CITY OF VICTORIA Location Map Map Date: 2/8/2019 ± 0 0.05 0.1 0.2 0.3 0.4 mi Hawks Pointe City of Victoria, Carver County GIS
CITY OF VICTORIA COUNTY OF CARVER STATE OF MINNESOTA ORDINANCE NO. XX AN ORDINANCE AMENDING ORDINANCE NO. 393 LIMITING LAKE MINNETONKA ACCESS TO RIPARIAN LOTS BLOCK 1, LOT 8 AND LOT 9 OF HAWKS POINTE. THE CITY COUNCIL OF THE CITY OF VICTORIA ORDAINS: Section 1. Ordinance 393, is hereby amended be deleting the stricken language and adding the underlined language as follows: Section 2. Section 109 of the Victoria City Code, the City's official zoning ordinance, is hereby amended by rezoning all property within Hawks Pointe from LMR (Lake Minnetonka Residential District) to LMR and PUD (Planned Unit Development Overlay District) as described herein below: TRACT A, REGISTERED LAND SURVEY NO. 127, FILES OF REGISTRAR OF TITLES, CARVER COUNTY, MINNESOTA, AND, THAT PART OF GOVERNMENT LOT 3 AND THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 1, TOWNSHIP 116 NORTH, RANGE 24 WEST OF THE 5TH PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID GOVERNMENT LOT 3; THENCE ON AN ASSUMED BEARING OF NORTH 3 DEGREES 21 MINUTES 00 SECONDS WEST, ALONG THE WEST LINE OF SAID GOVERNMENT LOT 3, A DISTANCE OF 465.33 FEET, TO THE POINT OF BEGINNING OF THE LAND TO BE DESCRIBED; THENCE NORTH 37 DEGREES 22 MINUTES 00 SECONDS EAST A DISTANCE OF 194.45 FEET; THENCE NORTH 56 DEGREES 10 MINUTES 00 SECONDS EAST A DISTANCE OF 149.20 FEET; THENCE NORTH 53 DEGREES 42 MINUTES 00 SECONDS EAST A DISTANCE OF 127.60 FEET; THENCE NORTH 67 DEGREES 26 MINUTES 00 SECONDS EAST A DISTANCE OF 96.10 FEET; THENCE NORTH 61 DEGREES 45 MINUTES 00 SECONDS EAST A DISTANCE OF 352.60 FEET; THENCE NORTH 14 DEGREES 56 MINUTES 00 SECONDS WEST A DISTANCE OF 235.50 FEET; THENCE NORTH 29 DEGREES 59 MINUTES 00 SECONDS EAST A DISTANCE OF 236.60 FEET; THENCE NORTH 62 DEGREES 27 MINUTES 00 SECONDS WEST ABOUT 110 FEET TO THE CENTERLINE OF A CREEK RUNNING SOUTHWESTERLY THROUGH SAID GOVERNMENT LOT 3 AND SAID SOUTHEAST QUARTER OF THE NORTHWEST QUARTER; THENCE SOUTHWESTERLY, ALONG THE CENTERLINE OF SAID CREEK TO THE CENTERLINE OF STATE HIGHWAY NO. 7 AS DESCRIBED IN BOOK V OF DECREES, PAGE 540; THENCE SOUTHEASTERLY, ALONG SAID CENTERLINE TO THE WEST LINE OF SAID GOVERNMENT LOT 3; THENCE NORTH 3 DEGREES 21 MINUTES 00 SECONDS WEST, ALONG SAID WEST LINE OF GOVERNMENT LOT 3, TO THE POINT OF BEGINNING. Ordinance XXX Draft Page 1 of 3
EXCEPTING THE FOLLOWING DESCRIBED PARCEL: ALL THAT PART OF GOVERNMENT LOT 3, SECTION 1, TOWNSHIP 116 NORTH, RANGE 24 WEST OF THE FIFTH PRINCIPAL MERIDIAN, LYING EASTERLY OF THE CENTER OF A CREEK WHICH RUNS GENERALLY IN A SOUTHWESTERLY AND NORTHEASTERLY DIRECTION ACROSS SAID GOVERNMENT LOT 3 AND WESTERLY OF THE FOLLOWING DESCRIBED LINE: BEGINNING AT A POINT BEARING NORTH 76 DEGREES WEST, 380 FEET FROM THE INTERSECTION OF THE SHORE OF LAKE MINNETONKA WITH THE EAST LINE OF SAID GOVERNMENT LOT 3; THENCE SOUTH 18 DEGREES 45 MINUTES WEST, 306.5 FEET TO THE CENTER LINE OF SAID CREEK; THENCE SOUTH 61 DEGREES 42 MINUTES WEST, 199 FEET; THENCE SOUTH 20 DEGREES 33 MINUTES WEST, 277.75 FEET; THENCE SOUTH 25 DEGREES 43 MINUTES WEST, 149.65 FEET; THENCE SOUTH 55 DEGREES 04 MINUTES WEST 220.15 FEET, THENCE SOUTH 72 DEGREES 10 MINUTES WEST, 15.55 FEET; THENCE SOUTH 43 DEGREES 27 