7.2. SR 08-18-2014 City of
Elk=' Request for Action
River
To Item Number
Mayor and City Council 7.2
Agenda Section Meeting Date Prepared by
Public Hearinj lAugust 18, 2014 Zack Carlton, Planner I
Item Description Reviewed by
Meadow Creek Builders Jeremy Barnhart,Deputy Director, CODD
1. Conditional Use Permit: Planned Unit Reviewed by
Development Cal Portner, City Administrator
2. Ordinance: Zone Change from R3
Townhome /Multi Family Residential to
Planned Unit Development
3. Resolution: Easement Vacation for Kliever
Lake Fields East 4"'Addition
4. Preliminary Plat and Resolution Granting
Final Plat for Kliever Lake Fields 5"'
Addition
Action Requested
1. Approve,by motion, Conditional Use Permit (CUP), Case No. CU 14-17 to establish a Planned Unit
Development (PUD) for Meadow Creek Builders with the following conditions:
1) Submittal of written confirmation that floor plans,building elevations, and building materials are
consistent with Kliever Lake Fields 4"'Addition.
2) Submittal of an updated landscape plan addressing staffs comments in the letter dated July 16,
2014.
3) A PUD agreement shall be developed and signed by both parties prior to issuance of a building
permit.
4) Repair of trail between 180"'Lane and Johnson Street before a building permit is issued.
2. Adopt,by motion,an ordinance amending City of Elk River zoning map to rezone certain property
from R3,Townhouse to PUD, Planned Unit Development, Case No ZC 14-02
3. Adopt,by motion,a resolution to vacate a drainage and utility easement, Case No. EV 14-01
4. Approve,by motion,preliminary plat and adopt resolution granting final plat for Kliever Lake Fields
5"'Addition, Case No P 14-07 with the following conditions:
1) All necessary permits must be acquired before any work in the right-of-way begins.
2) Extend the proposed drainage and utility agreements to a line equal to the backside of the
existing townhome lots.
3) Prepare a homeowners association agreement per Section 30-944 for review and approval by the
City Attorney.
4) Submit a maintenance agreement, for city approval, outlining ownership and maintenance
responsibilities for the common areas.
5) Plat ouflots A&B as parcels with lot and block designations.
P a w E R E U 6 Y
Template Updated 4/14 INIM UREI
6) All mailboxes be clustered.
7) Any item or condition found that indicates the site is likely to yield information important to
pre-history or history shall be reported to the city immediately. Further,the city reserves the
right to stop work authorized in its approval until the site is appropriately investigated and work
is authorized.
Background/Discussion
Case No. CU 14-17, ZC 14-02, EV 14-01, P 14-07
The applicant is proposing to re-plat 36 townhome units in the Kliever Lake Fields East development as
22 single-family lots. The new development will be called Kliever Lake Fields 5`''Addition. Building sizes
and types will be similar to the Kliever Lakes Field 4`''Addition approved in 2013. To construct the
project, five applications require City Council approval and include a request to change the zoning from
R3 Townhouse/Multiple Family Residential to PUD, a CUP to establish a PUD district, and a
Preliminary and Final Plat.
Additionally, the City Council approved three Lot Split requests on July 21, 2014,which were needed to
create the property for the Plat.
Planning Commission
The Planning Commission did not have any concerns and unanimously recommended approval of the
Zone Change, Preliminary Plat, and Conditional Use Permit.
Public Hearing
During the public hearing the applicant spoke and expressed opposition to condition#7 associated with
the CUP, and requested that the condition be removed. The item requires the applicant to reconstruct the
trail between 180"'Lane and Johnson Street. The trail is currently in a state of disrepair and was dedicated
to the city,along with the other public improvements,when the Kliever Lake Fields East Plat was
developed. The applicant argues that the trail should have been maintained by the city after acceptance.
Staff does not recommend removing the condition as the trail will serve the residents of the development
and the greater neighborhood.
Easement Vacation
The applicant is requesting the existing drainage and utility easements associated with the Kliever Lake
Fields East Plat be vacated.With the re-platting of the area,the land dedicated to single-family homes and
the common area changes. The easement inhibits the development of the project,and the vacation does
not negatively impact the ability to provide and maintain services.
New drainage and utility easements will be recorded with the Final Plat for Kliever Lake Fields 5"'
Addition.
