HomeMy WebLinkAbout8B - Knob Hill North
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STAFF AGENDA REPORT
AGENDA #:
PREPARED BY:
REVIEWED BY:
SUBJECT:
DATE:
8B
JANE KANSIER, PLANNING COORDINATOR;
DONALD RYE, PLANNING DIRECTOR
CONSIDER APPROVAL OF ORDINANCE #97-XX
APPROVING A ZONE CHANGE FROM THE C-1
(CONSERVATION DISTRICT) TO THE R-1
(SUBURBAN RESIDENTIAL) DISTRICT AND
RESOLUTION 97 -XX APPROVING THE
PRELIMINARY PLAT (WITH VARIANCE TO LOT
WIDTH) FOR "KNOB HILL NORTH"
MARCH 3, 1997
INTRODUCTION:
The purpose of this agenda item is to consider adoption of
Ordinance 97 -XX approving a zone change from the C-1
(Conservation District) to the R-1 (Suburban Residential)
District and Resolution #97 -XX approving the preliminary
plat for Knob Hill North (with a variance to lot width). This
site is located directly south of County Road 42, about 1/8
mile east of Pike Lake Trail and formerly known as the '
Twiss property.
The preliminary plat consists of 17.01 acres to be
subdivided into 27 lots for single family dwellings. All of
the lots meet the minimum lot area and frontage
requirements for the R-1 District except for Lots 7 and 8,
Block 3, which are designed as flag lots. The total density
of 1.6 units per acre is also consistent with the maximum
density of 3.5 units per acre permitted in the R-1 district.
DISCUSSION:
The Planning Commission held a public hearing to review
this preliminary plat on January 27, 1997. Attached to this
report is a copy of the staff report and minutes to the
Planning Commission meeting.
At the hearing, the Commission heard testimony from the
developers of this project. The developers explained that
they are asking for a variance to lot width to create two
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16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
flag lots. A cul-de-sac could be created to service the two
lots, but will result in the loss of significant trees. The
Planning Commission concurred with the developer and
granted the variance to minimum lot width in order to
create two flag lots.
The Planning Commission also heard testimony from two
owners of adjacent property. These owners felt the
property should be maintained in its current state.
ISSUES:
The Planning Commission felt the requested zone change
to the R-1 district was appropriate for this site. The
Planning Commission unanimously voted to recommend
approval of the zone change from C-1 to R-1, citing that
times and conditions have changed, the original zoning is
erroneous, and that the rezoning is consistent with the
Comprehensive Land Use Plan.
When the Planning Commission reviewed this preliminary
plat, the Commissioners were mainly concerned about the
variance to lot width for Lots 7 & 8, Block 3, and the
driveway access (one drive or separate drives) to these
lots. The Planning Commission also discussed the need
for sidewalk along all of Hummingbird Trail. The
Commission members agreed that the variance is
substantiated with unique circumstances and that trees will
be preserved, as the lots could otherwise be constructed
with a undesirable cul-de-sac, and that separate drives to
access these lots are acceptable. The Commissioners
also agreed that the sidewalk should follow the entire
south side of Hummingbird Trail.
The Planning Commission voted to recommend approval
of this preliminary plat with the following conditions:
1. The grading plan must be revised to show the silt
fence. In addition, a detail of the retaining wall,
including the type of wall, the height and the exact
location of the wall must be provided.
2. The developer must work with the developer of Maple
Hills Second Addition to match the grading of the
Hummingbird Court cul-de-sac.
3. The building pads on Lots 3, 7 and 8, Block 3, must be
located at least 30' from the 100 year flood elevation of
the wetland.
4. The elevation of the walkout on Lot 2, Block 3, must be
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raised to 929.5 feet.
5. The 927.0' emergency overflow elevation for Pond 66
must carry through on the north end of the wetland
mitigation area and tie into the existing 927.0 contour.
6. A 20' wide easement (10' on either side of the pipe)
must be provided over the overflow storm sewer pipe
from Pond 30 to Pond 66.
7. A wetland replacement plan must be submitted and
approved by the City prior to any grading on the site.
8. As required by Section 6-4-2 of the Subdivision
Ordinance, all existing public and private sewers,
watermains, etc., must be shown. This includes the
existing tank, well, and the entire septic system for the
existing dwelling. This system must be shown to
ensure there are no conflicts with the proposed
construction. If there is a conflict, a conflict plan must
be submitted.
9. The discrepancies between this plan and the plans for
Knob Hill, specifically the sanitary sewer at the end of
Hummingbird Trail and at Bluebird Trail, and the
alignment of Bluebird Trail, must be addressed and
resolved.
10. Sidewalk must be provided along the entire south side
of Hummingbird Trail.
11. A revised tree preservation showing the changes and
additions outlined in this report must be submitted. If
necessary, a replacement plan must be submitted and
approved prior to final plat approval.
12. A revised landscaping plan showing the changes
outlined in this report must be submitted.
13. If Outlot C is to be dedicated to the City it must be
designated as "Park" on the final plat. If it is not to be
dedicated, it should be included as part of Lot 1, Block
4.
14. If Outlot D is not deeded to the adjacent property
owner, the Developer must either provide a written
explanation of the ownership and maintenance
responsibility for this parcel.
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15. The final plat for this property must be developed in
conjunction with the property to the south, to provide
access to Carriage Hills Parkway.
16. The encroachments on this site must be resolved prior
to the final plat.
The Planning Commission's recommendation for sidewalk
along the entire length of Hummingbird Trail is inconsistent
with the City's adopted policy to require sidewalks only
along collector streets. The staff recommends sidewalk
along the south side of Hummingbird Trail be installed
from the west side of Outlot C to Bluebird Trail. This
sidewalk will connect the trail from Knob Hill Park to the
trail along Bluebird Trail.
ALTERNATIVES:
1. Adopt Ordinance #97 -XX amending the designated
zoning district from the C-1 district to the R-1 district,
and adopt Resolution #97 -XX, approving the
preliminary plat of Knob Hill North subject to the listed
conditions, with the finding that the preliminary plat is
consistent with the intent and purpose of the
Comprehensive Plan and the Zoning and Subdivision
Ordinances.
2. Defer consideration of this item for specific reasons.
3. Deny the rezoning request and thus find the
preliminary plat inconsistent with the purpose and
intent of the Zoning and Subdivision Ordinances
and/or the Comprehensive Plan and deny the request.
RECOMMENDATION:
Upon rezoning of the property, the plat itself appears to be
adequate and appropriate for the development of the site
with public sanitary sewer and water extended to the site
and on that basis, staff recommends Alternative #1.