MINUTES WEST, 176.00 FEET; THENCE SOUTH 51 DEGREES 04 MINUTES WEST, 141.35 FEET; THENCE SOUTH 47 DEGREES 44 MINUTES WEST, TO THE CENTER LINE OF A ROAD KNOWN AS THE EXCELSIOR AND WATERTOWN ROAD (AS THE SAME EXISTED ON NOVEMBER 18, 1941) AND THERE TERMINATING. Section 3. The rezoning of this property incorporates the following PUD (Planned Unit Development) design standards: Hawks Pointe Zoning Standards a. Intent The purpose of this zone is to create a PUD for a single-family detached housing development. The use of the PUD zone is to allow for more flexible design standards while sustaining a higher quality and more sensitive proposal. The PUD requires that the development demonstrate a high quality of design compatible with surrounding land uses as well as preservation of desirable site characteristics, open space, and protection of sensitive environmental features while achieving guided densities not be efficiently addressed through traditional zoning. Except as modified by the Hawks Pointe PUD standards, the development shall comply with the requirements of the LMR- Lake Minnetonka Residential District and Shoreland Overlay District Provisions. b. Permitted Uses The permitted uses in this zone shall be single-family detached houses and their accessory uses. Access to Lake Minnetonka over Lot 8 and Lot 9 of Block 1, Hawks Pointe, shall be limited to the owners and lawful occupants of said lots. c. Lot Requirements and Setbacks Minimum Lot size: 18,000 square feet (non-riparian); 40,000 square feet (riparian). Minimum Lot Width: 100 feet Minimum Lot Depth: 180 feet Ordinance XXX Draft Page 2 of 3
The PUD ordinance requires setbacks from roadways and exterior property lines. Lots are expected to sustain a maximum impervious surface area with the PUD. The following table displays those setbacks and the impervious surface maximum: Setback Standards Front yard : thirty (30) feet Rear yard : thirty-five (35) feet Side yard : ten (10) feet Impervious Surface Coverage Maximum: 35% Section 4. The zoning map of the City of Victoria shall not be republished to show the aforesaid zoning, but the Clerk shall appropriately mark the zoning map on file in the Clerk's Office for the purpose of indicating the rezoning and PUD standards hereinabove provided for in this ordinance, and all of the notations, references, and other information shown thereon are hereby incorporated by reference and made a part of this ordinance. Section 5. This ordinance shall be effective immediately upon its passage and publication. This ordinance shall become effective upon its passage and publication in accordance with the law. Passed and adopted this 25 th day of February, 2019 by the Victoria City Council. ATTEST: Douglas Reeder, Interim City Manager Thomas C. Funk, Mayor Ordinance XXX Draft Page 3 of 3
HAWK S POINTE LAKE ACCESS
HAWKS POINTE ORIGINAL SKETCH PL AN 2014 Proposed access path on South of Lot 9 Plan was denied by City
PUBLIC HE ARING L A K E AC C E S S Presentation by City Representative (Ben Landhauser, Community Development Director) 15 lot development 2 lots with lake Any riparian lot on lake can have a dock. There is no common dock for the development Only two lots on Lake Minnetonka would be permitted to have docks No impact will be permitted to the Bluff Line Area.
