HomeMy WebLinkAbout9A - Windsong On The Lake - Resolution 99-127
MEETING DATE:
AGENDA #:
PREPARED BY:
REVIEWED BY:
AGENDA ITEM:
DISCUSSION:
CITY COUNCIL AGENDA REPORT
NOVEMBER 15, 1999
9A
JANE KANSIER, PLANNING COORDINATOR
DON RYE, PLANNING DIRECTOR
CONSIDER APPROVAL OF RESOLUTION 99-XX
APPROVING AN AMENDMENT TO THE WINDSONG ON
THE LAKE PUD TO ADD ADDITIONAL PROPERTY AND
BOAT SLIPS
History: The original Windsong on the Lake PUD was approved in
1983 and consisted of 33.36 acres of land to be developed into 26
large, single family lots, a private equestrian club, and a private
recreation area adjacent to the lake. The final plat for the original lots
was approved in 1984. In 1988, the PUD plan was amended to
eliminate the equestrian club and substitute 12 single family lots, for a
total of 38 single family lots. A final plat, Windsong on the Lake
Second Addition, consisting of 7 of the 12 new lots was approved in
1995. The remaining 5 lots were platted in 1999. To date,
approximately 12 of the 38 lots remain undeveloped. The Planning
Commission considered an amendment to the PUD, along with a
preliminary plat for this site, known as Windsong on the Lake Third
Addition, in February and April of 1998. The Planning Commission
recommended approval of the amendment and the preliminary plat.
The preliminary plat was eventually approved by the City Council,
along with a final plat for this area. However, the PUD amendment
was not forwarded to the City Council since final approval also
required approval of the homeowner's association.
The developer has now obtained approval from 90% of the members
of the homeowner's association for this amendment. Due to the length
of time that has elapsed between the original hearing and this date, the
developer has reapplied for the amendment to the PUD.
Current Circumstances: This proposal adds the property legally
described as Outlots A, Band C, Windsong on the Lake 3rd Addition,
formerly a portion of the Schricker property, to the Windsong on the
Lake PUD. The original PUD area consists of 33.36 acres. The area
to be added to the PUD is 0.97 acres, for a total PUD site of 34.33
b\99iile!i\99..Ruds\wipdsong\Windcc.do<< Page J
162 'U cagle creek Ave. :S.c., Prior Lake, Minnesota-:JS372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
acres. The topography of the site to be added to the PUD is primarily
steep slopes and bluffs, with elevations from 904' MSL to 940' MSL.
There is no grading proposed as part of this plan. Since no grading or
land disturbing activity is proposed, a tree inventory has not been
prepared. It should be noted that some trees have been removed from
the area described as Outlot B, Windsong on the Lake 3rd Addition.
These trees were removed without a tree inventory or preservation
plan. We have been working with the property owner to ensure that all
City requirements are being met. If necessary, replacement trees will
be planted on this site.
The proposed amendment does not provide any additional buildable
lots to this development. What it does provide is an additional 171
feet of lakeshore frontage under common ownership. This additional
frontage will allow more boat slips for the lot owners in the Wind song
development. There are currently 26 boat slips located along the
common area of this development. The additional frontage this
proposal provides would allow up to 11 additional boat slips under the
formula outlined in the City's Zoning Ordinance. According to the
plan submitted by the developer, the new boat slips would be located
just south of Outlot C, to the north of the existing docks. The
Minnesota Department of Natural Resources controls the actual
location and configuration of the boat slips. As noted in the attached
letter from Pat Lynch, DNR Area Hydrologist, the current DNR permit
for this development must be amended to allow the additional slips.
The Planning Commission considered this request at a public hearing
on October 25, 1999. The Commission noted that approval has been
obtained from 90% of the homeowners. The Commission
recommended approval of this request with the following conditions:
1. No more than 11 additional boat slips shall be permitted. The
Developer must provide a copy of the revised DNR permit
allowing the additional boat slips to the Planning Department.
