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Home My WebLink About7A - Northwood Oaks Estates STAFF AGENDA REPORT AGENDA #: PREPARED BY: SUBJECT: DATE: 7A JANE KANSIER, PLANNING COORDINATOR; CONSIDER APPROVAL OF RESOLUTION 97 -XX APPROVING THE PRELIMINARY PLAT FOR "NORTHWOOD OAKS ESTATES" AND RESOLUTION 97 -xx APPROVING A VARIANCE TO ALLOW A CUL-DE-SAC GREATER THAN 500 FEET IN LENGTH AUGUST 18,1997 INTRODUCTION: The purpose of this agenda item is to consider approval of Resolution #97 -XX approving the preliminary plat for Northwood Oaks Estates. This site is located on the west side of Northwood Road, south of Arctic Lake and east of Spring Lake Regional Park. A Resolution is also attached for consideration of a variance to allow a cul-de-sac in excess of 500 feet in length, as shown on the attached preliminary plat. DISCUSSION: The City Council first reviewed this preliminary plat on July 21, 1997. The Council tabled action on this preliminary plat in order to obtain additional information: (a) the Council requested the developer provide evidence showing the design proposed by the developer for the layout of the lots in the plat minimizes the impact on the steep slopes more than any other lot layout design. Section 6-6-6 of the City Code addresses natural features of land. Subsection E pertains to slopes and provides: Slopes: Whenever possible, slopes of twenty percent (20%) or greater should not be disturbed and should be retained as private or public open space. Attached is a memorandum from the City Attorney 1:\97files\97subdiv\preplat\northoak\nooakcc2.doc Page 1 16200 Eagle Creek Ave. S.E., Prior Lake. Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQL.:,.\.L OPPORTC:"In' E:V1PLOYER which provides some input on interpretation Issues raised by this section of the code. (b) The Council also requested the staff and the developer review the number of access openings onto Northwood Road. ISSUES: (a) Steep Slopes In response to the discussion that occurred at the July 21, 1997, Council meeting and the direction provided by the Council to staff and to the developer, the developer requested its engineers to reevaluate the lot layout design options for this subdivision, with particular attention paid to minimizing the impact of development on the steep slopes and addressing the number of access points from the plat onto Northwood Road. Attached to this report is a Project Design Summary for Northwood Oaks Estates, prepared by Westergren and Associates, land surveyors and engineers for the applicant. This summary outlines some additional design options for this site, including a townhouse development, a "loop road" concept, and a "strip lot" concept. There is not enough information to review each of these concepts for compliance with the specific standards of the Zoning and Subdivision Ordinances. In general, however, the concept which appears to have the least impact on the steep slopes is the "strip lot" concept, since this arrangement allows for building sites outside of the steep slopes. On the other hand, this concept provides direct access onto Northwood Road for nearly all of the lots. The summary also notes that the design submitted to the Council for approval provides for custom grading on the lots within the steep slope areas "to conform with the existing topography and reduce the impact to the steep slope areas". This summary also addresses the proposed variance to the length of a cul-de-sac, stating "this variance will allow the narrow street portion of the cul-de- sac to traverse this slope area instead of placing the largest balloon shaped portion of the cul-de-sac directly over the area". (b) Traffic Impact on Northwood Road The Council also had some questions about the amount of traffic on Northwood Road. The Comprehensive Plan identifies Northwood Road as a minor collector street, which is intended to collect traffic from local streets and 1:\97files\97 subdiv\preplat\northoak\nooakcc2. doc Page 2 ", connect to arterial streets. The current daily traffic on Northwood Road is about 900 vehicles per day (1995 counts). A collector street is designed to handle approximately 5,000 trips per day. If we assume a single family home generates 10 trips per day (based on the Institute of Transportation Engineers Trio Generation ManuaD, Northwood Oaks Estates would generate an additional 460 trips per day, for a total of 1,360 trips. This is still below the capacity of the street. The Council also requested information on the number of additional openings onto Northwood Road. The proposed plat includes six (6) new streets openings on Northwood Road and two driveway openings. The new roads are located from 300' to 400' apart, which is consistent with engineering design standards, and the angle of intersection is consistent with the requirements of the Subdivision Ordinance. The Subdivision Ordinance does not include any standard for the number of intersections onto a collector street. However, the Minnesota Department of Transportation Road Design Manual suggests of a minimum site distance of 200 feet for collector streets such as Northwood Road. The site distance is the distance necessary for a vehicle to come to a stop before colliding with a stationary object in its path while traveling at design speeds. Northwood Road is a State Aid Street, and the recent improvements are consistent with the State standards. In order to eliminate some of these openings. a road would have to run parallel to Northwood Road north and south through this property, similar to the "loop street" concept shown in the attached developer's project design summary. While this design eliminates some street openings, it does not seem to minimize the impact on the steep slopes. ALTERNATIVES: 1. Adopt Resolution #97 -XX, approving the variance to the maximum length of a cul-de-sac and Resolution #97 -XX approving the preliminary plat of Northwood Oaks Estates 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. The City's deadline for action on this item is September 13, 1997, so any deferral should be to the September 2, 1997, Council meeting. 1:\97files\97 subdiv\preplat\northoak\nooakcc2. doc Page 3 RECOMMENDATION: ACTION REQUIRED: REPORT ATTACHMENTS: 3. 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. 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. If the Council does not grant a variance to the maximum length of a cul-de-sac, the preliminary plat could still be approved with a condition requiring the cul-de-sac to be reduced to 500' or less in length. Since there are two separate actions involved in this approval, two separate motions are required, as follows: 1. Motion and second to adopt Resolution 97-XX approving the variance to the maximum length of a cul-de-sac. 2. Motion and second to adopt Resolution 97-XX approving the preliminary plat subject to the listed conditions. 1. Resolution 97 -XX (Variance) 2. Resolution 97 -XX (Preliminary Plat) 3. City Attorney Memorandum 4. Developer's Project Summary 5. Minutes of July 21, 1997, Council Meeting 6. Agenda Report, dated July 21, 1997 7. Planning Report, dated June..23,1 997 8. Planning Report, dated J e'9, 1997 9. Plan 'ng Comm' on eting Minutes (6/23/97 and 6/9 9 1 I 1:\97files \97 subdiv\preplat\northoak\nooakcc2. doc Page 4 ", RESOLUTION 97-XX RESOLUTION OF THE PRIOR LAKE CITY COUNCIL APPROVING A VARIANCE TO ALLOW A CUL-DE-SAC GREATER THAN 500 FEET IN LENGTH SECOND BY: MOTION BY: _____ WHEREAS: WHEREAS: WHEREAS: WHEREAS: WHEREAS the Prior Lake Planning Commission conducted a public hearing on June 9. 1997 and on June 23, 1997, to consider an application from Kurt Larson and Douglas Pietsch for the preliminary plat of North wood Oaks Estates; and Kurt Larson and Douglas Pietsch have applied for a variance to Section 6-6-2 CE) of the Prior Lake City Code, to allow a cul-de-sac, identified as Oakcrest Circle on the preliminary plat of North wood Oaks Estates, to exceed 500 feet in length: and the Planning Commission reviewed this variance request as part of the preliminary plat, and determined the increased length was a better design for this site, and the increased length would not affect the intent of the Comprehensive Plan or the City Code: and the Prior Lake City Council considered an application for a preliminary plat to be known as Northwood Oaks Estates and a variance to Section 6-6-2 (E) of the Prior Lake City Code on July 21, 1997, and August 18, 1997, and the City Council has reviewed the variance request according to the applicable provisions of the Prior Lake Subdivision Ordinances and found said variance to be consistent with the provisions of said ordinances. NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PRIOR LAKE, MINNESOTA, that it hereby approves a variance to allow a cul-de-sac, identified as Oakcrest Circle on the preliminary plat of Northwood Oaks Estates, to have a length approximately 575' and providing access to ten lots, as shown on Exhibit A, Northwood Oaks Estates Preliminary Plat, dated May 6, 1997. Passed and adopted this 18th day of August, 1997. YES NO Andren Andren Robbins Robbins Kedrowski Kedrowski Mader Mader Schenck Schenck {Seal} City Manager City of Prior Lake 1:197filesI97subdivlpreplallnorthoaklrs97vacc.doc Page 1 16200 Eagle Creek Ave. S.L Prior Lake. Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 i~j\ EQL.:AL OPPORTLNrri E:VIPLOYER RESOLUTION 97-XX RESOLUTION OF THE PRIOR LAKE CITY COUNCIL APPROVING THE PRELIMINARY PLAT OF "NORTHWOOD OAKS ESTATES" SUBJECT TO THE CONDITIONS OUTLINED HEREIN. MOTION BY: SECOND BY: WHEREAS: the Prior Lake Planning Commission conducted a public hearing on June 9, 1997 and on June 23, 1997, to consider an application from Kurt Larson and Douglas Pietsch for the preliminary plat of North wood Oaks Estates: 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 Northwood Oaks Estates 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 Northwood Oaks Estates on July 21, 1997, and on August 18, 1997, and WHEREAS: the City Council finds the preliminary plat of Northwood Oaks Estates 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 Northwood Oaks Estates subject to the following conditions: 1. 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 2. A revised landscaping plan showing the changes outlined in this report must be submitted.. 1:\97fi1es\97subdiv\preplat\northoak\rs97xxcc.doc Page 1 16200 Eagle Creek Ave. S.E., Prior Lake. Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTlJNllY EMPLOYER 3. The name of Lakeview Circle (previously shown as Pond View Trail) must be changed to a name which is unique to the street naming system in the City of Prior Lake. There is already a Lakeview Circle and Pond View Trail located in the City. 4. The developer must dedicate drainage and utility easements over all the wetlands, storm water ponds, and all sewer, water and storm sewer lines located outside of the dedicated right-of-ways. The developer must also obtain easements for all utilities located outside of the boundaries of the plat. 5. The issues outlined in tlte memo from Sue McDermott, dated May 29, 1997, must be addressed in the final plat. 6. The temporary turnarounds at the end of the dead-end streets must be revised to meet City standards. 7. The sidewalk along Lakeview Circle must be located on tlte south side of the street. Passed and adopted this 18th day of August. 1997. YES NO Andren Andren Robbins Robbins Kedrowski Kedrowski Mader Mader Schenck Schenck {Seal} City Manager City of Prior Lake 1:\97fi1es\97subdiv\preplat\northoak\rs97xxcc.doc Page 2 MAY , 6 1997 ~rnD~~ @ Cl ~ ~ ~ , -, ,\ -K- c.: \.j ,\ .j PLAT I,:~'I\.\ '1'\. ilK .:~C\.. /"\ \ I /' C"' / \ . /-;\c / \ 1, - C' . . . 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F,,, \ \l.lr"uer'r~ \1. \kC.lrr,[1 Writer's Extension: 226 Writer's Fax: 452-5550 \.:Ci r~e i :-rerncn-.\ In .J, L . . ~ _ .~, ~:..:. :: ~ "('" '- (Jdr'.- lJ. F:_l(:"'~ August 11, 1997 MEMO RAND lJM To: Jane Kansier FROM: Suesan Lea Pace RE: City Council Action on Preliminary Plat of Northwood Oaks Estates I. BACKGROCND In light of the discussion that occurred at the July 21, 1997 City Council meeting involving approval of the preliminary plat for Northwood Oaks Estates, you have asked me to provide you with some input on two issues raised by the Council. The first issue involves the six access point onto Northwood Road from the plat. The second issue concerns City Code Section 6-6-6(E), Natural Features: Slopes. II. COUNCIL DISCRETION L"f QUASI-JUDICIAL DECISIONS The decision by a City Council whether to approve a preliminary plat is, as you know, what is called a quasi-judicial decision. When a City Council is making a decision that involves applying a code provision it has already enacted, those decisions are viewed as quasi-judicial and courts require that the City Council have some rational basis for its decision. The City Council's decision whether to approve the preliminary plat for Northwood Oaks Estates is a quasi-judicial decision. As such, the Council will be applying the standards set out in the City's subdivision, ordinance and related documents. With almost all quasi-judicial decisions, if the applicant meets tbe e5tahlished criteria or standards their application should be approved. However, the judgment about whether a particular criteria or standard has been satisfied or met is for the Council to make. If the Council's decision is challenged, a court would then decide whether there is sufficient evidence in the record to demonstrate that the Council acted "reasonably", "that there was a rational basis for their decision" or that their decision was not "arbitrary and capricious". These are all various of ways of saying the same thing. Suir,,: ) 17 ' E>c.:"r.,-LI~'':: Ottle<= Ccr1rc' · 1 ),~2 C,)rrl~r:}r'.:: CC:llcr Cur"c a E>...:m. \1); jj l2l .. J. Kansier August 11, 1997 ATTORNEY-CLIENT PRIvILEGED Page 2 of 2 A. NlJMBER OF ACCESS POINTS To NORTHWOOD ROAD As it relates to Northwood Road, the City Council must decide whether the preliminary plat as proposed by the applicant meets applicable standards in the City Code or in other documents relied upon by the City that provide criteria in evaluating access issues. It appears from the staff report that there is evidence in the record that supports the design proposed by the developer. One fact the Citv Council mav find relevant is that the traffic on Northwood Road, which is classified as a collector . . street, is presently below the 5000 average trip per day standard established by MNDOT for collector streets; and that traffic on Northwood Road still will be below ;'vlNDOT standards for a collector street even if the subdivision is constructed. Another factor the Council may find relevant is the engineering standard for distances between access points on a collector street. B. CITY CODE PROVlSIONS GOVERi'iTNG NAn"R.-\L FEAn'RES As the Staff Report points out, City Code Section 6-6-6 de::lls generally with "Natural Features" and Section 6-6-6(E) deals specifically with "Slopes." The statement ".. .slopes of twenty percent (20%) or greater should not be disturbed and should be retained as private or public open space" is relatively direct, but the provision is not mandatory. (Emphasis added.) The use of the word "should" qualifies the general statement concerning the disturbance of slopes. Section 6-6-6(E) sets out a goal; e.g. not to disturb slopes whenever the grade is twenty percent (20%) or greater. Compare the use of the word "should" in Section 6-6-6(E) with the use of the words "must not" in Section 6-6-6(B), "shall not" in Section 6-6-6(C), and "shall not" in Section 6-6-6(D). The provisions in Sections 6-6- 6(B)-(D) are mandatory. As a general rule, Courts interpret city ordinances strictlv against cities and in favor of property owners. In this case, if the developer can demonstrate to the reasonable satisfaction of the Council that their design of the subdivision makes every practical effort to retain slopes with grades of twenty percent (20%) or greater as open space, then the Council should approve the preliminary plat. (The City cannot take private property for public benefit without paying for it.) What is reasonable under the circumstances is a decision for the Council to mak~, but in making it the Council must carefully consider private property rights. Dolan v. Tigard. 