RELEVANT INFO SEGMENTS OF RCA DOCUMENT Request for Council Action Meeting Date: August 24, 2015 Subject: Hawks Pointe Rezoning Staff Contact/Department: Ben Landhauser, Community Development Director Background: Hawks Pointe was originally presented to the City in 2014 with the intent to build 13 single family lots in conformance with the Lake Minnetonka Residential and Shoreland Overlay District provisions of the City Code. The density of the overall development was proposed at 1.3 units per acre, which fell below the minimum guided density of the property (1.5 units per acre) due to restrictions of the standard zoning ordinance requirements established in the Lake Minnetonka Residential and Shoreland Overlay District provisions. The City is required to review and approve development proposals that conform to the Comprehensive Plan. In such instances where standard zoning does not enable a development to achieve a minimum guided density, the City has a Planned Unit Development Overlay District that can be used to provide greater flexibility of standard zoning requirements in cases where a property has natural and/or physical restrictions that limit the efficient use of land as guided by the Comprehensive Plan.. With this in mind the applicant revised the development to achieve the minimum guided density of 1.5 units per acre with the addition of 2 more lots, for a total of 15 single family lots. As part of making the revision to 15 single family lots, it became necessary to rezone the property to include a Planned Unit Development Overlay. All PUDs are conditional uses in residential districts of the City, which requires approval of a conditional use permit as part of the property rezoning. Commission/Committee/Citizen Comments: The Victoria Planning Commission held a public hearing on the proposed Rezoning at the September 1, 2015 meeting and recommended approval: A. Hawks Pointe CUP, Rezoing, Preliminary Plat, and Final Plat 1) Agenda Statement 15-12 2) Exhibits: Resolution 15-09, Preliminary Plat, Final Plat AGENDA STATEMENT: 15- Proposed Motions: Waive First Reading and Adopt Ordinance No. 393; Amending Section 30 by Rezoning all Property in Hawks Pointe from LMR (Lake Minnetonka Residential District) to LMR and PUD (Planned Development Overlay District); and Approve Resolution authorizing the Summary Publication of the Ordinance. Mr. Landhauser provided a description of the Hawks Pointe development. The development was originally proposed as 13 lots meeting the requirements of the Lake Minnetonka and Shoreland Overlay Districts. The current proposal includes 15 lots in order to meet the minimum guided density of 1.5 units per acre. The proposed lots are of a similar size to neighboring properties. A bluff line runs along the west side of the property and no impact will be permitted to the bluff. Outlot A and Outlot B will be dedicated to city. The PUD sets a hybrid standard between the Lake Minnetonka and Shoreland districts. The Commission questioned if it was possible to meet the minimum guided density and the Lake Minnetonka Overlays. Mr. Landhauser stated that it is not possible to meet both requirements. The Commission questioned if all exhibits have been received for the final plat and if the engineering department has reviewed the proposal. Mr. Landhauser stated that all necessary documents have been received and reviewed. The engineering department is comfortable with the proposals as the addition of the two lots have not changed the plans substantially. The Commission questioned the impervious surface maximum in the original proposal. Mr. Landhauser stated that the original proposal was 25% and the current proposal is 35% impervious surface. Further, due to the natural conditions of the site it is unlikely the lots will be able to reach 35% impervious surface coverage. Mr. Landhauser presented to the Commission two letters expressing concern for the proposal from property owners at 1150 Highway 7 and 6420 Thornberry Curve. The Commission discussed several of the concerns raised in the letters. The Commission questioned what authority the city has over docks on Lake Minnetonka, if there are any drainage concerns, the impact on the existing lift station capacity and if screening is planned between the proposed and existing developments. Mr. Landhauser stated that any riparian lot on Lake Minnetonka can have a dock. The city defers to the Lake Minnetonka Conservation Board to oversee permitting. All property owners on Lake Minnetonka are permitted four boats per dock. There is no common dock for the development, so only the two lots on Lake Minnetonka would be permitted to have docks. Mr. Landhauser stated the City Engineer does not have any concerns regarding drainage. There is an existing manhole and 8 inch gravity sewer anticipating subdivision of the property that is large enough to accommodate the proposed development. Mr. Landhauser stated that no grading will take place on the steep slopes adjoining the existing properties, allowing the existing wooded areas to be retained as screening. The Commission questioned the modifications to Highway 7. Mr. Landhauser stated that a turn lane will be added for access to the