HomeMy WebLinkAbout14.C. Preliminary Plat for Eagle Creek Ponds-Res. No. 5912
I'/.e.
CITY OF SHAKOPEE
Memorandum
TO: Mayor and City Council
Mark McNeill, City Administrator
FROM: R. Michael Leek, Community Development Director
SUBJECT: Request of Noecker Development, LLC for approval of a
preliminary plat of a residential development identified as EAGLE
CREEK PONDS
MEETING DATE: July 15, 2003
REVIEW PERIOD: Extended by written assent of the applicant to July 31,2003
CASELOG NO.: 03-029
INTRODUCTION:
Noecker seeks preliminary plat approval of a plat, which as revised, would create a 39.8-
acre Outlot north of the Prior Lake outlet channel, which is proposed to be relocated from its
current location, and the creation of 71 single-family lots on the southern portion ofthe
subject property. A copy of the report that went to the Planning Commission is attached for
the Council's information.
DISCUSSION:
The report to the Planning Commission identified 3 major issues associated with the request;
1) approval ofthe proposed change in the Prior Lake outlet channel, 2) roadway access to
the site, and 3) easements for the extension of water lines to the site. Following is an update
on those issues.
Since review by the Planning Commission the proposed realignment was discussed at the
Prior Lake-Spring Lake Watershed board meeting on May 13, 2003. The Board has not
approved the change, but did indicate its interest in the proposal and directed its staff to
continue discussions/negotiations with the applicant.
The applicant's engineer, Chuck Plowe, has been in touch with the Assistant City Engineer
to get further information related to the City's requirements for a second access in
connection with the future extension of Pike Lake trail. However, at this time no additional
plans for this access have been submitted to the City. Attached for the Council's
information is a copy of a letter sent to the applicant by Scott County Transportation Planner
Craig Jenson.
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At this date, staffhas not received further confirmation ofthe applicant's ability to secure
easements for the extension of water
Because these items are not yet resolved, because June 3rd is the deadline for action,
consistent with the Planning Commission recommendation, staffhas attached a draft
resolution of denial for the Council's information.
,
ALTERNATIVES:
1. Approve Resolution No. 5912, a resolution denying the preliminary plat of Eagle
Creek Ponds.
2. Approve Resolution No. 5912 with revised findings.
3. Approve the requested preliminary plat, and direct staff to prepare a resolution
consistent with that action, and secure approval of an extension of the review period
from the applicant in order to prepare the resolution for Council action.
PLANNING COMMISSION:
At its April 1 ih meeting the Commission recommended denial of the preliminary plat
based on the findings presented in the staff report.
ACTION REQUESTED:
Offer Resolution No 5912, as presented or with revisions, and move its adoption.
~ d~~/~~
R. Michael Leek
Community Development Director
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RESOLUTION NO. 5912
A RESOLUTION OF THE CITY OF SHAKOPEE, MINNESOTA DENYING THE
PRELIMINARY PLAT OF EAGLE CREEK PONDS
WHEREAS, Noecker Development L.L.C. has made application for preliminary
plat approval of Eagle Creek Ponds on property located at 7301 Eagle Creek Boulevard; and
WHEREAS, the Shakopee Planning Commission conducted a public hearing on the
preliminary plat on April 17, 2003; and
WHEREAS, all required public notices regarding the public hearing were posted
and sent; and
WHEREAS, the Shakopee Planning Commission has recommended denial of the
requested preliminary plat based on the findings below; and
WHEREAS, the City Council reviewed the preliminary plat request at its meeting
of June 3, 2003.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF SHAKOPEE, MINNESOTA, that it adopts the following findings offact
relative to the requested preliminary plat approval:
Finding A: The proposed street layout does not reflect good planning and
development for the City in the following regards;
. The proposed plat provides only one access into and out of the
site, and does not take account of future limitations that may be
placed on that access with future improvement and expansion of
CSAH 16. The proposed access will not serve prospective
residents well, either from the perspective of their access, public
safety access, or buffering of lots along CSAH 16 from the noise
of future increased traffic.
. Because the preliminary plat as revised does not show the future
development pattern for the northern part of the site, the City
Council is unable to evaluate that portion of the site.
Finding B: The proposed plat is subject to the requirements of the Woodland
Management Ordinance. The applicant has submitted a tree
inventory, but it is not clear that the applicant has a plan in place that
meets the requirements of that ordinance for tree
replacement/woodland management.
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Finding C: The proposed plat (as revised) does not facilitate the use and future
development of adjoining lands. Specifically, it does not propose an
immediate roadway connection to these lands, and chooses to leave
the construction of the extension of Pike Lake Trail (which is critical
to access for both this and adjoining properties) to the City at some
future date.
Finding D: In order to serve the subject site with properly looped water and
sanitary sewer service these services will have to cross properties
owned by others. The applicant has not demonstrated that these can
and will be obtained. If he is unable to obtain easements for those
purposes, the subdivision cannot be economically served with those
utilities.
As proposed by the applicant, the subdivision has only one access,
that being from CSAH 16/Eagle Creek Boulevard. While it is
presently allowable as a full intersection, the expansion of CSAH 16
to a 4-lane facility in the future will limit the proposed access to a
right-in/right-out condition. The applicant depends on the
construction of Pike Lake Trail by the City and the development of
the adjacent properties to gain a second access. In the short term, at
least, the proposed access does not provide good or economical
access for public safety services (police and fire).
Finding E: The information submitted to date by the applicant does not
demonstrate that the requirements of the City's Shoreland Ordinance
are met for those lots that are within the Shoreland Overlay Zone for
the Prior Lake Outlet Channel. The applicant has failed to submit all
of the information for plat approval required under City Code Sec.
12.21, Submittal Requirements for Preliminary Plats.
Finding F: As submitted, the land use represented by the proposed plat of the
southern portion of the subject site is consistent with the City's
adopted 1999 Comprehensive Plan.
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BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
SHAKOPEE, MINNESOTA, that Noecker L.L.C.'s request for preliminary plat approval
of Eagle Creek Ponds is hereby denied:
Adopted in session of the City Council of the City of Shakopee, Minnesota,
held this _ day of , 2003.
Mayor of the City of Shakopee
ATTEST:
City Clerk
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.fPlp
CITY OF SHAKOPEE
Memorandum
TO: Shakopee Plalming Commission
FROM: R. Michael Leek, Community Development Director
SUBJECT: Request of Noecker Development, LLC for approval of a preliminary plat
of a residential development identified as EAGLE CREEK PONDS
MEETING DATE: April 17, 2003
REVIEW PERIOD: October 17 - February 14, 2002
CASELOG NO.: 03-029
Site Information:
Applicant: Noecker Development LLC (Noecker)
Property Owner: Terrance Hanson (Eagle Creek Stables)
Location: North of CSAH 16, south of Southbridge residential development
Adjacent Zoning: North: County Road 21Right-of-Way
South: County Road 16/ Rural Residential (RR)
East: Agricultural Preservation (AG)/Light Industrial (11)
West: Agricultural Preservation (AG)/Light Indushial (11)
MUSA: The site is within the MUSA boundary
INTRODUCTION:
Noecker seeks preliminary plat approval of a plat, which as revised, would create a 39.8-acre Outlot
north of the Prior Lake outlet channel, which is proposed to be relocated from its current location,
and the creation of71 single-family lots on the southern portion ofthe subject property.
DISCUSSION:
APPLICATION INFORMATION:
This application was originally submitted on January 30,2003. At the time of the original
submittal, the Environmental and Park Plan Review Form were not completed. This was later
submitted on April 4th, but as the report discusses later the EAC still has concerns about the
infonnation completed.
As originally submitted, the preliminary plat would have created townhouse lots north ofthe
drainage channel. With the denial ofthe applicant's request to re-guide the property to allow this
use, the applicant had to revise the plat to reflect that reality. A revised plat drawing was submitted
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on Tuesday April 8th; revised grading, drainage, and utility plans had not been received by the time
this report was prepared on Friday, April 11 th. Storm water calculations, which have been
requested since the original submission, have also not been received.
City staff has met several times over the past several months (both informally and as a development
review committed) to discuss this plat, and has made several suggestions for changes.
Unfortunately, none ofthese have been incorporated into the revised plat. As the Commission can
see from the attached correspondence from the Noecker, the applicant is driven by the legal
circumstances surrounding his purchase of the subject property. Also attached for the
Commission's information is correspondence to the applicant regarding the application.
PARK DEDICATION:
The applicant proposes the dedication ofland as a part ofthis plat. Staff does not have a
recommendation to report from the Park and Recreation Advisory Board on the adequacy ofthe
proposed dedication.
COMMENTS RECEIVED:
Written comment has been received from the following departments, agencies, or other entities;
. Shakopee engineering staff;
. Mark McQuillan, Natural Resources Director, reporting on the Environmental Advisory
Commission (EAC) review ofthe proposed plat as revised;
. Shakopee Public Utilities Commission (SPUC);
. Scott County Environmental Health;
. Prior Lake -Sp11ng Lake Watershed District;
. Centerpoint Energy.
Copies ofthese comments are attached for the Commission's information, and are discussed below.
Engineering Comments:
In summary, Assistant City Engineer Scott Smith has recommended denial of the request for
preliminary plat approval on the basis of the following (and other) comments;
. Despite repeated requests, storm water calculations have still not been submitted. These are
critical to completing review of the proposed drainage, and could materially affect the
proposed plans.