114 S. Ct. 2309 (1994). I hope this input is helpful to you. If there is anything you would like to discuss further in preparation for the Council meeting on August 18, 1997 please give me a call or we can get together prior to or after the Staff meeting on Monday. 8. ~ 72197 DOC CITY COUNCIL MEETING MINUTES (7/21/97) . Mayor Andren asked ifthe City advertised for bids. . Parks d Recreation Director Hokeness said yes, in magazines and newspapers. . Mayor All . en said so the public saves about $1,000 per playfield in staff and consultant ti it is advertised in the magazines and papers so that those who are interested in bn ng their designs to you can do so. It is an appr07 process? Parks and Recreation irector Hokeness said yes.";''; ~ J~' . .~ " ~, ,.,~' Mayor Andren said so a -:~ndor who missed the bid would not be due to lack of notification from the City. '\.. '" Parks and Recreation Director Hbkeness concurred. J" '\, ,. . . ,. . . Councilmember Schenck said the first ~ime the. Parks Dept. asked the Council to do this method of bidding, he was uncomfortabl~, but the track record speaks for itself and it works. There is always the option ~o' reject all bids. He said it is a good process and the end result is incredible. . :,it- , . Councilmember Kedrowski said he. supported. i! last time, and he agrees that the process is innovative and said it ,p-fovides City 'with greater leverage for dollars. Instead of equipment for low bicJ.,.they get extras. They know the dollar cap, as long as it is competitive bidding, it is'j~ good and reasonabl~ system to operate under. rf - ~ ~ Councilmember Mader said' the comment was made that all vendors have an equal opportunity, but the C ""';S report said that one vendor ~as called in and given advance notice, and 'e specification defined that vendor's ''equipment. He said allowing an extra ek would create the impression of preferenSial treatment. He said based on the ndors complaint, there was not equal treatment. . >. . . Parks and Re eation Director Hokeness said it is common for vendors to assist in putting tog er specs. A manufacturer's product is called for. Other ve~~ simply identify ceptions to the specifications but can bid. \. May Andren called the question. . Upon a vote, ayes by Andren, Kedrowski, and Schenck, nay Mader the motion carried. Northwood Oaks Estates NEW BUSINESS: A. Consider Approval of Resolution 97-XX Approving the Preliminary Plat of Northwood Oaks Estates and Resolution 97-XX Approving a Variance to allow a cul-de-sac Greater Than 500 Feet in Length. 6 72 I 97.DOC . City Manager Boyles introduced the item. He said the Planning Commission reviewed and conducted a Public Hearing. One issue discussed was disturbance of slopes on the site. The subdivision ordinance does not prohibit alteration of slopes. The second issue was a need for neighborhood park. There are two parks in the area and trails are anticipated for inclusion as part of the development. A cul-de-sac which exceeds 500 foot maximum length is the third issue. The Planning Commission evaluated the options and concluded that this proposal resulted in less disturbance of the slope. . Councilmember Kedrowski asked about lots 29 and 30 on the north end of the project. Is there no way to service them without having direct access on Northwood Road? . Planning Coordinator Kansier said the lots would be very difficult to serve through another road. They could do a horseshoe road. but would still end up with another access to Northwood Road. and the Developer would likely lose a lot. . Councilmember Kedrowski asked about County Road 87 and amount of traffic flow. He said the County should develop an alternative route. . Planning Coordinator Kansier said the County had no immediate plans. . Councilmember Kedrowski said it would be prudent to talk to the County about based on minutes of Planning Commission and the issue of no off street parking. . Planning Coordinator Kansier said there would not be a lot of off street parking. There is not going to be a lot of on street parking. People potentially could park on the cul-de-sac or around the corner. . Councilmember Kedrowski said there could be permit parking on the cul-de-sac . Planning Coordinator Kansier said the 32 foot wide surface gives at least one lane of parking. . Councilmember Kedrowski asked about the building envelope. . Planning Coordinator Kansier said on the larger map it shows the graded lots. The building envelopes are also shown. There is no question, it is expensive to build on with existing slopes on the site. She said the subdivision ordinance does not prohibit disturbance of the slope, it suggests that it be avoided. . Councilmember Kedrowski said the City should make a suggestion for County Road 87, and parking. . Councilmember Schenck said it is good to see something on the table for this parcel. He said during the budget process, the Council deals with snow removal, and is told that snow removal from cul-de-sacs slows down the process. This plat proposes 6 7 cul-de-sacs feeding out to a road that has traffic problems. What about feeding a road through the subdivision in lieu of the cul-de-sacs? . Planning Coordinator Kansier said she had never seen a plan like that. She said the original plan had several more driveways so this was an improvement. She said that a street through the subdivision would take out a row of lots. . Councilmember Schenck said especially at Rolling Hills Circle, the topographical line of sight creates more traffic problems than it resolves. . Planning Coordinator Kansier said another way to look at it is that it would slow traffic down. . Councilmember Schenck said secondly he was concerned there \vas no park. . Parks and Recreation Director Hokeness said no park is called for in the Comp Plan because of the proximity to Island View and Northwood Park, within 1/2 mile. He said they tried trails, but the severity of slopes and wetlands would not allow it. They talked about a trail into Spring Lake Park. He said neighbors said they would like to have a tennis court, but it is not good park planning and they would have to wipe out 3 lots to accommodate a park. . Councilmember Schenck said one resident suggested a stop sign on Northwood. . Planning Coordinator Kansier said at Freemont and not necessarily at midpoint She said a speed survey from patrol came up with one ticket and one \varning. . Councilmember Schenck asked about the actual length of Oak Crest Circle. . Planning Coordinator Kansier said the first length was 570 feet and the second plat was actually 550 feet. . Councilmember Mader said on page four at the top, it says another way was to design a higher density development. . Planning Coordinator Kansier said it could be townhouse units which could be clustered and reduce the number of accesses ., Councilmember Mader confirmed that townhomes would preserve the land. . Planning Coordinator Kansier stated the developer could get the same or more units with more efficient land utilization. . Councilmember Mader stated that on page 7 of the Planning Commission minutes there are two comments, one about whether developer should redesign, and Wuellner said it should go back to drawing board. Did that only refer to the cul-de-sac? He nl97DOC 8 said his impression from the minutes was that fifteen people talked and it did not seem like they were happy. He asked for clarification. . Planning Coordinator Kansier said most would prefer that no development happen. They knew something would be put up eventually. A townhouse development was opposed. . Councilmember Mader asked how many lots would be lost if there were only three entrances? . Planning Coordinator Kansier said it would be a guess and she can't gIve good answer. . Mayor Andren said there is a concern that slopes are being disturbed. She said she would like to see the plat redesigned to minimize that disturbance. She said she did not see any evidence that the Planning Commission was presented with plats that would minimize the disturbance of steep slopes. She said she would like to see alternatives identified so she is assured that everything had been done to preserve the slopes. She said unless she sees that she won't support the preliminary plat. . Councilmember Kedrowski said the wording of the ordinance IS open to interpretation. They met the intent of ordinance with this development. . Mayor Andren said it may be possible to minimize disturbance of slope further. . Councilmember Kedrowski said the Planning Commission sent the recommendation to the Council. . Mayor Andren said what she would like to see happen is this be voted down so the developer could submit a design to minimize slopes. . Councilmember Kedrowski asked ifhe was wrong. . City Attorney Pace said Mayor Andren would like evidence to mlmmlze slope impact. She said she does not think the Planning Commission needs to look at it again. She said it could come back to the City Council. . Mayor Andren suggested that the developer show the staff evidence of this and return to the Council. . City Attorney Pace suggested the Council could defer to a date certain to provide the developer and staff feasible alternatives to report to the City Council. . Councilmember Kedrowski asked for a timeline. . Mayor Andren asked what is the statutory deadline for this preliminary plat? 72197 DOC 9 . Planning Coordinator Kansier said Sept. 13, so the second meeting in August. . Councilmember Kedrowski asked if he needed to specifically direct no further slope impact. MOTION BY ANDREN SECOND BY KEDROWSKI TO TABLE THE PRELIMINARY PLAT UNTIL AUG 11 SO THE CITY STAFF AND DEVELOPER CAN PROVIDE EVIDENCE TO THE CITY COUNCIL THAT NO FURTHER OPTIONS ARE A V AILABLE TO MINIMIZE SLOPE IMPACTS. MOTION BY MADER SECOND BY SCHENCK TO AMEND THE MOTION TO HAVE THE STAFF AND DEVELOPER LOOK AT THE NUMBER OF ACCESSES AS WELL. Upon a vote, ayes by Andren, Kedrowski, Mader, and Schenck, the amendmemt to the motion carried. . Mayor Andren called the question on the main motion. Upon a vote, ayes by Andren, Kedrowski, Mader, and Schenck, the motion carried. B. ider Approval of Ordinance 97-"IT Regarding the Requirements-jor Surveys for uance of a Building Permit. ,:-/( . City ager Boyles distributed a revised version of proposed ordinance. He recommen d deferral so the Council could become famili:;u'''with the changes. 72191.DOC c. MOTION B DROWSKI SECOND BY SCHENCK TO TABLE TO AUGUST 4TH." . .". Upon a vote, ayes bY'.t\Pdren, Kedrowski, Mader, and Schenck, the motion carried. "'\, Consider Approval of R~}oezmendation to Appoint a Person to fill the remainder of Former CounciImember Gree.nfield's Term. C '1 A . trn t , ./ ounel ppom en Mayor Andren said that on J~f6 the City Council authorized a subcommittee, Mayor Andren and Councilme~b" Kedrowski to interview applicants. There was posted notice in .Prior L~e ~eric~",,:n~Y r~ceived ~ applications, Jodi Stroh. fro~ LAC and JeannIe Robbms.."- After mtellVIewmg candIdates, the recommendatIOn IS ~ - "'. that Jeannie Robbins rec~ive the appointnI~t. "I ",. MOTION BY KEDROWSKI SECOND BY HENCK TO APPOINT JEANNIE ROBBINS TO FIll THE REMAINDER OF G . ENFIELD'S TERM. councilmemge( Mader said it was Friday night w they received the Council packe~e~~e was happy they received 2 applications. e said the problem is he consi7 both to be well qualified. He called the City Manager and suggested the 10 . . AGENDA #: PREPARED BY: SUBJECT: DATE: INTRODUCTION: DISCUSSION: STAFF AGENDA REPORT SA JANE KANSIER, PLANNING COORDINATOR; CONSIDER APPROVAL OF RESOLUTION 97 -XX APPROVING THE PRELIMINARY PLAT FOR "NORTHWOOD OAKS ESTATES" AND RESOLUTION 97 -XX APPROVING A VARIANCE TO ALLOW A CUL-DE-SAC GREATER THAN 500 FEET IN LENGTH JULY 21, 1997 The purpose of this agenda item is to consider approval of Resolution #97 -XX approving the preliminary plat for Northwood Oaks Estates. This site is located on the west side of Northwood Road, south of Arctic Lake and east of Spring Lake Regional Park. A Resolution is also attached for consideration of a variance to allow a cul-de-sac in excess of 500 feet in length. The preliminary plat consists of 34.15 acres to be subdivided into 46 lots for single family dwellings. All of the lots meet the minimum lot area and frontage requirements for the R-1 District. The gross density of 1.35 units per acre is also consistent with the maximum density of 3.5 units per acre permitted in the R-1 district. The Planning Commission held a public hearing to review this preliminary plat on June 9, 1997. At the hearing, the Commission heard testimony from several residents of the area. The residents noted they were concerned about the speed of the traffic on Northwood' Road. The residents also noted they preferred a single family development to a townhouse or higher density development. The Planning Commission also heard testimony from the developer of the property. The developer stated he felt this was the best use of the property. The design of this plat eliminates lots fronting on Northwood Road and provides nice home sites. 1:\97fi1es\97subdiv\preplat\northoak\noroakcc.doc Page 1 16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQl'I\L OPPORTL.:C4ITY' :o"IPLOYE? The Commission continued the hearing to June 23, 1997, in order to obtain additional information. Specifically, the Commission wanted information on the speed of traffic on Northwood Road, plans for a neighborhood park in the area, information on the developer's responsibility for the assessments for the improvements to Northwood Road, and information on the need for sidewalks and trails on the streets. The Commission also requested the developer revise the plans to provide temporary turnarounds at the end of the two dead end streets, revise the lots to meet all zoning requirements, provide some general grading information on lots with steep slopes to show the impact of the house sites, and redesign the Oakcrest Circle cul-de- sac so that it does not exceed 500' in length. The staff and the developer compiled this information and presented it to the Planning Commission on June 23, 1997. After reviewing the additional information, the Planning Commission agreed with the design of the preliminary plat. The Commission also concurred with the developer that the original design of the Oakcrest Circle cul-de-sac was appropriate for this site. The Planning Commission recommended approval of this preliminary plat, subject to the following conditions: 1. A revised tree preservation plan 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. 2. A revised landscaping plan showing the changes outlined in this report must be submitted. 3. The name of Lakeview Circle (previously shown as Pond View Trail) must be changed to a name which is unique to the street naming system in the City of Prior Lake. There is already a Lakeview Circle and Pond View Trail located in the City. 4. The developer must dedicate drainage and utility easements over all the wetlands, storm water ponds, and all sewer, water and storm sewer lines located outside of the dedicated right-of-ways. The developer must also obtain easements for all utilities located outside of the boundaries of the plat. 5. The issues outlined in the memo from Sue McDermott, 1:\97files \97 subdiv\preplat\northoak\noroakcc. doc Page 2 dated May 29, 1997, must be addressed in the final plat. 6. The temporary turnarounds at the end of the dead-end streets must be revised to meet City standards. 