Financial Impact
None
Attachments
• Location Map
• Planning Commission Packet dated July 22, 2014
N:\Public Bodies\Agenda Packets\08-18-2014\x7.2 sr Kliever Lake Fields 5.docx
• Landscape Plan received August 8, 2014
• Final Plat received August 8, 2014
• Resolution for Final Plat
• Resolution for Easement Vacation
• Ordinance Amendment for Zone Change
N:\Public Bodies\Agenda Packets\08-18-2014\x7.2 sr Klievei Lake Fields 5.docx
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c *ive�r Request for Action
To Item Number
Planning Commission 5.4
Agenda Section Meeting Date Prepared by
Planning Items July 22, 2014 Zack Carlton,Planner I
Item Description Reviewed by
Request by Meadow Creek Builders for: Jeremy Barnhart,Deputy Director, CODD
a. Zone Change R3 to PUD, ZC 14-02
c. Preliminary Plat Khever Lake Fields 5th, P 14-07 Reviewed by
b. CUP to Establish PUD, CU 14-17
Action Requested
Recommend, by motion, approval of the request by Tim Pomerleau of Meadow Creek Builders for a
Zone Change.
Recommend,by motion,approval of the request by Tim Pomerleau of Meadow Creek Builders for the
Preliminary Plat for Khever Lake Fields 5" Addition with the following conditions:
1. All necessary permits must be acquired before any work in the right-of-way begins.
2. Extend the proposed drainage and utility agreements to a line equal to the backside
of the existing townhome lots.
3. Prepare a homeowners association agreement per Section 30-944 for review and
approval by the City Attorney.
4. Submit a maintenance agreement, for city approval, outlining ownership and
maintenance responsibilities for the common areas.
5. Plat outlots A& B as parcels with lot and block designations.
Recommend, by motion, approval of the request by Tim Pomerleau of Meadow Creek Builders for a
Conditional Use Permit (CUP) to establish a Planned Unit Development (PUD) with the following
conditions:
1. Submittal of written confirmation that floor plans, building elevations, and building
materials are consistent with Kliever Lake Fields 4`h Addition.
2. Submittal of an updated landscape plan addressing staffs comments in the letter
dated July 16,2014.
3. A PUD agreement shall be developed and signed by both the parties prior to
issuance of a building permit.
4. Repair the trail between 180`h Lane and Johnson Street before a building permit is
issued.
Background/Discussion
The applicant is proposing to re-plat 36 townhome units in the Khever Lake Fields East development as
22 single-family lots. The new development will be called Khever Lake Fields 5" Addition and building
sizes and types will be similar to the 4`" addition approved in 2013. The market has been favorable with
the 4`" addition, and the applicant hopes the same success will continue with the proposed project.
PONEIEI IV
Template Updattd 4/14 NATURE
Three applications require a Planning Commission recommendation and include a request to change the
zoning from R3 Townhouse/Multiple Family Residential to Planned Unit Development (PUD), a
Conditional Use Permit (CUP) to establish a PUD district, and a Preliminary Plat.
Additionally, the City Council will act on three Lot Split requests July 21, 2014,which are needed to
create the property for the Plat. With a Planning Commission recommendation on July 22, 2014, the
applications will go to the City Council meeting on August 18, 2014,where they will take action on an
Easement Vacation request.
The subject properties are 7.60 acres in total and are bordered by single-family and townhouse
development.
Analysis
Plat
The preliminary plat includes the re-platting of 36 townhome lots and three common lots into 22 single-
family lots, three common lots for access and utilities, and two outlots containing drainage ponds. The
street right-of-way and street are in place will not be modified as part of this project. Staff recommends
that the two oudots be platted with a lot and block designation as the pond is the end use for those
parcels.
Site Plan
The existing sidewalk along the north and east sides of Grant Street/180th Lane NW and the trail
connection between Grant and Johnson Streets will remain in place. There are 10 existing parking stalls
designated for guest parking on lot 10, block 1, and two guest parking stalls in front of lot 6, block 3, are
being removed to make room for a driveway. City code requires 11 guest parking stalls,but with the re-
platting from townhouse to single-family, additional on-street parking is made available. If the Planning
Commission agrees, staff is comfortable varying from the zoning requirement to permit the 10 spaces to
satisfy the guest parking requirement as part of the PUD process.
Each of the 22 single-family homes have their own lot and include a separate driveway with access to a
public street. Proposed setbacks are 21 feet from the front lot line, five feet along the sides, and 10 feet
from the rear lot line. This is a reduction from the required 30 foot front and 10 foot side setback
requirements. The applicant is requesting the reduced setbacks as dispensation for reducing the gross
density of the plat from 11.00 units/acre to 6.73 units/acre. Staff is comfortable with this change as the
proposal is similar to the Khever Lake Fields 4th addition approved last year,and currently under
construction. The side yard setback is the same as the current garage setback, and the 21 foot front yard
setback provides enough space to park a vehicle out of city right-of-way.
Grading and Drainage
Minimal grading modifications are required and no impacts to the ponds are proposed. Silt fence will be
installed to prevent materials from reaching the ponds and existing stormwater inlets are protected from
sediment runoff. The site plan modifications reduce total impervious area by 10,000 square feet, ensuring
impacts to the ponds are within design parameters.
