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9.B.2. PRSR 01-09-2002 Item # 9.B.2. i city or Elk River MEMORANDUM TO: Park and Recreation Commission FROM: Michele McPherso irector of Planning DATE: January 9, 2001 SUBJECT: Park Dedication - Park Pointe, Case No. P 01-13 Request The Park and Recreation Commission is asked to reaffirm its decision for the subdivision of Park Pointe, Case P 01-13. Attachments • Location Map • Applicant's Narrative • Park and Recreation Commission Minutes of November 14, 2001 • City Council Minutes of December 17, 2001 • City Attorney of December 13, 2001 • Preliminary Plat Background At its December 17h meeting,the City Council tabled action on the request for preliminary plat approval os Park Pointe. The action to table was made at the request of the applicant, as there was much discussion regarding the park dedication requirements. It was clear from the discussion that the Council felt it important to resolve the connection between the two halves of the land proposed to be dedicated and it was also clear that additional land for playground equipment was also desired. The Park and Recreation Commission, at its November 14,2001 meeting, recommended that park dedication be via land. At that time, 7 acres was requested (the gross area), however,the City Attorney has indicated that the area of the water cannot be included in the area calculation (see attached opinion). The gross area of the development parcel is 54.96 acres (5.5 acres total dedication possible) �►i Ito irgi e u me ■ It II ,11 1�\ IIIIII1 el ,' 111 BOOS 1 ir_� pLV.3.1 r ' - r .40 0 �\off '`. �os���. 0 ice— �— `� �� ✓: ate, ��0,47 �i za-n & ;i t! Rte•i izA,k= — ®.n rart a �' 7. vV . 63 1 i 111111.1 HILLSDE - nonce moor CITY PARK .-- ' +y - SIAIS* ),,,\ I ma AN tag - i .VAX) mawuu£t N �J� Location Map City of Elk ^a,- Case Number: P 01 - 13 River Dr* ,omee4 DESIGN © LAND CO. ) 544 - 3RD STREET NW ELK RIVER, MN 55330 PHONE (612)441-8591 FAX (612)441-8604 Date: January 3, 2002 To: Elk River Parks Commission City Council Planning Staff 0' From: Jim Brown, Director of Development Re: Park Pointe Preliminary & Final Plat Revision The following drawings are for your review in order to show an area in addition to the area along the water to the east to be dedicated and public park. The total combined area exceeds the park dedication requirements. The City Council expressed an interest in a neighborhood park at the public hearing for this plat. The land area equals 1.19 acres and is centrally located to serve the development as well as some future development to the north. The park is partially wooded and is relatively flat making it suitable for playground equipment. Park&Recreation Commission Minutes November 14,2001 Page 3 9.A.1. Community Events: Camp Cozy Park Update - Andrew Fox Mr. Fox presented an update of his Eagle Scout project at Camp Cozy Park. He presented several photographs of the accomplishments thus far, and stated that there have been several changes made since he began the project earlier this fall: - Telephone poles that were originally going to be used to block vehicle access to the park have been replaced with wire mesh fencing due to cost, and he feels that it will have better impact to deter motorized vehicle access. - The fence-that was to be placed at the cul-de-sac on Waco Street has been move further down Waco Street and placed at a 90 degree angle from the fence at the entrance to the northern prairie in order to discourage motorized vehicles from accessing Waco Street at the cul-de-sac. - An opening at Waco Street has also been modified to allow a neighbor's access for a snow plow during the winter months. - A fence has been added to the entry way into the northern prairie to also deter access of four-wheelers which have been entering off the river path. Barton Sand &Gravel has donated several large boulders to aid in Mr. Fox's project. He is planning on having them delivered and disbursed to adjoin the gates as a natural barrier fence to aid in the deterrence of motorized vehicles from the Park. Mr. Fox has been working extensively with the neighbors who border the Park to accommodate their concerns, as well, and also inquired as to the signage for the Park. Mr. Hals said that his staff would be able to construct proper signs for Mr. Fox's project. 