7. The sidewalk along Lakeview Circle must be located on the south side of the street. Attached to this report is a copy of the Planning staff reports and minutes of both of the Planning Commission meetings. ISSUES: The outstanding issue In this preliminary plat is the disturbance of the slopes on this site. This plat has several locations in which slopes of 20% or greater are disturbed, either for the placement of roads and utilities or the placement of homes. While the Subdivision Ordinance does not specifically prohibit the disturbance of these slopes. it does state that, whenever possible, these slopes should not be disturbed. The general grading information submitted by the developer indicates the greatest impact on these slopes occurs in the area of Lots 8, 16 and 19. The house locations on these lots are almost entirely within the areas of 20 to 30% slopes. The cul-de-sac for Oakcrest Circle is also within an area with 20% slopes. It may be possible to minimize this disturbance by shortening the cul-de-sac. This would result in a different lot configuration, and might provide alternative house locations on the lots with the steepest slopes. Another issue in the earlier discussions on the development of this property concerned the number of additional openings onto Northwood Road. The proposed plat includes 6 new streets openings on Northwood Road and two driveway openings. This is significantly less than the 38 driveways which are located on the east side of Northwood Road. The new roads are also located from 300' to 400' apart, which is consistent with engineering design standards. In order to eliminate some of these openings, a road would have to run parallel to Northwood Road north and south through this property. The site does not really lend itself to this type of design due to the narrow width on the south side and the steep slopes on the north end of the 1:\97files \97 subdiv\preplat\northoak\noroakcc. doc Page 3 property. Another way to eliminate the number of openings is to design a higher density development, such as a townhouse type of development. The developer, the Planning Commission and the residents at the public hearing all indicated they were not in favor of a higher density development. Another issue discussed by the Planning Commission is the need for a neighborhood park on this site. There are currently two neighborhood Parks located within one half mile of this property (Island View Park and Northwood Park), and Spring Lake Regional Park is directly to the East. The Comprehensive Plan does not identify a need for an additional neighborhood park in this area. The park and Recreation Director has determined the parkland dedication requirements for this preliminary plat should be satisfied by a cash dedication in lieu of land. The staff has also recommended the development include an 8' wide trail to provide access from Northwood Road to Spring Lake Regional Park. Finally, this preliminary plat also includes a cul-de-sac (Oakcrest Circle) greater than 500' in length. As recommended by the Planning Commission, the developer has submitted an application for a variance to allow Oakcrest Circle to exceed the maximum length of a cul- de-sac. Section 6-9-1 of the Subdivision Ordinance states "the Council may grant a variance from these regulations upon receiving a report from the Planning Commission in any particular case where the subdivider can show by reason of exceptional topography or any other physical conditions that strict compliance with these regulations would cause exceptional and undue hardship, provided such relief may be granted without detriment to the public welfare and without impairing the intent and purpose of these regulations. " The Planning Commission recommended approval of the variance to the length of the cul-de-sac. The Planning Commission felt the impact on the steep slopes would be less if the cul-de-sac were built ~s originally proposed. This design creates building sites which have less impact on the slopes. ALTERNATIVES: 1. Adopt Resolution #97 -XX, approving the variance to the maximum length of a cul-de-sac and Resolution #97 -XX approving the preliminary plat of Northwood Oaks Estates subject to the listed conditions, with the finding that the preliminary plat is consistent with the 1:\97files \97 subdiv\preplat\northoak\noroakcc.doc Page 4 intent and purpose of the Comprehensive Plan and the Zoning and Subdivision Ordinances. 2. Defer consideration of this item for specific reasons. 3. 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. RECOMMENDA TION: 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. If the Council does not grant a variance to the maximum length of a cul-de-sac, the preliminary plat could still be approved with a condition requiring the cul-de-sac to be reduced to 500' or less in length. 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 Resolution 97 -XX approving the variance to the maximum length of a cul-de-sac. 2. Motion and second to adopt Resolution 97 -XX approving the prelimi ry plat subject to the listed conditions. '1J I: \9 7fi les \9 7 s u bd iv\p rep I a t\n orth oak \n 0 ro a k cc. doc Page 5 RESOLUTION 97-XX RESOLUTION OF THE PRIOR LAKE CITY COUNCIL APPROVING A VARIANCE TO ALLOW A CUL-DE-SAC GREATER THAN' 500 FEET IN LENGTH MOTION BY: ____ SECOND BY: WHEREAS: the Prior Lake Planning Commission conducted a public hearing on June 9, 1997 and on June 23, 1997, to consider an application from Kurt Larson and Douglas Pietsch for the preliminary plat of North wood Oaks Estates; and WHEREAS: Kurt Larson and Douglas Pietsch have applied for a variance to Section 6-6-2 (E) of the Prior Lake City Code, to allow a cul-de-sac, identified as Oakcrest Circle on the preliminary plat of North wood Oaks Estates, to exceed 500 feet in length; and WHEREAS: the Planning Commission reviewed this variance request as part of the preliminary plat, and determined the increased length was a better design for this site, and the increased length would not affect the intent of the Comprehensive Plan or the City Code; 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 has reviewed the variance request according to the applicable provisions of the Prior Lake Subdivision Ordinances and found said variance to be consistent with the provisions of said ordinances. NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PRIOR LAKE, MINNESOTA, that it hereby approves a variance to allow a cul-de- sac, identified as Oakcrest Circle on the preliminary plat of Northwood Oaks Estates, to have a length greater than 500 feet. Passed and adopted this 21st day of July, 1997. YES NO Andren Andren Vacant Vacant Kedrowski Kedrowski Mader Mader Schenck Schenck 1:\97fi1es\97subdiv\preplat\northoak\rs97vacc.doc Page 1 16200 Eagle Creek Ave. S.E., Prior lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQL:AL OPPORTCNITY E:v1PLOYER {Seal} 1:\97files\97 subdiv\preplat\northoak\rs97vacc. doc City Manager City of Prior Lake Page 2 RESOLUTION 97-XX RESOLUTION OF THE PRIOR LAKE CITY COUNCIL APPROVING THE PRELIMINARY PLAT OF "NORTHWOOD OAKS ESTATES" SUBJECT TO THE CONDITIONS OUTLINED HEREIN. MOTION BY: ____ SECOND BY: _____ WHEREAS: the Prior Lake Planning Commission conducted a public hearing on June 9, 1997 and on June 23, 1997, to consider an application from Kurt Larson and Douglas Pietsch for the preliminary plat of North wood Oaks Estates; 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 North wood Oaks Estates 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 North wood Oaks Estates on July 21, 1997, and WHEREAS: the City Council finds the preliminary plat of Northwood Oaks Estates 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 Northwood Oaks Estates subject to the following conditions: 1. A revised tree preservation showing the changes and additions outlined in tltis report must be submitted. If necessary, a replacement plan must be submitted and approved prior to final plat approval. 2. A revised landscaping plan showing the changes outlined in this report must be submitted. 1:\97files\97subdiv\preplat\northoak\rs97xxcc.doc Page 1 16200 Eagle Creek Ave. S.E.. Prior Lake. Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNrTY' E:-1PLOYER 3. The name of Lakeview Circle (previously shown as Pond View Trail) must be changed to a name which is unique to the street naming system in the City of Prior Lake. There is already a Lakeview Circle and Pond View Trail located in the City. 4. The developer must dedicate drainage and utility easements over all the wetlands, stormwater ponds, and all sewer, water and storm sewer lines located outside of the dedicated right-oj-ways. The developer must also obtain easements jor all utilities located outside of the boundaries of the plat. 5. The issues outlined in the memo from Sue McDermott, dated l11ay 29, 1997, must be addressed in the final plat. 6. The temporary turnarounds at the end of the dead-end streets must be revised to meet City standards. 7. The sidewalk along Lakeview Circle must be located on the south side of the street. Passed and adopted this 21st day of July, 1997. YES NO Andren Andren . Vaeant Vacant Kedrowski Kedrowski Mader Mader Schenck Schenck {Seal} City Manager City of Prior Lake 1:\97files\97subdiv\preplat\northoak\rs97xxcc.doc Page 2 PLANNING REPORT PRESENTER: PUBLIC HEARING: DATE: 5A CONTINUATION OF REVIEW OF A PRELIMINARY PLAT TO BE KNOWN AS NORTHWOOD OAKS ESTATES JANE KANSIER, PLANNING COORDINATOR YES _X_NO-N/A JUNE 23, 1997 AGENDA ITEM: SUBJECT: INTRODUCTION: On June 9, 1997, the Planning Commission held a public hearing to consider an application for a preliminary plat for the 34.15 acre site located directly west of Northwood Road, south of Arctic Lake, and east of Spring Lake Regional Park. The preliminary plat is to be known as "Northwood Oaks Estates". After closing the public hearing, the Planning Commission discussed the issues relative to this preliminary plat. The Planning Commission decided to continue discussion of this preliminary plat to the next meeting in order to obtain additional information from the applicant and the staff. REVIEW: The specific information requested by the Planning Commission is listed below, with the response shown in bold lettering. 1. Address the speeding on Northwood Road (City Engineering) See attached memo from Sue McDermott, Assistant City Engineer. The Prior Lake Police Department will also be conducting speed surveys on Northwood Road over the next few days. We will have the results of this survey available at the meeting. 2. Plans for a neighborhood park in the area (Park and Recreation Department) See attached memo from Paul Hokeness, Park and Recreation Director. 3. The Oakcrest Circle cul-de-sac is too long; redesign the cul-de-sac so it does not exceed 500 feet (Developer) The developer submitted a revised preliminary plat on June 16, 1997. The length of the Oakcrest Circle cul-de-sac has not been reduced to less than 500 feet. 4. Provide some turnarounds at the dead end streets (Developer) The revised preliminary plat submitted by the developer shows 45' diameter temporary cul-de-sacs at the end of the dead end streets in this plat. 1:\97files\97subdiv\preplat\northoak\noroak2.doc Page 1 16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTliNiTY EMPLOYE" According to the memo from Sue McDermott, the temporary turnarounds should be increased to a 60' diameter and set back 10' from the plat boundary. 5. What is the developer's responsibility or assessments for the improvements on Northwood Road (City Finance Department) The attached memo from Ralph Teschner, Finance Director, lists the total present assessment liability as $324,490.04. This includes $191,630.88 for a sewer and water project completed approximately 20 years ago. It also includes $132,859.16 for the street paving project completed in 1996. 6. Address the need for sidewalks and trails on all of the streets (City Engineering, Parks and Recreation and Developer) Section 6-7-3 of the Subdivision Ordinance lists the requirements for sidewalks. This section states, in part, that "sidewalks shall be required for all new projects where a means of pedestrian access from the development to schools, parks, churches, business or industrial developments, adjacent neighborhoods, transportation facilities, or for unusually long blocks is necessary..." In this development, all of the streets are local streets providing access to Northwood Road. There is a sidewalk along the entire length of Northwood Road adjacent to this property. The Park and Recreation Director has also requested a trail along Pond View Lane to allow future pedestrian access to Spring lake Regional Park. No additional sidewalk is required, based on the provisions of the Subdivision Ordinance. 7. Revise the substandard lots to meet ordinance requirements (Developer) The revised plans show all lots meeting ordinance requirements. 8. Provide some general grading information on the steep slopes to address the impact of the building sites on these slopes and to address the potential erosion from these slopes (Developer) This information has been submitted and is attached for your review. ANALYSIS: The revised plans have addressed some of the questions asked by the Planning Commission. The staff also reviewed these plans with respect to the conditions listed in the Planning Report dated June 9, 1997. The revisions have addressed some, but not all, of the proposed conditions. Specifically, the revisions did not reduce the length of the cul-de-sac, did not include revisions to the tree preservation or landscaping plans, and did not address the issues outlined in the memorandum from the Assistant City Engineer. The revised plans did change the name of Pond View Lane to Lakeview Circle; however, there is already a Lakeview Circle in the City. The outstanding issue in this preliminary plat is still the disturbance of the slopes on this site. This plat has several locations in which slopes of 20% or greater are disturbed, either for the placement of roads and utilities or the placement of homes. While the Subdivision Ordinance does not specifically prohibit the disturbance of these slopes, it does state that, whenever possible, these slopes should not be disturbed. I: \97files \9 7 subd iv\prep lat\n 0 rthoak Ino roak2. doc Page 2 The general grading information submitted by the developer indicates the greatest impact on these slopes occurs in the area of Lots 8, 16 and 19. The house locations on these lots are almost entirely within the areas of 20 to 30% slopes. The cul-de-sac for Oakcrest Circle is also within an area with 20% slopes. It may be possible to minimize this disturbance by shortening the cul-de-sac. This would result in a different lot configuration, and might provide alternative house locations on the lots with the steepest slopes. In its recommendation to the Council, the Planning Commission should address the impact of the development on the natural features of the site. RECOMMENDA TION: If the preliminary plat is to proceed, it should be subject to the following conditions: 1. The length of Oakcrest Circle must be reduced to 500' or less. 2. 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. 3. A revised landscaping plan showing the changes outlined in this report must be submitted. 