an authorization from
the U.S. Corps of Engineers may also be required.
At this point in time, I'm not prepared to require the city of
Prior Lake to either restore the run out elevation of #70-170W or to
pursue an after-the-fact permit for the work previously performed
at the outlet. The wetland, as it exists today, is of high
quality. It is my opinion that if the City restored the run out of
wetland #70-170W to its original condition, the result would be a
net loss of wetland, and probably lesser quality wetland.
If you, or any member of the WCA Technical Evaluation Panel take
exception to my analysis and conclusion, please contact me to
discuss.
Sincerely,
~
Patrick J. Lynch
cc: Pete Beckius, Scott SWCD
Bruce Sandstrom, BWSR
USCOE
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