6.9. SR 01-18-2000'ity of
Item 6.9.
MEMORANDUM
River
FROM:
The Mayor and City Council
Stephen Wensman, Planner
DATE:
January 18, 2000
SUBJECT: Final Plat of Windsor Park, Public Hearing
Case No. P 99-12
Request
Consider the request by Dynamic's, Lamm and Dehrer for Final Plat of Windsor
Park.
Location
North ½, NW ¼, Section 17, Township 33, Range 26, 212th Avenue and Elk Lake
Road, just south and west of County Road 33 and Elk Lake Road.
Zoning/Land Use
Rla (Single Family ResidentiaD / LR (Low Density Residential)
Attachments
· Location Map
· Howard R. Green Memorandum
· Letter from applicant
· Final Plat
Overview
Windsor Park is the first plat to fall under the Open Space Preservation Plat
Ordinance (Cluster Development) approved by the Council on November 15, 1999.
The Preliminary Plat was approved by the City Council on December 20, 1999, and
included a 31 lot single-family residential clustered subdivision with over 50% of the
development permanently protected by a conservation easement as open space. The
Final Plat consists of 26 single-family lots and Outlots A - D. The single-family lots
will be clustered around the wooded Outlot A, which as proposed is to become a City
Park. Outlots B and C will remain as open space owned in common by a
homeowner's association containing the clustered community septic system,
community gardens, trails, and a NURP pond. Outlot D will be developed into 5
lots in a future phase.
13065 Orono Parkway * P.O. Box 490 * Elk River, MN 55330 * TDD & Phone: (612) 441-7420 · Fax: (612) 441-7425
Memo to the Mayor and City Council/P 99-12
December 20, 1999
Page 2
In addition to the proposed 26 lots, an existing 2.5-acre lot adjacent to Elk Lake
Road has been reconfigured and attached to the plat as Lot 1, Block 5, with a new
access off of 212tn Avenue.
Final Plat
The final plat conforms to the preliminary plat.
Density
The Preliminary Plat consisted of 31 new single-family lots and an existing
reconfigured lot. Only 26 new single-family lots are being platted at this time in
order to allow development to begin while the MPCA permit for the community
septic system is being processed for the 31-lot subdivision. The additional 5 lots will
be developed in a future phase.
The density at this time is less than what is allowed by the Open Space
Preservation Plat Ordinance. The developer can develop up to 31 new single-family
lots because of the following density bonus criteria have been met:
Creation of an endowment to the homeowners association where the principle
would generate sufficient annual interest to cover the conservation easement
holder's yearly costs.
· Provide access by the general public to trails, parks, or other recreational
facilities, excluding golf courses.
· Additional open space is provided above the required 50% preserved open space.
· Provide covenants to create an architectural theme to include items such as,
porches, side or rear loaded or detached garages.
Park Dedication and Trails
The Preliminary Plat was approved with the City accepting Outlot A as a City Park
to fulfill the park dedication.
As proposed, there will be both private and public trails in the development. The
public trails will be bituminous and include a trail that crosses through the meadow
from Elk Lake Road to the proposed park, a trail that loops around the proposed
park, and a trail from the proposed park to future plats west and south. The
private trail, proposed as a woodchip trail, crosses the meadow next to the NURP
pond and community gardens. Pubhc trails over private property will require a
separate easement that will guarantee public use of the trail and will need to be
recorded with the plat.
As part of the public improvements, any necessary site preparation and trail
construction shall be performed in the first phase of the development. Also, signage
indicating the public and private trail systems shall be installed in the first phase of
the development and shall conform to the standards approved by the Park and
Recreation Commission.
XkelkriverXsys\shrdoc\planningkstevewen\ccmmo\p99-12cc.doc
Memo to the Mayor and City Council]P 99-12
December 20, 1999
Page 3
Conservation Easement
Outlots A, B and C, 32.46 acres, are proposed to be permanently protected by
conservation easements. The holders of the conservation easement have not yet
been determined. The developer has applied to the MN Land Trust to have them
hold the conservation easement. The MN Land Trust would provide a third party
protector of the conservation easement, however, the MN Land Trust is interested
in the easement only if it includes Outlot A, the City Park. The conservation
easement can be written to accommodate pubhc park facilities, but would likely
include some set aside area, an impervious surface limitation or similar restrictions.
If the City is not interested in having the MN Land Trust hold the conservation
easement over the City Park, then the City would be the holder of a conservation
easement over the park, and the homeowners association would be the holder of a
conservation easement over Outlots B and C.
If the MN Land Trust is the holder of the conservation easement, the developer
must provide an endowment of $5,000.00 to cover the holder's yearly costs to enforce
the conditions of the easement. In order to take advantage of a density bonus, the
Cluster Ordinance also requires that the endowment be provided to the
conservation easement holder. Staff recommends that a $5,000.00 endowment be
provide to the conservation easement holder, the MN Land Trust or the
homeowners association to enforce the conditions of the easement.
Homeowners Association
A homeowners association shall be created with mandatory membership for
homeowners in the plat. The homeowners association may hold and protect the
conservation easement over the common open space and be responsible for
maintenance of all commonly held land and for contracting with a maintenance
company to provide monitoring and maintenance of the wastewater system. The
homeowner's association documents shall require City Attorney review and
approval prior to releasing the plat for recording.
Engineering Issues
Terry Maurer, the City Engineer, has reviewed the Grading/Drainage and Erosion
control plans and has only a few minor concerns (See Howard R. Green
Memorandum).