Utilities
Each unit is required to be individually served by both city water and sewer. Public improvements were
installed as part of the Khever Lake Fields East project and include 36 connections. With the reduction
from 36 to 22 dwelling units, 14 of these connections will need to be abandoned. Prior to application
N.\Departments\Commuruty Dcvelopmcnt\Planning\Case Fdcs\P\P 14117 KhcN-cr Lakc Folds 5th\P 14-07 Khever lake Fields 5 SK to PC docx
submittal, city staff met with the developer and, per guidance from the City Engineer and Water
Superintendent, came to an agreement regarding where and how the lines will be abandoned. The 14
water connections will be abandoned at the main line,impacting the street and curb, and the sanitary
connections will abandoned at the property line,with no impacts in the public right-of-way expected.
Building and Architecture
Floor plans and elevations were not included with the application packet, but the developer stated the
buildings will echo the Kliever Lake Fields 4th development. Each home will require a 584 SF garage, and
floor plans, materials and colors need to be identified before Final Plat approval.
Landscaping
The landscaping plan includes overstory trees spaced approximately 30 feet apart along both sides of
Grant Street/180th Lane. Screening between the homes east of 180th Lane and County Road 12 is
provided as required by R-3 zoning standards. Staff requests additional screening be provided northeast
of lot 9,block 1, to act as a buffer between the backside of the proposed home and the front of adjacent
residences. Additionally, the vegetative buffer for County Road 12 should extend to the northwest corner
of lot1, block 1, and include evergreens for better screening.
Applicable Regulations
Subdivision
These findings are necessary for City Council approval of the preliminary plat and the final plat:
1. The proposed subdirision is consistent with the tinning regulations(article VI of this chapter) and conforms in all
respects with all requirements of this Code, including the Zoning regulations and this article.
2. The pmposed subdivision is consistent with all applicable general and specialitied city, couqy, and regional plans,
includin& but not limited to, the city's comprehensive development plan.
3. The plysical characteristics of the site, including but not limited to topograply, soils, re elation, susceptibility to
emsion and siltation, susceptibility to flooding, and drainage are suitable for thee and density of development
and uses contemplated.
4. The proposed subdivision makes adequate pm7rision for water supply, storm drainage, sewage transportation,
erosion control and all other services,facilities and improvements otherwise required in this article.
5. The pmposed subdivision will not cause substantial entrimnmental damage.
6. The pmposed subdivision will not conflict with easements of record or with easements established b_y judgment of a
court.
7. The pmposed subdivision will not have an undue and adverse impact on the reasonable development of•neighboring
land.
8. The proposed subdivision is not premature.A subdivision is premature ij•aly oj'the following e.x sts.
a. Lack of adequate stormwater drainage.
b. Lack of adequate roads.
C. Lack of adequate sanitary sewer systems.
d. Lack oj•adegarate off-site public improvements or support systems.
In the review of these standards,it appears that the request is consistent with all of these standards.
Conditional Use Permit
The issuance of a Conditional Use Permit can be ordered only if the use at the proposed location:
1. Vi!l not endanger, injure or deltimentaIj q#ea the use and eiyoyment of other pmper y in the immediate ricinity
or the public health, safety, morals, comfort, convenience orgeneral welfare of the neighborhood or the city.
N\Departments\Community DcvC1opmcnt\P1ammng\Case Idle,\P\P 14-07 k1m cr lake Fields 5th\P 14-07 Klicvcr Lake Fields 5 SR to PC docx
2. Will be consistent with the comprehensive plan.
3. Will not impede the normal and orderly development and improvement of surrounding vacantpmperty.
d. Will be served adequately by and will not adversely affect essential publicJacilities and seances including streets,
police and fire protection, drainage, refuse disposal, water and sewer systems,parks and schools;and will not, in
particular, create traffic congestion or interference with trafc•on adjacent and neighboring public thoroughfares.
S. Will not involve uses, activities,processes, materials, equipment and conditions of operation that will be
detrimental to any persons orproperty because of excessive traffic, noise, smoke,James,glare, odors, dust or
vibrations.
6. Will not result in the destruction, loss or damage of a natural, scenic or historic feature of major importance.
7. Will fully comply with all other requirements of this Code, including ary applicable requirements and standards
fbr the issuance of a license orpermit to establish and operate the proposed use in the city.
In addition to these criteria, the following information must be included in a Planned Unit Developments
PUD development plan. If•the council approves the conditional use permit for the planned unit development,
approval of the conditional use permit shall include approval oJ•a specific PUD development plan. The PUD
development plan shall include:
7.A site plan for the PUD, including location, s'-e and use of all lots, buildings,parking areas,ponding
areas,parks and open spaces.
2. Building elevations illustrating uniform design elements, building materials and color schemes.
3.A plan for the installation of•on-site and off site public improvements(including utilities, streets, etc.
necessary to serve the PUD.
d.A unified landscape plan including beans, screening and landscaping materials.
5.A uniform sigrvage plan including location, type and sitie of signage.