. The applicant has not received approval ofthe proposed relocation of the Prior Lake outlet
channel from the Prior Lake -Spring Lake Watershed District. The applicant also needs
approval from the Lower Minnesota Watershed District, whose jurisdiction the property
otherwise lies in.
. The proposed plat as revised is not responsive to comments previously shared with the
applicant on the issues of street access and alignment. There is no evidence of
arrangements for a temporary or permanent second access to the proposed plat.
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. The revised plat was only submitted on Tuesday, April 8th. At the time this report was
prepared, the related changes to grading, drainage, and utility plans were not submitted, and
so have not been available for review.
EAC Review:
. The Environmental and Park Plan Review Form were not completed at the time the original
application was submitted, and was only submitted on April 4th. The EAC felt the
submitted information was in some cases insufficient or incomplete. A copy ofthe form is
attached for the Commission's information.
. The EAC felt that the applicant should have a reasonable time to prepare a tree replacement
plan.
SPUC:
SPUC's comments note trunk water mains would be required along both the extension of Pike Lake
Trail and CSAH 16. The applicant has not submitted evidence at this time that the easements
needed for the extension of water services will be in place to serve the proposed plat.
Scott County Environmental Health:
Comment was made that an environmental review might first be required. City staff does not
believe that the proposed development meets the requirements for a mandatory EA W. The City
does, of course, have the authority to order a discretionary EA W if it deems it necessary. Staff has
not proposed a discretionary EA W at this time.
Prior Lake -Spring Lake Watershed District (the District):
The District has not approved the proposed changes to the Prior Lake outlet channel, and believes
those need to be agreed to before the preliminary plat is approved. The District's later letter
reiterates the need to obtain approvals from the Lower Minnesota Watershed District as well.
FINDINGS:
City Code Chapter 12, Subdivision Regulations, at Sec. 12.08, Subd. 3.B. sets forth the factors that
the Planning Commission is to take into account in making a decision on its recommendation
regarding approval or denial of a preliminary plat. These factors are set forth below, along with
proposed draft findings related to those factors.
a. Whether the layout of streets, lots, utilities, and public improvements and their relation to
the topography of the land, reflect good planning and development for the City;
Finding A: The proposed street layout does not reflect good planning and development
for the City in the following regards;
. The proposed plat provides only one access into and out of the site, and
does not take account of future limitations that may be placed on that
access with future improvement and expansion of CSAH 16. T7le
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proposed access will not serve prospective residents well, either from
the perspective of their access, public safety access, or buffering of lots
along CSAH 16 from the noise of future increased traffic.
. Because the preliminary plat as revised does not show the future
development pattern for the northern part of the site, the Commission is
unable to evaluate that portion of the site.
b. Whether the subdivision preserves the site's important existing natural features;
Finding B: The proposed plat would result in the draining/filling of existing wetlands
on the site. The proposed mitigation plan suggests that drainage ponding be
counted as mitigation for that activity. That is not acceptable mitigation
under the Wetland Conservation Act.
With the passage of the Woodland Management Ordinance, it is planning
staff's understanding that the proposed plat is subject to the requirements of
that ordinance. The applicant has submitted a tree inventory, but it is not
clear that the applicant has a plan in place that meets the requirements of
that new ordinance for tree replacement/woodland management.
c. Whether the proposed plat will facilitate the use and future development of the adjoining
lands;
Finding C: The proposed plat (as revised) does not facilitate the use and future
development of adjoining lands. Specifically, it does not propose and
immediate roadway connection to these lands, and chooses to leave the
construction of the extension of Pike Lake Trail (which is critical to access
for both this and adjoining properties) to the City at some future date.
d. Whether the subdivision can be economically served with streets, public services, and
utilities;
Finding D: In order to serve the subject site with properly looped water and sanitary
sewer service these services will have to cross properties owned by others.
The applicant has not demonstrated that these can and will be obtained. If
he is unable to obtain easements for those purposes, the subdivision cannot
be economically served with those utilities.
As proposed by the applicant, the subdivision has only one access, that
being from CSAH 16/Eagle Creek Boulevard. While it is presently
allowable as a full intersection, the expansion of CSAH 16 to a 4-lane
facility in the future will limit the proposed access to a right-in/right-out
condition. The applicant depends on the construction of Pike Lake Trail by
the City and the development of the adjacent properties to gain a second
access. In the short term, at least, the proposed access does not provide
good or economical access for public safety services (police and fire).
G: \BOAA - PC\2003 \04-17\PPEAGLECREEKPONDSNOiCKER.doc -4-
e. Whether all applicable provisions of the City Code are met; and
Finding E: The information submitted to date by the applicant does not demonstrate
that the requirements of the City's Shoreland Ordinance are met for those
lots that are within the Shoreland Overlay Zone for the Prior Lake Outlet
Channel. The applicant has failed to submit all of the information for plat
approval required under City Code Sec. 12.21, Submittal Requirements for
Preliminary Plats.
f. Whether the subdivision is in conformance with any official map of the City and the
Comprehensive Plan.
Finding F: As submitted, the land use represented by the proposed plat of the southern
portion of the subject site is consistent with the City '8 adopted 1999
Comprehensive Plan.
ALTERNATIVES:
1. Recommend to the City Council the approval of the preliminary plat of EAGLE CREEK
PONDS as revised with conditions as outlined by the Planning Commission at its meeting.
2. Recommend denial of the preliminary plat of EAGLE CREEK PONDS for the reasons set
forth in the staff recommendation below.
3. Continue the public hearing, ifthe applicant is willing to provide the City with an extension
to the review period, to allow the applicant to;
a) provide the additional infol111ation that is needed to make a detennination (e.g.storm
water calculations, additional information required by the EAC),
b) obtain approval of both the Lower Minnesota River Watershed District and the Prior
Lake Watershed District of the proposed drainage plan and drainage calculations for the
plat,
c) to provide evidence of the applicant's ability to secure easements for the extension of
utilities to the subject property from lands that are not under the applicant's control, and
d) revise the plat so that adequate access is available to the plat at the time of development
of the site and lots,
e) prepare a tree replacement plan, and obtain approval of same as required under the
Woodland Management Ordinance.
4. Close the public hearing, but table the matter to allow the applicant to;
a. provide the additional information that is needed to make a determination (e.g. storm
water calculations, additional information required by the EAC),
b. obtain approval of both the Lower Minnesota River Watershed District and the Prior
Lake Watershed District of the proposed drainage plan and drainage calculations for the
plat,
c. to provide evidence of the applicant's ability to secure easements for the extension of
utilities to the subject property from lands that are not under the applicant's control, and
d. revise the plat so that adequate access is available to the plat at the time of development
of the site and lots.
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e. prepare a tree replacement plan, and obtain approval of same as required under the
Woodland Management Ordinance.
ST AFF RECOMMENDATION:
Staff recommends denial for the reasons stated above and below as draft findings.
ACTION REQUESTED:
Offer and approve a motion recommending denial of the requested preliminary plat of EAGLE
CREEK PONDS based on the following findings.
Finding A: The proposed street layout does not reflect good planning and development
for the City in the following regards;
. The proposed plat provides only one access into and out of the site, and
does not take account of future liTnitations that may be placed on that
access with future improvement and expansion of CSAH 16. The
proposed access will not serve prospective residents well, either from
the perspective of their access, public safety access, or buffering of lots
along CSAH 16 from the noise of future increased traffic.
. Because the preliminary plat as revised does not show the future
development pattern for the northern part of the site, the Commission is
unable to evaluate that portion of the site.
Finding B: The proposed plat would result in the draininglfilling of existing wetlands
on the site. The proposed mitigation plan suggests that drainage ponding be
counted as mitigation for that activity. That is not acceptable mitigation
under the Wetland Conservation Act.
With the passage of the Woodland Management Ordinance, it is planning
staff's understanding that the proposed plat is subject to the requirements of
that ordinance. The applicant has submitted a tree inventory, but it is not
clear that the applicant has a plan in place that meets the requirements of
that new ordinance for tree replacement/woodland management.
Finding C: The proposed plat (as revised) does not facilitate the use and future
development of adjoining lands. Specifically, it does not propose and
immediate roadway connection to these lands, and chooses to leave the
construction of the extension of Pike Lake Trail (which is critical to access
for both this and adjoining properties) to the City at some future date.
Finding D: In order to serve the subject site with properly looped water and sanitary
sewer service these services will have to cross properties owned by others.
The applicant has not demonstrated that these can and will be obtained. If
he is unable to obtain easements for those purposes, the subdivision cannot
be economically served with those utilities.
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As proposed by the applicant, the subdivision has only one access, that
being from CSAH 16/Eagle Creek Boulevard. While it is presently
allowable as a full intersection, the expansion of CSAH 16 to a 4-lane
facility in the future will limit the proposed access to a right-in/right-out
condition. The applicant depends on the construction of Pike Lake Trail by
the City and the development of the adjacent properties to gain a second
access. In the short term, at least, the proposed access does not provide
good or economical access for public safety services (police and fire).
Finding E: The information submitted to date by the applicant does not demonstrate
that the requirements of the City's Shoreland Ordinance are met for those
lots that are within the Shore land Overlay Zone for the Prior Lake Outlet
Channel. The applicant has failed to submit all of the information for plat
approval required under City Code Sec. 12.21, Submittal Requirements for
Preliminary Plats.