ACTION REQUIRED:
Since there are two separate actions involved in this
approval, two separate motions are required, as
follows:
1. Motion and second to adopt Ordinance 97-XX
approving the zone change to the R-1 district. A
4/5 vote of the Council is required for approval of a
rezoning.
2. Motion and second to adopt Resolution 97-XX
approving the preliminary plat subject to the listed
conditions.
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EXHIBITS:
A. Ordinance 97-XX
B. Resolution #97-XX
C. Planning Report, dated January 27, 1997
D. Minutes of January 27, 1997, Planning Commission
7::1
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EXHIBIT A
CITY OF PRIOR LAKE
ORDINANCE NO. 97-XX
AN ORDINANCE AMENDING SECTION 5-2-1 OF PRIOR LAKE CITY CODE AND
AMENDING SECTION 2.1 OF PRIOR LAKE ZONING ORDINANCE 83-6.
The City Council of the City of Prior Lake does hereby ordain:
The Prior Lake Zoning map, referred to in Prior Lake City Code Section 5-2-1 and Prior Lake Zoning
Ordinance No. 83-6 Section 2.1, is hereby amended to change the zoning classification of the
following legally described property from C-1, Conservation District to R-1, Suburban Residential.
LEGAL DESCRIPTION:
That part of the North 1/2 of the Northeast 1/4 of Section 26, Township 115 North, Range 22
West, Scott County, Minnesota, describes as follows: Commencing at the Northwest corner of
said North 1/2 of the Northeast 1/4; thence South 89 degrees 22 minutes 30 seconds East
(assumed bearing) along the north line of said North 1/2 of the Northeast 1/4 a distance of960.00
feet; thence South 00 degrees 37 minutes 30 seconds West a distance of 410.89 feet; thence
South 63 degrees 58 minutes 50 seconds East a distance of 533.36 feet to the actual point of
beginning of the tract ofland to be described; thence continuing South 63 degrees 58 minutes 50
seconds East a distance of 622.53 feet to the Southeast corner of Lot 5, Block 1, Plat of Eagle
Ridge Acres; thence Southwesterly along the Westerly line of said plat a distance of 424.10 feet
to a point on the South line of said North 1/2 of the Northeast 1/4 distant 1898.00 feet East of the
Southwest corner of said North 1/2 of the Northeast 1/4; thence North 89 degrees 58 minutes 50
seconds West along said South line a distance of 1480.00 feet; thence North 3 degrees 33
minutes 54 seconds West a distance of 439.29 feet; thence North 80 degrees 56 minutes 34
seconds East a distance of 185.41 feet; thence South 82 degrees 49 minutes 50 seconds East a
distance of 728.50 feet to its intersection with a line drawn South 21 degrees 46 minutes 10
seconds West from the actual point of beginning; thence North 21 degrees 46 minutes 10
seconds East a distance of 335.81 feet to the actual point of beginning.
This ordinance shall become effective from and after its passage and publication.
Passed by the City Council of the City of Prior Lake this 3rd day of March, 1997.
ATTEST:
City Manager
Mayor
REZONoRD.DOC
16200 EayT&~J~YWe. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
Published in the Prior Lake American on the _ day of
Drafted By:
Prior Lake Planning Department
16200 Eagle Creek Avenue
Prior Lake, MN 55372
REZONORD.DOC
IT Jenni Tovar
,1997.
q
EXHIBIT B
RESOLUTION 97-XX
RESOLUTION OF THE PRIOR LAKE CITY COUNCIL APPROVING THE
PRELIMINARY PLAT OF "KNOB HILL NORTH" SUBJECT TO THE CONDITIONS
OUTLINED HEREIN.
WHEREAS the Prior Lake Planning Commission conducted a public hearing on January 27,
1997, to consider an application from Gold Nugget Development for the
preliminary plat of Knob Hill North; and
WHEREAS notice of the public hearing on said preliminary plat has been duly published
and posted in accordance with the applicable Minnesota Statutes and Prior Lake
Ordinances; and
WHEREAS all persons interested in this issue were afforded the opportunity to present their
views and objections related to the preliminary plat of Knob Hill North for the
record at the Planning Commission hearing; and
WHEREAS the Planning Commission and City Council have reviewed the preliminary plat
according to the applicable provisions of the Prior Lake Zoning and Subdivision
Ordinances and found said preliminary plat to be consistent with the provisions
of said ordinances; and
WHEREAS the Prior Lake City Council considered an application for preliminary plat
approval of Knob Hill North on March 3, 1997, and
WHEREAS the City Council finds the preliminary plat of Knob Hill North to be consistent
with the 2010 Comprehensive Plan.
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE
CITY OF PRIOR LAKE, MINNESOTA, that it hereby approves the preliminary plat of Knob
Hill North subject tc the following conditions:
1. The grading plan must be revised to show the silt fence. In addition, a detail of the
retaining wall, including the type of wall, the height and the exact location of the wall
must be provided.
2. The developer must work with the developer of Maple Hills Second Addition to match the
grading of the Hummingbird Court cul-de-sac.
3. The building pads on Lots 3, 7 and 8, Block 3, must be located at least 30' from the 100
year flood elevation of the wetland.
4. The elevation of the walkout on Lot 2, Block 3, must be raised to 929.5 feet
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16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
5. The 927.0' emergency overflow elevationfor Pond 66 must carry through on the north end
of the wetland mitigation area and tie into the existing 927.0 contour.
6. A 20' wide easement (10' on either side of the pipe) must be provided over the overflow
storm sewer pipe from Pond 30 to Pond 66.
7. A wetland replacement plan must be submitted and approved by the City prior to any
grading on the site.
8. As required by Section 6-4-2 of the Subdivision Ordinance, all existing public and private
sewers, watermains, etc., must be shown. This includes the existing tank, well, and the
entire septic system for the existing dwelling. This system must be shown to ensure there
are no conflicts with the proposed construction. If there is a conflict, a conflict plan must
be submitted.
9. The discrepancies between this plan and the plans for Knob Hill, specifically the sanitary
sewer at the end of Hummingbird Trail and at Bluebird Trail, and the alignment of
Bluebird Trail, must be addressed and resolved prior to final plat approval
10. Along Hummingbird Trail, sidewalk must be provided along the south side of the street
from the west end of Outlot C to Bluebird Trail. The sidewalk near the west end of Outlot
C must terminate 10' from the lot line of Lot 1, Block 5, and a pedestrian ramp installed at
this location.
11. A revised tree preservation showing the changes and additions outlined in this Planning
Report dated January 27,1997, must be submitted. Ifnecessary, a replacement plan must
be submitted and approved prior to final plat approval
12. A revised landscaping plan showing the changes outlined in the Planning Report dated
January 27,1997, must be submitted.