An updated landscape plan, floor plans, elevations, and materials list are required for satisfaction of these
requirements. Submittal of the plans is a condition for approval.
Zone Change
Comprehensive Plan
The subject properties have a land use designation of Urban Residential. This category includes land
guided for use in areas that will be served by the municipal sanitary sewer system. The Urban Residential
land use designation is guided by the density of the development and not the type of housing,with an
intended average density of three to four dwelling units per acre.
The proposed development will be served by city sewer and water, and with 22 single-family units, the
proposed gross density is 2.89 units per acre. The PUD district will establish guidelines similar to the R3
district,but with reductions in front and side yard setbacks.
A�ylicable Regulations
In reviewing a proposed amendment, consideration shall begiven to existing conditions within the area directly and indirectly
affected by the proposal, the conservation ofproperty values, the use to which the property affected is being devoted at the time,
and relevant provisions, if arty, in the land use plan.
The Comprehensive Plan guides the property for Urban Residential uses. The purpose of the
Comprehensive Plan is to establish a framework and expectations as to the future use of land.
NADcpartments\Community I)c-clopmcnt\Plannvig\Case Idles\P\P 14-07 Khev er hake Fields 5th\P 14-07 Klicvcr Lake Fields 5 SR to PC doc\
In the review of the standards for a Zone Change as outlined, the request is consistent with these
standards.
Financial Impact
None
Attachments
• Location Map
• Applicant Narrative date June 27, 2014
• Staff Comment Letter dated July 16, 2014
• Preliminary Plat dated June 30, 2014
• Existing Conditions Map dated June 30, 2014
• Site Plan dated June 30,2014
• Removal and Utility Plan dated June 30, 2014
• Grading and Erosion Control Plan dated June 30, 2014
• Development Plan dated June 30, 2014
• Landscape Plan dated June 30, 2014
N\Departmcnts\Community 1)ecc1opment\P1anning\Case bile,\P\P 14-07 Khecer Lakc Fields 5th\P 14-07 Khe\-er lake Fields 5 SR to PC docx
To: City of Elk River
From: Meadow Creek Builders-Tim Pomerleau
Re: Kliever Lake Fields 5`b Addition
Date: June 27,2014
MEMO
Kliever Lake Fields 5b Addition is a 22 unit single family development within Kliever Lake Fields
located directly west of Kliever Lake Fields 0 Addition. Kliever Lake Fields is a development that
began over 8 years ago with a mix of single and multi family products. This application is requesting to
re-plat the 5'h addition in a similar manner that we re-platted the 4'h addition changing the site plan from
townhomes to a single family detached product.
The applications being made are a re-zoning from R-3 to PUD,a conditional use permit for the PUD,
preliminary plat,and final plat.
The original plat is for 36 row townhomes. As with Kliever Lake Fields 4`h Addition,these types of
townhome units are still not viable to build new. Since the housing market crash starting several years
ago,the market for this type of unit has suffered greatly. There are still townhome foreclosures in the
area that are selling for well below what we could build them for brand new. The townhome market is
still healing and until that comes back in this area,it is not in anybody's best interest to put brand new
townhomes on the market that may not sell for quite some time. We are seeing really good signs with this
type of reduced lot single family home and there are neighborhoods similar to the one we are proposing
that are having great success all over the metropolitan area including right here at Kliever Lake Fields 0.
We plan on placing a starting price for these homes at$210,000 which will once again provide a single-
family home buying option to buyers who do not want a townhome and are not able to enter the higher
price point single-family home markets. Not only are the types of homes we are proposing more viable in
today's market but they will make a very nice single family addition and an additional life-cycle housing
choice to Elk River and to the Kliever Lake Fields neighborhood.
We would like to request 10' between buildings and 21' setback along the internal right of way. Because
we are reducing the density on this plat,we are requesting some dispensation in the setback requirements
so we can get 22 single family lots. We will provide a vegetative buffer between the homes and the pond
on the north acting as a screen for 181 `Avenue NW.
We appreciate you taking the time to consider our PUD application. We look forward to working with
the City once again on Kliever Lake Fields 5t`Addition and we are confident we will provide another
successful,attractive new neighborhood to the City of Elk River.
c ly of
Elk -,--
Rive r
13065 Orono Parkway
I U River,NIN 55330
July 16,2014
Tim Pomerleau VIA EMAIL: meadowcreek5l @hotmail.com
Meadow Creek Builders
6382 Balsam Lane N
Maple Grove,MN 55369
RE: Staff Comments:
Zone Change R3 to PUD, Conditional Use Permit, Easement Vacation, and
Preliminary and Final Plat—Miever Lake Fields 5r''Addition
Dear Mr.Pomerleau,
The completeness letter dated July 10,2014,noted your applications submitted on June 30, 2014, for
the above projects are complete and established a timeline for action. Staff conducted a review of
the materials submitted, and has the following comments and recommendations. These are intended
to bring the property in line with current city requirements and should be addressed on future plans.
