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HomeMy WebLinkAbout12 - Westbury Ponds AGENDA NUMBER: PREPARED BY: SUBJECT: DATE: INTRODUCTION: BACKGROUND: 13 HORST W. GRASER, DIRECTOR OF PLANNING WESTBURY PONDS PRELIMINARY PLAT MAY 17, 1993 Westburr Development Corporation has submitted a petit10n for preliminary plat for Westbury Ponds consisting of 97 single family lots. The Planning Commission conducted a public hearin9 March 14, 1993, to consider the prelimlnary plat. The Engineering Department recommended approval to the Planning Commission with four contingencies dealing with stormwater management, grading, and utilities. The contingencies have been resolved as follows: 1. A NURP pond was required northwest of Lots 11 and 12, Block 1, necessitating a 30 foot access between Lots 11 and 12. The result was Lots 12 19, Block 1, were moved easterly 30 feet causing a 5300 square foot loss to the park. 2. The old borrow pit west of Lots 8, 9, and 10 (now classified a wetland) will be dredged out and used for a stormwater management pond (NURP pond). A trail connecting willow Lane will be the northern boundary of this pond. Public testimony issues: included the following 1. Preservation of the wetlands and wildlife systems. 2. The effect of construction on the natural areas to the north of the lots. 3. Increase in traffic and can the streets accommodate it? 4. 'When will a signal be installed at Five Hawks Avenue and STH 13. 5. Lot sizes were too small. The Planning Commission found the preliminary plat to be consistent with the comprehensive plan and in compliance with the Subdivision Ordinance (see attached Resolution 93-34). 4629 Dakota St. S.E., Prior Lake, Minnesota 55372 I Ph. (612) 447-4230 I Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLDYER ALTERNATIVES: RECOMMENDATION: ACTION REQUIRED: Although the Planning Commission was aware of the alternative development plan and it was entered into the record, however, it was not included in their motion. Staff is re~esting the Council include in their conslderation an alternative eyebrow cul-de-sac design. staff is suggesting that a center island be introduced to reduce the large area of blacktop. The right-of-way would have to be increased by 10 feet. It will not reduce the number of lots. 1. Approve the preliminary plat by adopting Resolution 93-34. Continue the ~reliminary plat hearing. Deny the prellminary plat. 2. 3. Alternative 1 A motion to adopt Resolution 93-34. "RS9334" RESOLUTION 93-34 RESOLUTION OF THE PRIOR LAKE CITY COUNCIL ESTABLISHING FINDINGS OF FACT AND CONDITIONS TO APPROVAL OF THE PRELIMINARY PLAT OF WESTBURY PONDS. MOTION BY SECONDED BY WHEREAS, the Prior Lake Planning Commission conducted a Public Hearing on the 4th day of March 1993, to discuss and to act on an application submitted by Westbury Development Corporation for a Preliminary Plat in accordance with section 6-3-2 of the Prior Lake Subdivision Ordinance. WHEREAS, notice of the hearing on said motion had been duly published and posted in accordance with the a~plicable Minnesota Statutes and an opportunity was prov1ded for all interested parties to comment and be heard; and WHEREAS, the Planning Commission determined the proposed plat to be consistent with the Comprehensive Plan and has recommended approval of the Preliminary Plat subject to the following conditions: 1. The sanitary sewer, watermain, and street plans must be subject to the approval of the city Engineer. 2. The stormwater management, storm water, grading, and erosion control plans must be subject to the approval of the City Engineer. 3. Appropriate drainage ahd utility easements be provided acceptable to the City Engineer. 4. Additional recommendations in the memo from the City Engineer. and; 4629 Dakota St. S.E., Prior Lake, Minnesota 55372 I Ph. (612) 447.4230 I Fax (612) 447-4245 AN EQUAL OPPORTCNITY E."'1PLDYER WHEREAS, the Planning Commission granted block length variances Block 6 for 415 feet, Block 1 for 371 feet, and Block 7 for 30 feet. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF PRIOR LAKE TO APPROVE THE PRELIMINARY PLAT OF WESTBURY PONDS SUBJECT TO THE FOLLOWING CONDITIONS: 1. The three eyebrow cul-de-sacs be redesigned to include a center island or eliminated. ' 2. The City of Prior Lake, Developer, and School District 719, have signed a letter of understanding which sets forth an alternative develo~ment plan for the easterly half of the plat. All partles understand that a replat will be necessary to implement the alternative development plan. Passed and adopted this 17th day of YES May , 1993. NO Andren Fitzgerald Kedrowski Scott White Andren Fitzgerald Kedrowski Scott White Horst W. Graser Director of Planning {Seal} .I " ..:- "CU9304" PLANNING REPORT AGENDA ITEM: SUBJECT: 2 PUBLIC HEARING WESTBURY PONDS PRELIMINARY PLAT AND VARIANCE REQUEST WESTBURY DEVELOPMENT CORP., SAVAGE, MINNESOTA JAMES HAYES, ASSOCIATE PLANNER X YES NO MARCH 4--;-1993 APPLICANT: PRESENTER: PUBLIC HEARING: DATE: INTRODUCTION: The purpose of the public hearing is to consider two distinct applications: Preliminary plat consideration of Westbury Ponds; and variance applications to allow increased block lengths of three blocks within the subject site. The two applications are being considered contemporaneously because of the interrelationship of the subdivision to the development proposal. However, it is necessary to distinguish between the applications in the review process since the subdivision and variance process are separate issues. A separate motion in the form of a recommendation to the City Council, will be required. Each motion should be supported by findings of fact, performance criteria and hardship findings relevant to the specific application. The attached agen~a packet contains the application for subdivision and varIance application along with a written proposal prepared by the developer, supporting maps and data. The applications are followed by a packet containing memorandums from city staff and other affected agencies received as of March 1, 1993. Finally, the public hearing notices and maps published in the Prior Lake American and mailed to approximately 200 residents, business owners, utility companies and affected agencies. SUBDIVISION REVIEW: The preliminary plat of Westbury Ponds is being processed as a standard subdivision with the procedures and requirements outlined in Section 6-3-2 of Subdivision Ordinance 87-10. The subject site consists of approximately 60 acres bounded on the south by S.T.H. 13 and the existing and proposed plats of West Edge Estates (a Townhouse Project), on the east and northeast by Five Hawks Avenue and Five Hawks Elementary School, on the north by Pershing Avenue and the older plat of Spring Brook Park, and on the west by the plat of Willows Sixth Addition. See Exhibit A for the subject site area location map. 4629 Dakota St. S.E., Prior Lake, Minnesota 55372 I Ph, (612) 447-4230 I Fax (612) 447-4245 AN EQUAL OPPORT1JNlTY EMPLDYER The bulk of the property has been under cultivation except the pond areas to the north and northwest and the areas with boxelder growth near the farm buildings and ravines. The pond areas are wooded with a mixture of tree types and sizes. There are several areas that are becoming eroded because of storm water runoff from the south, the main problem is along the westerly boundary with the willows sixth Addition plat. The ~roposal as presented is for preliminary plat approval to subdlvide the property into 97 single family lots in two phases. Phase 1 as shown on the preliminary plat contains 42 lots. Phase 2 would contain the remaining 45 lots. The proposal will provide for a sidewalk along the northerly side of Willowwood street from willow Lane to Five Hawks Avenue and a six (6) foot earth berm along the Highway 13 right-of-way with lilac and sumac cover on top. Also as a part of the proposal the developer will dedicate to the City the park area and deed the area contained in Outlot A, on the plat to the city. The access to the site from Highway 13 will be via County Road No. 12 and willow Lane for phase one of the ~roject. After completion of phase two the property will access Hlghway 13 from Five Hawks Avenue and the proposed willowwood street. This intersection will eventually receive signal lights thereby improving the safety of access for the Five Hawks School busses. The proposed roadways will also allow an access to the west and north for the school busses without entering Highway 13. It is the intention of the developer to have custom built frame houses with attached garages and a mixture of individual house designs using earth tone color or wood exterior finish. The house size and type will be similar to the houses constructed in the willows sixth Addition. Sales are anticipated to be in the $110,000 to $135,000 range. Assessments: See memo from Ralph Teschner dated February 19, 1993 for details. The subject site has been previously assessed for water and sewer improvements under project 72-7 in 1974. 