Finding F: As submitted, the land use represented by the proposed plat of the southern
portion of the subject site is consistent with the City's adopted 1999
Comprehensive Plan.
4~
R. Michael Leek
Community Development Director
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SHAKOPEE . .
, .
February 20, 2003
Mr. Randall Noecker,. President . . ....
." ,', ....,t...
Noecker Development L,L.C. . . .
8315 Pleasant View DrIve .'
Mounds View, Minnesota 55112
RE: Your application for preliminary plat approval dated January 30,2003
Dear Mr. Noecker:
This letter is to confirm that the above-referenced application was delivered to tJ:1e City's
planning office. Because your plat is dependent on City Council action mi the request to
amend the City's land use plan to re-guide a portion of the property for medium-density
residential is pending (which will be taken up by the City Council at its meeting of March
4, 2003), a public hearing on the preliminary plat has not yet been scheduled. We will
apprise you of any further scheduling once Council has taken action on the land use
request. To the extent th~t statutory limitations on review time may apply at this time,
., the deadline for revi'ew.bfthe application would be extended to 120 days from the date of
, '
the application.
There are a number of items related to your submission that may require further
information and discussion as substantive review of the submission takes place.
filYY~urs, .1 /
). 7UUc:t~~:~~
R. Michael Leek
Community Development Director
;/CC. Noecker File
DD. Julie Klima, Planner II
EE. 2003, Corre~pondence File
COMMUNITY PRIDE SINCE 1857
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~
SHAKOPEE
March 19, 2003
Randy Noecker
Noecker Development
8315 Pleasant View Drive
Mounds View, MN 55112
RE: Preliminary Plat Application
Dear Mr. Noecker:
As stated in the February 20,2003, letter sent to you, the City has received your
application for the preliminary plat of Eagle Creek Ponds and has deemed it to be
complete. The public hearing before the Planning Commission for this application has
been scheduled for April 17, 2003.
At your request, in conversations with stafftoday, the original application materials will
be used for the review process. Staff will be recommending that, at some point through
the review process, the plans be redrawn to identify the llolihem portion ofthe site (that
which was not rezoned to Urban Residential, R-IB) as an outlot.
Prior to the April 17 Planning Commission meeting, you will receive a copy of the staff
report and the agenda for that evening.
If you have any questions or concems, please feel free to contact me at 952-233-3800.
Sincerely,
. ~d;h.~
R. MICh el Leek::.:/-'./ .,c'''_~''':'- "
Community Development Director
CC: 2003 Correspondence File
Caselog File O~Od.q
COMMU0."In' PRIDE SI1"\CE 1857
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SHAKOPEE
April 2, 2003
Randy Noecker
Noecker Development
8315 Pleasant View Drive
Mounds View, MN 55112
RE: Eagle Creek Ponds Preliminary Plat
Dear Mr. Noecker:
In anticipation of the scheduled Aprill7, 2003, public hearing and review by the Plal1l1ing
Commission of the preliminary plat, staff has several issues it wishes to comment on.
1. The preliminary plat includes area that has not been rezoned for residential
development.
2. Drainage and roadway issues that have been identified and shared with you in
development review meetings have not been addressed.
3. The Park and Recreation Advisory Board (PRAE) and Environmental Advisory
Committee (EAC) need to review and provide comment on the proposed plan. Mark
McQuillan, Natural Resources Director is working to schedule the plat on their
respective agendas. The application submitted did not include the infonuation
required by the EAC and PRAB for their review.
4. The preliminary plat will be required to meet the recently adopted woodland
management ordinance. Mr. McQuillan can provide additional infonnation regarding
this ordinance.
5. The Shoreland Overlay Zone impacts this development. Revisions to the plat will be
necessary to comply with the shoreland requirements. Please find enclosed a copy of
this portion ofthe zoning ordinance for your review and use.
The review period for your preliminary plat application expires on May 30, 2003. At the
April 17, 2003, Planning Commission meeting, staff will be recommending that the pub lie
hearing be continued to provide you an opportunity to address these issues and that you grant
the city an extension to the review period to allow adequate time to review the necessary
revisions. If you are unwilling to extend the review period, staff will be recommending that
the Planning Commission recommend denial of the preliminary plat to the City Council.
If you have any questions, please feel free to contact staff at 952-233-3800.
~~
Julie Klima
PlaMer II
COMMUNITY PRIDE SINCE 1857
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Noecker Development, LLC
8315 Pleasant View Drive
Mounds View, Minn. 55112
January 30, 2003
R. Michael Leek
Community Development Director
City of Shakopee
129 Holmes Street South
Shakopee,~nn. 55379-1351
RE: Eagle Creek Ponds
Reguiding and Rezoning Application
Dear Michael,
The council members have voiced some legitimate concems about Eagle Creek Ponds. Let me suggest that this
development could be built by controlling the number of homes to be built each year. My preliminary plat application and
materials are attached. A letter detailing more about my situation will follow ill a few days. I hope to have the opporhmity to
share my ideas \:vith the council members at a workshop before this goes to a vote.
Sincerely,
-Y' ~2L /'
~~f1/;. , /' ~ ~~?,~
Randall R. Noecker, president
Noecker Development, LLC
8315 Pleasant View Drive
Mounds View, Minn. 55112
Cell 612-741-2662
Office 763-786-6387
.!.
Noecker Development~ LLC
8315 Pleasant View Drive
Mounds View, Minn. 55H2
January 31, 2003
R. Michael Leek m-
Community Development Director D [f (f;; ff 111ij~
- ., " , I "W'
City of Shakopee : '.' 1... !.:::. J
129 Holmes Street South ~Fi-Or<)-, 'f
Shakopee, Minn. 55379-1351 . ~.~:' ,,) r.} ~~:LG3 '
:Sy ~
RE: Eagle Creek Ponds ....:-~
-..---
Reguiding and Rezoning Application
Dear Michael,
This letter is written to describe my situation, as it relates to the Eagle Creek Ponds development. If you would, please
cive a copy of this letter to the mayor and each coul1cilmember. Also, it is my plan to personally meet ,vith the council members
~l1e on oue, to ex-p1ain my situation briefly, about the lawsuit and share the logic for my plat request.
Several items within this project effect the overall plan. Key issues are about tinung, quality materials, type and style of
homes and building pad elevations. The county highway 21 timing issue is certainty significant. However, Pike Lake Trail, is
built as a part of the project and is a 4 lane collector and none of the engineers involved in discussions have indicated that Pike
Lake Trail is inadequate to handle the traffic from the development.
High quality materials used in the construction of these buildings, add to the atheistic value and "look" of the overall
project and tlus issue is definitely a major concern of l1une and in In.y projects is controlled by an "Architectural Review
Committee" , which is basically me. Proper exierior choices greatly enhance the appeal and overall look of the homes and
therefore the material selected in construction is significant.
Proper choice of the type and style of home(s) within a project is also critical within the "demand area" relative to
competition from similar products and the timing thereof. However, in this particular situation a "site specific" condition
drastically effects the most appropriate choice of type and style of home. This condition is the proposed "building pad" or
basement elevation above the "flood plain". At the meeting today, my engineer stated that the 40 acres north of the creek has an
average fill of 5 feet above exiting ground levels, which thereby causes a huge demand for additional structural material (like
sand); in this case the material balance calculations show a deficiency of over 58,000 cubic yards and this means, it must be
hauled into the site. Another interesting fact is that, after this 58,000 cubic yards is brought into the site, we are then at a height
of only the basement floor elevation. It may be cheaper to remove units than haul material of this quantity into the site.
This then is the cm'\: of the entire problem, because it is not economically feasible to raise 40 acres of land another 4 feet
to get split entry homes, lik:e in a single family development. The best solution therefore, is to build "slab on grade" units. It is
also highly recommended to pick the best selling units in "slab on grade" designs. These are "back to back" units because they
appeal to such a variety of buyers; the elderly, singles and young married couples. The back to back Uluts proposed in Eagle
Creek Ponds are large and will likely sell just under $200,000; end units might go for $225,000. Demand for this style of living is
strong, it is what people want. Base prices might be at $179,000 to $189,000 and 'with 12% to 14% in upgrades, it ",rill become a
great neighborhood to call home. Single family "slab on grade" homes cannot be built on large lots because you will not sell
them, therefore the 60 to 65 foot lot would be best. These are likely to sell for $139,900 to $159,900.
At the last meeting, the mayor asked me why I was proposing multiple housing on such a large area in this project and it
is because the alternative is single family "slab on grade" homes and no one except for seniors is willing to buy these and they are
usually built in tV.1llS or quads, not in single family units. The single family buyer is not purchasing a home '\....ithout a basement.
This is the single biggest problem with this land. The decision can be made to build Town homes in the $180,000 to
$220,000 or you can build small single family homes on 60'- 65' foot lots, with homes "slab on grade" priced (I'm guessing at
$119.900 to ~ 159900 ). T.ilrQ'e lot~ cilnnot he creilted for ~lilh ~inQ'le filmilv homes hec;Jm:e there is no m;Jrket for "Slilh tin Q'T:1de"
homes. Senior residential homes "slab on grade" might do better but Scott county has too much senior housing planned at this
time.
Other issues like the proper depth of utility pipes passing under highway 21 have been addressed in Craig Jenson's letter
when he stated that the highway will be raised in this area so the existing pipes can continue at the depth they are now at.