It is helpful to include a response letter to the comments below.
General
1. The new drainage and utility easements cover less than the current easements. Please extend
the easements to the backside of the current townhome lots, ensuring access for future
maintenance activities.
2. Include outlots A &B as platted lots instead of outlots. Outlots are an interim designation
used when platting multiple phases of a project. The ponds within the oudots are the end
use for those parcels and should be platted with a lot and block designation.
3. Please repair the trail between 180th Lane and Johnson Street.
4. All necessary perinits must be acquired from the city before any work in city right-of-way
begins.
R-3 Residential versus Planned Unit Development Zoning
5. A Planned Unit Development (PUD) agreement will be drafted and signed by the city and
developer. It is our goal to have this included in the Council agenda when the plat is ready
for approval, to avoid any delays.
6. Staff supports the application to rezone to PUD to provide some flexibility in the setback
requirements and housing styles. However, the project must remain consistent with the rest
of the R-3 zoning requirements, similar to how KLF 4"'was handled. The following
comments reflect the requirements of Section 30-994. R-3 townhome district:
Phone: 763.635.1000
Fax: 763.635.1090 P 0 w E A 1 0 B
www.ci.elk-river.mn.us INATUREI
a. Submit building elevations and floor plans illustrating building materials and colors,
and identifying the interior storage space within each unit. (30-994 (f) (2))
b. Indicate the garage size on the floor plan. For single-family detached townhomes
without a basement, the minimum garage size is 584 square feet. (30-994 (f) (3))
c. Guest parking must be provided at a rate of one stall per two units. The proposed
22 units require 11 off street parking stalls. The site plan shows 10 stalls. Please add
at least one additional off-street parking stall. (30-994 (g) (2))
7. A Homeowners association agreement (pursuant to Minnesota Statutes ch. 515A,article 2
for condominiums, or Minnesota Statutes ch. 515B, for townhome subdivisions) will need
to be prepare to govern the maintenance of the common areas,parking areas,and utilities
prior to approval of the Final Plat. Please provide a copy of those documents for review by
the City Attorney. (30-994 (k))
Utilities
8. Per earlier meetings, and at the direction of the City Engineer and Elk River Municple
Utilities,it is noted that 14 in-place water service connections are being abandoned at the
main line to accommodate the reduction from 36 to 22 dwelling units.
9. Additionally, 14 in-place sanitary service connections are being abandoned at the right-of-
way line to accommodate the reduction in dwelling units.
Landscaping
10. Staff recommends replacing the Autum Blaze Maples with a different variety or species.
The hybrid has long term survivability issues with weak wood and branches.Alternatives
may include `accolade' or`New Horizon'Elms and`Skyline'Honeylocusts.
11. Please provide additional screening between lot 9, block 1 and the adjacent driveway
serving the Kliever Lake Fields 4"' development.
12. Include three additional evergreen trees in the northwest corner of lot1,block 1, to
complete the buffer along County Road 12.
It is helpful to provide a written response letter to these comments, along with revised drawings. If
you have any questions I can be reached at 763.635.1035. This comment letter will be included in
the staff report for the Planning Commission meeting on July 22, 2014,and satisfaction of the
comments will be a condition for approval.
Sincerely,
Zack Carlton,Planner I
City of Elk River
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City of
Elk
River
Resolution 14-
A Resolution of the City of Elk River Granting Final Plat of Kliever Lake
Fields Sth Addition
Case No. P 14-07
WHEREAS, application has been made for final plat approval,pursuant to Section 30-374
of the Elk River City Code of Ordinances, of the property legally described on attached
Exhibit A and hereinafter referred to as "the Property"; and
WHEREAS, a preliminary plat of the Property was approved by the City Council on
August 18, 2014; and
WHEREAS, the proposed final plat is consistent with the preliminary plat as approved by
the City Council; and
WHEREAS, the proposed final plat complies with each of the conditions set forth by the
City Council in its approval of the preliminary plat of the Property;
NOW, THEREFORE, BE IT RESOLVED
1. It is hereby determined by the City Council for the City of Elk River as follows:
A. The proposed subdivision is consistent with Chapter 30 of the City Code of
Ordinances and conforms with all of its requirements.
B. The proposed subdivision is consistent with all applicable general and
specialized city, county, and regional plans including, but not limited to, the
City's Comprehensive Plan.
C. The physical characteristics of the site,including, but not limited to,
topography, soils,vegetation, susceptibility to erosion and siltation,
susceptibility to flooding, and drainage are suitable for the type and density
of development and uses contemplated.
D. The proposed subdivision makes adequate provision for water supply, storm
drainage, sewage transportation, erosion control and all other services,
facilities and improvements otherwise required herein.
E. The proposed subdivision will not cause substantial environmental
damage.