4. The name of Lakeview Circle (previously shown as Pond View Trail) must be changed to a name which is unique to the street naming system in the City of Prior Lake. There is already a Lakeview Circle and Pond View Trail located in the City. 5. The developer must dedicate drainage and utility easements over all the wetlands, storm water ponds, and all sewer, water and storm sewer lines located outside of the dedicated right-of-ways. The developer must also obtain easements for all utilities located outside of the boundaries of the plat. 6. The issues outlined in the memo from Sue McDermott, dated May 29, 1997, must be addressed in the final plat. 7. The temporary turnarounds at the end of the dead-end streets must be revised to meet City standards. ALTERNATIVES: 1. Recommend the Council approve the preliminary plat of Northwood Oaks Estates as presented and subject to the conditions listed above, or with specific changes directed by the Planning Commission. In its motion the Planning Commission must also make a recommendation on the variance to the length of the cul-de-sac. I: \9 7files \9 7 s u bd iv\p rep I a t\n orthoa k \n 0 ro a k2. doc Page 3 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: A motion recommending approval of the preliminary plat of Northwood Oaks Estates, subject to the listed conditions, is required. REPORT ATTACHMENTS: 1. Revised Plans 2. Memo from Sue McDermott, dated June 19, 1997 3. Memo from Paul Hokeness, dated June 19, 1997 4. Memo from Ralph Teschner 5. Planning Report dated June 9, 1997 1:\97files \97 subdiv\preplat\northoak\noroak2.doc Page 4 I Memorandum DATE: June 19, 1997 TO: Jane Kansier, Planning Coordinator FROM: Sue McDermott, Assistant City Engineer RE: Planning Commission Request on Northwood Oaks - Project #97-42 In your June 10th letter to Kurt Larson, the Engineering Department was requested to provide additional information to the Planning Commission on the following items: Speeding on Northwood Road. This is not an engineering issue. Enforcement of the speed limit is the only answer, along with voluntary compliance. The posted speed limit on Northwood Road is 30 mph with maximum recommended speeds of 25 mph posted in conjunction with curve warning signs at two locations. Sidewalks and Trails - A proposed trail is shown on Lakeview Circle and there is an existing sidewalk on Northwood Road. The existing gravel road which extends west of the plat line from Pioneer Lane is a private road outside of Prior Lake city limits. We have also reviewed the temporary turn arounds at the end of Pioneer Lane and Lakeview Circle and request that they be increased to a 60 foot diameter and set back 10 feet from the plat line. NIE MORAND lJM TO: FRON!: SUBJECT: DATE: Jane Kansier, Planning Coordinator Paul Hokeness, Parks and Recreation Director Park Dedication Requirements for Northwood Oaks Estates June 19, 1997 The Developer shall comply with the park dedication and contribution requirements as defined in the City Code. Due to the close proximity of North wood and Island View Park it has been determined that the park dedication for this plat would be cash in lieu of land. In the fuhlre there will be a trail connection to provide access from Northwood Road to Spring Lake Regional Park. I would recommend that the development include an eight foot wide bituminous trail on the south side of Pond View Circle extending to the west property line. The park dedication will be satisfied by a cash dedication which is determined by multiplying the gross acreage ofland which is 34.15 acres by 10% which equals 3.415 acres multiplied by the market value of the land ($13.000.00) == $44,395.00. Payment is due prior to the release of the final plat. 16200 Eagle Creek Ave. S.L Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTt.;NITY [;"IPLOYER INTEROFFICE MElYIORANDUlYI TO: FROM: RE: DATE: PLANNING Ralph Teschner Northwood Oaks Estates (assessment/fee review) May 16, 1997 The Dunn property comprising the following parcel numbers is proposed to be platted as Northwood Oaks Estates: PIN# 25 141 0860 PIN# 25 141 086 1 PIN# 25 903 002 0 PIN# 25 903 002 1 The property was originally served with municipal sewer and water utilities and 100% assessed under Project 82-3. The initial two assessment installments were paid with the property taxes and in 1981 the land was enrolled under Green Acres. The Dresent assessment liability is $324.490.04 wlrich will be required to be paid at tire time tire develoDer's agreement is executed. The balance of special assessments are detailed as follows: Legal Description PIN Number Code ~ Amount Outlot A, Northwood 25 141 0860 47 S&W $32,179.27 91 Paving $88,812.16 24.01 acres 3-114-22 25 903 002 0 47 S&W $159,451.61 91 Paving $44.047.00 Total... $324,490,04 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 16.8 cents/sq.ft. $ 1500.00/acre The application of these City charges would generate the following costs to the developer based upon a net lot area calculation of29.88 acres of single family lots (1,301,607 sq. ft.) as provided within the site data summary sheet of the preliminary plat description: Storm Water Management Fee: 1,301,607 sf@ 16.8/sf= $218,670.00 Collector Street Fee: 29.88 acres @ $1500.00/ac = $44,820.00 16200 Eagle Creek Ave. S.L Prior Lake. Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQL'AL GPPORT1..;NITY 2,IPLOYER H:ISPI.ITS\SPI.9709 DOC These charges represent an approximate cost of $5600 per lot for the 47 proposed lots within Northwood Oaks Estates. 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. H:\SPUTS\SPL9709. DOC OMI ~'('crro WATCR ___nt...__,,.,,,..../89 ..- u ;'1 ;:' ~ Z > AJ -< '" o o )> ~ > .I I ~ ., ~ I ! i f f tI.J U'1 H ~ :J> -.;: J trJ U] ~ loi "'i i -~ h i~ ~ ~I!~ 8 ~ la ~2 ~ " t:::-:; c., '. ~ :z: .., MEMO To: Jane Kansier CC: City of Prior Lake From: Dan R. Westergren '1>. 'Q . \.0 . Date: June 16, 1997 Subject: Sidewalk/trailway of Northwood OalG Estates We have reviewed the proposed pedestrian traffic use of each of the SL'X proposed streets. In each case we have not found the need for a sidewalk/trail system. Three of the cul-de-sac's only , ' have four houses not located adjacent to the e..'Xisting sidewalk along Northwood Road. One street has five houses, one has 6 houses, and the largest number is Oak.crest Circle vvith nine homes. In the case of Oakcrest Circle, a proposed sidewalk will only increase the areas of construction and related tree removal. FROM THE DESK OF . . . DAN R. WESTERGREN REGISTERED LAND Sl.JRVEYOR WESTERGREN &AsSOCIATES, INC. 8500 21 OTH STREET WEST LAKEVILLE, MN 55044 (612) 469-1899 - -- i~~L ~~ ~ ~c:::.- i lw ." .. " ", Ii ' 11\' , L/' ~~~.~;.~ ."'lI AGENDA ITEM: SUBJECT: PRESENTER: PUBLIC HEARING: DATE: INTRODUCTION: PLANNING REPORT 4A PUBLIC HEARING TO CONSIDER APPROVAL OF A PRELIMINARY PLAT TO BE KNOWN AS NORTHWOOD OAKS ESTATES JANE KANSIER, PLANNING COORDINATOR _X_ YES _NO-N/A JUNE 9, 1997 The purpose of this public hearing is to consider an application for a preliminary plat for the 34.15 acre site located directly west of Northwood Road, south of Arctic Lake, and east of Spring Lake Regional Park. The preliminary plat is to be known as "Northwood oaks Estates". ANAL YSIS: Applicant: Project Engineer: Location of Property: Existing Site Conditions: Kurt Larson & Douglas Pietsch 14300 Nicollet Court Suite 300 Burnsville, MN 55337 Westergren and Associates, Inc. 8500 210th Street North, Suite 112 Lakeville, MN This property is located along the west side of Northwood Road, about 1/4 mile north of Spring Lake Road, directly south of Arctic Lake and directly east of the homes between Spring Lake Regional Park and the Prior Lake city limits. This property is presently vacant crop land and wood land. There is a gravel roadway at about the center of the site which provides access from Northwood Road to the homes to the west. This roadway is identified as a 66' wide strip for access on the preliminary plat. The site has a rolling terrain, including approximately 11 acres of steep slopes (20% or greater) in the 1:\97files\97subdiv\preplat\northoak\noroakpc.doc Page 1 16200 Eagle Creek Ave. S.E.. Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQL'AL OPPORTUNITY E:V1PLOYER Zoning and Land Use Designation: Adjacent Land Use and Zoning: Proposed Development: northwest corner of the site. The northwest portion of the site is also very wooded. The property is zoned R-1 SD (Suburban Residential Shoreland District). The north half of the property is located within the Arctic Lake Shoreland District, although none of the lots directly abut Arctic Lake. Arctic Lake is classified as a Natural Environment Lake. The remainder of the property is within the Prior Lake Shoreland District. Prior Lake is classified as a General Development Lake. The 2010 Comprehensive Plan identifies this property as R- LMD (Urban Low to Medium Density Residential). North: Vacant land zoned C-1 (Conservation) and designated as R-LMD. South: A wetland zoned C-1 and designated as R- LMD. East: Single family dwellings across Northwood Road, zoned R-1 SD and designated as R-LMD. West: Single family dwellings on large lots, located outside of the Prior Lake city limits. This property is zoned "Infill" on the Scott County Zoning Map for Spring Lake Township, and is designated as "Urban Transition" on the Scott County Comprehensive Plan. The proposed plat consists of 34.15 acres to be subdivided into 47 lots for single family dwellings, for a total density of 1.37 units per acre. This density is well below the maximum permitted density of 3.5 units per acre. The lots in this development range from 12,428 square feet to 154,212 square feet. The minimum lot size in the R-1 SD (Prior Lake) district is 12,000 square feet, with 86' of frontage at the front building line. This standard applies to Lots 1-3, Block 1, and Lots 1-13, Block 2. All of these lots exceed 12,000 square feet; however, Lots 6, 7, and 8, Bloc 2, do not have 86' of frontage at the front building line. In addition, the Subdivision Ordinance requires that a corner lot must exceed the minimum width and lot area requirements by twenty percent, or in this case, be at least 14,400 square feet and 103' width. Lot 10, Block 2, does not meet this requirement. 1:\97files\97 s ubdiv\preplat\northoak\noroakpc. d oc Page 2 The minimum lot size in the Arctic Lake Shoreland District is 20,000 square feet with 100' of frontage at the front building line. Corner lots must then be at least 24,000 square feet with 120' of frontage at the front building line. These standards apply to Lots 1- 31, Block 3. Lots 2, 3, 4, 5, 10, 12, 13 and 15, Block 3, do not meet one or both of these requirements. The developer has not filed an application for variances to these provisions at this time. 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 six new public streets. The first street is called Pond View Lane, and is located on the south end of the plat. This street extends 350 feet from Northwood Road to the west boundary of the plat. This street may eventually be extended to serve the property to the west. This street is designed with a 50' wide right-of- way and a 32' wide surface. The second street, Pheasant Ridge Circle, is located to the north of Pond View Lane. It is a 150' long cul- de-sac, providing access to six lots. This cul-de-sac has a 6% grade. The third street is located just north of Pheasant Ridge Court, and is called Pioneer Lane. This street extends 430' from Northwood Road to the west boundary of the plat. This street will serve as the access road to the properties to the west. It is also designed with a 50' wide right-of-way and a 32' wide surface. To the north of Pioneer Lane is the fourth new street, a cul-de-sac called Rolling Hills Circle. This cul-de- sac is 360' long and provides access to 8 lots. North and e,ast of Rolling Hills Circle is a cul-de-sac called Oakcrest Circle. This street is 575' long, has a 7.24% grade, and provides access to 10 lots. The final street is a 245' long cul-de-sac called Oakview Circle. This cul-de-sac provides access to 6 lots. There are two lots located north of Oakview Circle which take their access from Northwood Road. 1:\97files\97 subdiv\preplat\northoak\noroakpc.doc Page 3 Grading/Erosion Control: Drainage/Storm Sewerl Water Quality: Wetlands: Sanitary Sewer: Watermain: All of the proposed streets meet the minimum design standards. However, Oakcrest Circle exceeds the maximum length of 500' for a cul-de-sac, as stated in the Subdivision Ordinance. The developer has not filed an application for a variance to the length of the cul-de-sac. This site requires considerable grading to meet City standards for roads and house pads. The applicant has submitted a preliminary grading plan which, for the most part, meets City standards. Some modifications, however, will be necessary to this plan. Several of the lots, Lots 8,9, and 16-21" Block 3, 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 majority of this site is designed to drain to Northwood Road, which then drains south to a stormwater retention pond located just south of this site. The northern portion of this site is designed to drain to the north and west to a NURP pond located on Lots 9 and 17, Block 3. There is also storm sewer directing runoff between Oakview Circle and Oakcrest Circle and then to the NURP pond. There are two wetlands on this site totaling about 2.33 acres. Both wetlands are located in the northwest corner of the plat. The largest wetland is about 2.06 acres in size and is located on the northwest end of Lots 17 and 18, Block 3. The 0.26 acre wetland is located on the northwest corner of Lot 8, Block 3. The developer is not proposing to fill or disturb the wetlands at this time. Sanitary sewer service will be extended to this site from the existing line in Northwood Road. The sewer line will be extended in the right-of-way for the new streets. In order to serve the lots adjacent to Rolling Hills Circle, Oakcrest Circle and Oakview Circle, the. developer is proposing to extend a sewer line along the north boundary of this plat. This sewer line is 25' deep in some locations. Watermain service to this property will be extended from the existing line located in Northwood Road along the east boundary of this plat and in the street right-of-way. 1:\97files \97 subdiv\preplat\northoak\noroakpc.doc Page 4 Easements: The Developer will be required to dedicate drainage and utility easements over the wetlands, stormwater detention ponds, and over all sewer and water lines constructed outside of the dedicated right-of-way. The developer will also be required to obtain easements for the utilities located outside of the boundaries of this plat, and for the maintenance of the sewer line located on the north boundary of this plat. 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 specify which type of Basswoods are on the site; some Basswoods are listed as a significant trees in the tree preservation ordinance. Second, the developer is proposing to submit separate tree preservation plans for the custom graded lots. In this case, the significant trees on these lots must be excluded from the total caliper inches. However, it appears that several trees on these lots will be removed for road construction, utilities and stormwater detention structures. The plan also seems ignore trees, which appear to be of significant type and size, and which are located near or between other trees which will be removed. The ordinance allows up to 25% of the total caliper inches of the significant trees to be removed, without replacement or restitution, as a result of initial site development and anther 25% to be removed for home placement. In order to determine if a replacement plan will be necessary, the plan submitted must be refined to reflect the questions listed above. 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. For example, the submitted plan does not identify at least two front yard trees on each lot, and four front yard trees on corner lots. 1:\97fi1es \97 subdiv\preplat\northoak\noroakpc. doc Page 5 Parkland Dedication: The Developer shall comply with the park dedication and contribution requirements as defined in the City Code. This plat does not indicate any land dedication. The Park and Recreation Director has indicated that a trail along Pond View Circle to the west lot line is desirable. This trail can then be extended at some point in the future to provide access to Spring Lake Regional Park. The remainder of the dedication requirements will be satisfied by a cash dedication calculated by multiplying 10% of the gross acreage (34.15 acres less the land dedicated for trail) by the market value of the land ($13,000). Finance/Assessment Fee Review: This subdivision will be subject to a stormwater management fee and a collector street fee. Sewer and water were extended to the site in 1982. The present assessment liability is $324,490.04 which will be required to be paid at the time the developer's contract is executed. A summary of the charges is shown on the attached memo from Ralph Teschner. ANALYSIS: 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. 