2. There shall be no filling or grading on Outlots A, B or C,
Windsong on the Lake Third Addition, without the issuance of a
separate filling and grading permit. Any alteration to the existing
vegetation on these outlots must also be consistent with the
Shoreland provisions of the Zoning Ordinance.
A copy of the draft minutes of the Planning Commission meeting is
attached to this report.
The Issues: The major issue is whether or not the proposed
amendment will change the character of the PUD. The proposal does
not add any additional buildable lots to the site. The primary effect of
this amendment is the additional boat slips that would be allowed,
1:\99files\99puds\windsong\windcc.doc
Page 2
FISCAL IMPACT:
ALTERNATIVES:
RECOMMENDED
MOTION:
REVIEWED BY:
providing the association with 37 boat slips for 38 lots. The outlots to
be added to the PUD provide common open space that is not easily
accessible or very useable space. All of the outlots are very steep and
do not provide good access to the lakeshore.
Conclusion: The proposed amendment will not alter the character of
the PUD.
Budget Impact: There is no immediate budget impact as a result of
this request.
The City Council has three alternatives:
1. Adopt Resolution #99-XX approving the amendment to Windsong
on the Lake PUD Plan as proposed.
2. Deny the proposed amendment. In this case, the Council should
direct the staff to prepare a resolution with findings of fact for the
denial of this request.
3. Defer consideration of this item for specific reasons.
Staff recommends alternative #1. A motion and second adopting
Resolution 99-XX ap oving the amendment to the Wind song on the
Lake PUD Plan is a p opriate.
?
I :\99files\99puds\ windsong\windcc.doc
Page 3
RESOLUTION 99-XX
RESOLUTION APPROVING AN AMENDMENT
TO THE WINDSONG ON THE LAKE PLANNED UNIT DEVELOPMENT
MOTION BY:
SECOND BY:
WHEREAS: H & H Land Development has submitted an application to amend the approved
development plan for the Wiindsong on the Lake Planned Unit Development Plan by
adding the following legally described property:
Legal Description:
Outlots A, Band C, Wind song on the Lake 3rd Addition;
And
WHEREAS: The Prior Lake Planning Commission considered the proposed amendment at a public
hearing on October 25, 1999; and
WHEREAS: owners of property within the Windsong on the Lake PUD have been notified of the
proposed amendment in accordance with Section 1106.607 of the Zoning Ordinance;
and
WHEREAS: The Prior Lake City Council considered the proposed amendment to the approved
development plan for the Wind song on the Lake PUD on November 15, 1999; and
WHEREAS: the City Council finds the amendment to the Wind song on the Lake PUD consistent with
certain elements of the Comprehensive Plan and the Zoning Ordinance; and
WHEREAS: the City Council finds the amendment is in harmony with both existing and proposed
development in the area; and
WHEREAS: the City Council finds the amendment would result in an opportunity to address the full
range of the marketplace; and
WHEREAS: the City Council finds the amendment is compatible with the stated purposes and intent
of the Section 1106 Planned Unit Developments of the Zoning Ordinance; and
WHEREAS: the City Council finds the proposed amendment adequately provides for internal
organization, uses, circulation, public facilities, recreation areas and open space.
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF PRIOR LAKE,
MINNESOTA, that it hereby approves the amendment to the Wind song on the Lake Planned Unit
Development subject to the following conditions:
1. No more than 11 additional boat slips shall be permitted. The Developer must provide a copy of the
revised DNR permit allowing the additional boat slips to the Planning Department.
1:\99tl1~)990ud~\wio.dSOT\g\r.$99xx~.doc PAGE I
Ib~UU cagle ueeK Ave. ~.t.., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 7 Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
2. There shall be no filling or grading on Outlots A, B or C, Windsong on the Lake Third Addition,
without the issuance of a separate filling and grading permit. Any alteration to the existing vegetation
on these outlots must also be consistent with the Shoreland provisions of the Zoning Ordinance.
Passed and adopted this 15th day of November, 1999.