13. If Outlot C is to be dedicated to the City it must be designated as ttpark" on the final plat.
If it is not to be dedicated, it should be included as part of Lot 1, Block 4.
14. If Outlot D is not deeded to the adjacent property owner, the Developer must either provide
a written explanation of the ownership and maintenance responsibility for this parcel.
15. The final plat for this property must be developed in conjunction with the property to the
south, to provide access to Carriage Hills Parkway.
16. The encroachments on this site must be resolved prior to the final plat.
17. The preliminary plat is valid for 12 months from the date of approval by the City Council
Failure to submit the final plat of the within the required time frame shall cause the
preliminary plat to become null and void.
Passed and adopted this 3rd day of March, 1997.
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Andren Andren
Greenfield Greenfield
Kedrowski Kedrowski
Mader Mader
Schenck Schenck
YES NO
{Seal} City Manager
City of Prior Lake
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AGENDA ITEM:
SUBJECT:
SITE:
PRESENTER:
PUBLIC HEARING:
DATE:
INTRODUCTION:
EXHIBIT 'c
PLANNING REPORT
4B
PUBLIC HEARING TO CONSIDER A ZONE CHANGE
FROM THE A-1 (AGRICULTURAL) DISTRICT TO THE R-1
(SUBURBAN RESIDENTIAL) DISTRICT, A VARIANCE TO
THE LOT WIDTH REQUIREMENTS AND APPROVAL OF
PRELIMINARY PLAT TO BE KNOWN AS KNOB HILL
NORTH
17.01 ACRES LOCATED DIRECTLY NORTH OF THE
KNOB HILL DEVELOPMENT, EAST OF MAPLE HILLS
ADDITION AND WEST OF EAGLE RIDGE ACRES
JANE KANSIER, PLANNING COORDINATOR
_X_ YES NO-N/A
JANUARY 27,1997
The purpose of this public hearing is to consider three applications for the development
of the 17.01 acre site located about 1/4 mile south of CR 42, and 1/8 mile east of Pike
Lake Trail, and formerly known as the Twiss property. The first application is a request
to rezone the property from the C-1 (Conservation) district to the R-1 (Suburban
Residential) district. The second application is a request for a variance to the lot width
provisions for two of the lots proposed in the subdivision. The third application is a
request for a preliminary plat to be known as "Knob Hill North".
ANAL YSIS~
Applicant:
Project Engineer:
Location of Property:
Existing Conditions:
Gold Nugget Development
8857 Zealand Avenue North
Brooklyn Park, MN 55445
Pioneer Engineering
625 Highway 10 NE
Blaine, MN 55434
This property is located about 1/4 mile south of CR
42, directly north of the Knob Hill development, east
of Maple Hills Addition, and west of Eagle Ridge
Acres.
The property currently contains a single family
dwelling. One of the proposed lots will include this
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16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (6.12) 447-4230 / Fax (612),447-4245
AN EQUAL OPPORTUNITY EMPLOYER
r~-
Zoning and Land Use
Designation:
Adjacent Land Use and
Zoning:
Proposed Development:
dwelling. The garage for this dwelling presently
encroaches onto the Knob Hill property to the south.
The developer plans to add this land to the final plat.
The property also includes some encroachments
from adjacent properties. A shed on the property to
the east presently encroaches into this site. The
owner of the shed will remove this encroachment. A
portion of the swimming pool on the property to the
northeast also encroaches onto this site. The
developer has platted this as an outlot, and plans to
convey to the adjacent owner.
The property is presently zoned R-1 (Suburban
Residential) and C-1 (Conservation). The applicant
has requested a zone change to the R-1 (Suburban
Residential) district for that portion of the property
zoned C-1. The 2010 Comprehensive Plan identifies
this property as R-LMD (Urban Low to Medium
Density Residential).
North: Single family dwelling zoned R-1 and
designated as R-LMD. This property is the site of the
preliminary plat of Maple Hills Second Addition.
South: Vacant land zoned R-1 and designated as R-
LMD. This land has been platted as outlots in the
Knob Hill plat.
East: Single family dwellings in Eagle Ridge Acres
zoned R-1 and designated as R-LMD.
West: Single family dwellings in Maple Hills Addition
zoned R-1 and designated as R-LMD.
The proposed plat consists of 17.01 acres to be
subdivided into 27 lots for single family dwellings, for
a total density of about 1.6 units per acre. This
density is well below the maximum permitted density
of 3.5 units per acre.
The minimum lot size in the R-1 district is 12,000
square feet, with 86' of frontage at the front building
line. The lots in this development range from 13,128
square feet to over 48,000 square feet. The
proposed lots also meet or exceed the minimum
frontage requirements, except for Lots 7 and 8, Block
3. These two lots are proposed "flag" lots with 20'
wide frontages. The applicant has requested a
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variance to the lot frontage requirements for: these
two lots.
The preliminary plat also includes four outlots. Outlot
A is 2,036 square feet in size and is located in the
north corner of the plat where it is adjacent to the
Maple Hills Second Addition. This outlot is intended
as a trail access to the north.
Outlot B is 3,555 square feet and is located along the
southern boundary of the plat. This outlot will be
attached to the property to the south in a later plat.
Outlot C is 1.57 acres in area and is located on the
south half of the plat. This outlot covers a NURP
pond and a wetland.
Outlot D is 1,236 square feet in size, and is located in
the northeast corner of the plat. A portion of the
swimming pool on the neighboring property
encroaches into this plat, and this outlot covers the
encroachment. The applicant is intending to convey
this outlot to the adjacent owner.
For a more detailed explanation of the proposed
development, see the attached narrative submitted
by the developer.
Streets/Access/Circulation: This plat dedicates right-of-way for three new public
streets. The first street is called Bluebird Trail, and is
located on the east side of the plat. This street
extends 625 feet from the south property line to the
north property line of the plat. Bluebird Trail will
eventually connect to Bluebird Tail in Knob Hill to the
south, and will also be extended to CR 42 through
Maple Hills Second Addition. This street is designed
with a 55' wide right-of-way and a 32' wide surface.
The right-of-way will accommodate the street and a
sidewalk along the east side of the street.
The second street, Hummingbird Trail, extends 1,200
feet from the southwest corner of the plat to Bluebird
Trail. This street will eventually extend south to
Carriage Hills Parkway through the Knob Hill
development. This street is designed with a 50' wide
right-of-way and a 32' wide surface. There is a
sidewalk on the south side of Hummingbird Trail from
Outlot C to Bluebird Trail.