development. The Commission questioned impact on the creek located on the property. Mr. Landhauser stated that there will be no additional impact on creek. The high point changes and more storm water will drain to the storm water pond. This will allow for more infiltration prior to the water reaching the creek. The Commission questioned the review authority of the state archeologist office. Mr. Landhauser stated that it is not typical for the state archeologist office to do a review. Chair Donadio opened the public hearing at 6:51 p.m. Jon Malinski, 1150 Highway 7, stated that the creek overflowed two separate years, washing out the access driveway and sending water into some of the properties. He believes adding the hard surface area of two additional lots will cause further overflows. Mr. Malinski questioned if the ownership of the access driveway will change and he stated that the city has not maintained the access driveway as expected. Property owners have been adding rocks to prevent further wash outs of the access driveway. This access driveway is the only entry and exit point to his and neighboring properties. If the access driveway washes out, they are unable to come and go from their property. Mr. Malinski stated that the proposed storm water pond is not going to be sufficient based on the amount of water they have experienced in the last few years. Mr. Malinski requested copies of the grading and storm water plans and to discuss a maintenance agreement with the city for maintaining the access driveway in the event of a washout. Mr. Malinski further stated that getting out of the neighborhood onto Highway 7 is becoming more difficult and questioned the grade of the proposed road at the point of access to Highway 7. Mr. Landhauser stated there is an existing easement and that he will follow up on maintenance requirements of the city for the access driveway. The grade of the proposed access road to the new development is 9% with a landing at 5% before reaching Highway 7. Bob Kalla, 1200 Highway 7, stated that the sewer system sewer currently shuts off when there is a power outage, and as the lowest property he is concerned about sewer backups and the capacity of the lift station to handle an additional 15 homes. Mr. Kalla stated that the last couple years the creek overflowed onto the access driveway, resulting in a foot of water sitting over the road and debris clogging culverts. Mr. Kalla stated that he is concerned about adding more water runoff and contributing to erosion on the road. Arlene Malinski, 1150 Highway 7, stated that water coming over the road contributed to a traffic accident. Further, traffic limits the visibility on Highway 7 and questioned if there was a plan for a stoplight. She further questioned if boat access is only for the two lots on the lake and if that policy will change. Mr. Landhauser stated that no other lots will not have boat access. Cheryl Mach, 6510 Bayview Drive, stated that there will be a large impact on the woods and wildlife. The addition of the two lots to the development means her property now adjoins three lots, as opposed to two lots. Traffic makes it difficult to access Highway 7 and she is concerned about young drivers. Ms. Mach stated that the concerns of everyone should be taken into consideration. Further, the existing storm water pond on her property is currently at capacity. Mr. Landhauser stated that the pond is a development pond and not maintenance by the city. Further, the high point is property line so drainage from the proposed development will drain towards the street and not the existing pond. Trevor Minnie, 6560 Bayview Drive, stated that he will have a catchment pond in front of his property and is concerned about how the pond will be managed. Further, the traffic will make getting out of the property in the mornings difficult. Mr. Minnie requested copies of the landscape plan for the proposed development. Mr. Minnie also questioned if the development will clear the trees and replace them with smaller ones or retain the large trees. Mr. Landhauser stated that the intent is to keep as many trees as possible. The developer has a replacement requirement and the plan is to oversize the replacement trees to make up for the trees lost during construction and provide the development has a mature look. 6-B 6-B 6-B
APPROVED FINAL PLAT 15 lots 2 Riparian lots Utility Easement No access easement to lake The City did what they said they were going to do! KNOW ALL MEN BY THESE PRESENTS: Charles Cudd De Novo, LLC, a Minnesota limited liability company, owner of the following described property: Tract A, REGISTERED LAND SURVEY NO. 127, files of Registrar of Titles, Carver County, Minnesota, and, That part of Government Lot 3 and the Southeast Quarter of the Northwest Quarter of Section 1, Township 116 North, Range 24 West of the 5th Principal Meridian described as follows: Commencing at the southwest corner of said Government Lot 3; thence on an assumed bearing of North 3 degrees 21 minutes 00 seconds West, along the west line of said Government Lot 3, a distance of 465.33 feet, to the point of beginning of the land to be described; thence North 37 degrees 22 minutes 00 seconds