YES NO
Mader Mader
Kedrowski Kedrowski
Petersen Petersen
Schenck Schenck
Wuellner Wuellner
{Seal}
Frank Boyles, City Manager
I: \99files\99puds\windsong\rs99xxcc.doc
PAGE 2
Planning Commission Minutes
October 25. 1999
published for October 25, 1999, staff recommended opening the public hearing and
continue it to November 8, 1999.
There were no comments from the public.
MOTION BY CRAMER, SECOND BY VONHOF, TO CONTINUE THE HEARING
TO NOVEMBER 8, 1999.
B. Case File #99-078 H & H Land Development is re
add 1.53 acres to the original Windsong on the Lake PI
indsong on the Lake
and south of Lords
Gary of the existing
Vote taken indicated ayes by all. MOTION CARRIED.
Planning Coordinator Jane Kansier presented the Pia
1999, on file in the office of the City Planner.
Staff felt the proposed
Windsong on the Lak
the existing development ofthe
conditions:
1. No more than
provide
PI
oa hall be permitted. The Developer must
DNR permit allowing the additional boat slips to the
2.
g or 'ding on Outlots A, B or C, Windsong on the Lake
the issuance of a separate filling and grading permit. Any
vegetation on these outlots must also be consistent with the
f the Zoning Ordinance.
ublic:
Ralph Heuschel ofH & H Land Development, the developer, said it was not easy to get
a 90% consent approval from the homeowner's association. A significant amount of
money is in escrow to make sure the work (landscape) is completed. Heuschele
addressed the grading. He also spoke of an oral agreement with the DNR in regard to
Outlot A remaining natural. Heuschele felt improving access to Outlot A would not
necessarily be productive. DNR Hydrologist, Pat Lynch stated in his September 28,
1999, letter the DNR would like to maintain some control in the process.
I :\99fi1es\99p1comm\pcmin\mn I 02599 .doc
2
Windsong PUD Amendment
~~l -'~~/~'1J8:' ~ I
bl '. rY";,(. o,r ..?-(I 1).,"' .. . . -
~~ ,. .n..",~"'" . ~~'. ,
~ ~ 'A'. . !'" .' r:-Ci/;. ": ~"-:..\ I
~":"":"'r-...:....~ '
- ' iI"JI ~.
.. '... ..~ ~ . r\.
:t~'4' .~' ~ A\J~
"-::- ')ol; ~): tl'"L.' ~ 'BI ~.A" "'I \ \ \ ~ ~
4 :A " ....., \
:. ~I:\c.' .~ 1:1 ~ ' --
l. . ~ .
" ~~
"" rr;.,. .
"'Iii: .
'.~ ~~~l)
~~.~
.~
....
fl..
, --. -... Y ,rf......;1i
q,~&-
~ II = ~j~.I.',UTI.lil>'.J '. lI'fJ "7'y~.'\
, _ H" '. I
.~ "'" ~ . . ' ., ., . -;.,. I~"
...,.,...... Sit """ "':-." .-
r"'~' _:' ~~"""":":"~~'" >Q ".~J __ ~, (_.\t'
" .' . ". ". .:. "".~ ....~ ~ ;r.--J-
... . . '. ~ '- ~t: -:..~ \j:: 'L \ . ""'
.fL "" () " '.,1. "X ~.' ",~ I.....'"
, ~~y..v/...... ... :-,'" ,'.- "" ~"m i
~'@' , , -;000. "".y.\:l.J' ~...., L
'.' , ~ ,~. ',)1'
" . ~.~ .
.:i,:'~W -- " ~~ ~ ~ .'
~: .~' ~. _ l'\llf..ru
:~~'. ,. ~_, ~~~"~~~'.. ~ LakefdntParl<.......
'~~,'. '. , . . . . . . . ~ ~) " $' ...."'.
r', . -- ~"'-i,
. . ":T..:J. .... r: ' . , ,"Sii' . :. :
,Il.lIl\\ ~. . 'r l ~ I~ 'r-.l.:Jt . '~L'
~ ,(Drl 'i':J.V ~ ,\ ,: :.,. . . '"Y~~ . -
~ ~ '. ~ ~ ,', . TJ3..Jri' , r- I
-- . I/o/. ~. . . '. : ~:-. /.