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Grading/Erosion Control:
Drainage/Storm Sewer: I
Water Quality:
Wetlands: '
Sanitary Sewer:
The third street is the south portion of a cul-de-sac
called Hummingbird Court. This cul-de-sac is located
on the north side of Hummingbird Trail and extends
135' to the north property line. The remainder of the
cul-de-sac will be platted in Maple Hills Second
Addition.
This site requires considerable grading to meet City
standards for roads and house pads. The
preliminary grading plan was designed to allow for
the preservation of wetlands and significant trees on
the site. The applicant has submitted a preliminary
grading plan which, for the most part, meets City
standards. Some modifications will be necessary to
this plan. Two of the lots, Lots 3 and 4, Block 5, are
identified as custom graded lots, to take advantage of
the existing topography and trees on the site. A
separate grading plan for these lots will be submitted
with the building permit application.
The site is designed to drain to a NURP pond located
on the eastern half of Outlot C. There is storm sewer
located in Hummingbird Trail and Bluebird Trail which
directs the runoff to this pond. A small portion of the
site drains to a storm sewer located at the north end
of Bluebird Trail. This storm sewer will connect to a
storm sewer in Maple Hills Second Addition, and will
drain to a NURP pond located at the northwest
corner of that development.
There are three wetlands on this site totaling about
2.1 acres. The largest wetland is about 1 acre in size
and is located on the east side of the plat in Block 3.
On the western half of Outlot C is a 0.8 acre wetland,
and on Block 5 is a 0.3 acre wetland which overlaps
onto the adjacent property.
The developer is proposing to fill 0.04 acre of the
wetland in Block 3 for a building pad. The developer
also proposes to mitigate this area just east of the
existing wetland. The mitigation area is 0.73 acres,
which would allow the developer to bank some
wetland credits. A wetland replacement plan must be
submitted and approved prior to any grading on the
site.
Sanitary sewer service is not readily available to this
site. The applicant is proposing to extend sanitary
sewer from the Maple Hills Second Addition to the
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Page 4
--
north. Sewer for Maple Hills Second Addition will be
from a 10" sanitary sewer line which must be
extended along the south side of CSAH 42 from Pike
Lake Trail to the east a distance of 700 feet to serve
this site. The 10" sanitary sewer line extension is
designed to be included with the upgrading of CSAH
42 (City Project 95-09) which is scheduled to begin in
the fall of 1997. The 10" sewer line would be
constructed in 1998, 60' south of the centerline of
CSAH 42. In order to take advantage of this project,
the development of Knob Hill North must be in
conjunction with the development of Maple Hills
Second.
As an alternative to bringing sewer from Maple Hills
Second, the developer could also extend sewer down
Pike Lake Trail to the northwest corner of the Knob
Hill property. This line can then be extended to serve
Knob Hill North.
Watermain:
Watermain service to this property will be extended
from the existing line located in Carriage Hills
Parkway to the south. This line must be extended
across a portion of the Knob Hill development to this
site. The developer of Maple Hills Second Addition
will then extend this watermain to serve that site.
Easements:
The Developer will be required to dedicate drainage
and utility easements over the wetlands, stormwater
ponds, and over all sewer and water lines
constructed outside of the dedicated right-of-way. A
20' wide drainage and utility easement is required for
the overflow storm sewer pipe between Pond 30 and
Pond 66.
Tree Preservation:
This development is subject to the provIsions of
Section 6.16 (Tree Preservation) of the Zoning
Ordinance. The applicant has provided an inventory
as required by this ordinance, but it will require some
revisions. First of all, the tree inventory does not
include Basswoods as a significant tree as required
in the tree preservation ordinance. Second, the
developer is proposing to submit separate tree
preservation plans for the two custom graded lots. In
this case, the significant trees on these two lots must
be excluded from the total caliper inches. Finally, the
developer has proposed a 35% credit for the
coniferous trees on the site which are poorly
developed. While this may not be an unreasonable
Page 5
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,.
request, the ordinance does not allow the staff the
discretion to make this decision. The developer must
submit an application for a variance, if necessary, to
provide this credit.
The ordinance allows up to 50% of the total caliper
inches of the significant trees to be removed, without
replacement or restitution, as a result of initial site
development and home placement. Initial estimates
indicate that a replacement plan will be necessary. If
so, a tree replacement plan must be prepared
according to the provisions of Section 6.16 of the
Zoning Ordinance.
Landscaping:
This development is also subject to the requirements
of Chapter 7 of the Subdivision Ordinance, which
requires one (1) street tree per lot frontage and one
(1) front yard tree per lot. The applicant has
submitted a landscaping plan showing the proposed
location of the required trees, as well as the minimum
size and types. Some changes are also required to
this plan. Lot 4, Block 3, and Lots 4 and 5, Block 5,
each require an additional front yard tree. Lot 3,
Block 5, requires two more trees. It must be noted
that this requirement is over and above the required
replacement trees.
Parkland Dedication:
The Developer shall comply with the park dedication
and contribution requirements as defined in the City
Code. The developer is dedicating some land in the
form of the trail areas on Outlot C and Outlot A, a
total of 0.15 acres. The remaining dedication
requirement will be fulfilled through a cash
contribution of $21 ,918.00. This amount is calculated
by multiplying 10% of the gross acreage (17.01 acres
minus 0.15 acres) by the market value of the land
($13,000).
Finance/Assessment Fee
Review:
This subdivision will be subject to a stormwater
management fee, a collector street fee, a trunk sewer
and water fee, and a lateral sewer and water fee. A
summary of the charges is shown on the attached
memo from Ralph Teschner.
ZONE CHANGE REQUEST:
The criteria for granting a zoning change include the following:
1. There was a mistake in the original zoning
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Page 6
2. Conditions have changed significantly since the current zoning was adoptec;:l..
3. The Comprehensive Plan has been amended.
Any of these criteria can b~ used to evaluate a request for rezoning.
The C-1 district is intended to recognize and protect vital environmental resources of the
community such as steep slopes and wetlands. However, the environmental regulations
which now exist, such as wetland regulations, serve the same purpose. Furthermore,
the district boundaries in this case do not even cover the wetlands on the site. For
these reasons, the Planning staff believes that this request meets criteria #1 and #2.
The rezoning of this area to the R-1 district is appropriate based on the Comprehensive
Plan and current environmental regulations.
VARIANCE:
The applicant is requesting a variance to the minimum lot width of 86' at the front
building line for Lots 7 and 8, Block 3. The applicant is proposing to develop these two
lots as "flag" lots with 20' wide frontage for each lot. The actual building area is set
further back on the widest portion of the lot.
In reviewing this variance request, the Planning Commission must consider the following
Variance Hardship Standards:
1. Literal enforcement of the Ordinance would result in undue hardship with
respect to the property.