P O w E R E U 9 1
1`4 U
F. The proposed subdivision will not conflict with easements of record or with
easements established by judgment of a court.
G. The proposed subdivision will not have an undue or adverse impact on the
reasonable development of neighboring land.
2. Final plat approval is hereby granted for the Property, subject to the conditions set
forth in attached Exhibit B.
3. The officers of the City are hereby authorized, once the conditions set forth in
Exhibit B are met and complied with,to sign the final plat for the Property and to
issue a certified copy of this Resolution giving final approval of the plat.
4. The owner of the Property is authorized to record the final plat as required by law
and shall file proof of said recording with the City. No building permits will be
issued for the Property until the final plat is recorded.
5. This final plat approval shall expire two years from the date of this resolution if the
final plat is not recorded within that time.
Passed and adopted this 18th day of August 2014.
John J. Dietz,Mayor
ATTEST:
Tina Allard, City Clerk
P O W E R E D 0 Y
1`4 U
EXHIBIT A
LEGAL DESCRIPTION
Lot 23, Block 1, KLIEVER LAKE FIELDS EAST, according to the recorded plat thereof,
Sherburne County, Minnesota. EXCEPT all that part thereof lying westerly of the following
described line and its southerly extension:
Commencing at the northeast corner of said Lot 23; thence on an assumed bearing of North
89 degrees 38 minutes 24 seconds West along the north line of said Lot 23, a distance of
233.48 feet to the point of beginning of the line to be described; thence South 19 degrees 58
minutes 16 seconds West, a distance of 193.13 feet to the south line of said Lot 23 and there
terminating.
Together with:
Lot 7, Block 1, KLIEVER LAKE FIELDS EAST, according to the recorded plat thereof, Sherburne
County, Minnesota. EXCEPT all that part thereof lying westerly of the following described line:
Commencing at the northeast corner of Lot 23,Block 1, said KLIEVER LAKE FIELDS EAST;
thence on an assumed bearing of North 89 degrees 38 minutes 24 seconds West along the north line
of said Lot 23,a distance of 233.08 feet to the point of beginning of the line to be described;thence
South 19 degrees 58 minutes 16 seconds West, a distance of 193.13 feet to the south line of said Lot
23 and there terminating.
Together with:
Lots 8 thru 22 inclusive, Block 1, said KLIEVER LAKE FIELDS EAST.
Together with:
Lot 21, Block 2, KLIEVER LAKE FIELDS EAST, according to the recorded plat thereof, Sherburne
County,Minnesota. EXCEPT all that part thereof lying northerly of the following described line and its
easterly and westerly extensions:
Commencing at the northwest corner of said Lot 21; thence on an assumed bearing of South I l
degrees 22 minutes 31 seconds East along the west line of said.Lot 21, a distance of 11.4.52 feet to the
point of beginning of the line to be described;thence South 89 degrees 38 minutes 24 seconds East,a
distance of 212.01 feet to the east line of said Lot 21 and there terminating.
Together with:
Lots 5 thru 20 inclusive,Block 2, said KLIEVER LAKE FIELDS EAST.
Together with:
Lots 1 thru 5 inclusive, Block 3, KLIEVER LAKE FIELDS THIRD ADDITION, according to the
recorded plat thereof, said Sherburne County.
P'0WIRIU 6Y
1`4 A URA
EXHIBIT B
CONDITIONS OF APPROVAL
1. All necessary permits must be acquired before any work in the right-of-way begins.
2. Extend the proposed drainage and utility agreements to a line equal to the backside
of the existing townhome lots.
3. Prepare a homeowners association agreement per Section 30-944 for review and
approval by the City Attorney.
4. Submit a maintenance agreement, for city approval, outlining ownership and
maintenance responsibilities for the common areas.
5. Plat outlots A&B as parcels with lot and block designations.
6. All mailboxes be clustered.
7. Any item or condition found that indicates the site is likely to yield information
important to pre-history or history shall be reported to the city immediately. Further,
the city reserves the right to stop work authorized in its approval until the site is
appropriately investigated and work is authorized.
P O W E R E D 0 Y
1`4 U
City of
Elk
River
Resolution 14-
A Resolution of the City of Elk River to Vacate a Drainage and Utility
Easement
Case No EV 14-01
WHEREAS, application has been made by the property owner to vacate the drainage and
utility easements described and depicted on Exhibits A and B attached
hereto;and,
WHEREAS, vacation of the easement is appropriate as a new drainage and utility
easement will be established with the adoption of the Final Plat for Kliever
Lake Fields 5"'Addition; and
WHEREAS, a public hearing was held on August 18, 2014, before the City Council of the
City of Elk River on such request after published and posted notice had been
given, and all persons interested were given an opportunity to be heard at the
public hearing.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Elk
River,Minnesota, as follows:
1. The petition to vacate the drainage and utility easements described in Exhibits A and
B is hereby granted; and,
2. Vacation of the easements described in Exhibits A and B shall be effective at the
time of recording of the Final Plat of Kliever Lake Fields 5th Addition.