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 delinquencies. The subdivision is subject to a unit assessment for Water and Sewer ($601.48/lot); Street Overlay sum ($908.20); a Stormwater Management Fee (16.8 cents/sq. ft.) and a Collector street Fee of ($700.00/acre). Total City fees required for the development of the subdivision amount to $324,088.77, which will be collected upon entering into a developer's agreement for the utility improvements. Comprehensive Plan: The Planning Commission held a public hearing for the comprehensive plan amendment and rezoning on August 6, 1992. The commission recommended approval of the amendment to the comprehensive plan for Westbury Ponds from medium density to low density residential and that the zoning map should be amended to reflect a rezoning of the site from R-3, Multi-family Residential and B-3, General Business to R-1, Single-family Residential. The city council subsequently approved the Planning Commission recommendation for these amendments on September 8, 1992. Thus, the development of Westbury Ponds is consistent with the comprehensive plan of the City of Prior Lake. Gradinq & utility Plan: See memo from Larry Anderson dated March 1, 1993 for details. Predevelopment stormwater runoff flows northerly into the ponds and northeasterly via the northeasterly pond into a creek and then into Prior Lake. A large amount of stormwater flows onto the southwest corner of the site and into the smaller northwesterly ponding area. This runoff has caused some severe erosion problems along the westerly boundary of the property. Preliminary review of the site indicates that on site ponding of surface water runoff to maintain water quality will be necessary for the requested improvements. All storm sewer easements needed for the site will be provided with the final plat submittal after the final plans are approved by staff. The drainage problem which exists in the area abutting this ~lat will be corrected by filling in the hole created by the prevlous developer. The hole is on lots 2 - 5, Block 1, Westbury Ponds First Addition. The storm water will be routed through a proposed pipe in willowwood street and Dunkirk Avenue. The hole on Lots 2 - 5, Block 1, will be filled and the drainage problem corrected. There are some steep slopes along the north and west sides of the property between the pond areas and the area being proposed for development. These areas will be protected with silt fencing and by seeding the disturbed areas as soon as ~ossible after site grading is completed. As required by C1ty Ordinance, proper erosion control and runoff containment will be maintained auring construction of the houses. Upon completion of the building construction and utility hookup all disturbed areas will be dressed off and covered with sod. Park Dedication: The park dedication requirement for Westbury Ponds will be an area of 2.78 acres on the northeast edge of the site abutting the Five Hawks School property. It is understood that this area will be available to residents as well as students during the daytime hours. In addition, 15.9 acres will be deeded to the city as Outlot A which contains wetlands and steep slope areas. This park acreage may be exapnded in future plans during phase two of the development. General Discussion: The proposed subdivision can be considered an infill property in Prior Lake and is restricted on all sides by adjacent residential, transportation, or natural areas. These site restrictions require variances for three blocks within the site. MnDOT has discouraged additional road access to T.H. 13 which has compelled the developer to plat the parallel block #6 to extend for 1415 feet, which requires a variance of 415 feet. Block #1 will also require a variance of 371 feet because of the constraints of the wetlands bordering the site on the north and northwest. Finally, block #7 will also require a variance due to the constraints of the school property and park dedication which border the site on the north. This variance is only 30 feet but still must be addressed in this application. The city is currently working with the school district and the developer to dedicate additional land for school property. The school district is attempting to find suitable land for an additional school building. This may entail a joint powers