This criteria goes to whether reasonable use can be made of the property if the
Ordinance is literally enforced. In this case, the developer could develop these two
lots with the proper frontage by building a cul-de-sac. The construction of this cul-
de-sac would result in smaller lots, and would not create any additional lots.
2. Such unnecessary hardship results because of circumstances unique to the
property .
A unique circumstance in this case is the topography of this area. The two lots are
located between two existing wetlands. The only building sites on the lots are
located at the high point of the site with or without the required frontage.
3. The hardship is caused by provisions of the Ordinance and is not the result of
actions of persons presently having an interest in the property.
The existence of the wetlands on this site is a hardship over which the applicant has
no control. However, the applicant does control the development of this overall site.
4. The variance observes the spirit and intent of this Ordinance, produces
substantial justice and is not contrary to the public interest.
1:\97files\97subdiv\preplat\knobnort\knobpc.doc
Page 7
The size -of these lots is not inconsistent with the size of the other Iqt!? in the
development. Furthermore, the proposed variance is not contrary to the public
interest in that it does not overburden the street by creating too may lots. The effect
of this variance can be minimized by requiring a shared driveway between the two
"flag" lots.
PRELIMINARY PLAT:
A preliminary plat identifies proposed lot locations, areas and dimensions, road
locations, storm sewers, grading, location and grade of sewer and water, landscaping
and tree replacement plans, and other improvements to an undeveloped site. Once
preliminary plat approval is granted, the property owner has a vested interest in the plat.
For one year following preliminary plat approval, no ordinance amendment shall apply to
or affect the use, development density, lot size, lot layout, dedication required or
permitted by the approved preliminary plat.
The issues involved in this plat are similar to those involved in the development of
Maple Hills Second Addition to the north. First of all, services are not immediately
available to this site. The plan is to provide sewer service from the north, through the
Maple Hills Second Addition. In that case, the development of Knob Hill North is
dependent upon the development of Maple Hills Second. However, the developer does
have the option of extending services down Pike Lake Trail to serve this property. The
City has presently scheduled the upgrading of Pike Lake Trail, including the extension of
services to Knob Hill, for 1997 in the CIP.
Water service to this site must be extended from the existing service in Carriage Hills
Parkway. The developer, however, has control of this property as well as Knob Hill
North. He plans to submit a final plat and develop this portion of Knob Hill in conjunction
with Knob Hill North. Access to this property will also provided at that time.
Another issue involved in this plat is the fact that the grading plans for this plat do not
match the plans for Knob Hill or Maple Hills Second Addition in some locations. The
developer has control over the Knob Hill property, and can therefore address the
differences in that situation. The developer must work with the developers of Maple
Hills Second Addition to address the grading differences in the two plats.
The final issue in this plat is the creation of the two flag lots. If the Planning Commission
does not approve the necessary variance, these lots must either be eliminated, or a cul-
de-sac must be added to provide the proper frontage.
In general, the proposed preliminary plat meets the standards of the Subdivision
Ordinance and Zoning Ordinance. There are some engineering and ordinance
requirements which still must be addressed; however, these can be addressed by
placing the following conditions on the approval of this preliminary plat:
1. The grading plan must be revised to show the silt fence. In addition, a detail
of the retaining wall, including the type of wall, the height and the exact
location of the wall must be provided.
1:\97files\97subdiv\preplat\knobnort\knobpc.doc
Page 8
/
2. The developer must work with the developer of Maple Hills Second Addition to
match the grading of the Hummingbird Court cul-de-sac.
3. The building pads on Lots 3, 7 and 8, Block 3, must be located at least 30'
from the 100 year flood elevation of the wetland.
4. The elevation of the walkout on Lot 2, Block 3, must be raised to 929.5 feet.
5. The 927.0' emergency overflow elevation for Pond 66 must carry through on
the north end of the wetland mitigation area and tie into the existing 927.0
contour.
6. A 20' wide easement (10' on either side of the pipe) must be provided over the
overflow storm sewer pipe from Pond 30 to Pond 66.
7. A wetland replacement plan must be submitted and approved by the City prior
to any grading on the site.
8. As required by Section 6-4-2 of the Subdivision Ordinance, all existing public
and private sewers, watermains, etc., must be shown. This includes the
existing tank, well, and the entire septic system for the existing dwelling. This
system must be shown to ensure there are no conflicts with the proposed
construction. If there is a conflict, a conflict plan must be submitted.
9. The discrepancies between this plan and the plans for Knob Hill, specifically
the sanitary sewer at the end of Hummingbird Trail and at Bluebird Trail, and
the alignment of Bluebird Trail, must be addressed and resolved.
10. The sidewalk near the west end of Outlot C must terminate 10' from the lot line
of Lot 1, Block 5, and a pedestrian ramp installed at this location.
11. A revised tree preservation showing the changes and additions outlined in
this report must be submitted. If necessary, a replacement plan must be
submitted and approved prior to final plat approval.
12. A revised landscaping plan showing the changes outlined in this report must
be submitted.
13. If Outlot C is to be dedicated to the City it must be designated as "Park" on the
final plat. If it is not to be dedicated, it should be included as part of Lot 1,
Block 4.
14. If Outlot D is not deeded to the adjacent property owner, the Developer must
either provide a written explanation of the ownership and maintenance
responsibility for this parcel, or it should be dedicated as right-of-way.
15. The final plat for this property must be developed in conjunction with the
property to the south.
1:\97files\97subdiv\preplat\knobnort\knobpc.doc
Page 9
lJ~
16. The encroachments on this site must be resolved prior to the final plat. -
AL TERNA T1VES:
1. Adopt Resolution #97 -04PC approving the requested variance to the lot width, and
recommend the City Council approve the zone change as requested, and Resolution
#97 -05PC recommending approval of the preliminary plat of Knob Hill North as
presented and subject to the conditions listed in the resolution, or with specific
changes directed by the Planning Commission.
2. Table or continue the public hearing to a date and time certain and provide the
developer with a detailed list of items or information to be provided for future
Planning Commission review.
3. Recommend denial of the application based upon specific findings of fact.
RECOMMENDATION:
Staff recommends Alternative #1
ACTION REQUIRED:
Since there are three separate applications involved in this request, the Planning
Commission must make three separate motions. A motion adopting Resolution #97-04
PC, and approving the requested is required. A second motion recommending approval
of the zone change to the R-1 district as requested is required. Finally, a third motion to
adopt Resolution 97 -05PC recommending approval of the preliminary plat of Knob Hill
North, subject to the listed conditions, is also required.
