Item Coversheet

6.C.


Shakopee Planning Commission Meeting
February 4, 2021


FROM: Kyle Sobota, Senior Planner 
TO:Planning Commission
Subject:
PUBLIC HEARING: Rezoning of property to R1B Urban Residential Zone, Preliminary Plat of Whispering Waters and Vacation of Drainage and Utility Easements.
Policy/Action Requested:

Recommend City Council approval of the three following actions:  

 

  • Adopt the ordinance rezoning the properties from Agricultural Preservation (AG) and Rural Residential (RR)  to Urban Residential (R1B)
  • Approve the resolution for the vacation of drainage and utility easements.
  • Approve the resolution for the preliminary plat of Whispering Waters
Recommendation:
Recommend City Council approval of the three separate actions as presented.
Discussion:

Site Information:

Address: 7556 Eagle Creek Blvd

Property Owner: Steven and Kathleen Muhlenhardt Trust and Bradley Gonyea

Lot Area: 59.60 acres

Current Zoning: (AG) Agricultural Preservation and (RR) Rural Residential

Proposed Zoning: R1B (Urban Residential) 

2040 Comprehensive Plan: Suburban Residential (3-6 units / acre)

 

KeyLand Development has applied for the rezoning of property, an easement vacation and a preliminary plat application to develop the site at 7556 Eagle Creek Blvd and 2163 Pike Lake Road into 134 single-family residential lots (see attached applicant narrative).  

 

Rezoning Discussion:

The site involves seven parcels that are currently zoned Agricultural Preservation and Rural Residential (see attached zoning map). All of the parcels are guided for suburban residential development, which guides this area for single-family houses in the density range of 3-6 units per acre. The proposed density of this development is 3.08 units / acre, which is similar to the density of the nearby plats of Riverside Bluffs, Ridge Creek and Ridgeview Estates and just above the minimum density required by the Comprehensive Plan (3.0 units/ acre). The proposed rezoning request complies with the comprehensive plan, so staff is recommending approval of the  rezoning request.

 

Vacation Discussion:

The applicant is proposing to vacate certain easements that are perimeter easements on existing lots, an easement that was intended for a future watermain, and an easement over the Prior Lake Outlet Channel (PLOC).

 

The existing perimeter drainage and utility easements on platted lots do not have utilities located in them and also conflict with the design of the plat, so these easement corridors are deemed unnecessary.

 

A second easement is a 30' wide easement dedicated in the Meadowbrook Run plat that runs east-west through existing platted lots. Meadowbrook Run was platted in 1988 and at that time it was anticipated that future utility services to serve Meadowbrook Run and parcels east of Meadowbrook Run would come from the west. The utilities to serve this area will be coming from the north across Eagle Creek Blvd, so this easement is no longer necessary.

 

Another portion of the request is to vacate an easement over the PLOC. The applicant submitted this request because they intend to dedicate easements over the channel area as part of their plat and not have overlapping easements that may cause future confusion. Public Works / Engineering does not recommend approval of this easement because the City of Shakopee is not the sole easement holder for this particular easement. The denial of this portion of the vacation request does not impact the applicant's proposed subdivision, as the easement is over the channel area and additional easements in area of the channel will be dedicated as part of the proposed plat.

 

Preliminary Plat Discussion:

The applicant is proposing a preliminary plat to subdivide 59.60 acres into 134 single-family lots. The proposed plat has areas within the Shoreland Overlay Zone, which encompasses areas within 300' of the High Water Line (HWL) of the PLOC. The following are design standards for the 54 lots in the Shoreland Overlay Zone:

  • Minimum lot width of 75'
  • 50' structure setback to the HWL of the channel
  • Maximum impervious surface percentage of 25%

 

The applicant applied for a variance to minimum lot width and maximum impervious surface percentage for two of the 54 lots because a small portion of two proposed lots falls within the Shoreland Overlay. Variance requests are heard by the Board of Adjustment and Appeals. The applicant's subdivision is just above the minimum required density of 3 units / acre because of the larger lot requirements of the Shoreland Overlay Zone.

 

The standard lot size for lots outside the shoreland overlay in the subdivision is 65' x 125' and 65' x 130', which comply with the minimum standards of the R1B zone (60' x 100').