Highway noise questions are being addressed with our proposed noise study to be completed soon. Also, the highway aligmnent
issue is being discussed but is unlikely to change in light of the high cost of land and the lack of county funds available to
purchase R of W. Besides, I am involved in another road alignment in Savage; it is a 4 lane called South Park Drive and it has a
R of W only 80 feet wide.
In 1998, I purchase the Eagle Creek Stables property and proceeded immediately with my first formal request for MUSA
exiellsion that fall. I wish to thank the city council members and the Mayor for allowing the MUSA extension to this 80 acres of
land. Mr. Hanson, however, purchased another large 280 acre fann in Carver county, to operate his horse boarding business,
with the e:\.""peCtation of closing the Eagle Creek Stables property. Much hardship has been forced onto Mr. Hansoll in trying to
operate two boarding facilities. I am trying to get approval for Eagle Creek Ponds rezoning, from the city, prior to closing with
Hanson and the courts have recently agreed that my agreement is valid. It is 110t right to delay tltis project.
Sincerely,
IZ~~'~C::
I n<-.~ .." ~/IF.-- .
Randall R. Noecker, president
Noecker Development, LLC
8315 Pleasant View Drive
Mounds View, Minn. 55112
Cell 612-741-2662
Office 763-786-6387
This letter is written to grant a 20 day extension oftime for R & R application consideration. It is however, my
desire to develoo this orooertv immediately and throulili a olan mutually acceotable. hooefully show an adeauate ability
Noecker Development, LLC
8315 Pleasant View Drive
Mounds View, Minn. 55112
Febnwry 14, 2003
R. Michael Leek
Community Development Director l~ i~ l~' ~ 'u -W ~ m
City of Shakopee
129 Holmes Street South ! -. ,-, - .- . II Ii
~ \) I. - ~ . I I"
Shakopee, Minn. 55379-1351 ' , ,. ".. ., . .... . I 11
. . I '" .' '. ." ,.!j
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RE: Materials list for R-2 & R-3 structures l~, .' I
Eagle Creek Ponds t~Z,::.;,~~..:;~;,~~~;;.;::;:..:":=::;~:::=:- . ~
Dear Michael,
The exterior look of the stmctures in a development is critical for a builder(s) to maintain appropriate sale
activity and most builders of 3 to 4 unit buildings as well as "back to back" buildings, have identified with the need to
properly create an exterior that does not need attention. Our company has learned over the years that better exterior
materials, helps to market the development and tremendously reduces the association's exterior budget requirements over
the years. The element of a properly finished exterior, solves much of any headaches builders incur with associations
after the project is completed, because the individual owners are not required to spend money on the exterior in the first
several decades. In my mind this is one of the most critical aspects for owners of a residential association project. Buyers
just expect the exterior of their units to be free of maintenance and I feel it is best they receive a structure like that. In
accomplishing this goal many other benefits are also achieved, especially in it's eye appeal and durability.
111erefore, the list that I submit to the City of Shakopee would be the basic materials list for exterior surfaces of
the structures both in the row homes (3 to 4 units / bldg) and in the back to back units (up to 12 units / bldg) . The
minimum requirements for these units would be as follows:
+ Brick or stone accents required.
+ Vinyl siding and vinyl framed windows with low E-glass
+ Medium grade 25 year asphalt shingles
+ Soffets and gables are wrapped in heavy gauge aluminum
(To prevents waves)
The basic rule for structures in mv R-2 and R-3 developments is to avoid" painted exterior surfaces".
The builder(s) selected to construct these units will be required to follow this list. It is truly my desire to deliver
a neighborhood of exceptional value. My premise in developing has always been to deliver a neighborhood "a notch or
two above surrounding projects". Many added benefits inside a development are gained, if the proper "exterior look" is
achieved through the developer's control of exterior materials.
sincereIV//4/
..~2J~'?~ ~,~' .'~
Randall R Noecker, president
Noecker Development, LLC
8315 Pleasant View Drive
Mounds View, Minll. 55112
Cell 612-741-2662
Office 763-786-6387
Please give a copy of this "materials list" to each council member. Thank You.
City of Shakopee
Memorandum
TO: R. Michael Leek, Community Development Director
FROM: Scott A. Smith, Assistant City Engineer
SUBJECT: Preliminary - Eagle Creek Ponds
PIDNo.: 27-914001-1,27-914001-2 & 27-914010-0
Case No.: 03029
DATE: April 10, 2003
The application indicates a Preliminary Plat is proposed for Eagle Creek Ponds. After
reviewing the referenced application, I have the following comments for the applicant,
and for the planning department:
Gradine: Plan and Storm water Drainae:e Calculations
As of today I am unable to complete my review for this preliminary plat application. I am
missing stonn water calculations needed to evaluate the adequacy of storm water drainage
and on site ponding. If storm drainage and ponding are inadequate some of the items that
could be affected or could change significantly are the amount and size of ponding,
amount and size of drainage and utility easements, site grading, lot configurations,
basement floor elevations, lowest openings to structures and road alignments.
The preliminary grading and construction plans indicate that they desire to move the
existing creek alignment. This will require permission and approval by the Prior
Lake/Spring Lake Watershed. Engineering is not aware of any approvals.
The applicant has had wetland mitigation done on the property and has had an approval
from agencies for their wetland delineation and proposed wetland mitigation.
Street & Utility Plans
There are several issues that need to be addressed beyond storm water and grading. The
preliminary plat shows street alignments that have not changed after being discussed with
the applicant and the applicants engineer prior to preliminary plat submission. Also, as
part of discussions prior to submission of the preliminary plat, has been the issue of
establishing a second access for this plat. Currently engineering is not aware of any
recorded documents that arrange for this plat to have a permanent or temporary second
access.
The submitted street and utility plans have corrections to be made, but street alignments,
grading, creek alignment and storm water drainage issues need to be worked out before
final street and utility plans will be approved.
Water main has also been an issue. The applicant and the applicants engineer needs to
work with SPUC to establish a water main loop system for this plat.
Late Plat Revision Submittal
On April 9, 2003 I received revised drawings for the preliminary plat only. To complete
my review for this late change, I need submitted to the engineering department the
modified grading plan, street & utility plans and drainage calculations that con-espond
with the changes in preliminary plat.
Recommendation
Recommend denial based on incomplete submittal.
CITY OF SHAKOPEE
MEMORANDUM
To: Planning Commission
Michael Leek, Community Development Director
From: Mark J. McQuillan, Natural Resources Director
Subject: Eagle Creek Pond Preliminary Plat - Noecker Development
Date: April 10, 2003
INTRODUCTION
At its April 9,2003 meeting, the Environmental Advisory Committee (EAC) reviewed the Eagle
Creek Ponds Preliminary Plat for environmental concerns and issues.
BACKGROUND
The Applicant, Randy Noecker, was not present due to a scheduling conflict. Staff made the
presentation with information from the Preliminary Plat Application.
The Environmental and Park Plan Review Form, which is included in the Preliminary Plat
Application, was blank when the Applicant submitted his application. Mr. Noecker did fax a
completed copy of the form and on Friday, April 4, the day after the agenda packet was mailed to
EAC members. Staff mailed the form to the EAC members Monday, April 7.
The EAC felt the Applicant provided limited and, in some cases, insufficient information on the
Environmental and Park Plan Review Form. They did ask staff if a mandatory Environmental
Assessment Worksheet is required for this plat. The answer is no. The EAC felt an EAW would
be helpful in addressing their concerns with this development in the bluffs.
The EAC stated they were satisfied with Assistant City Engineer's review of the Wetland Permit
Application Report.
The Applicant submitted a Tree Inventory and a Landscape Plan, but no Reforestation or Tree
Replacement Plan. Given the fact, the City Council recently adopted a text amendment to the
Woodland and Tree Preservation Ordinance, the EAC is willing to allow the Applicant reasonable
time to submit a plan that satisfies those requirements.
The EAC was informed that the Applicant has not prOVided staff any storm water run-off
calculations as of 4-9-03. Therefore, the EAC was unable to review that information.
The EAC was informed that the Applicant, has, at this time, no formal agreement or
memorandum of understanding with the property owner east of his property that would allow the
Applicant to construct changes to the Prior Lake Outlet Channel. Mr. Noecker stated to me that
the property owner to the east is going to develop his property and that he agrees with re-Iocation
of the channel.
From : NOECKER DEVELOPMENT INC
, . PHONE No. : 763 786 2117 .
~.03 2003 10:56RM P01
)<-..
4-11.2.2- 3.""'" FROM s>'N<oPF" ~_S ~3a3' P.2
Environment'" and ~.I'k Plall Review
Applicants of lesidential, commercial a.nd industrial developments are fe-.quired to appear before
the Environmental Advisory committee (EAC) and the Parks and Recreation Advisory Board
(PkAB). Please complete tile following list of questions and submit this furm to the City no later
\han Ihe firsl Wednesday of the month. The EAC lllcel$lhe second Wednesday of the lllOtllh and
the J'ltA8 meetS the founh MondAY of the month. Responseli call be e-Itlluled tu the Director of
Natural Resources, Mark M~QlIillan, m.m.g,gyillan@pi. $hak.cw~.mn.ys
PTojOC~_N~,t.. c.,.g - prJ 5" _ Cont8ct: ~ Alu.<-& -~ --
Phone: Address: /11 .l./ /)
_~ J _ ?ffo 1f:J qL_-.. V '{I [ f/11UV)~ f!(6~ r:_
FAX: . PID # '27.... 91ft... O{J("'/
~ro~~J11-:; Ie cniJli Request, PI. -'.. --
J. P,'(~;ect Description
N.wJ S',."'~ ["""J1 )~J
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2. Describe <Jwrenlllnd teem! paM hmd use r: development on the site and on adjacent ..
lands -tie: ~ /r ~ lie. E"1~ fJ..u/L !Jf-J4../ wi" ,j
L "'wc~ $...:1."'( ~Jfr,
~AT\JRA\. RESQURCES ANt> E~YIRONMltNT SECTION
. 3. Covel' Types. -~ estimate cover t e acrea e before and after develo me~ -,-.