agreement in which there would be a land exchange between the school district and the developer. All of this information will be presented at subsequent meetings. Alternatives: 1. Find the preliminary plat of Westbury Ponds in compliance with the Subdivision Ordinance contingent upon: a) The sanitary sewer, watermain and street plans must be subject to the approval of the City Engineer. b) The stormwater management, storm sewer, grading, and erosion control plans must be subject to the approval of the City Engineer. c) Appropriate drainage and utility easements be provided acceptable to the city Engineer. d) Additional recommendations in the memo from the City Engineer. 2. Deny the plat based upon specific findings. 3. Continue the hearing for specific purposes or lack of information or detail. WESTBURY PONDS FIRST ADDITION Page 3 PROPERTY ZONING CLASSITICATION: The property is presently zoned R-1 Single Family Residential and the requested use for this project is also R-1 Single Family Residential. PROPERTY LOCATION: The property is bounded on the south by State Highway 13 and the existing and proposed plats of West Edge Estates (a Townhouse Project), on the east and northeast by Five Hawks Avenue and Fi ve Hawks School, on the North by Pershing Avenue and the older plat of Spring Brook Park, on the west by the plat of Willows Sixth Addition. EXISTING SITE CONDITIONS: The bulk of the property has been under cultivation except the pond areas to the north and northwest and the areas with boxelder growth near the farm buildings and the ravines. The pond areas are wooded with a mixture of tree types and sizes. There are several areas that are becoming eroded because of storm water runoff from the south, the main problem is along the westerly boundary with the Willows Sixth Addition plat. Public sani tary sewer, water and electrical services are available t'o the site at this time. EXISTING STORM WATER RUNOFF: Predevelopment stormwater runoff flows northerly into the ponds and northeasterly via the northeasterly pond into a creek and then into Prior Lake. A large amount of stormwater flows onto the southwest corner of the site and into the smaller northwesterly ponding area. This runoff has caused some sever erosion problem along the westerly boundary of the property. Preliminary review of the site indicates that on site ponding of surface water runoff to maintain water quality will be necessary for the requested improvements. All storm sewer easements needed for the site will be provided with the final plat submital after the final plans are approved by staff. WESTBURY PONDS FIRST ADDITION Page 4 STEEP SLOPES AlID EROSION CONTROL MEASURES: There are some steep slopes along the north and west sides of the property between the pond areas and the area being proposed for deve1opement. These areas will be protected with silt fencing and by seeding the disturbed areas as soon as possible after the site grading is completed. As required by city ordinance proper erosion control and runoff containment will be maintained during construction of the houses. Upon completion of the building construction and utility hookup all disturbed areas will be dressed off and covered with sod. VEHICULAR ACCESS The access to the site from Highway 13, will be via County Road No. 12 and Willow Lane for phase one of the project. After completion of phase two the property will access highway 13, from Five Hawks Avenue and the proposed Willowwood Street. This intersection will eventually receive signal lights thereby improving the safety of access for the Five Hawks School Busses. the proposed roadways will also allow an access to the west and north for the school busses without entering highway 13. ARCHITECTURAL STAlIDARDS It is the intention of the developer to have custom built frame houses with attached garages and a mixture of individual house designs using earth tone color or wood exterior finish. The house size and types will be similar to the houses constructed in the Willows Sixth Addition. Sales are anticipated to be in the $110,000 to $135,000 range. WESTBURY PONDS FIRST ADDITION Page 5 r REQUEST FOR SUBDIVISION The proposal as presented is for preliminary plat approval to subdivide the properly into 97 single family lots in two phases. Phase 1 as shown on the preliminary plat contains 42 lots. Phase 2 would contain the remaining 45 lots. The proposal will provide for a sidewalk along the northerly side of