Passed and adopted this 18`'' day of August 2014.
John J. Dietz,Mayor
ATTEST:
Tina Allard, City Clerk
P O w E R E U 9 1
1`4 U
Exhibit A
n s UK II !r- Whir /�^n nin +7
.l ✓°Z V'L_I MVL– I Y Ye 1��F-ii I, IL
VRP,lv I ._I IAL_IL I � !
T2
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2 1 H22
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P �I f 1f,lt,
�'I Ir-,'r--, A Ii r `I vh DD:TEllp4
(\L-IL_�L_I\ L.l'il\L_ V ilV VII fV �{
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ag
DENOTES EASEMENTS 0
TO R.E VACATED
Not to Scale
PROPOSED LEGAL DESCRIPTION TO VACATE DRAINAGE AND ITII ITV EASEMENTS
All drainage and utility easements lying 4�er,under and a r ss Lot 5, Deal,3,KLIEVER LAKE FIELDS THIRD ADDITION, according to the
,...road Rick thereof, Sherburne County,Minnesota,a5 dalinea7 ed and dedicated on —id KLIEVER LAKE FIELDS THIRD ADDITION, EXCEPT oil
drainage and utility easements lying aver,under,and across said Lot 5 os dellnealed and dedicated on KLIEVER LAKE FIELDS 2ND ADDITION,
according to the..carded plat thereof,said Sherburne County,
• THIS SKETCH DOES NOT PURPORT TO SHOW THE EXISTENCE OR NONEXISTENCE OF ANY ENCROACHMENTS FROM OR ONTO THE HEREON DESCRIBED LAND,
EASEMENTS OF RECORD OR UNRECORDED EASEMENTS WHICH AFFECT SAID LAND OR ANY IMPROVEMENTS TO SAID LAND,
PIONEER CadF,t�: Nelilosemenl
engineering,>?,n. MAea�an Description Sketch for:
�l.wlrre� uNa.er.nr.�., cAen,ox.eroxs L. osc�renvnnrecrs
Folder 7688
(651)681-1914 Meadow Creek Builders,Inc.
2422 E—prise Or- F.-681-9468 Drawn Sy: mop
Mc.dau Heighlx,MN 55120 —pialeereng.cam
p0WERIO ar
Af
Exhibit B
i..rW
r-h vvn Fl l,ni r.L-n , dL
•°r v L_1 L yr .�r, v.
HE CORNER
OF LOT 2.3
Jam`
NFJ9°3B'24'W 233A8
r �
3
0DTH LINE LOT- - �L
23,BILK I
_ ry
CORNER
LOT LO7 21,BLK 2 T d i
t L
l §89°38'24"£ 212,01
ro 10
L] -mom om .l
N N
1 L G IS
2.
�{ / �LJ;
^2 r --
,L '"' �� ,cc-'�o \ - Not to Scale
o \
DENDiEs
EASEMENTS TO
A I,'r r2Kln n nnlrirlNl BE VACATED
r.L9L_v�_I\ L.Al'I'L- 2lvv r,vVIIIViv
PROPOSED IEGAI DESCRIelloll TO VACATE DRAINA. AND UTILITY AS M NTS
All drainage and utility easements lying over,under and across the following described properly. Es delineated and dedicated on The plot of KLIEVER LAKE
FIELDS EAST.
Let 23,Blook 1,KLIEVER LAKE FIELDS EAST, according to the recorded plot thereof,Sherburne Ceuoly,M'ionesolo.EXCEPT all that part thereof lying
westerly of the following descnbetl line and its sou Eherly-tension:
Commencing at the northeast corner of said Lot 23; thence on an assumed beefing of North 89 degrees 3S mil 24 seconds west along the north
line of sold Lot 23,a distance of 233.08 feet to the paint of beginning of the line to be described: thence South 19 degrees 58 minutes 16 seconds
Wes[,a distance of 143.13 feet 1.the saulh line o1 sold Lot 23 and there lerminaling.
Also EXCEPT oil that port thereof lying within o 10.00 loot wide strip of land adjoining the southerly and westerly right of way line of 1861h Lane NW
as delineated and dedicated an said KEEVER LAKE FIELDS EAST.
Together with:
Lot 21,Mark 2.KLIEVER LAKE FIELDS EAST,according to the recorded plot thereof,Sherburne County,Minnesota.EXCEPT all that part thereof lying northerly of the
following described line and its eeslody end westerly aeleesa-
Commencing of the northwest c n f of said Lot 21; thence on on assumed bearing of Scull,11 degrees 22 minutes 31 seconds East along the west line of said
Lot 21.o 6,1—ce of 114.52 feet in the point of beginning of the line to be described: thence South 89 degrees 38 mmotes 24 seconds Fort.o 110—ine of 212.01
feel to the east line of said Lot 21 and there lerminaling.