REPORT ATTACHMENTS:
1. Location Map
2. Preliminary Plat
3. Preliminary Plat of Maple Hills Second Addition
4. Applicants' Narrative
5. Memo from Ralph Teschner
6. Resolution 97 -04PC
7. Resolution 97 -05PC
1:\97files\97subdiv\preplat\knobnort\knobpc.doc
Page 10
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A SINGLE FA~m.. y RESIDENTL<\.L DEVELOP~IENT
Proposed by:
Wayne Fleck
Brooklyn Park, "MN
December 31, 1996
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Requested Aoorovals:
The developer is requesting the City of Prior Lake to grant preliminary plat approval. A
lot width variance of 66 feet for both lots 7 and 8 block 3 has been filed in conjunction
with the plat.
Prolect Identification:
The owner of the project is Wayne Fleck. He is also the president of Gold Nugget
Development, Inc., located in Brooklyn Park, who owns the Knob Hill development
which is adjacent to the south.
The project is a proposed single family residential development consisting of 17.01 acres,
is zoned R-l single family residential and C-1 conservation with a density of 27 lots
which corresponds to a gross density of 1.59 lots per acre. Prior Lake's comprehensive
plan has designated the project site as low density residential, however the zoning
ordinance has approximately 12 acres of the site designated as conservation. An
application to rezone the conservation acres to R-1 is filed with the preliminary plat.
Prior Lakes current conservation district served as early attempt to save and preserve
wetlands. The C-1 zones have never been legally described and only have general
relationship to the physical environment they were meant to protect. Recent legislation
especially the wetlands conservation act does a more than adequate job in preserving
wetlands. The proposed development is consistent with the current land use designation
and an anticipated R-1 zone for the entire site.
The project is located directly adjacent to and north of Knob Hill. To the west of the site
is the existing plat oflVfaple Hill and to the east is the existing plat of Eagle Ridge Acres.
Both of these developments are not served with municipal utilities and are zoned R-1.
Directly to the north of the site is a proposed development known as Maple Hill 2 ND.
Addition. Considerable coordination with respect to trail location and street and utility
extensions has accrued. If this development is approved then the owners of Maple Hill
2ND Addition will pursue improvements in 1997 contemporaneous with this project.
Site Conditions:
The site consists of 17.01 acres of rolling wooded land. A single family home exists at
approximately the center of the site which is located on lot 1 block 4 of the preliminary
plat. This home was the residence of the previous owner. A 24x30 accessory garage
encroaches on the Knob Hill plat by 4 feet. An outlot will be platted in the last phase of
Knob Hill to account for the overlap. Access to this home is via a long asphalt driveway
from Rolling Oaks Circle.
A survey of the site has revealed two structural encroachments. A swimming pool is
encroaching by 10.7 feet along the north property line. Negotiations are in progress for
this owner to purchase a strip ofland from the owner. The other encroachment of7.5 feet
Subtracting these credits from the totals of the entire site results in the replacement of 94
caliper inches versus 130 inches without any credit.
Site Design:
the phisiography and site dimensions limit design flexibility. Topography dictates that
considerable grading is necessary to achieve minimum city design standards for roads
and home pads. Comments from the Development Review Committee indicated the
extension of Bluebird Trail through the site to eventually connect to Rolling Oaks Circle.
The committee also suggested that Hummingbird Court be extended to the north property
line to provide access to a unique and otherwise isolated hill of Maple Hill 2NDAddition.
An agreement exists between the owners of Maple Hill 2ND Addition and Wayne Fleck
for the coordination of street and utilities in Hummingbird Court. The location of the
east-west segment of Hummingbird Trail is dictated by the existing wetlands and depth
of the site. A lot width variance has been filed for lots 7 and 8 block 3 to provide access
flexibility in an effort to avoid substantial regrading.
Utility Plan:
The sanitary sewer and water mains have been sized in accordance with city
requirements. Due to topography the sanitary sewer from this site and a part of Knob Hill
has to flow north through the Maple Hill 2ND Addition and into the Prior Lake
interceptor sewer at Pike Lake Tr. And Co. Rd. 42. The water main will be extended
from Carriage Hills Parkway to the northern terminus of Bluebird Trail which will then
provide service to Maple Hill 2ND Addition. In turn Maple Hill 2ND Addition will
construct the necessary link of trunk sewer from the interceptor at Pike Lake Trail to
Knob Hill North.
Storm sewer has been sized to accommodate the Knob Hill North development and a
portion of Knob Hill. A water treatment pond currently planned adjacent to
Hummingbird Trail in Knob Hill has been eliminated and all flows will be directed to
one larger pond in Outlot C in Knob Hill North.
Wetland MitilZation:
The preliminary grading plan proposes the filling of .04 acres of delineated wetland (see
Sheet 10). The only reason for the proposed filling is to account for the 30 foot setback
requirement between home and 100 year high water level of pond 66. The preliminary
plat also proposes the wetland mitigation required as part of Knob Hill be satisfied in
Knob Hill North adjacent to pond 66. The principle reason for this change is that the
mitigation area in Knob Hill is heavily wooded with large mature oaks, maples, and
basswood trees. The impact would be considerably less in the Knob Hill North location
affecting only 18 significant trees of which most are 8-10 inches in diameter.
The formula for determining the amount of mitigation was recently revised to inClude a
credit for the construction of storm water treatment ponds. Subject to any revisions on
the preliminary plat Knob Hill North is entitled to bank .45 acres. This credit can be sold
to other developers or usedin other projects.
Housing Styles and Values:
The home styles will be constructed in accordance with the grading plan (see Sheet 10).
The individual lots will be sold to home builders. Lot prices will range from $45,000-
$55,000 which will result in home values ranging from $200,000.;.$300,000. It is
anticipated that restrictive covenants will be filed with the plat. They will be submitted
for staff review with the final plat.
Outlots:
The preliminary plat show 3 outlots. Outlots A and C are park dedication. Additional
park dedication will be satisfied with a cash contribution.
Outlot B is an 11 foot strip ofland that will eventually be added to lot 1 block 3 of Knob
Hill to satisfy the lot width deficiency that results because of the realignment of Bluebird
Trail in Knob Hill (see Sheet 11). The westerly shift of Blue bird Trail by approximately
55 feet results in a lot width deficiency for lot 1. Outlet B will be replatted and combined
with the last phase of Knob Hill into lot 1 block 3. The purpose Outlot D is to
accommodate a sale for the swimming pool encroachment.
Proiect Timing and Phasing:
If this development is approved construction will begin in the spring or early summer of
1997 with completion anticipated in fall. The project will not be phased.