 

Access: The applicant is proposing street connections utilizing three existing streets adjacent to the site; 22nd Avenue, 20th Avenue and Pike Lake Road. The Scott County Highway Department will not permit an additional access to Eagle Creek Boulevard in this area due to access spacing restrictions. The applicant retained a Licensed Traffic Engineer to perform a Traffic Impact Study (attached) that studied the intersections in the area to determine existing traffic volumes and to determine anticipated future Level of Service (LOS) if the subdivision were approved and construction completed by year 2024. The study contemplates increased traffic volumes after the COVID pandemic subsides based on established trip generation estimates for single-family dwellings and Eagle Creek Elementary School. The Traffic Impact Study predicts that all of the surrounding intersections will not decrease from their current LOS A (Minimal control delay, traffic operates at primarily free-flow conditions, unimpeded movement within traffic stream with typical wait times of less than 10 seconds per vehicle) to below LOS A after construction is completed.  The traffic study

 

Subdivision Design:

The applicant is not proposing any cul-de-sacs in the subdivision, which staff views as a positive design. A temporary driveway is proposed in the northwestern part of the site instead of a temporary cul-de-sac. If, or when the rural residential property to the west is subdivided, the temporary drive would be removed and both streets extended into the property to the west. Boulevard trees are proposed along all internal streets and the applicant is proposing a sidewalk on one side of each street in the subdivision, as required by City Code. The applicant is proposing to dedicate 13.78 acres of ponding area and open space adjacent to the PLOC in outlots A, B and C. Staff is recommending that proposed outlots D and E be incorporated into the adjacent lots.  

 

Amenities:

In addition to the proposed sidewalks, the applicant intends to construct a trail along Eagle Creek Blvd and a trail along the PLOC. The trail is intended to be used for both maintenance and recreational purposes. Due to space constraints and the severe turn of the channel to cross Eagle Creek Blvd, a portion of the alignment of the trail along Eagle Creek Blvd extends through the site. City staff are recommending that the proposed alignment of the trail in the northeast part of the site be adjusted to a more direct route back to Eagle Creek Blvd. It is intended that trail users would cross Eagle Creek Blvd at Foothill Trail to access the existing trail along the PLOC, or to Ridge Creek Park and other destinations. Staff is pleased with the connectivity of the sidewalks and trails in the proposed subdivision.

 

House design:

The applicant is proposing to have two additional builders besides KeyLand Homes in this subdivision, OneTenTen Homes and Brandl Anderson Homes. Sample elevations / floor plans of possible home plans are attached in the applicant's narrative. The applicant has been provided with a copy of the design requirements in City Code for single-family houses in Shakopee. It appears that almost all of the proposed designs meet the design requirements for garage protrusion and window coverage.

 

Stormwater:

The PLOC has strict limits for discharge rate of stormwater from developments of 0.1 Cubic Feet Per Second / Acre, so the amount of stormwater added to the PLOC is very minimal and is not anticipated to have negative impacts downstream. The applicant is proposing to construct five stormwater / infiltration basins in the development to mitigate stormwater (see attached grading plan).

 

Woodland Management Discussion:

The subject properties are currently mainly used for agricultural purposes, but has existing wooded areas west of the stub of 22nd Avenue, northwest of the existing farmstead and south of the PLOC in the center of the site. Staff is working with the applicant to try to save additional trees in this area because of the proximity to an existing residence on Foothill Trail.

 

The applicant has performed a tree inventory and a large percentage of the trees on the site are Boxelder trees rated in fair condition. The applicant is proposing to remove many of the trees outside of the PLOC area and replace the trees within subdivision using boulevard trees, trees on the individual lots and along the trails / Eagle Creek Blvd (see attached plan). The applicant is required to plant 633 trees on the site as replacement trees, boulevard trees and required landscaping. Staff is working with the applicant's landscape architect to fit additional trees on the site, currently 484 trees are shown on the latest landscape plan. If trees are not able to fit on the site, the applicant would be required to make a contribution to the City Tree Fund, for trees to be planted in parks and boulevards.   

 

An adjacent resident provided staff an email on January 29th (attached) outlining several concerns about the development regarding traffic, drainage, removal of the dead end street stub of 20th Avenue that is east of Foothill Trail, density and noise. The Engineering Department is reviewing the concerns regarding drainage from the Dakota Highlands and the street stub. The proposed density of the subdivision is 0.08 units / acre above the required minimum for the Suburban Residential classification and Met Council required density for subdivisions in Shakopee. During construction, the applicant would be required to comply with City Code standards on working hours and equipment noise. For construction equipment access, the Scott County Highway Department will not permit access of equipment from field accesses because of the lack of turn lanes for safety purposes. The applicant will be required to comply with strict discharge rates to the PLOC and manage stormwater on their site in compliance with state regulations.

 

 

ATTACHMENTS:
Description
Location Map
Applicant Narrative
Current Zoning Map
Existing Conditions
Preliminary Plat Drawing
Landscape Plan
Grading Plan
Easement Vacation Exhibit
Tree Inventory
Traffic Study
Resident E-mail
Engineering Comments (Easement Vacation)
Engineering Comments (Pre. Plat)
Scott County Highway Comments
Draft Rezoning Ordinance
Draft Vacation Resolution
Draft Preliminary Plat Resolution