~ /.' fJ!HJJ'
.' ~'~\>j i J.~~,. ,~~lJ~~,
L.:: I""~'---"" E':l.N ~/~.S
A ' ~ ::c ~~ ~ " .', lfifIi//fiiij ~
A~~-,~~~t
~~~ I~~, I::b:i
/
~
J-',
I.~.
~ '.
~ .
I
I
..f
1~ - --
. )
/1
Site Location~
[Ll
v
~~
C"k.-'- '71"
L.. ~L ..~
r::JI' .}.
Li:B.
I
I
\
/I
o 500 1000 Feet
I
~
N
_.~ ilfT
\ '
J / \
't_~
/~.... __ .0-
f
, /
\ {
I I.'
I \ 00
J I:
/ i
/ .I
i /
/ -- - !;:::-
j)
/,f /
/;' "
/,/ I'
/'
NOT NCllOEO II PlIO
PRIOR lAKE
j
\
\
.,
\
'"
Prior Laka, Mlnn~SOla
H&H
land Development
OVERALL
P.U,D, PLAN
~=~.:.an::.~..~""." ,..,.........
__ .... ."1 .. \lit ..:: ~ ::.;.-::-" L..::-'::.::::'-
~~..,
-..
C"ICU.
"'~00V0"""""'''
WINDSONG
on the lake
Owner IO.v.loper
H & H LAND DEVELOPME,NI
e::r Ralph W. Heuschele iff)" ~ @ [~ 0 ~I~{-,I~i
8039 Stocking Road III: l r '-:;;., Ii r
Empire, MI 49630 A I SEP 2 4 1999 /,,;,! I,,'
(231) 334-3507 1\ i i I i
'i \ I';
I '" .. ..... :; ".' '
__~.1:.,_""
September 23, 1999
TO: City of Prior Lake
RE: Windsong PUD
REQUESTS:
1, Amend Windsong PUD to add Outlots A, B & C, Windsong on the Lake, 3rd
Addition.
2. Grant consent for issuance by Minnesota Department of Natural Resources
of permit for 11 new boat slips.
Please refer to Developer's narrative dated January 30, 1998 and May 21, 1998,
copies of which are attached.
We have obtained the 90% consent of all Wind song owners necessary for filing
of amended Wind song Covenants and amended Windsong Association By-Laws,
Copies of the signed consents are included in this submission.
We now ask that the PUD be amended to include Outlots A, B & C Windsong on
the Lake, 3rd Addition and that the City consent to issuance by the Minnesota
Department of Natural Resources of a permit for 11 new boat slips.
Very truly yours,
~f~~
by Ralph W. Heuschele
RWH:sb
Enclosures
05/21/1998 14:58
5128848998
RALPH HEUSCHELE ATTY
PAGE 83
.i (r-:\ ;~~~ ;
L-::-, \:::.,) L:<; t - \. .
r----~----..------ ..-..
I
'--'---~1
1/30/98
i", i SEP 2 4 1999 ",:
" \ ! ' \ ,
; i \ \ I! . I !~/ I
i I \ \ __.___.___,;
u\....--
Windsong on the lake Third Addition
Prior Lake, MN
Proposed by
H & H Land Development
REOUESTS
1. P.U.D. Amendment
2. Preliminary Plat/Subdivision review and approval.
3. Final Plat review and approval.
PROPOSAL
In 1983, the original 33.36 acre Windsong on the lake P.U,D, was approved by the City of Prior
Lake. It consisted of26 single family detached home sites, a private equestrian club (S:!: acres)
and private recreation areas (3.55:!: acres) including tennis, trails, docks, beach, shelter building,
etc.. The private recreation areas have been built and most of the original lots sold, The P .U.D.
was amended in 1987 by eliminating the 8:!: acre equestrian club and substituting 12 single
family detached lots. Of these, 7 lots were developed in 1995 and 5 remain for a future final plat
addition (subject to market demand and Co. Rd, 21 construction).