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 prior to approval of this preliminary plat. One of the outstanding issues which must be addressed is the disturbance of the slopes on this site. Section 6-6-6 E of the Subdivision Ordinance states ~whenever possible, slopes of twenty percent (20%) or greater should not be disturbed and should be retained as private or public open space." This plat has several locations in which slopes of 20% or greater are disturbed, either for the placement of roads and utilities or the placement of homes. It may be possible to minimize this disturbance by rede'signing the plat in some way. For example, the length of some of the cul-de-sacs, especially Oakcrest Circle, can be reduced to provide lots with more buildable area outside of the slopes. Furthermore, a different type of development on this site may be possible. For example, a townhouse style of development could utilize the flatter portions of the site and still minimize the impact on the slopes. In its recommendation to the Council, the Planning Commission should address the impact of the development on the natural features of the site. I: \9 7 fi Ie s \9 7 s u bd iv\p re pia t\n 0 rth 0 a k \n 0 ro a k p c. d oc Page 6 Another issue which must be addressed is the length of the Oakcrest Circle cul-de-sac. The maximum length of a cul-de-sac is 500', based on the requirements of Section 6-6- 2 E of the Subdivision Ordinance. A variance to this provision may be granted, according to the criteria listed in Section 6-9-1 of the Subdivision Ordinance. This section reads as follows: "The Council may grant a variance from these regulations upon receiving a report from the Planning Commission ion any particular case where the subdivider can show by reason of exceptional topography or any other physical conditions that strict compliance with these regulations would cause exceptional and undue hardship, provided such relief may be granted without detriment to the public welfare and without impairing the intent and purpose of these regulations. The Planning Commission may recommend variances from the requirements of this Chapter in specific cases which, in its opinion, would not affect the intent of the Comprehensive Plan or this Chapter. Any variance thus recommended shall be entered into the minutes of the Planning Commission, setting forth the reasons which justify the variance. A variance application shall be filed with the subdivision application." The Planning Commission must review the length of this cul-de-sac, and make a determination about whether or not it meets the criteria in the above paragraph. The Commission's recommendation to the Council must include a statement of its findings based on these criteria. If the preliminary plat is to proceed, it should be subject to the following conditions: 1. The lot area and frontages on Lots 6, 7, 8 and 10, Block 2, and on Lots 2, 3, 4, 5, 10, 12, 13, and 15, Block 3, must be revised to meet the Zoning Ordinance requirements. 2. If the Council does not approve a variance to the length of the cul-de-sac, the length of Oakcrest Circle must be reduced to 500' or less. 3. 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. 4. A revised landscaping plan showing the changes outlined in this report must be submitted. 5. The name of Pond View Lane must be changed to a name which is unique to the street naming system in the City of Prior Lake. There is already a Pond View Trail located in the City. 6. A pedestrian trail along Pond View Lane must be provided. The width of the right-of-way must be revised to accommodate this trail. 7. The developer must dedicate drainage and utility easements over all the wetlands, storm water ponds, and all sewer, water and storm sewer lines I: \9 7fi les \9 7 s u bd iv\p rep lat\n 0 rtho a k \n 0 ro akpc. d oc Page 7 located outside of the dedicated right-of-ways. The developer must also obtain easements for all utilities located outside of the boundaries of the plat. 8. The issues outlined in the memo from Sue McDermott, dated May 29, 1997, must be addressed in the final plat. ALTERNATIVES: 1. Recommend the Council approve the preliminary plat of Northwood Oaks Estates as presented and subject to the conditions listed above, or with specific changes directed by the Planning Commission. In its motion the Planning Commission must also make a recommendation on the variance to the length of the cul-de-sac. 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. RECOMMENDA TION: Staff recommends Alternative #1 ACTION REQUIRED: A motion recommending approval of the preliminary plat of Northwood Oaks Estates, subject to the listed conditions, is required. REPORT ATTACHMENTS: 1. Location Map 2. Preliminary Plat 3. Applicants' Narrative 4. Memo from Sue McDermott 5. Memo from Ralph Teschner I: \9 7 fi les \9 7 s u bd iv\p re p I a t\n 0 rth 0 a k\n 0 ro akpc. d oc Page 8 ~ \4 , ci~~, ~'""'. ,,' l';~ ~, f.I"~~.'t~. " \ : J::-~~ t : ~~~' L,) ------- ~~ ~ ,,~--~ !.~- ---- ~c-I~:~~-J..."~, l~r ;';0, 't" i / ..j~, . ,,' "" ..-. ~;1:t~~\ 0;~:~~;~;; ~~PT~:~i~p\~,~ ~"'I }'" ,'!1,"',~. ;~'\ ~3 .~'~,:.:.I. !~'/. \ '\ : 'r--",",.J ~_..~~ '.'" 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U\ ! ~;';!:g::.~:r'~'i:-t''''!I'<('(''''''J I: I '-- PREPARED FOR KURT LARSON - DOUGLAS PEITSeH 14300 "ICOLLET COURT SUITE 300 BlJR"SVILLE. Ill' 55308 '- 'I -z--'\.T 'M-~~~ Scale 1" = :~___.~.f' J1EiiCH~L'iRJC HynRANT LOCATEn AT KORTHwoon ROAn & ARnc CIRCLE 1.NH 949.14 100' WESTERGREN & ASSOC.. INC. ENClNEERINr; AND LAND SURVEYING 8:500 2JIIT" STREET WEST LAKEVILI.E, 1,fN 55044 (B'21 .M-'B99 CERTIFICATION '''''''''l NORTHWOOD SITE ORA'"" liT I u:lI.Uf ttilt'T1TT rLlT 1"11' n...",. ~lonc'nO!O. .... lIVo.-t nf ,1t!,~ IT II<! 01 lJ!"l)O 1fT ;~rCT !UP~,," L'fIl nuT I .uI I DULl UCm'Vttt Cf'I1L r.lCll'lttlltlmlU TY1 t.aW'll 0' TII1IfTln 0' I1l7'1l'n!ITi ..--:- -~ ~~. '-:"-"""-=-- JAY L IllU lite :to \ --- \ OAKS ESTATES ISHEETI NO. PLAN 2 ~ - ~~~:~. ~~ - ~'- ~~"-~~..- ~COCl - l'~ ..~ COO .,,'[~ ~ 'or..... St.O"[ A>l"l '~TS 'C<'OP' ~.~" "'r~~ ,r",?' ~"I.C. ~~.~ (r".?,,: ,,' '~t..' 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ENGINEERING AND LAND SURVEYING 8500 21 nTH STREET 1fEST UKEVILLE. ~N 550H (~12) 469-IM9 KURT LARSON - DOUGLAS PEITSCII 14300 NtCOU.ET r:OURT SUITE 300 BURNSV1LU:. MN 55308 '~J 'CEEflFICITION-- I ~ ~ T1I,I.T MS .u... !'KlTlCl00l' 0' ~~ u:I'On'~ "171U'O n Ifl ~I '1I"lI1I lIT DIUCT svrOn'I'T"'" &,'fI \"1.11 1.l..1li1 Dun uelfiD'carn. . ..,wn. .~. .. ~ ~" " ~ "'" " """"'". Cl'I'[CI:T.tI IT __~~....li5~ ~ lAY A- RIU lie :fG. lUtE REVISIONS NORTHWOOD OAKS ESTATES I SHEET I NO. 6 GRADING PLAN \ \ \ \ \ \ \ I , I \ I I \ \ , , \ \ / / TREE; NOR THI;VOOD . ~/-- ---,~- --' jO Oi I I l@1 .. /J " , \ \ \ " \ ~-:::l--" \ ~~ \...------ \ ;4300 ,"ceLlET COURT BURNSVIlLE, '''''''ESOT A 55306 PREPARED FOR: KURT LARSON - DOUGLAS PIETSCH ::;\ '" ~1 ~\ ,'. III I I I -t- r--' r L--J \ Ji ; , ~ POEP.o.PfD ~ ( P T~ F' c.: I;' D V ,\ '11 T 0 1\; t . u '-~ J,J 1 \, , K_, I , ! 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"790 I Westergren & Associates, Inc. 8500 210m Street West - Lakevllle. MN 55044 - (612) 469-1 899 - Fax: (612) 469- i 899 -- NORTHWOOD OAKS ESTATES PROJECT OVERVIEW This 47 lot single family project is located in an existing R-1 zoning, it meets the requirements of this zoning; thus re-zoning or variances are not needed. Proposed lots in the subdivision fall within the designation of general development waters, minimum lot area of 12,000 square feet and nanrral development water with a minimum lot area of20,000 square feet. The smallest lot area in this subdivision is 12,428 square feet and the largest lot is 154,212 square feet. With a total acreage of 34.15 acres, the average lot area is 27,806 square feet, or a density of 1.37 lots per acre. The unique shape of this parcel which leads its design to a series of short cul-de-sacs, makes this proposed subdivision a desirable combination ofnon-tbru streets, large lots with a mlnlmal environmental impact and a wonderful location within the westerly end of the City of Prior Lake. PIETSCH Builders · Inc. 20830 HOLT . PO BOX 218 . LAKEVILLE. MN . 55044 . (612) 469-3044 Proposed housing elements within NORTHWOOD OAKS ESTATES Proposed houses to have a variety of elevations. As a developer it will be important not to build the same house with the same exterior side by side. The same floor plans can be built next to each other, but with a change in the exterior elevation. The design of the houses will depend on the lot in which it is built on. On wooded lots. care will be taken to customize the house elevation to match the existing contours of the wooded terrain. ITPES OF HOUSES: This project will consist of2 stories, ramblers, modified 2 stories, and side to side splits. Given today's lot prices, one can expect a fair amount of2 stories and modified 2 stories. This style is a consumer's best buy per square foot price. Rambler plans in the last 5 years has made a strong come back. I expect to see quite a few ramblers built in this project. All house types will correspond with graded house pads as shown on the Grading and Development Plan. EXTERIOR: I anticipate that 90% of all houses built in the project will have maintenance free siding. On the front of the houses we expect to see a fair amount of brick, stucco, and a detailed front elevation to all the houses. With the demand for maintenance free siding, we will allow maintenance free front elevations. With this type of front we will request a significant amount of brick on the front. No masonite siding will be allowed on any of the houses. LANDSCAPING: With the layout of the lots, we feel that it will require on all the court comer entrance lots to have some type oflandscaping. If this is done properly, this will create a private neighborhood setting for each individual court. Enhancing each court entrance will create a higher standard within the project. We would like to see grouped mailboxes within the project. This type of mailbox would include a spot for the mail and a spot for papers to be put in. These would be constructed of cedar and designed to consist of 2 to 4 boxes per cluster. Allowable fencing would be regulated by the covenants. We prefer that all fencing to be constructed out of a wood material and that it has to be approved by the governing architectural committee. SITE FEATURES: With the views that some of the lots will have, we anticipate many homes with much glass on the fronts and backs of the houses. Buyers will demand unique views, the proper use of the lot and most of all the right setting of the house to the lot. Types of houses to be built on a given lot will be controlled with great interest. It can happen where a builder/resident will try to build the wrong style of house for a certain lot. This will not take place, as being an experienced developer and builder, our expertise and insight will be given to each lot and style of house to make sure it fits within the neighborhood and surrounding drainage patterns. ARCHITECTURE (EXTERIORS): Today's market trends will be used greatly within the project. Homes will consist of traditional, soft contemporary, and special design that may be customized to the site. Homes will have to follow the covenants that will be recorded. Areas of concern as a developer to the project will be, minimum roof pitches, 3 car garages, and the use of natural earth tone colors. UTTI...ITIES: Sanitary sewer, watermain and storm sewer shall be installed underground within the road right-of-way or within dedicated utility easements. Telephone, gas, electric and cable TV shall be installed underground within the boulevard area of the road right-of-way. Westergren & Associates, Inc. 8500 21 Oth Street West. LakeVlile. MN 55044 . (6 I 2) 469-1 899 . Fax: (61 2) 469-1 899 -- NORTHWOOD OAKS ESTATES PROPOSED PUBLIC UTILITY PLACEMENT STATEl\'IENT All public utilities (ie., gas, electric, telephone, cable television) shall be coordinated with each utility to be placed underground and within the easements as sho"WTI on the final plat. Westergren & Associates, Inc. 8500210th Street West. Lakevlile. MN 55044. (612) 469-1899 . Fax: (612) 469-1899 NORTH\VOOD OAKS ESTATES PROPOSED CONSTRUCTION SCHEDULE STARTING DATE - EROSION CONTROL MAY 26, 1997 STARTING DATE - GRADING JUNE 1, 1997 GRADIN"G COMPLETION JULY 1, 1997 START UTll..ITY CONSTRUCTION JUNE 15, 1997 UTILITY CONSTRUCTION - COMPLETION JULY 21, 1997 START - STREET CONSTRUCTION JULY 21, 1997 FIRST LIFT - STREET CONSTRUCTION JULY 31, 1997 FINALIZE EROSION CONTROL AREAS AUG. 10, 1997 DECLARA TIONS OF COVENANTS CONDITIONS AND RESTRICTIONS OF SUBDlVTsrON This Declaration made on the _day of ,19_, by Pietsch Builders, Tnc., a Minnesota Corporntion~ hereinafter referred as "Declarant", witnesseth' WHEREAS Declarant is the owner of real estate sItuated In Scott County, Minnesota, whIch is described in "Exhibit A" attached hereto and made a part hereof, whlch Declarant proposes to develop as an exclusive residential area and for the preservanon of the value and amenines on the premises and the maintenance of facilities, is subjecting said property to the Covenants, Condinons and Restrictions hereinafter set fonh for tile bendit of saId pTOperti~S and the owners thereof: NOW, THEREFORE, Declarant hereby declares that all of the property descnbed herein shall be held, sold and conveyed subject to the following easements, resnicrions, covenants and conditions which are for the purpose of protecting the val uC and deSIrability of each building s~te and shall run \V1th the real property and be binding upon all persons or parties having any right. title, lien upon or inlerest therein., their heirs, successors and assigns. and shall Jnur~ to the benetit of owners of any lot or pol1ion thereof. ARTICLE I DEFLN1T10NS For the purpose of this Declaration, the following terms shall have the meanings hereby ascnbed to them SectIOn 1: "Living Unir" shall mean and refe'" to each single family residence situated upon the pTo~rty designed and intended for use and occupancy of a single familv Section IT: "Owner" shall mean and refer to owner, whether one or more persons or entItH~$. of a fee simple title to a lot whIch is a part of the property, including contract vendors and vendees, and thCtf assigns, but excluding those having such interests merely as security for the performance of an obligation. and excluding those haYlng a hen thereon by provisions of. or by operation of law Section IV: "Property" shall mean and refer to the real property described herein, or any part thereof. ARTICLE U BlHLDfNG AND USE RESTRICTTONS Section I: Residential Use: no Lot or Living Unit shall be uscd cxcept for resIdentIal purposes for occupancy of a single family. Section II: Activity Use: No business or profession shall be conducted on any lot or living unit, nor sball any noxious or offensive activity be conducted, nor shall anything else be done thereon or therein which may be or become an annoyance or nuisance to other owners or occupants No public sales or auctions of any kind shall be permitted. Each lot shall at all times, be kept in a clean. sightly and wholesome condition. No trash,. litter, junk, boxes, containers, bottles, cans, implements. machinery. lumber, or other