9.B.1. Case No. P 01-13, Preliminary Plat—Park Pointe Ms. McPherson presented the revised plat of Park Pointe,which has been submitted by the applicant. The plat is at the northwest corner of 175`x' Avenue and Fillmore Street and is comprised of 94 lots and one 5.54 acre exception which will be owned by the Mitchell family who are the current property owners. The gross area for park dedication is 74.4 acres times 10% equals 7.4 acres. The applicant is proposing park dedication of an area in the north and west portion of the site, encompassing part of Kliever's Marsh and a small trail easement area [outlot B in the southeast portion of the plat]. The total area of dry land [outlot A and outlot B] is 4.9 acres, leaving a balance of approximately 2.5 acres of land to be dedicated. The alternative for park dedication would be to accept cash for the 94 lots totaling $138,180.00, calculated at the current rate. COMMISSIONER HUBERTY MOVED TO ACCEPT THE PARK LAND ALONG KLIEVER'S MARSH, EXCEPT THE EXCEPTION AREA,AND ACCEPT A 2.5 ACRE PIECE OF LAND AROUND LOTS 1,2,AND 3 OF 176" COURT FOR THE TOTAL LAND DEDICAITON OF 7.4 ACRES. COMMISSIONER DANA ANDERSON SECONDED THE MOTION. THE MOTION CARRIED 7-0. City Council Minutes Page 8 December 17, 2001 It was the consensus of the Council to authorize the City Administrator to provide options to the Council that will bring the project to the 6-7 million dollar bond amount. 6.1. Request by Peter Rohlf for Final Plat Approval (Whipple Hill), Case No. P 01-18 Scott Harlicker indicated that Pete Rohlf is requesting final plat of Whipple Hill located at the SW corner of County Road 35 and Pascal Street. He noted that the request is to plat 10.35 acres into 8 single-family lots. Scott reviewed the staff report. Councilmember Dietz noted that he received a request from a resident of the area regarding the possibility of paving the rest of Pascal Street. He indicated that he has requested the City Engineer to discuss the issue with the neighbors. COUNCILMEMBER KUESTER MOVED TO ADOPT RESOLUTION 01-83 GRANTING FINAL PLAT APPROVAL FOR WHIPPLE HILL- CASE NO. P 01-18. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 5-0. 6.2. Request by Cascade I Land Company for Final Plat Approval (Cascade Industrial Park), Case No. P01-20 Scott Harlicker indicated that Cascade Land Company has requested Final Plat of Cascade Industrial Park located at Jarvis Street and 161s`Avenue alignment. The plat includes subdividing approximately 47 acres into 19 lots and 2 outlots. Scott reviewed the staff report. Jim Brown representing Cascade I Land Company discussed how the future industrial needs might affect the layout of the plat. COUNCILMEMBER KUESTER MOVED TO ADOPT RESOLUTION 01-84, GRANTING FINAL PLAT APPROVAL FOR CASCADE INDUSTRIAL PARK, CASE NO. P 01-20. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 5-0. 6.3. Request by Cascade Land Company for Land Use Amendment to Include Certain Property in the Urban Service District - Public Hearing 6.4. Request by Cascade Land Company for Preliminary Plat Approval (Park Pointe), Public Hearing- Case No. P 01-13 Staff report presented by Scott Harlicker. Scott Harlicker indicated that Dynamic's Design and Land Company has requested a land use amendment to bring a 79-acre parcel into the Urban Service District prior to 2007, and a preliminary plat of Park Point. He indicated that the area of the proposal is located at the NW corner of 1756 Avenue and Filmore Street. Scott explained that the property is currently the Urban Service District but is not scheduled to receive municipal sewer and water until 2007, unless requested by the property owner. Scott noted that the preliminary plat is comprised of 97 lots, an exception and 8 outlots on 64.13 developable acres. Scott City Council Minutes Page 9 December 17, 2001 indicated that the Planning Commission voted to approve the land use amendment and preliminary plat with a 3-2 vote. Councilmember Motin disclosed that he is representing the Mitchells. He indicated that he continues to feel that this area should be in the