The current proposal is to add an additional 1,53 acres (John and Jolene Schricker residence -
15371 Edinborough Avenue) into the project, amend the P.U.D, and resubdivide the property.
The resubdivision would include the 0.45 acre Daniel Metzger residence (4130 Windsong
Circle) bringing the total site to 2.08 acres.
The subdivision would:
1. Create a new 0.56 acre parcel (Lot 1, Block 1) for the. existing Schricker residence
maintaining the same usable area as existing and providing 140 feet of lakeshore
frontage. ThIS residence would maintain its access from Edinborough Avenue.
Since this lot is isolated from other lots within the project, it is not going to be
included in the Windsong P.U.D.. It will just be part of the subdivision/plat process.
2. Enlarge the existing Metzger parcel to include a portion ofthe Schricker property to
create a new 0.77 acre parcel (Lot 1, Block 2) that has a 75' lakeshore frontage. The
existing residence would remain. The additional land provides visual lake access for
the land owner. The P,U.D. wiJIlimit boat dockage to the common dock area
maintained by the homeowners association.
3. Provide 2 parcels (Outlot A 0.57 acres and Outlot B 0.18 acres-total 0.75 acres) that
will be incorporated into the common private open space area of the P.U,D.. No
improvements are planned at this time for these areas. This brings the total P.U,D. '
open space to 4.3= acres to provide 13% park area within the 33:!: acre overall
P,U,D, (total P,U.D, area excludes the 1.3 acre Hennen residence from the original
P,U,D. and the existing 0.56 acre Schricker residence form this proposal).
This proposal involves only an amendment to the P.U.D. and land subdivision. All public
improvements (street, utilities, etc.) are already in place, No site grading or other improvements
are proposed and therefore existing tree cover will remain undisturbed.
All boat slips within the P.U,D. will be through common dockage controlled by the homeowners
association and covenants and will be based solely from the existing Outlot C in Windsong on
OS/21/1998
:};;"l" . .
7
14:58
5128840990
. ".' ..-
. . ':\' ~./t~~>:~:'~~i;.'~~':~''. >.:.'~ .:';- .
"," ..'
" I,'
RALPH HEUSCHELE ATTY
PAGE 04
'. . ...... -. .
the Lake or Outlot B, Windsong on the Lake Third Addition. The additional land provides 385'
of lakeshore frontage. Of this, 140 feet will remain with the existing Schricker parcel and 75 feet
will be added to the Metzger parcel. This leaves a net 170' of lakeshore which will allow an
additional 15 boat slips. Proposed Outlot A of the third addition will have conservation
easements based on review with the Mn DNR.
OS/21/1998 14:58
5128840990
RALPH HEUSCHELE ATTY
PAGE 02
H & H LAND DEVELOPMENT
10315 Thomas Avenue South
Bloomington, MN 55431.3315
(612) 884-5037
May 21,1998
City of Prior Lake
RE: Windsong on the Lake Third AdditIon, Prior Lake, Minnesota
Amendment to Plat and Deferral of PUD Amendment
REQUESTS:
1. Defer PUD Amendment.
2. Preliminary Plat/Subdivision review and approval.
3. Final Plat review and approval.
Please refer to the Developer's narrative dated January 30, 1998; a copy of which is attached,.