_.~____ Before % Ailor % Before % A~-%
Types }-8. -~--
Wetland. 5 /0 0 '10
WoodeO/fot:~st s: .8 ~4.s 0
Bru'hI~nd tiJ"" ..
" . ~ ~t 0
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.... ._'.' ........
~
From : NOECKER DEUELOPMENT, INC.
PHONE No. : 753 785 2117
Rp'. . 03 2003 10: 55RM P02
J,- e~-21?1~3 S ~ 02~t~ f'ROM SHAI~OPEE PARKS 96~23~3a~ 1 P.4
4. Describe 'h. physical arJ hydrologiC Impacts tlIIs prqJcct will ha" o. wale' ,..so.n.~." Wtll
(/1tl pro./a(;/ ilf\lolvCI lhe physical Qr. hydrologic alte,.ation, of an)' surface watt,.? J
'r4.e. ~ J'/... (.oJ i (( h ~ ......J fo fu :>0 "tJ. .-.- · -",jL ,
Ii oQ~ ':^a- pvJ.J w;{{ bQ- l>W1iJ ,
5. Prcwide and eSlimaJf1 of tile?- acreage to be gf'Qded 01' excavuled and the. Cltbi{.~ yards cd"~'(Jil to
bt moved. Plaase describe any $Iaep slopp.s or highll' er'(1dible soils and what mea.yure$ will
be i'~'nw;~ ';::;e ;::JJ
(Oo(~ ~ )'.jf'u/ sd f tL ...~- r.;f;/ 1Mt'....-I.
6. Will the facilities be connected to city utfllt)' (sewer. waler) 5crvic(!s? Estimattt the amount of
water and wa~(ewate,. use(/lgtUlcrafe-d.
. &v..J.I -h. ci sw'-- .,..~. IItJ- 7;'-,~
~;// L~ uwil.J ~ &. ~e.- jYL- ~ If HJ,
*' .~~ & i-d-J ~ ~t
7. Desol'ibe tra,ffic provisions (parJ..ing, average and peak hour trajftcflows).
tt"Jh- ~ )~~e, {
8. Dt:scribe stationary al1d mobile SQtJ,.c~s of air emtsstor'lS.
1Ah.~~ (
From : NOECKER DE~)ELOP~lENT , INC. PHONE No. : 763 786 2117
r . 03 21303 10: 57AI'1 P03
I
I- Rot..., SHAI<:r)PE~ F'Al=(KS 9!;~~~~~B~ 1 P.5
.d. -~2-:2eos ::!:\~3PM
. tI' . a d list what rnidasU"Cs will
Y. Dt.w:rilJ, utlY mlors: rlOi.fie IJ" dJS.~.t wmel'ated during CQf1:ri U(:UQJl 11
yo~ """0 mini...."" ,h8I' Impact) . ,:..!.A- (>;:t.~itd ,
Socl (s S""-, ,. NfJ
10. Is this pto,iect in proximity to designated parks. tr"Us. recreation atWlS, wildl!fe preserves, Qr
Qth(!,' 1mJql.t(z resource."? ~Jj~ ~~~
No pJr oJ I~(~ w#6~
ti~ k.-~'
1 J. ls this project compatible with local land use, water or resource 'm:magem~mp/ans? (f l1"t;
explain.
y~
J 2. Are there noxiQus weeds on 'he site'! {f so, list/hem.
/tIo
n
'--
- -
From : NOECKER DEVELOPMENT, INC. PHONE No. : 763 786 2117
P '. 03 2003 10: 57AM P04
4-~2-2~03 S,04PM FRnM SHAlt.:OPEE: P^~I<S 96:l,~~~A~ 1 f.e
:
lARKS. THAn.S ANI' OP-eN SPAC&S SJtCT\ON i \
\
13. Will you b~ $c~ki'lg 1(1 dedicate land jor pat'1t or pr'OvMlng casTr 111 lie.tI of lalld?
A (:,.e.~' of Lana: Cash Ocdicatton $
'f-~ '7 lArJi~i S. h, 'l~'" ,L17_
f:,;,!lj;,ljj
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14. Type Qf d~ve~?pn'len~ It ~{UJ)itl,l ..-- ..~---
I/. Qf,uni.!L- # of Urlit~
"ir:-c: ... 72- B::-r- .. . 'In~-~-H'. ,,-
..___1. ....,..... .- ".
R-2 c.C PUD ,-----.. -, .0.
1 -------...-.-" '.
R--3 B-3 PR
N-C '-'\ MR AO--
.-...----- ---
RR J -1 Other
. - "-
''', B-.I 1-2
-- "
, t
\ R.I Law Density R.esidtntial MR MaJor Rccr~ational Zone
R-Z Medi.\Im DOlIsity Residentjal 1-\ Light b'tdu$tty Zol1e
R.3 Multi-Fat/lily Rtii.dential l-2 Heavy Indulltry Zone
Ny Neighborhood C( !J;iJ1el'cial l.lP Businell$ Park
ld"(.t:ral R.e!lldentlal i~me P'lID planned Unit Development
B-1 'igl1way Bus;nO@h iono PR Plalmed RC5identiftl OovelQpment
B.2 OffiC0 BusinC$s 'UJn~ AG Agricultural Presctvt\tion Zone
B-3 Cel\tral Busil1~$l.oT!e
CC..Comtl\unity Commer,clal Zone
, , ,'.~
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15. Will tbere ",. trails an<l!o( sidewalks within yoUt developm0nt?
ye.9
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r', ;,1" ," ."'
16. Will )/Qur development Include public open space, pat'k.v or conservation easements'!
ye.~
17. Are there wO<id!m'ds. wl!!!(7nd~. or unique vegetation thai could be protected as pr~bltc or
prl""..reas? 7h it,.} 'f;;:J;;, t.. t g i.::/fJ oJ
..:!:f hi ... '" < "". '! .....,. \... -- S.. .
Pffv by ,,,,,,,,~f "1....C/U ro J..h,
.
.d03 15:50 SHAft' :E PUBLIC UTILITIES 9524457767 P.05
~
SHAKOPEE PUBLIC UTILITIES
MEMORANDUM
TO: Shakopee Community Development Department
FROM: Joseph D. Adams, Planning and Engineering Director ~
SUBJECT: STAFF REVIEW RECORD COMMENTS for:
Preliminary Plat of Eagle Creek Ponds
CASE NO: 03029
DATE: ~3
COMMENTS:
Municipal water service is available subject to our standard terms and conditions. These
include, but are not limited to: installing a lateral water main distribution system in
accordance with utility policy, paying the associated inspections costs, paying the Trunk
Water Charge, and paying the Water Connection Charge.
Underground electric service is available subject to our standard terms and conditions.
These include, but are not limited to: entering into an Underground Distribution
Agreement, granting any necessary easements, and paying the associated fees.
Street Lighting installation is available subject to our standard terms and conditions.
These are contained in the current City of Shakopee Street Lighting Policy. Applicant
must pay the associated fees.
Applicant should contact Shakopee Public Utilities directly for specific requirements
relating to their project.
Note: SPUC is currently reviewing the UG Electric Charge, Trunk Water Charge,
and Water Connection Charge policies, possible increases will apply to all
projects retroactive to 1/1/03.
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L~~~ . i SCOTT COUNTY (\ \'11 L..F'R 0 ? ;!:Dfr1
VCfCO' tt "l...J
I A:J 1_ l,.,;' ~ . COMMUNITY DEVELOPMENT DIVISION \--. . 1
ENVIRONMENTAL HEALTH DEPARTMENT [bj.;::::::.::::.:: .......::...:.:;.::~;:::;;:)
GOVERNMENT CENTER AI02
200 FOURTH AVENUE WEST
SHAKOPEE, MN 55379-1220
(952) 496-8177 Fax: (952) 496-8489
MEMORANDUM
TO: R. Michael Leek, Project Manager
FROM: Steve L. Steuber, Environmentalist II
DATE Apri14, 2003
SUBJECT Preliminary Plat of Eagle Creek Ponds
PID # 27-914001-1, 27-914001-2, 27-914010-0
I_~: ......J
Thank you for the opportunity to review the proposed preliminary plat of this area. We wish to note
that the area proposed for development ofPID # 27-914001-1, 27-914001-2, 27-914010-0 totaling
79.44 acres may require an Environmental Review before proceeding with any specific development
proposal according to the Environmental Quality Board (EQB): Minnesota Rules, Chapter 4410,
4410.4300, subparts 26 and 27.
A licensed water well contractor should properly seal any abandoned wells discovered during work on
the subject site. Any Individual Sewage Treatment System (ISTS) on the site needs to be abandoned by
licensed ISTS contractor. Any solid waste discovered on this site should be removed to a licensed
landfill or recycling facility and not buried on the site. Trees and brush removed during land preparation
should be chipped or hauled to a tree waste processing facility and not burned on the site.