INTEROFFICE MEMORANDUM
TO:
FROM:
RE:
DATE:
PLANNING
Ralph Teschner
Knob Hill North
(assessment/fee review)
January 14, 1997
A 17 acre tract in 26-115-22 (PIN #25 926 004 1) is proposed to be platted into Knob Hill North
Addition. This area has received no prior assessments for City municipal utilities.
Since utilities are available to the property site, the cost for the extension of services internally
will be the responsibility of the developer. In addition to these improvement costs, the
subdivision will be subject to the following City charges:
Stormwater Management Fee
Collector Street Fee
Trunk Sewer & Water Fee
Lateral Sewer & Water Charge
16.8 cents/sq. ft.
$1500.00/acre
$3500.00/acre
150' @ $60.00/ff
The application of these City charges would generate the following costs to the developer based
upon a net lot area calculation of 9.61 acres of single family lots (418,612 sq. ft.) as provided
within the site data summary sheet of the preliminary plat description:
Lateral Sewer & Water Charge:
150' @ $60.00/ff= $9,000.00
J'runk Sewer & Water Charge:
9.61 acres @ $3500.00/ac = $33,635.00
Storm Water Management Fee:
418,612 sf@ 16.8/sf= $70,327.00
Collector Street Fee:
9.61 acres @ $1500.00/ac = $14,415.00
These charges represent an approximate cost of $4700.00 per lot for the 27 proposed lots within
Knob Hill North Addition. Assuming the initial net lot area of the plat does not change, the
above referenced storm water, collector street, trunk and lateral sewer and water charges would
be determined and collected within the context of a developer's agreement for the construction
of utility improvements at the time of final plat approval.
There are no other outstanding special assessments currently certified against the property. Also,
the tax status of the property is current with no outstanding delinquencies.
16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
H:ISPLITS\SPL9702.DOC AN EQUAL OPPORTUNITY EMPLOYER
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v onhof - Agr ed with amendments deleting 8. As far the sidewalks go, it is a traffic
safety issue. ere should be sidewalks. Require to extend the right-of-way to 55 feet
and add a sidew on one side.
EXHIBIT D
Stamson - Agreed 'th Criego, space problem with the south side ofprope for
sidewalks and also right-of-way is not wide enough. It will create p. lems with
homes 20 feet away. affic is not an issue. Given the way the Ord' ce is written and
City Council's decision ere is no need for a sidewalk.
Kuykendall- Agreed with a: points. Feels right-of-way s ld be redesigned and add
sidewalks. He does not agre .th City Council's deci . n on sidewalks. Supports a 55'
design and entertains an altern 've way of develop' the land to meet the bigger and
broader objectives. He realizes requirement e met and feels the property should be
developed but the approach taken es not the overall objective. Opposed the
development as proposed.
MOTION BY STAMSON, SECO CRIEGO, TO APPROVE RES. 97-03PC
WITH CONDITIONS 1,3,4, D 9. E REVISED PLAN COVERS ITEMS 2, 5
AND 6. OUTLOT A SHO BE INCL ED IN THE PLAN AND THE
PROPERTY LINES S LD NOT EXTEN TO THE MIDDLE OF THE POND FOR
CONTINUITY WIT HE OTHER HALF OF HE POND.
Vote taken si led ayes by Criego, Stamson and
SSED.
The meeting reconvened
of, nay by Kuykendall.
A
~ B. Case #97-001, #92-002 and #97-003 Zone Change Request, A Variance
vA Request aud a Preliminary Plat for the Project Known.. "Knob Hill North".
The public hearing was open at 8:14 p.m.
Planning Coordinator Jane Kansier presented the Staff Report. The hearing was to consider
three applications for the development of27 lots on a 17.01 acre site located about 1/4 mile
south ofCR 42, and 1/8 mile east of Pike Lake Trail, and formerly known as the Twiss property.
The first application is a request to rezone the property from the C-1 (Conservation) district to
the R-1 (Suburban Residential) district. The second application is a request for a variance to the
lot width provisions for two of the lots proposed in the subdivision. The third application is a
request for a preliminary plat to be known as "Knob Hill North". Staff recommended approval
of the requests with the conditions outlined in the Staff Report.
Comments from the Public:
Horst Graser, representing Wayne Fleck, highlighted some of the issues: the boundary and topo
maps of the site, the encroachments on the property, the wooded pine area, the elevations, sewer
and water, zoning, the grading plan, the variance request and the tree consideration. Mr. Graser
MN012797.DOC
PAGE6
had concerns with conditions 5, 9 and 11. He had no problem with dedicating the park land as
part of the plat, but if the City is not going to give them credit for the remainder of Outlot C, they
will not dedicate to the City and only give what is required. He would also like to reword
condition 15 in regard to developing in conjunction with Maple Hills Second Addition.
Tom Jarzyna 14159 Rolling Oaks Circle, understands the need for growth but feels this land is
worth saving. Turning it into one big park would better serve Prior Lake. He feels there are 150
different species of trees in the area. Prior Lake's best interest is to keep the area a conservation
district. The percolation test indicated 3 springs on the wetland area. Once the City loses this
ecosystem they will not get it back.
Kevin Nolin, who recently purchased a lot in the Maple Hill development, agreed with Mr.
Jaryzna to conserve the area.
Tim Smith, 14100 Rolling Oaks Circle, was present when the surveyor was taking the tree
survey. There are significant trees as well as wildlife in the area. The previous owner built paths
through the area. It is a beautiful area. He does not mind development but urged the
Commissioners to see the land. It would be nice to have the park south of the development have
access to these woods. The zoning should not be changed.
The meeting was closed at 9: 19 p.m.
Comments from the Commissioners:
V onhof:
. Supported zoning from C 1 to Rl which is consistent with the Comp Plan.
. The preliminary plat does not see any significant impact with the wetland.
. Not opposed to the flag lots.
. Any violation for driveway entrances? Kansier responded both lots would share one
driveway with an easement and then fork off to the respected lots.
. The hardship has been met with the variance.
Stamson:
. Question related to the Tree Ordinance - Kansier explained the ordinance.
. Agreed with the zoning change.
. Blue Bird Trail will temporary connect through the Maple Hills Second Addition.
. No credit for park dedication for Outlot.
. Given the uniqueness of the property the flag lots have hardships for a variance.
Agreed to a double driveway vs. a single.
Kuykendall:
. Support the changes in zoning and flag lots as well.
. There should be two separate driveways. Kansier responded snow removal could be a
big problem.
. Generally supported the proposal.
MN012797DOC
PAGE 7
Criego:
· The area was zoned C 1 for a reason. Sympathized with neighbors. It is a beautiful
nature center. The fact is, the City does not own it.
. The developer was asked how he would perceive this natural area.