building materials shall be pennitted to remain exposed on any Jot so as to be visible to any neighboring lot or road except a.s is necessary during the period or construction. Section III: Temporary Strucrures: No strucrure of a temperaI)' character, mobile home, trailer, bus. or tent. shall be placed or erected on any 10l, nor used a.." J. residence. except dwing construction. altering, or remodeling of a dwelling, and then only as reasonably necessary in such construction. All construction shall be pursued diligently and be completed within 180 days after the issuanc::: of the building permit. In the event that a strucrure is destroyed, whol1y or partially by fire or other casualty. said structure shall be properly rebuilt or repaired to conform to thIS declaration or all of the remaining structure including the foundation and all debris shall be removed from the lot. Section rv: Easements: Easement for installation and maintenance of utl1 itics and dra.inage facilities are reserved as shewn on tbe recorded plat and within these easement no structure shall be placed or pennitted to remain which may damage or interfere with the installation and maintenance of utilities or may obstruct or change the direction or flow of drainage or through drainage channc:ls. The easement area shall be maintained by the owner of the lot, except for such majntenance for which a public authority or utility company is responsible Section V: Utility Service: All utility services including electric, namral gas. telephone. cable television.. etc, shall be placed underground. Section VI: Towers, antennas. etc.: No poles, posts. towers, antennas, or similar structure shall exceed six feet in height above grade, no television antenna may be placed upon the roof of a residence, except dishes less than two feet in diameter attached 'directly to the home. Section VII: Fences a.nd Walls: No fences or walls other then such as are an integral part of a residence, garage or other enclosure covered structure shall exceed six feet above grade level at any point and shall be constructed of wood with a stained or natural finish, brick, or stone. Section Yill: Signs: No signs of any kind shall be displayed to puhlic view on any lot except one sign not exceeding five square feet in area advertising a home or lot for sale after completion of initial construction of the res-idence or sale of lot by the developer and builder All such signs shall require the approval of the architectural committee prior to erection. Section X: Animals: No horses, cattle, sheep, goats. pigs. poultry, or other live animal shall be kept or maintained on any lot, other than domesticated aI11mals that are bona fide household pets, and to not make objectionable noises or otherwlse constitute a nuisance, physical threat. or inconvenience to any resident of the development and shall not be kept for breeding or commercial purposes. Construction of dog runs or pens shall not be perrmtted. Section Xl: Vehicles: No buses. trucks, house trailers, mobile homes, motor homes, motor campers, trailers, licensed or unlicensed automobiles, aircraft, tractors. or watercraft shall be parked on the property unless such vehicles are stored inside the structure. ARTICLE m HOME CONSTRUCTION AND LANDSCAPING Section I: Criteria for Home Construction: Architectural quality, distinction, creativity and co'mpatibility is deemed of prime importance_ Harmony in external design. location upon the lot and in relation to surrounding structures and topography, as well as the height, shape and exterior materials, finish and quality are all matters to be considered. All house fronts shall be constructed of natural materials such as wood., native stone, brick, or such materials as are approved in writing by the architectural control committee. Wood finishes are to be in natural earth tone or gray stains and paints. Sides and rears of all homes an: to be constructed of compatible quality materials, including aluminum. vinyl or cedar. No prefab. modular or factory bUIlt structure will be pcnnitted. All. residences must be stick-built on site. All roofs shall be constructed at not less than 7/12 pitch. Section ll: Structures: No structure other than one single family residence shall be erected on any lot together with a garage at least two cars in size constructed as a integral part of the residence. Section Ill: Landscaping: A lawn and plantings plan that shall include at least two tre~s of an approved -, .' species and size shall be submitted to the architectural committee for approvaL All landscaping shall be completed within nine months after issuance of a building permit or 60 days after home completion, whichever is sooner. Wooded areas are to be preserved and no trees exceeding six inches in diameter at the base shall be removed unless diseased, severely damaged or deteriorated or hazardous except where necessary for building or to comply with landscaping plan as approved. Planting or trees which can cause a public nuisance, such as cotton producing trees, or can be a public hazard., such as bug infestatlon or weak bark, are prohibited All lawn areas fTom rear of strucTUre and Side lot lines to curb must be sodded at owner's expense Section tV: Surfacing: Motor vehicles driveways and parking areas shall be hard surfaced with asphalt., concrete, brick or similar materials. Driveways, parking and lawn areas shall conform to grades estab\1shed by development plan with wooded areas preserved and native undergrowth protected if at all possible Section V: Size of Residence: No residence shall exceed two stories in heIght above front ground level. One story and multi-level residences shall have above grade finished living area of no less than 1.500 square teet: and two-story residences no less than a total of 2,000 square feet in each instance excluding garages, unheated porches, and accessory structures thereto. ARTICLE IV ARCHTTECHTURAL COM.WTTEE Sectlon 1: Membership: An architectural committee is hereby established for the purpose of carrying out the proviSIOns of these covenants, condltions, and restrictions_ and the enforcement or compliance therewith to consist of Douglas Pietsch and Kurt Larson, or their nominees until the last lot in the development is conveyed in fee to a third party. Section II: Vacancy In the event ofa resignalion_ or if any member of the committee is unable to contInue serving as such, or for the purpose of increasing the number of members on the committee, the remaining member or members shall appoint or elect such replacement or additional member. Section m: Variances: the architectural committee shall be entitled to grant variances as to any requirement of these covenants if in their opiniol1 the variance has sufficient architectural and esthetic merit to be approved or would cause an undue hardship if not granted. No application to the City of Prior Lake for any variance from city zoning ordinances shall be filed without first obtaining the approval of the architectural comminee_ ARTICLE V FUNCTIONS OF ARCHITECTURAL COMrvfITTEE Section I: Plans and Specifications: Prior to the application for building permits and commencement of construction, two complete sets of plans and specifications for the construction of any residence or other building. or a SVvimming pool, wall, fence, mailbox or storage structure shall be submitted to the arcmtectural committee and no work In wimess whereof, the undersigned~ being the Declarant herein. has caused this Declaration of Covenants, Conditions and Restrictions to be executed in its name by its duly authorized person on the day and year first above written. Pietsch Builders, Inc. Douglas Pietsch President State of Minnesota Dakota County On this day of , 19_, before me, a notary Public within and for said County, personally appeared Douglas Pietsch, President of Pietsch Builders, [nc., a corporation named in the foregoing instrument on behalf of said corporation and acknowledged this instrument to be the free act and deed of said corporation. Notary Public, County My Commission Expires preparatory to construction thereof shall be commenced until the s:une are approved in writing by the committee: (a) The committee shall take action upon the application for approval thereof within 14 days from receipt thereof and if disapproved the committee shall advise the apphc:1nt ofr.he reason for disapproval and what changes it deems necessary-for compliance wlth the covenants. (b) If the committee fails to take action upon an appl1cation within 14 days the plans and specifications shall be deemed approved and shall be strictly followed in construction. (c) The decision of the architectural committee in these matters shall be final. No member of the committee shall be subject to any penalty. or hable for any damages by reason of any action they may take. or failure to act, or error In judgment, negligence or nonfeasance, in actions of the committee or in serving as a member thereof. AR TTCLE V1 TERM AND ENFORCEMENT . Section J' Life of Covenants: These covenants and restrictlons shall run 'Nith the land and all conveyances shall be subject thereto. whether specIfically so stated tn the conveyance or not, and shall be binding upon all persons and partics owning any interest in any lot in this development, and upon all occupants thereof, for a period of20 years from the date hereof. after which time the::y shall be automatically extended for successive periods of 10 years, unless the owners of two-thirds of the lots in this development agree or vote to terminate them. or to alter or amend them in whole or in part Section II: Invalidation: invalidation of any portion of these covenants and restrictions, by judgment, court order or otherwise, shall not affect any other provislon, all of whIch shall remain in full force and effect. Section m: Enforcement: Any person., or combination of persons having any o\.\.'nership interest in any Jot in this development shall be entitled to enforce these covenants and restnctions in any legal manner including proceedings at law or in equity to restrain violations thereof or to recover damages sustained by reason of violations thereof Section TV: Amendments: The architectural committee is hereby empowered to amend any portion of the Declaration that may be objectionable or in conflict with rules and regulation of the Federal Housing Authority or the Veterans Administration, or necessary to qualitY for mortgage financing. Section V: City Ordinances: In addition to this Declaration of Covenants, Conditions and Restrictions. all ordinances of tht: City of Prior Lake, Minnesota. shall be bmding on all lot owners. I Memorandum DATE: May 29, 1997 FROM: . . \ Jane Kansler \ ~ -;tr / \J(\) L'./YV~ Sue MCDermo~W '/ Northwood Oaks - Project #97-42 TO: RE: The Engineering Department has reviewed the preliminary plans for the subject project and have the following comments: 1. Address utility easements along the north property line where sanitary sewer is proposed. 2. Provide storm sewer calculations for drainage, NURP ponds, etc. 3. Include a project location map on sheet 1. 4. Label street names on the site plan. 5. Show all easements and direction of sanitary sewer flow on the site plan. 6. The details are at a scale that is too small for half-size plans. 7. All grading must occur within the parcel boundary unless easements are obtained. Proposed contours are shown to the centerline of Northwood Road. Match grade at back of existing sidewalk. 8. Show all drainage and utility easements, right-of-way lines, existing street names, proposed street names, a legend and existing contours and features 200 feet beyond property lines. Identify the plat to the east. The grading plan is hard to follow without a legend. Contours must be connected on the grading plan (Le. Northwood Road). 9. Show contours representing swales from front to rear of all side lot easements. Maintain all drainage within easements. Show drainage arrows. 10. Show NWL, HWL, and contours of the NURP ponds. A skimmer is required at the outlet of the NURP pond. 11. Use different line types on the drainage/erosion control sheet so it is easier to read. Some of the sheets have fonts that are too small to read (sheet 8), notes are upside down on sheet 14. In general, too much information is provided on some sheets, not enough in others. 12. On the sanitary sewer and water plans, use different line types to distinguish sewer (arrows) and water (dashed). Length and type of pipe need only be shown in profile. Show more detail where connections to existing utilities are made. All sanitary sewer pipe between 16 feet to 26 feet deep must be SDR 26. Round pipe lengths to the nearest foot. It appears that the sewer could be shallower in areas if minimum slope is used ( between MH II and 16) or outside drop manholes (MH 23). Insulate sanitary sewer at depths less than 8 feet. 13. On the storm sewer sheets, show existing storm sewer, sanitary sewer and watermain in the profile view. Show all storm sewer easements. Drainage at the west end of the north through street must be addressed. 14. Show spot elevations on the cul-de-sacs (street plans) with drainage arrows. Show valley gutter at all Northwood Road connections. Provide pedestrian ramps at all comers. g:\projects\ 1997\42nowdok\prelrev .doc 2 PLANNING COMMISSION MINUTES JUNE 9, 1997 1. Call to Order: The June 9, 1 97, Planning Commission meeting was called to order by Chairman Criego at 6:30 p.m. se present were Commissioners Criego, ykendall, Stamson, Wuellner and Vonhof, Dire tor of Planning Don Rye, Planning ordinator Jane Kansier, Assistant City Engineer Sue 1 cDermott and Recording Secre Connie Carlson. Commissioner V onhof arr' Vonhof S tamson Kuykendall Criego Wuellner Absent Present Present Present Present 2. Roll Call: 3. 4. Public Hearings: 1k A. Case #97-042 Consider a preliminary plat for the project known as "Northwood Oaks Estates", consisting of34.15 acres to be subdivided into 47 lots for single family residential dwellings. Commissioner Criego read a public hearing statement and opened the meeting to the public. A sign-up sheet was circulated to the public in attendance. Planning Coordinator Jane Kansier presented the Staff Report. Applicants Kurt Larson and Douglas Pietsch are applying for a preliminary plat for the 34.15 acre site located directly west of North wood Road, south of Arctic Lake, and east of Spring Lake Regional Park. The preliminary plat is to be known as "Northwood Oaks Estates" . The preliminary plat identified 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 the undeveloped site. MN060997.DOC The proposed preliminary plat meets most of the standards of the Subdivision Ordinance and Zoning Ordinance. There are some engineering and ordinance requirements which still must be addressed prior to approval of this preliminary plat. One of the outstanding issues which must be addressed is the disturbance of the slopes on this site. This plat has several locations in which slopes of 20% or greater are disturbed, either for the placement of roads and utilities or the placement of homes. It may be possible to minimize this disturbance by redesigning the plat in some way or a different type of development on this site may be possible i.e., a townhouse style of development could utilize the flatter portions of the site and still minimize the impact on the slopes. In its recommendation to the Council, the Planning Commission should address the impact of the development on the natural features of the site. Another issue which must be addressed is the length of the Oakcrest Circle cul-de-sac. The maximum length of a cul-de-sac is 500', based on the requirements of Section 6-6-2 E of the Subdivision Ordinance. A variance to this provision may be granted, according to the criteria listed in Section 6-9-1 of the Subdivision Ordinance. The Planning Commission must review the length of this cul-de-sac, and make a determination about whether or not it meets the criteria. The Commission's recommendation to the Council must include a statement of its findings based on these criteria. If the preliminary plat is to proceed, it should be subject to the following conditions: 1. The lot area and frontages on Lots 6, 7, 8 and 10, Block 2, and on Lots 2,3,4,5, 10, 12, 13, and 15, Block 3. must be revised to meet the Zoning Ordinance requirements. 