Our original application, made on or about January 30, 1998, was for the subdivision of the
property formerly owned by John and Jolene Schricker as Windsong on the Lake, 3rd Addition and the
amendment of the Windsong on the Lake PUD to add all of Windsong on the Lake, 3rd Addition, except
the parcel with the former Schricker home on it, into the Windsong PUD, Planning Commission approval
was obtained on April 13, 1998, The developer has agreements to sell the parcel containing the single
family residence and 140 feet of lake frontage (Lot 1, Block 1, Windsong 3rd) and the "Metzger parcel"
(Outlot S, Windsong 3rd in the revised submission),
The objective of this plat amendment is to separate the subdivision of the property and the PUD
Amendment into two separate steps. Completion of the subdivision will permit the developer to close on
existing purchase agreements. The PUD Amendment requires a 90% consent by present Windsong
homeowners and will be required to obtain the permit for additional boat slips, the original objective of
this project. The developer is in the process of obtaining those consents: however, it is possible that
some delay will be experienced in obtaining the last few consents,
The original subdivision plan incorporated Lot 2, Block 1, Windsong on the Lake, into Windsong
on the Lake 3rd Addition as part of Lot 1, Block 2, Windsong on the Lake, Third Addition. The parcels of
Windsong on the LaKe 3rd Addition under that development plan were:
Lot 1, Block 1, containing 140 feet of lake frontage and the existing single-family home:
Lot 1, Block 2, a combination of a parcel with 75 feet of lake frontage and the former Loi
2, Block 1 Windsong on the Lake;
Outlot A. containing 95 feet of lake frontage and
Outlot B, containing 75 feet of lake frontage
The revised plan will contain the following parcels:
Lot 1, Block 1, containing the existing single-family former Schricker home (unchanged
from the former plan);
Outlot A. containing 95 feet of lake frontage
Outlot B, containing 75 feet of lake frontage and, adjacent to Lot 2, Block 1 Windsong on
the Lake
Outlot C (formerly Outlot B), containing 75 feet of lake frontage
The sole change made by this amendment to our original application is to not include Lot 2, block 1,
Windsong on the Lake in Windsong on the Lake 3rd Addition,
r--:-'--~--: r'--" n ~,~' ,;1 r~'" I
Minnesota Department of Natural Resources... (~_' ;~,~~,!"".
; ., I i 1,-
Metro Waters - 1200 Warner Road, St. Paul, MN 551d61T II11 \
Telephone: (651) 772-7910 Fax: (651) 772-79 ~~ OCT , II!l9 IW
September 28, 1999
Mr. Ralph Heuschele
H & H Land Development
10315 Thomas Avenue South
Bloomington, Minnesota 55431-3315
RE: Permit #88-6322, Windsong On The Lake Marina, Prior Lake
Dear Mr. Heuschele:
On August 25, 1999, I sent you a letter regarding the nwnber of additional boat slips that could be permitted by the DNR upon
completion of the subdivision ofWidsong On The Lake Third Addition and the PUD amendment with the City of Prior Lake.
In that letter to you I indicated that your DNR permit could be expanded by an additional ten boat slips, based upon the final
plat.
I'm writing today to inform you of an error in my original determination of the nwnber of additional boat slips at the
Windsong Marina, I have received a copy of the final plat of Windsong On The"Lake Third Addition from Westwood
Professional Services.
Based upon my most recent calculations (164,35 feet of additional shore frontage at Outlots A & C), I have determined that
j- 11 additional boat slips may be permitted under the existing DNR Permit #88-6322. Following the completion of the PUD
amendment, it will be necessary to amend the permit to reflect the slip additions, To complete this permit amendment
process, I will need a written request, along with a revised dock layout and $75.00 amendment fee. DNR permit rules require
marina fa~ilities be centralized and designed in a compact fashion so as to minimize the water surface area occupied by
docks, lifts, etc.
As I indicated to you in my earlier correspondence, we discussed removal of an existing retaining wall on Outlot C, no
variances on new lots, and covenants addressing use and management of the new outlots as conditions ofDNR approval.
When we began discussions regarding this project, it was my intention to allow passive use of the outlots, with minimal
alteration to the existing vegetation and topography, I am interested in continuing this discussion with you,
I apologize for the error in my original calculation of allowable boat slips, and hope it did not cause you undue inconvenience.
If you have any questions, please call me at 651-772-7917.
Sincerely,
~'v(L,J~,,^-c/Ld}b
Patrick 1. Lynch rrtj
Area Hydrologist
c:
Jane Kansier, City of Prior Lake /"
DNR Information: 651-296-6157 · 1-888-646-6367 · TTY: 651-296-5484 · 1-800-657-3929
An Equal Opportunity Employer
Who Values Diversity
.... Printed on Recycled Paper Containing a
t.... Minimum of 10% Post-Consumer Waste