An Equal Opportunity/Safety Aware Employer
, . . . . . . .
".,..,::\. .:.' .:; '.;":".>,;' , i': '. ..:.\ .;" ....'::>,... :.:' ,.....:l:\ff~L'l.f~I(..t C-IM
.:~FUO:rRLAK,E:.~ SPFu~\JG lJ~~{E.WATER~HEDDiSTRmCl" <.
.. . (952}447-4166 . .
.'
FaK A47~4i67
. March 21, 2003 7;;) . '.
r F)" .' ..., ,',
f I L') r[JfJ ~. a~7 I~ nr
. Mr. Charles Plowe . Fa,; MA-;:;' ~IJ/j
Plowe Engineering.
. 9180 Lexington Ave. NE - ': (~:,'~'.- '-'.'~---:?~::;;y- '::' :;_._ l
Circle Pines, MN 55014-3625 '
'~": .', . -- -'...\ ....:-. !
Dear Mr.' Plowe:. .,_. ,. ~:.. ;- >..~
This I~tterisir'response to your letter of tran~mittalreceived February 11,';2003 regarding Eagle Creek
.' Ponds'Subdivision. . . . .
We' ~6ncur tliatthe. subdivision is not Within the Prior Lak&Spring Lake Watershed District (PLSLWD) . .
. bOlmdaryand that perin its forstonnwater rrianagementand' cOnstruction ero'sioncontrol are' not needed
. from the PLSLWD. . You are, however, . located in the. Lower Minnesota Watershed District and should '.
: contact them regarding their requirements. . However,even'thOtigh voll are not Within the PLSLWD .' .
. boundaries; vou do need permission for any construction within or chanqes to the outletchannel and our
. easemi:mts.
'., We are very co"ncemed with the prelim1n.3,ry grading 'and utility .plans submitted' along with your transmittal
letter. TheSe plans show relocating the channel and significant encroactlments inoureasemerit We
.strongly believe any changes to easement or channel configuration should be agreed upon prior to' .
preliminary pl~t approval.. .' . .....
. laIso Wish tore-en,phasize the points I made previously to Mr. Noecker regarding the channel in my
correspondence to him dated September 3D, 2002 and have attached a copy of that letter. Based on the
. preliminary plans received it appears that some of these points were not considered.
. .
Sincerely, .
~.;;?~ . ~ ~
JA)f!.. '1--._'
Paul Nelson, District Administrator
CC: Scott Smith, City of Shakopee
Craig Gontarek, President PLSLWD
Bruce Loney. City of Shakopee c.-''''''-'
158"15 FRp,h/y(U[\) TRP,IL S.E. 0 PRiOR LA1-<E, M!\] 55372
PRIOR lAKE.. SPRING lAK',EWATERSHEDDISTRICT
(952)447~4"f6"6 :
---~.,.,-- r ax " zr4F4Y6/
. . ..
September 30, 2002.
Mr. Randy Noecker
Noecker Development
8315 Pleasant View Drive
Mounds VieN, M~ 55112
, .
Dear Mr. Noecker:;
This letter is to clarify our discussion of F~iday September 27,2002 regarding the outlet chanllei
easements owned by the District in, the propo~ Eagle Creek Pond.s developments. The following. is a
list of clarificcitions. . .' .' . . :" .' .'
.,
1) The easement is jointly owned by us .and the City of Shakopee. . The City of Shakopee needs to .'
concur with any revisions to the easement or ':lctivities withi'n the easement. :. . .
2) Our easement documents show easemef!t width of 60 aci'd 70 feet. The Prel.iminary Plat/Site Plan' .
by Plowe Engin~ring proposes a 40.,foot creak easement. We are not inclined to vacate any of the
existing easement.
3) . We would consider propoSals to move the. <:reek and easement fotiowing an engineering review
provided this review demonstrates the Qistrict interests are maintained.
4) . We would consider a pathway. in our easement as an acceptable use provide'd the path is .
constructed at a grade that does not obstruct flow or limit flow capacity. We would also like ~o be
able to use the path fIX ac~ess and maintenance activities.
5) We anticipate a future channel cross section for this area consisting of a low-flow channel, and a
wider floodplain channel. The low-flow channE?l would be designed for a maximum flow of 1 00 cfs~'
The wider floodplain channelwould be designed for'qnticipatedfuture stormwater flows. . These
future stormwate'r,frow needs should be provided ~y the City of Shakopee: . . .
6) We do not see any advantage to lowering tile creek profile by two feet, or adding berms, through the
development with respect to flow capacity at this time. Detailed engineering computations and
backwater analyses need to be completed and reviewed in order to provide an informed response.
The District is very interested in yyorl<ing with you arid the City to assure that the existing easement rights
of District are preserved, and future stormwater capacity needs of the channel are met.
Sincerely,
'.'.
.-----:,.} ...., ~ \ ).
. 70- I . \.. If'l/l..._-----.
C<J\.A.>><' _/1...-0 .
Paul Nelson, District Administrator
CC: Scott Smith, City of Shakopee \11"""'= IL h
Ed Matthiesen, District Engineer i~
Peter Willenbring, WSB br:.
16670 FRANKLIN TRAIL S.!:. · SUITE 110 · PRIOR LAKE, MN 55372
f'lnnforlJn;n! 700 West Linden Avenue
. CllIIII.f;j,rV'" TM PO Box 1165
,'_ Energy Minneapolis, MN 55440-1165
Minnegasco March 31,2003
R. Michael Leek
Community Development Director _.
129 South Holmes ,-- --- ------ -.--------
Shakopee, MN. 55379 fl.iI,!' I;'; J>;I - it-I.~]
II} I , .. ' J, /'
RE: Preliminary Plat of Eagle Creek Ponds h II -: :: 0 ''',' ,- ::' -,:.:
CenterPoint Energy Minnegasco easement #2002-4~r; ," ';
Dear Mr. Leek: I"Lec," .., ",.",=--=1
With reference to the preliminary plat of Eagle Creek Ponds and my letter dated March
27, 2003, I had a telephone conversation with Mr. Randy Noecker this morning.
CenterPoint Energy Minnegasco does not desire to delay the platting process of this
area, only keep everyone involved of the necessity to safely maintain this high-
pressure transmission pipeline.
To that end, Mr. Noecker assured me that:
1. The grading plan, sheet C-l, dated 11-21-02 will be changed to meet the
requirements of Exhibit A of the new easement, or plans will be made to raise
the pipeline to meet the new grade. The developer will pay all costs for this
work and any other work necessary as a result of this development.
2. Subsequent to transfer of title to Noecker Development, a new easement will
be executed defining a 66-foot strip, and CenterPoint Energy Minnegasco will
then release the existing blanket easement.
Therefore, based on the verbal agreement above, CenterPoint Energy Minnegasco
wishes to allow this development to proceed, contingent upon the completion of the
two stipulations referenced above.
Please call me at 612.321.5381 if you have any questions.
Respectfully,
CENTERPOINT ENERGY MINNEGASCO
~n:!~
Right-of-Way Administrator
P.O. Box 1165
Mpls., MN. 55440-1165
_St?_Y_~o2YQJ}ftQL9_?JL@_C-~.o..1S3.If..QjD t ~D.s;lgy"!.g_QJD
pc: Dale Sodahl, Distribution System Designer
Randy Noecker, Noecker Development
(
~.};!/
. CenterPoint. 700 West Linden Avenue
PO Box 1165
. Energy Minneapolis, MN 55440-1165
Minnegasco March 27, 2003
R. Michael Leek
Community Development Director
129 South Holmes
Shakopee, MN. 55379
RE: Preliminary Plat of Eagle Creek Ponds
CenterPoint Energy Minnegasco easement #2002-48
Dear Mr. Leek:
With reference to the preliminary plat of Eagle Creek Ponds there is an existing hjgh-
pressure natural gas transmission pipeline operating at 450 pounds per square inch
located on the northeast corner of the property. This transmission line is currently
covered by a blanket easement recorded on November 25, 1939 in Book of
Easements on page 97.
As stated previously to Randy Noecker, CenterPoint Energy Minnegasco will release
the existing blanket easement upon execution of a new easement defining a 66-foot
strip centered over the transmission pipeline. On November 29, 2002 I mailed an
easement to the attorney for Mr. Noecker. To date, I have not received a response.
This new easement must be executed prior to releasing the blanket easement and
recording of the plat.
Additionally, the plans call for up to 6 feet of fill immediately over the transmission
pipeline. This is not in compliance with safety standards. CenterPoint Energy
Minnegasco's pipelines are operated and maintained in accordance with the Code of
Federal Regulations, Part 192, Title 49, "Transportation of Natural and Other Gasses
by Pipeline: Minimum Federal Safety Standards, sections 192.607, 192.609,
192.611, and 192.613."
In addition to completion of the easement issue, the developer will need to contact
Dale Sodahl, Distribution System Designer, about raising the pipeline to meet the new
grade or the design must change. Mr. Sodahl's telephone number is 612.321.5444.
The developer will pay all costs for this work and any other work necessary as a result
of this development. Please call me at 612.321.5381 jf you have any questions.