urban service area, however, when the discussion regarding platting takes place he will step down from the Council table. Councilmember Kuester questioned what 1756h Court connected to. Scott indicated that it would connect to Outlot E when it is platted. Mayor Klinzing opened the public hearing. Bruce Goetz, owner of 20 acres to the north of the subject site, noted his concerns about future sewer and water costs. He asked how much he would be assessed. City Engineer Terry Maurer indicated that trunk sanitary sewer and water costs approximately $6,300 per acre. There being no further comments, Mayor Klinzing closed the public hearing. COUNCILMEMBER DIETZ MOVED TO ADOPT RESOLUTION 01-85 TO BRING CERTAIN PROPERTIES INTO THE URBAN SERVICE DISTRICT CASE NO. LU 01-10. COUNCILMEMBER TVEITE SECONDED THE MOTION. Mayor Klinzing indicated that she would be voting against the motion to be consistent with her past votes on this issue relating to the need to slow the rate of growth. THE MOTION CARRIED 4-1. MAYOR KLINZING OPPOSED. Preliminary Plat Approval (Park Pointe), Public Hearing- Case No. P 01-13 Councilmember Motin stepped down from the Council table at this time. Discussion was held regarding the Park and Recreation Commission's recommendation for park dedication. The Park Commission recommended a land donation of 10%; an additional .863 acres is needed. The developer proposed a cash dedication for the .863 acres. The Council discussed several issues relating to the park dedication. City Attorney Peter Beck recommended a condition regarding park dedication for Outlot E when it is replatted in the future. Mayor Klinzing opened the public hearing. Bruce Goetz questioned the method of assessing for trunk sewer and water when flood plain or wetlands are involved. The City Engineer indicated that wetlands would be excluded from the calculation. City Council Minutes Page 10 December 17, 2001 There being no further comments, Mayor Klinzing closed the public hearing. The Council recessed at 8:35 p.m. and reconvened at 8:45 p.m. COUNCILMEMBER KUESTER MOVED TO TABLE THE REQUEST FOR PRELIMINARY PLAT OF PARK POINTE, CASE NO. P-01-13 UNTIL JANUARY 22, 2002, SO THAT THE PARK DEDICATION REQUIREMENTS OF THE PLAT CAN BE REVIEWED BY THE PARK AND RECREATION COMMISSION AND STAFF. COUNCILMEMBER TVEITE SECONDED THE MOTION. THE MOTION CARRIED 4-0. COUNCILMEMBER MOTIN DID NOT TAKE PART IN THE DISCUSSION OR VOTE ON THIS ISSUE. 6.5. Request b D.R. Horton for Rezonin: from Rid to R3 rott Brook South Public Hearing- Case No. ZC 01-07 Staff report presented by Director of Planning Michele McPherson. Michele noted that D.R. Horton is requesting to rezone from Rld, Single Family Residential, to R3, Townhome District, in order to allow a mixed residential use to be approved. The property is located at the southeast corner of the intersection of Twin Lakes Road and County Road 12. Michele noted that the Planning Commission recommended approval of the zone change. Mayor Klinzing opened the public hearing. There being no one for or against the matter, Mayor Klinzing closed the public hearing. COUNCILMEMBER TVEITE MOVED TO ADOPT ORDINANCE 01-16 AMENDING THE CITY OF ELK RIVER ZONING MAP TO REZONE CERTAIN PROPERTIES AS DESCRIBED - CASE NO. ZC 01-07. COUNCILMEMBER KUESTER SECONDED THE MOTION. THE MOTION CARRIED 5-0. 6.6. Request by D.R. Horton for Preliminary Plat Approval (Trott Brook Farms South), Public Hearing- Case No. P 01-14 Staff report by Director of Planning Michele McPherson. Michele indicated that the developer is requesting a preliminary plat consisting of 149 dwelling units on 38 acres of land located at the southeast corner of the intersection of Twin Lakes Road and County Road 12. Michele noted that the Planning Commission recommended approval of the preliminary plat with 27 conditions. Mayor Klinzing opened the public hearing. Tom Bakridges, project manager, introduced himself to the Council and thanked the staff and members of the Planning Commission and Council for their work on the project. G R A Y 3400 CITY CENTER CONSULTING OFFICE,BEIJING CHINA 33 SOUTH SIXTH STREET PLANT MINNEAPOLIS,MN 55402-3796 MOOTY 612343-2800 Fax:612 333-0066 WEB SITE:www.gpmlaw.com MEMORANDUM TO: Michele McPherson FROM: Peter K. Beck, Charles D. Wilson RE: Park Dedication Requirements for the Park Point Subdivision DATE: December 13, 2001 This memorandum is in response to your request for our opinion regarding the appropriateness of including the lake surface area when calculating the total area of the Park Point Subdivision for park dedication purposes. The reasonableness of a municipal requirement for the dedication of land is analyzed in light of the need created for the land required to be dedicated. The city must show a relationship between the development and the city's need for land dedication. To meet this burden the city must show an essential nexus between a legitimate state interest and the condition exacted. (see Kottschade v. City of Rochester, 537 N.W.2d 301 (Minn. Ct. App. 1995; citing Dolan v. City of Tigard, 512 U.S. 374, (1994)) Once the city has demonstrated that a nexus exists, the city must then demonstrate a rough proportionality between the development and the dedication requirement. Kottschade at 308. It is clear that there is an essential nexus between residential development and the need for park land, so park dedication requirements are lawful. The Minnesota Supreme Court has found that a 10% park dedication requirement is reasonable (see Collis V. City of Bloomington, 246 N.W.2d 19 (Minn. 1976), and this is the standard which Elk river has adopted. This standard is based on the finding that a certain amount of development will cause a corresponding need for park resources, as a percentage of the land developed. Including the publicly owned lake surface within the "undeveloped land to be subdivided" for the purposes of calculating the park dedication requirement raises a number of concerns. First, we are not sure it is consistent with the subdivision ordinance, which speaks of the "undeveloped land". More importantly, we are not sure that including the lake surface in this calculation, while excluding it when calculating density, is consistent with the constitutional "rough proportionality"test. If the presence of the lake within the subdivision diminishes the number of units allowed in the subdivision, it would, presumably, also diminish the need for park resources created by the subdivision. It could also be seen as imposing a double burden on the subdivider. For these reasons, we would recommend against including the lake surface. If you have any questions regarding this analysis, please do not hesitate to contact either of us. GP:85044I v2 r % �-=ua 1 I I r i` w..r��.er d.n,/v ,/. s.c, rmarze I. \\ ✓/ - - .I �' , ' S01431'244W 1316.43• 15.70 Z 1300.73 `-'°�. `® 0 m�/ O$ u \3Y I ✓f >Z 5q/ g6 -till II M XI )>1 1 • I ----C A rt a ° A IINcs1 la \----: arl I\[ms i d In /:.0 89. £§ • qI a . I - - Yq 1 8 IL 1 • IE r• 4, _.0 , Iry�-1 i y. I y 1 I p� 6Ba �. 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'' b ,, a° ' I� q . 110 eaII '.9N , ' g� j1E : : a 1n1 r q �- 4 ,a \ am , ° q it li_y Pk Li_ , q r--. n •• L 179 ao ii na AVp3 ' °' m , \ -yy o ' 6 / :I 8 - •.. _• ,.0 501445'084W a t312.35.._�a-•, �IL�GL� r — € _ ° "' jj w i �� Mr IN y �_. RI - o ow . 1 o i 1/ l. - C' 7 f L l � !! ENO u.er n.n zw .,s I.r.° u b x F � Item # i Elk River MEMORANDUM TO: Park and Recreation Commission FROM: Michele McPherso ,';rector of Planning DATE: January 12, 2002 SUBJECT: Supplemental Action — Park Dedication, Park Pointe Case No. P01-13 The memo you received in your packet regarding the park dedication for Park Pointe did not address the exception which will be retained by the Mitchell's,current owners of the subject property. This exception will be platted at some time in the future when the Mitchell's choose to construct a home on the site. Staff recommends the Commission make the following motion regarding this issue: "The Park and Recreation Commission will require for park dedication purposes,dedication of land from the replat of Outlot E equal to 10 percent of the land area. Such dedication will be adjacent to the water's edge linking the parcels given from Park Pointe." The developer is meeting the 10%land dedication requirement for that portion of the site being platted. S:\PLANNING\Case Files\P 01-13\p01-13P&R2.doc