2. If the Council does not approve a variance to the length of the cul-de-sac. the length of Oakcrest Circle must be reduced to 500' or less. 3. 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. 4. A revised landscaping plan showing the changes outlined in this report must be submitted. 5. The name of Pond View Lane must be changed to a name which is unique to the street naming system in the City of Prior Lake. There is already a Pond View Trail located in the City. ' 6. A pedestrian trail along Pond View Lane must be provided. The width of the right- of-way must be revised to accommodate this trail. 7. The developer must dedicate drainage and utility easements over all the wetlands, stormwater ponds, and all sewer, water and storm sewer lines located outside of the MN060997.DOC 2 dedicated right-of-ways. The developer must also obtain easements for all utilities located outside of the boundaries of the plat. 8. The issues outlined in the memo from Sue McDermott, dated May 29, 1997, must be addressed in the final plat. Comments from the public: Applicant, Kurt Larson, 14500 Kipling Avenue, Savage, stated they put together the plat based on a number of factors. After meeting with some of the neighbors and looking at the surrounding lake neighborhoods they felt the best use of the property was for single family homes and proceeded along those lines. The cul-de-sac design eliminates frontage along Northwood Road and provides nice housing sites. The size of the lots can be adjusted. The 575 foot length culdesac is critical for the number and quality of the lots. He understands they would have to apply for a variance. Mr. Larson felt the other conditions can be met. He felt it would be a nice quality home sites with price ranges of $200,000 to $275.000, which is consistent with the neighboring homes. Andy Buesgens, 15995 Fremont Avenue, feels there is a problem with traffic and the construction trucks in the area. Mr. Buesgens explained an accident which occurred the day he received his notice. He would like to see stop signs or speed bumps to prevent some of the speed. Roberta McDonald, 16207 Northwood Road, would not like townhomes in the area and would prefer single family homes. She is concerned with the snow removal and having to pay for someone to come and remove the city's snow. She also felt the police will have to patrol the area more often. Joe Passafaro, 16077 Northwood Road, would rather see the single family homes than the townhomes. He is concerned with the traffic. There are many children in the area and agrees with the neighbors testifying to the speed. Mr. Passafaro feels there should be an adult and/or young adult park in the development. There is a tot lot and a few small parks that are not maintained. There is no place to play ball or tennis in close proximity. This is the last chance to get any kind of park and he strongly recommends a facility for the young adults. In his opinion he does not feel it is very good park management. There has been no petition to the City requesting speed bumps or other traffic control. John Tielborg, 14358 Rutgers Street stated he owns approximately 15 acres of property north of the development. His first concern was for tree removal at 8 or 9 percent. He felt there were many significant trees and there would be maybe 30 to 40 percent removal. His other concern is with the 20% grade and major erosion and runoff toward Arctic Lake. He suggested putting in a right turn lane to help with traffic. MN060997.DOC 3 Bruce Myrvold, 16618 Northwood Road stated he and his neighbors are opposed to multiple development. Stacey Spencer, 15880 Arctic Circle, questioned rezoning. Her concern is for the 10 acre lots. She spoke on the preservation of the wildlife and wetlands. She would prefer 10 acre parcels. Trespassing and destruction of property has been a problem. Jeanne Kane, 16286 Northwood Road, had concerns for the cul-de-sac and the snow removal. She would like to make sure the snow does not end up in her property. Mrs. Kane suggested an environmental impact study. Richard Lindman, 15880 Arctic Circle, questioned what would serve the community better, another housing development or a park? John Tetzloff, 16337 Northwood Road, wanted to reiterate the speeding problem. the multiple family dwelling and parks. He questioned sidewalks in the development. Dan Westergren of Westergren and Associates, prepared the plans and addressed some of the concerns. The applicant has worked with staff to preserve many of the trees. He explained lots with the steep slopes and preserving the woods. The development will remove 9 percent of the trees when the allowance is 25 percent. They want to bring in quality homes and preserve the wilderness as do the neighbors. He feels the snow removal will not be a problem. Mr. Westergren met with the Park Department and followed their recommendation. Roberta McDonald, 16270 Northwood Road, questioned the safety with the traffic flow on the intersection of North wood Road and their private driveway. She would like to see where the road is being removed and reconstructed. John Champine, 3192 Butternut Circle, stated his concerns for parking on Northwood Road for the new development. The sidewalks and median are not clearly shown on the map. Another concern was for the assessments made to the developer for last year's street improvements. Mr. Champine questioned how the developer was going to proceed with the house building. The neighbors would like to get a sense of the development. Mr. Larson said the time table for the project is about 2 and one-half years, with 4 to 6 builders and the market value of lots would be $40,000 to $60,000. Jeanne Kane 16286 Northwood Road, questioned the road to Bud Cooks' 20 acres. Kansier explained the property is in Spring Lake Township and the City does not regulate development in the township. John Sweeney, 16109 Northwood Road wondered if there was any additional access to the lake. MN060997.DOC 4 Rye said no. Mr. Larson commented the additional traffic would be a city issue rather than a developer issue. There is an unresolved issue with the cul-de-sac and asked if the commissioners would table that matter to give them time to review. Joe Passafaro, 16077 Northwood Road, said it was prudent for the quality of life for the people who live in the development and the existing residents to provide a park. This is the last chance to have a park. The public hearing was closed at 7:35 p.m. Comments by the Commissioners: Stamson: . The Parks Advisory Council mapped out a park plan and this property was not designated as a need at this time. Spring Lake Park is next to the development. . The snow removal should not be a problem. The City would be responsible. . The slopes might be a problem. Would prefer to see lower density. There is a pay off, preserve slopes or lower density? . The variance will be addressed. . The 12 lots will be modified to meet the ordinance. Wuellner: . The general layout of the property is difficult. Six cul-de-sacs is not a good plan. The road is too narrow for the traffic and safety vehicles. . Sympathetic to the neighbors concerned with the park. Would like to see the issue addressed. . Overall the treatment of trails and park, street length issue, slopes and tree inventory is not complete. He would rather see it go back to the drawing board. V onhof: . How many ADT's (Average Daily Trips) would 47 families affect the development. Kansier said the maximum would be 14 trips per day per home. . The traffic issue is an off site problem. . Agreed with Commissioner Wuellner with an inadequate tree survey. . Would favor custom grading over 20%. . Overall is against streets which do not end in cul-de-sacs. Maintenance would be difficult. The City should not have to pay to have trucks drive back and forth down a stubbed street. . There are problems with stubbed off streets. Not in favor. . The good thing is there is no housing fronting Northwood Road. . Will not support a variance on the culdesac length. MN060997.DOC 5 . Concern for drainage to the wetlands. . Sidewalks and trailways are absent. Provisions should be made to the County park. Does not feel anyone should walk on the street. . Would like to see more of an explanation from the Park Department. There are no other parks serving this area. You cannot count a County park. Kuykendall: . Concurred with the Commissioners. . Would like to see larger scale plans. . The snow removal should have a bump out area in the cul-de-sac. . Concern for the length of the culdesac. Looks like a through street. It is a negative. . Many issues are dealing with traffic engineering which is not the developer's responsbility. . It is important to have sidewalks. . The park is not totally the responsibility of the developer. . The alternative of not wanting single family homes could be townhouses. There are trade offs. . Stop signs and clear vision design will be addressed. . It may be appropriate to table the matter. . Staff should raise the traffic enforcement and park issues and respond. Most issues have been addressed. Compromises are to be made. Criego: . Agreed with the Commissioners. . This is the type of development the City would like to see. The follo\ving issues have to be addressed: . The Engineering Department should come forward and tell what can be done relating to some of the speeding. . Would like to hear from the Parks Department regarding this development. . The cul-de-sac is too long. It is a fire hazard. It is a problem for fire trucks. . Engineering should come up with a recommendation for turn-arounds for City trucks. . What is the impact to a new developer with the assessments from last year's improvement? . Concern for slopes and maintaining the wooded area. He would like a general idea of what the developer will take out with those lots. . Take a better look at the sidewalks and trails. Developer, Kurt Larson requested a continuation of the hearing. MOTION BY KUYKENDALL, SECOND BY VONHOF, TO CONTINUE THE HEARING TO THE JUNE 23, 1997 MEETING. V ote taken signified ayes by all. MN060997.DOC 6 PLANNING COMMISSION MINUTES June 23, 1997 Criego: . 54% impervio s surface is a real problem. . The City's stan d is 30% the DNR's 25%. probably not goino 0 happen. . Suggested not to exc d 30% impervious s ace. . The one foot driveway etback has to be oked at. Tovar suggested a driveway easem t (5 feet) with the neighbor for snow storage. Sandy Mattson, 16575 Inguado a BeaCl;1., said they have looked at many designs. She is concerned for the suggested d~ign whi2\. would totally cut off the front entrance. There would be no real exit out o~rhe house exce~ for the garage. It would also eliminate many o~ the windows. F those reasons the",\elt building in the back yard would be appropnate. \ MOTION BY WU LNER. SECOND BY STA~ON, TO CONTINUE THE E JUL Y 28, 1997 PLA1'mING ~ETING. MOTION CARRlED\ 5. ~ A. Case #97- Continuation of North wood Oaks Estates Preliminary Plat. Planning Coordinator Jane Kansier presented the staff report reviewing the preliminary plat hearing from the June 9, 1997 meeting. The revised plans addressed some of the questions asked by the Planning Commission. The stafI also reviewed the plans with respect to the conditions listed in the Planning Report dated June 9, 1997. The revisions have addressed some, but not all, of the proposed conditions. Specifically, the revisions did not reduce the length of the cul-de- sac, did not include revisions to the tree preservation or landscaping plans. and did not address the issues outlined in the memorandum from the Assistant City Engineer. The revised plans did change the name of Pond View Lane to Lakeview Circle; however, there is already a Lake~iew Circle in the City. The Prior Lake Police surveyed Northwood Road traffic for three days and gave out one citation for speed and one warning. The average speed was 32.5 mph. The outstanding issue in this preliminary plat is still the disturbance of the slopes on this site. This plat has several locations in which slopes of 20% or greater are disturbed, either for the placement of roads and utilities or the placement of homes. While the MN062397.DOC 5 Subdivision Ordinance does not specifically prohibit the disturbance of these slopes, it does state that, whenever possible, these slopes should not be disturbed. The general grading information submitted by the developer indicated the greatest impact on these slopes occurs in the area of Lots 8, 16 and 19. The house locations on these lots are almost entirely within the areas of20% to 30% slopes. The cul-de-sac for Oakcrest Circle is also within an area with 20% slopes. It may be possible to minimize this disturbance by shortening the cul-de-sac. This would result in a different lot configuration, and might provide alternative house locations on the lots with the steepest slopes. In its recommendation to the Council, the Planning Commission should address the impact of the development on the natural features of the site. Comments from the public: Dan Westergren, Westergren & Associates, explained how they originally tried to extend the cul-de-sac which would lessen the disturbance of the environment. Mr. Westergren went on to discuss the grading and elevations. He feels the custom home designs in this area will fit into the slopes and went on to explain the City acquired the 16 foot easement for sidewalk and utilities. Comments from the Commissioners: Wuellner: . The cul-de-sac is roughly around 550 feet. . Not clear how the developer can bring back the cul-de-sac by 50 feet. Westergren explained the grading. If they extend the cul-de-sac further down the slope it would preserve more of the environment. . Mr. Westergren agreed with staff s recommendation. . Steep slopes and long cul-de-sacs are not what the City needs. Kuykendall: . The cul-de-sac is as much a visual design. Drivers will assume it is a through-street. Whether it is 600 or 500 feet it is confusing. It misleads the motoring public. . Not in favor of cul-de-sacs that long. There are other alternative designs. It is a matter of choice. If the developer cannot get that many lots in, maybe they will have to go with less lots. Follow subdivision standards. . Prefer a re-design of the plan. . Does not favor granting a change in the subdivision standard for a cul-de-sac. Stamson: . Custom grading lots are approved by the engineering department. . Overall, is agreeable with the issues addressed. 6 MN062397.DOC NORTHWOOD OAKS ESTATES City of Prior Lake Project Design Summary IIItllurgrtn & i\lllluctattll, line. - LAND SURVEYORS & ENGINEERS - 8500 210TH STREET WEST LAKEVILLE. MN 55044 PHONE: (612) 469-1899 FAX: (612) 469-1899 Contents PROJECT BACKGROUND............................................................................................................. 3 PROJECT PLANNING................................ ................................................................................... 4 WETI..ANDS ................................ .......................... .......................................................................... 4 TREES ............................................................................................................................................. 4 SLOPES .............................................................................................................................. ............ 