Respectfully,
CENTERPOINT ENERGY MINNEGASCO
SF- ?tv trey-.-
Steven Von Bargen
Right-of-Way Administrator
P.O. Box 1165
Mpls., MN. 55440-1165
Steven. VonBargen@CenterPointEnergv.com
pc: Dale Sodahl, Distribution System Designer
Randy Noecker, Noecker Development
EAGLE CREEK PONDS r>RELIMINARY PLAT SHA~OPEE, MN
.... ...., 1\ \ \
::-', " ,4\ G> ) VICINITY MAP
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" >, ~<\ ~-~ \\; 0U1l..0T A 5 \ <> \
,\\ \ _~4, \, OlfTLOTA ' I \ I
\ \ __ _fUJl...__ ~ I
\ \ \ \.-' _ _ -OUTLOT B -; I , r-- EXISTING 60' CREEK fASEMENT . I \
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\ \ .. _"._ ..,. .. . ....... --'.-. .-.....--. ..-...... .... ..... .-.-.... ""'''---' ............ .-. '''' ....--..... -........... .......... -..... ."-;i I
\ \ CREEK I' II ~~ .' ., ,.--.-,...,..
IIII II ~~ ......
:; 1 ,~~ I ~ ;'_~ ..-. ""'" ~. ........:' ~.:'.::m_... ....... ..-. ---........\ \+.. . ....-- ."-- - "'..--- .... ..... "'- _.:. '
II S I i' ----------" --_ '20 TRAIL' . I \ I
I I " ,~,~. I / / -- P
, t' ',. I / / -----_ ROPOSED FUTURE .
: 1 " l.....j 4w I / / ----____ .:~.r:RE'K..!:PCATLON . "'I. .-:ct
I I - I ; I I / - _M~"~ "'" .' -, , CReeK: I
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I If : . 3 ri , /-./ MITIGATION 1 AREA ;_ _.6 ___5_ _..: 3 _ -' 1 /1 J . ,
I I I 1.1:.117" I ';t! I // ,,/' ~:- ,. ;.. ' lUll...". :...! / ; !
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-g- I I' -~. "'< -~ SINGLE FAMILY H WES - - - - - - PARK '
-:-- 1 I .. i :'; ~ ".:1",..~i~,,~J......::: rUls",,-<\. ~~ I _~~. e' '" 1-, I- . "'. ... ;
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a"l, I 1 6 I 7 8 9 10 14 13 12 11 10 9 h B 7 6 5 4 3 2 i' l' EXISTING70'CREEKfASEMENT
_ 1 '. I I. . 8U CK 1/
0-. C\J I I I .".>>... , . _4''''' ....: kD;:/ ;;. ....~~ p. 8 SfF"fr'f" _u'-rc _'T~ _m~ -~.~~ Ur~'..,. ~-:,,~~ ~'::f't .br~':''r s.:~ ......l..~'r _a'1lt"6 .
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I, I .. ,. 15 ..
f' : I ;:' _.,_ "SINGL~:AMILY HOME~_ ~. ~, PID #
I I I I HI W"'K -;:). ,- '''''~ d ,,~..... ,. ,,-..... ~! "........ ;~ ,,~~. ~i ,_..... ,~ 27-914-009- /
I I I t l' ; .. 1 I . ~ SINGLE FAMilY lYPlCAI. LOlDET.oJl
I I I 112 .--~. 'I l~ 16 $. 8' nCK 2 ".-.-
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I' : I ,~O 1- . PID # ,---- --,
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I I ~: ,~~.v "';:~~ ~' ~ ". =.~. ,~~ 27-914-01')-0 I I -L_ I
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I , .:;r ~ ,.~ ,.... 0= EXCEPTION II II
I I' 274<914-002-0 I, ~ ,- ~ !.. I IL ..JI
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I I :: 1 ~v ,"" I .i15 "'OM. P "r ~~". .;;,' -;:~~'. .':'."' -" ,~' I' 2' I 27- 914 - 012 - 1 NOTE: ADDITIONAL EASEMENTS Will BE
I I I' EXcEPnoN i' . 6 5 4 3 2 1 i " I REQUIRED FOR UTILITIES AND PONDING
I I! J I ,;;;... SING EFAMILYH Mts '" '_.~
I I I If:" jo ... ~. ,. '" ~~ '" t
I I I I '.! ~- ,; "-.' ,~'~..... ~~ ,....~. e~.'~'.' d "'u, F .~~.. "!" fl 'u."'" ~c, BUILDING TYPE -TOTAL SITE AREA = 79.4 ACRES
I I I I ! 16 H'''''' ;i I I i ~ I' ti 3g , . -PARKS AND TRAILS = 5.41 ACRES
I II I 1"- >I I + fi \, ;;:;.: ~ ~i ,PUBLIC STREET R/W AREA = 5.61 ACRES
I , I I ~. ;!. . _~, ' .~ ,~ ., I "~. PROP. t' -OUTlOTA=39.8ACRES
I I' , I "'- ....." .~" B B ..H' ...,. ..". ,,~ -. u .. "'.' ZONING BLDGS UNIT TYPE TOTAL UNITS - OUTlOT B = 0.23 ACRES
I I I I ~:;::;> -.r.; · .... ..., .- "" .... "," 'j'"'' ..---".,- ~ I
I I I I . '4j!: Rl.B (71) SINGLE FAMILY HOMES 71 TOTAL UNITS = 89UNITS.P.=RACRE
1 I \\ ,::~..., .~. ~, ..~' ~'.,":' "'. '" TOTAL AREA' ,,"
I I ,I:~ " ..... I ...,' ..., ..., ..., ..., ..., I ....'. CURRENT ZONING R1-B '
I t. .,,,,,,,",,,, __.20...,
I ! I I I ~ '~..-'l. :.';t M~n. Lot Pepin J31.74' / 100'
I I I I.. ~. ". ~ '{ f~ .~1~ Mm. Lol W.clthtFSelbock 55.31' / -
I .. I.Um -.II. ~~ : 'I - ~ ,.... 5
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. -;-. I 8 7 -.1/ ~ '1;- i" I~ !
r::::--.l- . ~, SINGLE' It Y ~OM[S 5 4 3 2 .. ;
I. L..:::::::::-i-. BOCK 1','
. ___.~ .... ~"., .'~' ~ ." ~. 'u..~. ."
I ~ - .. ".. ,;;''' "';-'''''l'i' . ~ , ""_ '~,.~ ...:"' ...' ,,",.' ~;; ..:::~ ~1 ... 6 " LEG'" 0'"'''00'''
,. I I----.... .......at-.,-. :.i1&:.s::, "'lS-:-- '.---:-- 0, . '-i;~ "~Ol pOrt 01 the We-s\ hill! cl_lht Soutneast Ouerte, of s.ct.o,; 1-', To..mnil' 115. RclI'1f}t :!::!.
I ME;o' '. ,-- J -Ii-- PID # l)lng Ilorthttrlj cl the North r~hl-o'-"!1". bn~ oJ COl.lnl)' Rood ljo_ 16, e.(t'pling lh~,.llllm
OWaROO;--- . OJ '., , ~ . _ ", .ur." ,....,,,,,,
Lor J '\ RUN ___ ~ ~ j _ r- _ II Th~ South..nt Un,-qullri~' of th~ l<orihlllsl OM-q"lIn..,; tM S~utl'w!O:lit O~-qllcrtt, (1/ tht
~ ~_ ..:.... ,_ ,=- ~ ,/ / 914' _ 0 'I' 2- ..., PID:;+ Nortrltll,l Ont-qucn.e' et~e.p.t.n9 Il'>t E.O~Ie<ly F".ve HunQ'e~ ..,"ely-OM c..:= :leve"ly-fr.t "'''c
_ _ __,__ ~_ ~"'--. L II h""'...,. "" ".,.." ",.. ''''~ r~".... 1_"",, 0" ~...., ;""... '.'0'
_ _ ~ -.....: ~ ~ 'wlllniy-twc, 5.ellIlCoun\j'. I.l'MCllIl':l.
EAGLE CREEK R - - _ ~_~ -- \".. . ..r-27-914-012-1 NOT< ",,,,,,"""."0.",",,, (79""'..')
MEADOWBROOI< RV9JUlEVARO L= ~,- -~>r~'~ ,L
(LOTS 1-3)
'7J[SIiiNiJ.' ",-" GRAPHIC SCALE
r " P .. I her~by cerlily IMI this plM. .-05 prepared by me or under SITE PLANNING eNelNeeRINe PREPARED FOR:
~,,...,. . 1/27/0J Remov~ Sf'. hOuStng addeo twn.'lm$. 100 0 SI 100 200 400 mJ' dm::ct SUpt!f'VlSIOn and tnor J om 0 dul}' Lfcensed Pro- DATE: "/21/02
I I' I I t ~ . I ~ ' I I Ih S' r I'
DRAWN 4/6/0J rem,,.;n. lo_nnom<< (r,m P'" !III _ _ ,ess,ono .ngmeer under he lows 0 . lore o. /0 mnesoto. NOECKER DEVELOPMENT
C.h.P. _ _ I PLOWE ENGNEERlNG, INC. 8315 Pleasen! View Dr. PREL PLAT
CH[C>W) ( IN FEET ) CHARLES ~ PLOWE 9180 U:XINGFON AVENU, N.e. Mounds View, MN 55112 1 /2
c. W.P. 1 mch = 100 II 04iE- '1/8/03 U~ENSE $ 18227 (763) 785-1043 GIRCU: PINeS. MN 55014 FAX (76J) 786-6007 Tel (763) 786-6387
~ .. ,1'_
EAGLE CREEK PONDS PRELIMINARY PLAT SHAKOPEE, MN
------------ \ ~~~
---------- ~~-----
, ,
, , .
o ' , ·
~ PID # COUNTY STATE AID HIGHWAY NO. p} \ " \ N
27-914-014-0 200 foot right-of-woy 0 \ \ \
5 89'44'18" E (unimproved) L 7- 4-014-1 \ \
, " /6' GASLfNt [ASEMEWT
--2057.53-- , \
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\ \ I :. '0' CREEK rASE",'T .~ . ;, c' " . . .