Al5a EXCEPT all [hat part thereof lying wlthln a 10.00 foot wide strip of land adjoining the northerly and easterly right of way line of 180th Lene NW
as delineated End dedicated on sold KLIEVER LAKE FIELDS EAST.
• TFIIS SKETCH DOES NOT PURPORT TO SHOW THE EXISTENCE OR NONEXISTENCE OF ANY ENCROACHMENTS FROM OR ONTO THE HEREON DESCRIBED LAND.
EASEMEENNTTSS OF RECORD OR UNRECORDED EASEMENTS WHICH AFFECT SAID LAND OR ANY IMPROVEMENTS TO SAID LAND.
-(z) 1 1*NEER Cad File: 114127-Easement
engineering,P.A. Vaaarae Description SkeDfor:>:na�.•is wa,a.yaws >se�aaA. �s Folder#: 7688 thxl Fa, g 1.1914 Mead e i
2422 Elootetim u;ee fax:eat-g4as Drawn by: mdp �H
Mendota Heighh,MN 55120
www,pianeeang.com
GL
1`4Af-
WA Stfikethfoughs to be removed
Underlines to be added
City of
Elk -�-�
River
Ordinance 14 -
An Ordinance Amending the City of Elk River Zoning Map to Rezone Certain
Property from R-3, Townhouse/ Multiple Family Residential, to PUD, Planned Unit
Development
Case No. ZC 14-02
The City,Council of the City,of Elk River does hereby ordain as follows:
SECTION 1. That the duly adopted Zoning Map of the City,of Elk River is hereby amended to
rezone the property,described on attached Exhibit A from Townhouse/ Multiple Family Residential
(R-3) to Planned Unit Development (PUD).
SECTION 2. That the rezoning approved by this Ordinance is based on the following findings:
1. THE REZONING IS CONSISTENT WTH THE CITY OF ELK RIVER LAND USE
PLAN ADOPTED AS PART OF THE CITY OF ELK RIVER COMPREHENSIVE
PLAN.
SECTION 3. That this Ordinance shall take effect and be in full force from and after the date of
its publication.
Passed and adopted by the City,Council of the City,of Elk River this 18th day of August, 2014.
John J. Dietz,Mayor
ATTEST:
Tina Allard, City,Clerk
P 0 W I R 1 0 H Y
AUI�
Last Updated March 2014
to be removed
Underlines to be added
Exhibit A
Lot 23, Block 1, KLIEVER LAKE FIELDS EAST, according to the recorded plat thereof,
Sherburne County, Minnesota. EXCEPT all that part thereof lying westerly of the following
described line and its southerly extension:
Commencing at the northeast corner of said Lot 23; thence on an assumed bearing of North
89 degrees 38 minutes 24 seconds West along the north line of said Lot 23, a distance of
233.08 feet to the point of beginning of the line to be described; thence South 19 degrees 58
minutes 16 seconds West, a distance of 193.13 feet to the south line of said Lot 23 and there
terminating.
Together with:
Lot 7, Block 1, KLIEVER LAKE FIELDS EAST, according to the recorded plat thereof, Sherburne
County, Minnesota. EXCEPT all that part thereof lying westerly of the following described line:
Commencing at the northeast corner of Lot 23,Block 1, said KLIEVER LAKE FIELDS EAST;
thence on an assumed bearing of North 89 degrees 38 minutes 24 seconds West along the north line
of said Lot 23,a distance of 233.08 feet to the point of beginning of the line to be described;thence
South 19 degrees 58 minutes 16 seconds West, a distance of 193.13 feet to the south line of said Lot
23 and there terminating.
Together with:
Lots 8 thru 22 inclusive,Block 1, said KLIEVER LAKE FIELDS EAST.
Together with:
Lot 21, Block 2, KLIEVER LAKE FIELDS EAST, according to the recorded plat thereof, Sherburne
County,Minnesota. EXCEPT all that part thereof lying northerly of the following described line and its
easterly and westerly extensions:
Commencing at the northwest corner of said Lot 21; thence on an assumed bearing of South 11
degrees 22 minutes 31 seconds East along the west line of said Lot 21, a distance of 11.4.52 feet to the
point of beginning of the line to be described;thence South 89 degrees 38 minutes 24 seconds East,a
distance of 212.01 feet to the east line of said Lot 21 and there terminating.
Together with:
Lots 5 thru 20 inclusive,Block 2, said KLIEVER LAKE FIELDS EAST.
Together with:
Lots 1 thru 5 inclusive, Block 3, KLIEVER LAKE FIELDS THIRD ADDITION, according to the
recorded plat thereof, said Sherburne County.
P U w t R t 0 s Y
YAVR
Last Updated March 2014 lt ' I