5 SLOPE CHART... ............................. .......... ...... .... .... ...... .............................................. ..........................6 NUMBER OF LOTS..................... .............. ...... ................................... ......... ................................... 7 TOWNHOUSES......................... ............. ........................................................................................ 7 DOUBLE FRONTAGE LAYOm ..................................................................................................... 8 STRIP LOTS. ............... .. ..... ... ................ .......... ....... ............... ......... . . . .... . . .. . ... . . . . . . .. . ... ... . . . . . ... . . ...... ... 9 REVENUE FOR'nIE CITY ............................................................................................................. 9 COST FOR 'fIffi PROJECT ............................................................................................................. 9 TThffi IS RIGlIT ............................................................................................................................. 10 OTHER DEVELOPMENTS ....... ........ ..... ............................... ................. ................ ........... ....... ..... 10 NUMBER OF ACCESSES TO NORTHWOOD ROAD ................................................................. 10 CONCLUSION.................. ............... ........... ....... .......... ................................................................ 10 (} n the following dialog we will bring forth a detailed concept planning J review for the proposed development to be platted into single fiunily lots, known as NORTHWOOD OAKS ESTATES. The naming ofthis project in itself sets the tone of development as being a community conscience site interactive with a major feature of the area being "NORTHWOOD" Road. We realized early in the planning stage the importance of natural wooded areas and additional designed landscaped portions to enhance and highlight a very wonderful setting of majestic and historic "OAK" trees. The entire site has been conceived to fit within a location oflake side recreation homes, impressive newer lake view construction and rural residential home sites neighboring a vast regional park land. It was not far into the process of design that we found this project had the potential to capture and complete the role of being the catalyst to bring two different land uses together while still retaining a passive attitude to the existing environmental susceptible site directly to the south and to the northwest. These home sites become more like "ESTATES' for living instead of becoming a lot to just build a house on. PROJECT BACKGROUND The proposals for development of this site have been numerous over the past years. We began this project with the idea ofbeing that "last and best unit" in this parade. Our initial concept sketches were developed during May and June of 1994 with a perspective developer and city staff members. A 68 lot concept sketch available from 1978 was reviewed and found to be very unreasonable due to its proposed lot sizes and frontages as they relate to current city ordinances, requirements and design standards. During this planning stage major items of concern were outlined as follows: - Wetlands - Wooded Areas - Slope Areas - Street Construction OfNorthwood Road - Park - Ingress & Egress of property to west - Environmental Lake Concerns / D .N.R. - Number OfHomesites / Economic Feasibility - Traffic - Land Use Zoning To justify the development concept for the final planning layout is considerable. It has taken into account the answering of many major areas of concern and just as many untangibles that make the progression of agricultural land to prime desirable residential home sites a reality, both in the economical sense and also in the simple fact for the citizens who live within and around the site either to enjoy coming home or receive a positive feedback by just passing by. NORTIiWOOD OAKS ESTATES PAGE 3 PROJECT PLANNING In this project, with its unique shape, we have utilized the cul-de-sac approach for residential development. This concept allows that each cul-de-sac, street, and house pad design elevation relates to and is regulated by only the existing ground contours of the street and cul-de-sac location. We have used the road layout design which effects earth grading, slope preservation, and tree removal the least, while maintaining an economic balance to the project. WETLANDS This project as shown will have no environmental unacceptable impact to existing wetlands. Previous versions had the main wetland area dedicated to the City as park land along with an access trail, during staff meetings, Paul Hokeness, Parks and Recreation Director, indicated no park land was required. stating that the City park comprehensive program did not need this type of natural area type parks in this location and would prefer an all cash dedication. The proposed trail proposed with this park, would have been a multipurpose trail providing maintenance access to the proposed sedimentation pond, local walking route and a potential link to the Spring Lake Regional Park to the west. Designed sedimentation ponds are to be constructed to maintain and protect the adjacent wetlands and are consistent with current plan ./ developments underthe "Wet-Lands Act" with the City and State of Minnesota. TREES This project should be at approximately 25% total tree removal, well below the 50% maximum tree removal without replacement per the City's Tree Preservation Program. As in wooded areas many of the trees within the wooded area are of insignificant size or type. The cul-de-sacs are designed to match the existing terrain to reduce the number of trees that need to be removed. Many of the lots within the wooded area are custom graded lots Note: Blue = Wetland allowing the maximum of the existing trees to remain Green = Trees undisturbed. During preliminary planning, considerable effort was made to locate all trees within proposed areas of construction whether being a defined significant tree, per city ordinances or not, we took the position to view a wooded building site in the eyes ofa perspective home owner, as wooded areas including vegetation, undergrowth, and many species of trees. These areas of wooded building sites are designated as custom graded, which leaves the opportunity through architectural design on an individual lot basis to retain the maximum amount of ground cover and trees. It would be counterproductive to plan a development that requires excessive tree removal where lot NORlliWOOD OAKS ESTA1ES PAGE 4 pricing is directly related to the physical number of trees on the perspective lot. SLOPES This project is designed to minimize the impacts to steep slope areas while still being economically feasible. The geometric layout ofthe cul-de-sacs was designed to confonn with the existing topography to reduce the impact to the existing slopes. All of the lots within the steep slope areas are to be custom graded lots, again to conform with the existing topography and reduce the impact to the steep slope areas. Subdivision ordinance 6-6-6 E states "Whenever possible, slopes of twenty percent (20%) or greater should not be disturbed and should be retained as private or public open spaces." The current layout for this project is in compliance with this ordinance. The amount of steep slope area affected by this development is minimal and is similar to or less than the amount of steep slopes impacted by other projects approved by the City. The Public Works Design Manual has a 4: 1 final design slope maximum within maintained turf areas which is equal to a 25% siope. Zoning ordinance 6.lOH3 has a 3: 1 maximum design slope (33%) in maintained turf areas and a 1 1/2: 1 maximum slope (67%) with slope stabilization measures. The slopes that this project impacts are within these design limits and all final design slopes meet these requirements. In avoidance of the designated steep slope area one cul-de-sac is proposed to be lengthened thus requiring a variance. This variance will allow the narrow street portion of the cul-de-sac to traverse this slope area instead of placing the largest balloon shaped portion of the cul-de-sac directly over the area. No additional lots are realized by this variance thus again supporting the simple fact that the "whenever possible" and "should' concept of the city's slope ordinance have been complied with throughout this proposed development. NO!m{WOOD OAKS ESTATES PAGE 5 SLOPE CHART <:0 67" GRADE SLOPE ST ASILllA TION PER ZONING ORDINANCE 6.1 OH.3 18' 2. , SL OPE: - 6/ '2 ROOF PITCH - SOX GRADE: <:0 ~ '. ' pITCt1 ROOf 4/12 I lu::l 33" GRADE MAINT AINED TURF AREAS PER ZONING ORDINANCE 6.10....3 18' 4 . , . f PITCH 3/12 ROO 18' 25" GRADE <:0 I: lu:l I<l" MAINT AINED TURF AREAS PUBLIC WORKS DESIGN MANUAL <:0 20~ GRADE DEF~ED STEEP SLOPE SUtlLJIVISION O~DINANCE. 6-6-6 E 18' 8X GRADE \0 8 : , Il1 MAXIMUM STREET GRADE - PUBLIC WORKS Dl:.SIC;N MANUAL 18' NOTE OF "'TREST: A FLA T GRADE IS OX WHILE A 45 DEGREE SLOPE IS A 100X GRADE NORTHWOOD UAKS .EsTATES PAGE 6 NUMBER OF LOTS This project originally was designed with 50 lots. Mainly due to minimizing the impact to slope areas this number through previous City staff comments has been reduced to 46 lots. If this project lot count were to be reduced further, the project could become economically unfeasible to construct. All lots exceed the minimum lot size requirement with lot sizes ranging from 12,428 s.f up to 121)09 s.f TOWNHOUSES The City has often recommended a townhouse development for this parcel ofland. This option was reviewed and detennined not to be the best alternative option for this development. The reasons include the funowing: 1 Strong opposition to town homes from the surrounding community. D Conditional use pennit required. m The higher density of a townhouse site would produce a higher traffic volume and have a larger negative impact to the community, already concerned by the existing traffic on Northwood Road, adjacent Township and County Traffic System. IV A townhome site would not eliminate slope and wooded area concerns, and in fact impact these items further. TO WNHOME SITES NORTIIWOOD OAKS ESTATES PAGE 7 DOUBLE FRONTAGE LAYOUT One alternative that was explored was a layout that had one road running parallel with Northwood Road. This option was reviewed as a measure to limit the number of additional accesses needed onto Northwood Road. This option was ruled out because it created a large number of double frontage lots which are less desirable by both the City and potential buyers. Also in order to get enough lots for the project to be feasible, several of the lots would have had to be substandard in size. Thus making this option viable only with a number of variances. This layout had no effect on eliminating the steep sloped and wooded area impacts, and in fact created more of an impact area. LOOP ROAD CONCEPT - '~:~:~:jt. .' .1-:; !t:..;, t;.l'.:;'" '"':i.l1 "'t.tlJf~. ,,~~, ''-'''.' ,- ..d..~~~. !'[-,,~716o':ot ~~." ~~"':'"Q V~.I' ,oif,.f"i :_,;C:/ .' '*-'....i~ "."~.""':;~t?"" ~' -'-'<;',."~'" "':J~ :~~ ......,'7 "~-~,.....~ NOR1HWOOD OAKS ESTATES PAGE 8 STRIP LOTS One alternative that was designed by the City staff called for strip lots each with an access to Northwood Road and one cul-de-sac on the north end of the project. This layout would have added 23 new accesses with only one of them being a controlled road access. This layout also had steep slope and wooded area impacts on the entire north end. The lots extended to the west and north plat boundaries which would have allowed the builders to place houses back in the wooded and steep slope areas which would increase the potential impacts to these areas. This layout had only 30 lots which would be economically unfeasible. REVENUE FOR THE CITY With the development the City would collect nearly $600,000 in fees including $324,000 of past assessments. The houses that are envisioned for this development are all well above the $200,000 level, taxes generated by the homes versus the cost of services will relate to future revenue to the City. COST FOR THE PROJECT With an estimated total cost of$2,500,000, forty six (46) lots is the minimum number oflots that could be developed to be economically feasible. This translates into an average lot price of more than $54,000. This is a realistic price for lots of this quality. Any lot pricing above this amount would result in a longer lot turnover time costing the developer thousands of dollars in interest. This additional risk would make the development unfeasible when analyzed using costJbenefit and risk management assessments. NORTIiWOOD OAKS EsTATES PAGE 9 TIME IS RIGHT If this parcel ofland is not developed now, it is very possible that this type of quality single family home will never be built With up-scaling land pricing dictating the requirement for greater lot density and the ever- increasingly restrictive ordinances that are being adopted by the City could effectively make this land ever increasing more difficult to develop, thus placing greater necessity to use the steep slope wooded areas for increased lot coverage. OTHER DEVELOPMENTS The City has recently approved other developments with similar slope and wooded area impacts. Included in this list are: "TI-IE WILDS," "CARDINAL RIDGE 5TH ADDITION," "WlLDERNESS PONDS 2ND ADDITION." and others. While this parcel ofland is quite unique in its layout and topographic features, the impacts for the project are no greater than those for other projects approved by the City. We concur that the City Staff, Planning Commission, City Council, and Mayor has reviewed each development on an individual basis and have worked through each of their special concerns as they relate from area to area. We have followed these same guidelines and have made numerous revisions to address each concern by City Staffand the Planning Commission NUMBER OF ACCESSES TO NORTHWOOD ROAD This layout minimizes the amount of accesses to Northwood Road while maintaining it's economic feasibility. Currently there are two deeded accesses to NOI1hwood Road within the boundaries of this project There is one access on the south end which is not currently being utilized. The other access is located in the middle of the project and is a private road serving the lots located to the west of this project This design adds six more accesses for a total of eight accesses, six of which are controlled road accesses. Due to the unique shape of this parcel, the number of accesses could not be reduced further One layout that was developed by the City added 23 new accesses to NOI1hwood Road of which 22 would have been uncontrolled driveways. This number of additional accesses added to the existing 28 current driveways and 3 not yet utilized curb cuts located on the east side of North wood Road, would have multiplied three-fold the concern of traffic on Northwood Road. CONCLUSION Through extensive planning effort. City Staff critiques, and Planning Commission comments. the proposed layout for this project was determined to be the best alternative for this site development. While there are some steep slope and wooded area impacts due to the unique qualities of this parcel ofland, these impacts have been minimized to the greatest extent possible while maintaining the project's economical feasibility. The impacts that remain are less than or similar to other projects that have been approved by the City in recent years The number of accesses have been dramatically reduced from a proposed 25 accesses down to eight, six of which are controlled road accesses. City Planning and Engineering staffs have reviewed this project and concur that this layout is the best alternative and have indicated no other feasible methods to minimize the impacts further. NUKllIWOUD OAKS ESTATES P AGE 10 II tl.