: : ; n"~...~"'" ;.n.:'.... ............. .n' n__..\ \+ ..n...... n'__ """ ..
PRopolED I I . '20. TRAIL I \ I
40' Rcrw PROPOSED FUTURE . '. .
I I r:R TRAIL . .
I I ~ Ef.!5 LOCAl/ON
I I "..~'!" ,,~'!" ,;:~ > "'::~~ > -",. CREEK
I I . 1:.11
I I! MITIGA,TION 1 AREA 7 6 5 4 3
I I h ;, ;.. ' , PARK
I ! ~! .,.... ~,""'.' !' ..~..'" .. ' I
J I 1 I. I' I! ..~.. I; .'-"(1
I I BlO JK 1
I I! ;1 - S/NG"iiFAM L}" HOMfS -
I I !l ~''P:I''1'
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i : i ~. ~, "M' '-., -. ~ ,,'- .- = >:: .... ,- I
~ I I '...., ~~ == -. - - :....::::-.
'" ' I I - -- - - -- '~
". \ I I 5JNGLEF4MILYH IES f - - - -
\- \l....: I I :~ ':"fl~"c ~~ ~:;:. ~I ;='c..'l'S...r.~':.o..._r.6~lg.....r.e;: <I 3; ;.. .. ~ ~:
,\ I" I I'! . ,,~"' '!..__.i!.._..!,.._.,.!; i; ?, .,'" "I"="'!.'~-"I"~"P'-"' 1,
.,', I Of Ii ~ I ;:l ~ ~~ ~ . ~'::: :: 1:: ~_'H:....r. 11,')'.1_11. I
"\I'i) I't I 10 14 13 12 11 10 9 8 7 6 5 4 3 2 I': I .
\~I I I BL CK . ___.MO....~.
" ",.,1" __ __. __ . ..~' _-~ ~~ -- -. .-- -- -.... ~.- _..I_~ Ii, --..- -' ' , ') - _I...~
"""011'" ."'1"",,,, GRAPHIC SCALE . .
r: ' I hereby cer"if lhol thos plan wO$ prepared by me .r uneer PREPARED FOR:
__I"':'. 1/2>/03 R,mo",,,. hoU""g ad'"'' 'wnam,. '" ~ ':' ':" 'r' "r my dlrocl supervisi.n end that I em e dub' Licensed Pra- 5'" PlANNING ENG/NEoR/NG DAlt: '1/21/02
vM,m </8/03 remo,ing la..nham., (rom pIal ~ _ _ les.,onol Enp,"eer under 1M low, of 1M Slole of M,"aesola. NOECKER DEVELOPMENT
CAP. ' _ _ I PLOWE ENGNEERlNG, INC 8315 Pleasent View Dr. PREL. PLAT
CHoCKoD ( IN f"E!:T ) CHARLES W PLOW,- 9780 lEX/NelON AVENUE N.C Mounds View. MN 55112 2/2
c.w.P. ) I moh .. 100 /l. DAlE: 4/8/03 L1~ENSE ~. 18227 (763) 785-7043 CIRCLE PINES. loiN 55014 FAX (763) 786-6007 Tel (763) 786-6387
~
I
g COUNTYSTATEAlPHIGHWAYNO.21S EAGLE CREEK PONDS
("oJ 200 foot rlght-of-way 0
S 69'44'18" E (unimproved)
--2057.53--
_ _ - - - -r-~ - . ,__------------.. ~ ~. ~ -" IDBLOCK3' - . -=- "--:::. . - . - . 1
r -, / - - ::::--" r---" / .......-= - I "'-ii
' , 15 I ~ -- ....... '\\ , 6 I -r-=1 -, --, I r-==F==:; .
1:1 ::1 11 r -, r - -n;.., p+ I ~~~~ ' ~ f~)'IG~ I COVER SHEET
.~ I t 9-T] 1[" 12 }:411 ~ 1 ~ r-, 15' I' ,22 ~ ~ g;~ f ~~ II ~ 6" I ~. SHAKOPEE MN
c..b.::d I IL _~JIIL_ - -=~l:.jl ii7I I r====1" I 9 16' i 1 21 ~ E 'J.3 40' 61 'f6 1i,1 I: I Ii' 6:1' I ~
rr===i r==r ..b=::! ~ 1 6 '.!.\. ~ 2111 !-!!i ~;i ~~ I liB IIJI " B-;-- -,
II~ I ~ ~ Ii 2! '1i7\'81~\t;-;rJO\JIIL~I:3,-;;ti!J~/L...5.lII/'1i016.-h 16S~ I ,
UJ , I I 10;,-------;r 118 I I r;-----:-T I L :-1::.:0 \ L ~:.t:::!. , - -;"-j I ~ ~ '....-+ I I !La:
. '" . ~ I ! ~ . I+:-i \ I l' \ ..;; - I --.oJ L_<:J 5<' I Is' 'L -=.::.. ill70 69 68 I .
r-- 0 I 9 1'------'- I 19 I <k=::.::!... 1 :c-~, LOCK . - .
'" cil~ I 51 ~ I --'JI~ I
to - , 8 I ~ BLOCK 2 120' ?2 :::-L
'0 ~ c..h=d I _""'\ ~ \ \.0'..- _L::::=" _ ----_ t-L ,,-::. -_'II!! ----':\
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z I 7 I H----r- \" 00-1 I I J 71 72 73 74 751 I '8\ 52 0, Il4 851
It'Ii-Ul6K i 1 ~: ~ ~: ~ ::.J ,., ./" I r= -=; I' ~ "YKI'.~ \ 8( 7 78 77 7611 1 9C 89 88. 871861 III I
~ ~, _ / ./ ,'-- -, I I ~ 25 I r _ __ "\ \" \\ L - - --II ,- 1-- - --~
. ~I 13141 ' .
~ ~ _:::.-----: \ 1 123261 104:3 52, -. -,_iIl!iEfl\EB - 'l
c..b==d ~ 12151 I 122 27, " '44 51, I
I cr==i '\ 4('~ i I 11 '6' i ~ ~ I : 45 501 '~T~T~T~. B5 ;611 I r,~r,~~ ;~~T,~ I I
,+-;-t \~ " ~I'l 1104 ~ 120 29, ir I 146 49: 1102011""'99196197111!'~f~i~211hoh09I1' I UJ
I +-=--l ~ I 9 18 I 119 30 I ....- - ::1:.:.1.::1:-11....- - ~.j:::.l.':"JI I
1 1 I \ ,-- = L_ _J I 147 461 ' =
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\ ",""'-_ ~ \ 6' S I I - _ _ I 504- 61 I I en
~ \ ( " /j:3 ffi:l6,3S~.:33:32 -7~ I BLOCK 9 I I \ Ih2B\25 2.Jr23 2212111 'J,38h37h35h:3sb4h331 ~ II
~_ _ 4- I r:J 31, 1,55 601 I~":.t:.~ :1:' _:JI IL:'".r::.r:-.r:-r:...l-..J
. - -.,I I 37 oXf 3 I I \ .
\'1 CREEK I -\ -~-~~~] ~-;r - I~ ---~ - =- -1'1
16 I - - - a-= :./ I - - - - - - - - ""1 .
I D I PROPOSED CREEK I II I
O I _LOCATION
15 CREEK I
j 14 I 70696857 BB B5~630';' I. I
I D~ ( Q 64~ I II I DATE
\ D D 1/27/08 COVER SHEET (1/15)
I' ~ '.0 ~~ 81 \;J 000 ~ II' I 1/27/03 PRELIMINARY PLAT (1/2)
0\) -- -- - --..oRI'FfA__ _ :::/'::~ .\ I 1/27/08 PRELIMINARY PLAT (2/2)
I [~ - - -::;....- 0\ I , 1/29/03 PRELIMINARY GRADING PLAN (C1)
12 \ 1/29/03 PRELIMINARY GRADING PLAN (C2)
I ;ZJ7DDDD \ DDDDDDDDDDDoeJ II I 1/27/03 PRELIMINARY UTILITY PLAN (C3)
I " 1 I I 1/27/03 PRELIMINARY UTILITY PLAN (C4)
11 10 9 8 7 14 13 12 11 at CK 8 7 6 5 4 3 2 . 1/29/03 PIKE LAKE TRAIL EXTENSION (CS)
\ . . _ " _ . _ . _ . -U \ 1/27/03 PRELIMINARY SAN, WATER, STREET PROFILES (1/B - 4/8)
--410.01-- 6 0 I 0 15 17 18 19 20 21 .22 ~-736.20-- 1/27/03 PRELIMINARY STORM PROFILES (5/8 - 8/8)
I BLOCK 4 N 69'43'46' W 1/13/03 MITIGATION PLAN (M1)
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