Wil1owwood Street from Willow lane to Five Hawks Avenue and a 6 ft. earth berm along the highway 13 right-of-way with lilac and sumac cover on top. This berm should greatly reduce the traffic noise generated by highway 13. Also as a part of the proposal the developer will dedicate to the City the park area and deed the area contained in Outlot A, on the plat to the City. it is understood that the City Park Department will construct the 8 ft. nature trail shown on the plat. SITE DATA & DENSITIES: GROSS AREA OF PLAT 59.80 ACRES OUTLOT A OF PLAT 15.90 ACRES PROPOSED PARK AREA OF PLAT 2.78 ACRES AREA OF STREET R/W IN PLAT 8.09 ACRES 33.03 ACRES NET AREA OF PLAT TOTAL PROPOSED LOT 97 NET DENSITY 97/33.03 2.94 DU AC. PAGE 6 Introduction This is an inventory of the forestry cover type for the preliminary plat of Westbury Ponds. ' Considering the many different treed areas of the plant, I have separated out certain areas for ease of explanation, They are as follows: A. Isolated areas of Boxelder B. Open, uncultivated areas C. Low wet areas bordering the wetlands D. Steep areas bordering the wetlands E. Conibination of wet and steep area near the wetlands F. Small stand of Black Walnut See Appendix A for a list of forestry tenns and scientific names of trees mentioned in this report. A. Isolated Areas of Boxelder · These are areas that have not been fanned because they were too steep to be tilled or because it was part of the fannstead. · Boxelder. a weak. fast-growing tree dominates these sites because they out-compete other species. · These sites have been dumping grounds for old fann machinery. · Most trees on these sites are old growth (30+ years). · Regeneration of Boxelder and Elm occur in thinner populations. B. Open, Uncultivated Land . Sumac and Elm are being established, · Trees are small, generally about 2" caliper. PAGE 7 C. Low Wet Areas Bordering the Wetlands Area C1 has a few old-growth larger remnants, . A very large (estimate 5' dbh) Ash tree grows here. Possibly a record. . A large Bur Oak (24"+ dbh), . Regeneration consists of Boxelder, Elm, Green Ash, Hackberry, Bur Oak, and Red Oak. . Regeneration is mostly Boxelders with diameters of 4-10" dbh. . Young tree population is average. . There are a few scattered Willows and Cottonwoods in this site. Area C2 consists mainly of Cottonwood and Willow . Diameters range from 6-12" dbh. . Regeneration is Boxelder. . This area is wet most of the year. . Populations are average to thin. D. Steep Areas Bordering the Wetlands Area 01 is predominantly 4-5" dbh Ash trees. . Population of young Ash trees is high, . Small Red Oak and small Boxelders also grow here, but their population is small, Area 02 (along Pershing Avenue) consists of large, sparsely populated Bur Oak. A large Basswood and Red Oak was also found. . A thick population of Basswood and Oak (2-6" dbh) are established. II _.....__...._.-...........__.... ,__..__". . r-__...-~...,.-.......".., ............-_.__ PAGE 8 Area D3 has Sugar Maple and Bur Oak. . Trees are mature and population is light. . Mature trees are 16-20" dbh. Regeneration is Sugar maple (under 2" caliper). E. Combination of Wet and Steep Areas Around Wetland . Predominate tree cover is 10-16" dbh Cottonwood. . Swamp Willow established at wetland edge. . New growth is Elm and Boxelder. . Populations are average. F. Stand of Walnut . This stand exists within Area D · A large Slack Walnut (est. 20" dbh) is probably the seed source for newly established trees. · 10-20 Black Walnut trees of 4-6" diameter are fond in this area. · - The large Black Walnut is not a high value lumber or veneer tree. Most of its value is for wildlife. Conclusion · The large high-quality trees that are found on all sites are very susceptible to construction damage, either by filling over with soil, compaction from equipment, or excavation. · A minimum safe distance from these trees would be the drip line (the area around the base of the tree that is determined by the outermost edge of the branches), · If drainage patterns change, soil and moisture conditions will change, thus affecting the health and vigor of the trees. PAGE 9 · It is a good practice to keep desirable small trees because they can survive construction and eventually replace the old trees when they die, · Most all trees on this site have a small value for the lumber they can produce, but their value is in the benefit they provide to the wildlife and esthetics to the people.