· Graser responded it was hard to answer. The ordinance has forced him to develop
this way. The engineer says he cannot grade more than 8%, the water has to flow to
the front, side or rear into a N.U.R.P. pond.
· Another way to go would be a PUD and conserve more natural area.
. Graser said he has to develop to the fullest. The City does not reduce the impact fees.
. Concern about the location north of the site. A lot of natural beauty could be taken
out of the site.
. Sidewalk stops at Outlot C. Kansier responded City Council said sidewalks should be
on collector streets. Hummingbird Trail is not a collector street.
. Grasersaid they met with staff and concluded to add the sidewalk where staff directed
it. There will be a connection to the park.
V onhof:
. No comments
Kuykendall:
. Excellent job done by the developer.
. A collector street is definitely needed.
. Wonders if the land would be better developed under a PUD. By using that approach
one would save and conserve more land. Feels uncomfortable not seeing the land this
time of year.
. Someone had the wisdom 25 years ago to conserve the area.
. Understands the developer's concern.
Criego:
. On the surface it should be Rl, agreed with the flag lots and the conditions by staff.
. Are we dealing with a precious piece of property?
. Rye commented on his perception of the C 1 district. It is obsolete, the application is
confusing. The original purposes was admirable but has been superseded by new
laws.
. The rules and regulations are being met. Is the City doing what the ordinance states?
Brian Crystal, from Pioneer Engineering, felt the majority of caliper trees are 6 to 8
inches and the land was probably designated a Cl district because of the wetlands.
Kuykendall:
. The City does not have the means to pay for this property. The owners have paid
taxes and the developers have come forward and are following the rules.
MNOI2797.DOC
PAGES
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-7
9
~
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MOTION BY KUYKENDALL, SECOND BY VONHOF, TO RECOMMEND TO
CITY COUNCIL TO APPROVE THE ZONING CHANGE FROM Cl TO Rl.
Vote signified ayes by all. MOTION CARRIED.
MOTION BY VONHOF, SECOND BY KUYKENDALL, TO APPROVE
RESOLUTION 97-04PC GRANTING A 66 FOOT VARIANCE TO PERMIT A 20
FOOT LOT WIDTH AT THE FRONT BUILDING LINE FOR LOTS 7 AND 8,
BLOCK 5, KNOB HILL NORTH.
Vote taken signified ayes by all. MOTION CARRIED.
AMENDMENT MOTION BY VONHOF, SECOND BY KUYKENDALL, TO
RESOLUTION 97-04PC TO REMOVE THE CONDITION TO REQUIRE A SHARED
DRIVEWAY.
Vote taken signified ayes by all. MOTION CARRIED.
Discussion:
Kuykendall- Include sidewalks, at least on one side of the whole development. Any time
you have an automobile and a pedestrian you cannot share the space.
Criego- In this particular case, it makes common sense for a sidewalk to come in from the
south of the project as well as the north.
Recommendation by Commissioner Kuykendall to guide staff in working with the
developer to the south, so when the development is platted sidewalks, will be continued.
Staff pointed out the preliminary plat approval for Knob Hill (the plat to the south) did
not require sidewalks where the Commission suggested.
Stamson recommended Item 14 (regarding dedicated right-of-way) be substituted with a
resolution of encroachment so the City does not end up owning part of the swimming
pool.
Criego agreed with Kuykendall on the extension of the sidewalk to Lots 1, 2, 4 and 5 to
the west of the current plat. Also staff should guide the developer and have sidewalks on
the entire length of Hummingbird Trail. The applicant had asked for leeway on the tree
preservation and the proper way is to come forward with a variance. Agreed with staff on
that subject. #13 of the Resolution should be dedicated to the City as park on the final
plat. Redefine item # 15 so it does not provide confusion in the future. The N. U .R.P.
pond on lots 7 & 8 are an extension of the wetlands. Not sure the tree preservation is
right for the area. Graser stated the impact would be less in that particular area.
MN012797.DOC
PAGE 9
;y
MOTION BY CRIEGO, SECOND BY STAMSON, TO ADOPT RESOLUTION 97-
05PC AND RECOMMEND TO CITY COUNCIL THE APPROVAL OF THE
PRELIMINARY PLAT OF KNOB HILL NORTH AND ALL THE 16 CONDITIONS
LISTED WITH CORRECTING ITEM #14 TO DELETE, OR BE AS DEDICATED AS
ROW; REDEFINE ITEM #15 TO PROVIDE ACCESS FROM CARRIAGE HILLS;
DELETE ITEM #10 AND INDICATE THE SIDEWALK FOLLOW THE ENTIRE
SOUTH SIDE OF HUMMINGBIRD TRAIL; AND #11 A REVISED TREE
PRESERVATION SHOWING THE REVISIONS AS OUTLINED IN THE REPORT.
Vote taken signified ayes by all. MOTION CARRIED.
The plat will go to the March 3, 1997, City Council meeting.
The hearing was open at 10:
equest for a Conditional Use Permit and Conditional Sign
isposal.
C. Case #96-127
Permit for Buckingha
Planner Jenni Tovar presented t
In June of 1995, City staffbecam aware Buckingham Disposal. c. had begun
operations at its present facility at 80 Rainbow Parkway. T firm had not obtained a
certificate of occupancy. In evaluati the business, the PI ng Department concluded
the use which Buckingham was makin fthe site was no ermitted in the 1-2 zoning
district. Buckingham appealed the decisi s, and their eal was upheld.
Staff was directed by the City Council to pre e
which would explicitly permit recycling uses Ii
the 1-2 zoning district. At the same time, Scott
application for Buckingham. The County w info
and the facility would be allowed to opera during t
revision so that the license application ld proceed.
endment to the Zoning Ordinance
uckingham's as a conditional use in
ty had been processing a license
ed of the City's proposed action,
preparation of the Ordinance
The ordinance amendment was rev' ed and approved b the Planning Commission on
December 11, 1995. The item 'W tabled at the December 8, 1995 City Council
meeting, and documentation i lcating the ordinance was p ed is not available.
However, based on recollec ns and actions of city staff to peed with the Conditional
Use application for Buc . gham, it is presumed the ordinance s adopted. Staff is
bringing the ordinance endment to the City Council on Febru 3, 1997 for review
again. The amend t will then be published, and the record will e very clear of the
ordinance amend nt. In order to not delay Buckingham in their C application, staff
is proceeding both items simultaneously.
The appli t met with Tovar shortly before the meeting and proposed c
drivew acceptable to staff. They also proposed moving the outdoor stor
perty and screen the area. Applicants plan to close off the loading
closing off all vehicular access to the area.
ges for the
e area to the
ks and
MN012797.DOC
P AGEIO