East a distance of 194.45 feet; thence North 56 degrees 10 minutes 00 seconds East a distance of 149.20 feet; thence North 53 degrees 42 minutes 00 seconds East a distance of 127.60 feet; thence North 67 degrees 26 minutes 00 seconds East a distance of 96.10 feet; thence North 61 degrees 45 minutes 00 seconds East a distance of 352.60 feet; thence North 14 degrees 56 minutes 00 seconds West a distance of 235.50 feet; thence North 29 degrees 59 minutes 00 seconds East a distance of 236.60 feet; thence North 62 degrees 27 minutes 00 seconds West about 110 feet to the centerline of a creek running southwesterly through said Government Lot 3 and said Southeast Quarter of the Northwest Quarter; thence southwesterly, along the centerline of said creek to the centerline of State Highway No. 7 as described in Book V of Decrees, Page 540; thence southeasterly, along said centerline to the west line of said Government Lot 3; thence North 3 degrees 21 minutes 00 seconds West, along said West line of Government Lot 3, to the point of beginning. Excepting the following described parcel: All that part of Government Lot 3, Section 1, Township 116 North, Range 24 West of the Fifth Principal Meridian, lying easterly of the center of a creek which runs generally in a southwesterly and northeasterly direction across said Government Lot 3 and westerly of the following described line: Beginning at a point bearing North 76 degrees West, 380 feet from the intersection of the shore of Lake Minnetonka with the East line of said Government Lot 3; thence South 18 degrees 45 minutes West, 306.5 feet to the center line of said creek; thence South 61 degrees 42 minutes West, 199 feet; thence South 20 degrees 33 minutes West, 277.75 feet; thence South 25 degrees 43 minutes West, 149.65 feet; thence South 55 degrees 04 minutes West 220.15 feet, thence South 72 degrees 10 minutes West, 215.55 feet; thence South 43 degrees 27 minutes West, 176.00 feet; thence South 51 degrees 04 minutes West, 141.35 feet; thence South 47 degrees 44 minutes West, to the center line of a road known as the Excelsior and Watertown Road (as the same existed on November 18, 1941) and there terminating. Has caused the same to be surveyed and platted as HAWKS POINTE and does hereby dedicate to the public for public use the public way and the drainage and utility easements as created by this plat. In witness whereof said Charles Cudd De Novo, LLC, a Minnesota limited liability company, has caused these presents to be signed by its proper officer this day of, 20. Signed: CHARLES CUDD DE NOVO, LLC, Chief Manager STATE OF MINNESOTA COUNTY OF This instrument was acknowledged before me on by, Chief Manager of Charles Cudd De Novo, LLC, a Minnesota limited liability company. Notary Public, Minnesota My Commission Expires I Eric B. Lindgren do hereby certify that this plat was prepared by me or under my direct supervision; that I am a duly Licensed Land Surveyor in the State of Minnesota; that this plat is a correct representation of the boundary survey; that all mathematical data and labels are correctly designated on this plat; that all monuments depicted on this plat have been, or will be correctly set within one year; that all water boundaries and wet lands, as defined in Minnesota Statutes, Section 505.01, Subd. 3, as of the date of this certificate are shown and labeled on this plat; and all public ways are shown and labeled on this plat. Dated this day of, 20 Eric B. Lindgren, Licensed Land Surveyor Minnesota License Number 48176 STATE OF MINNESOTA COUNTY OF DAKOTA This instrument was acknowledged before me on by Eric B. Lindgren. Notary Public, Minnesota My Commission Expires VICTORIA, MINNESOTA This plat of HAWKS POINTE was approved and accepted by the City Council of the City of Victoria, Minnesota at a regular meeting thereof held this day of, 20 and said plat is in compliance with the provisions of Minnesota Statutes, Section 505.03, Subdivision 2. All monuments will be set as specified by the City Council and as stated on this plat, according to Minnesota Statute, 505.02, Subd. 1. CITY COUNCIL, CITY OF VICTORIA, MINNESOTA By: Mayor By: Clerk COUNTY SURVEYOR, Carver County, Minnesota Pursuant to Chapter 395, Minnesota Laws of 1971, this plat has been approved this day of, 20. John E. Freemyer, Carver County Surveyor By: COUNTY AUDITOR/TREASURER, Carver County, Minnesota I hereby certify that taxes payable in and prior years have been paid for land described on this plat. Dated this day of, 20. Laurie Davies, County Auditor/Treasurer By: REGISTRAR OF TITLES, CARVER COUNTY, MINNESOTA I hereby certify that this plat of HAWKS POINTE was filed this day of, 20.at o'clock.m. as Document No.. Mark Lundgren, Registrar of Titles By:
PUBLIC HE ARING S E P T E M B E R 4 T H, 2 018 Relevant Information Shared Access Easement Additional dock on Lot 8
OUR QUESTION F O R YO U Is City willing to listen to our concern? Before the Hearing, it appears builder/owner has started selling the shared lake access before approved. Realtor advertising (lake access) examples 1-2 Websites state Lake Access for homes that are not riparian lots example 3 Memo stated access for the neighbors EXAMPLE 3 EXAMPLE 1 EXAMPLE 2