Well and Septic
The septic system being proposed is adequate for a 31 lot single-family development
and is consistent with MPCA guidelines. A MPCA permit has been applied for,
however, it is unlikely that the permit will be granted before the spring building
season. The PCA permit is required for a clustered septic system if the sewage flow
is greater than that of a 26 lot single-family subdivision. Until a MPCA permit is
\kelkriverksys\shrdoc\planning\stevewen\ccmmo\p99-12cc.doc
Memo to the Mayor and City Council/P 99-12
December 20, 1999
Page 4
obtained, the developer can only develop 26 single-family residential lots (See
attached Howard R. Green Memorandum).
Each lot will have a private well and will be connected to a community wastewater
system. The homeowner's association will be responsible for contracting with a
maintenance company to provide monitoring and maintenance of the wastewater
system. As proposed, the sewer pipes for the community septic will be located in
the public-right-of-way.
Recommendation
Staff recommends that the City Council approve Resolution 00-__ granting Final
Plat approval for Windsor Park.
\XelkriverXsys\shrdoc\planningXstevewenXccmmo\p99-12cc.doc
RESOLUTION NO. 00 -
CITY OF ELK RIVER
A RESOLUTION GRANTING FINAL PLAT APPROVAL FOR:
Windsor Park
Case No. P 99-12
WHEREAS, application has been made for final plat approval, pursuant to
Section 1008.08 (1)(c) 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, the application for preliminary plat approval has been referred
to the Planning Commission which has given its advice and recommendation to the
City Council; and
WHEREAS, a preliminary plat of the Property was approved by the City
Council on December 20, 1999; 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 BY THE CITY COUNCIL OF THE
CITY OF ELK RIVER, as follows:
It is hereby determined by the City Council for the City of Elk River as
follows:
ho
The proposed subdivision is consistent with the Zoning Ordinance
and conforms to all of its requirements.
The proposed subdivision is consistent with all applicable general
and speciahzed city, county, and regional plans including, but not
limited to, the City's Comprehensive Development Plan.
Co
The physical characteristics of the site, including, but not limited
to, topography, soils, vegetation, susceptibihty to erosion and
siltation, susceptibility to flooding, and drainage are suitable for the
type and density of development and uses contemplated.
Page I
Do
The proposed subdivision makes adequate provision for water
supply, storm drainage, sewage transportation, erosion control and
all other services, facihties and improvements otherwise required
herein.
Eo
The proposed subdivision will not cause substantial environmental
damage.
The proposed subdivision will not conflict with easements of record
or with easements estabhshed by judgment of a court.
Go
The proposed subdivision will not have an undue or adverse impact
on the reasonable development of neighboring land.
o
Final plat approval is hereby granted for the Property, subject to the
conditions set forth in attached Exhibit B.
o
The officers of the City are hereby authorized, once the conditions set forth in
Exhibit B are met and comphed with, to sign the final plat for the Property
and to issue a certified copy of this Resolution giving final approval of the
plat.
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.
o
This final plat approval shall expire one year from the date of this resolution
if the final plat is not recorded within that time.
The foregoing resolution was introduced by Council Member and
duly seconded by Council Member The following voted in favor
of the Resolution:
The following voted against the Resolution:
The following were absent:
WHEREUPON the resolution is adopted.
Passed and adopted this 18th day of January, 2000.
Stephanie Klinzing, Mayor
s:Xdocumentkresoluti\res99-12.doc
Page 2
CERTIFICATE
STATE OF MINNESOTA
COUNTY OF SHERBURNE
CITY OF ELK RIVER
I, the undersigned, being the duly qualified and acting Clerk of the City of
Elk River, Minnesota, hereby certify that the above resolution is a true and correct
copy of the resolution as adopted by the City Council of the City of Elk River on
,2000.
this
WITNESS my hand officially as such Clerk and the corporate seal of the City
__ day of ,2000.
Sandra Peine, City Clerk
STATE OF MINNESOTA
SS.
COUNTY OF SHERBURNE
The foregoing instrument was acknowledged before me this day of
,2000, by Stephanie Klinzing, Mayor, City of Elk River, Minnesota.
Notary Public
STATE OF MINNESOTA
SS.
COUNTY OF SHERBURNE
The foregoing instrument was acknowledged before me this day of
,2000, by Sandra Peine, City Clerk, City of Elk River, Minnesota.
Notary Public
THIS INSTRUMENT WAS DRAFTED BY:
GRAY, PLANT, MOOTY, MOOTY AND BENNETT
PETER BECK
3400 CITY CENTER
33 SO SIXTH STREET
MINNEAPOLIS MN 55402
s:Xdocument\resolutiXres99-12.doc
Page 3
EXHIBIT A
That part of the North Half of the Northwest Quarter of Section 17, Township 33, Range 26,
Sherbume County, Minnesota, lying westerly of the eenterline of County State Aid Highway No. 1.
EXCEPT the following described parcel:
All that part of the Northeast Quarter of the Northwest Quarter of said Section 17, described as
Commencing at the Northeast comer of said Northeast Quarter of the Northwest Quarter; thence
South 88 degrees 43 minutes 28 seconds West, assumed basis of bearings, along the North line
thereof for 101.44 feet to intersect the centerline of County State Aid Highway No. 1 as now laid out
and travelled, said point of intersection also being the actual Point Of Beginning of the land to be
hereby described; ihence South 31 degrees 55 minutes 54 seconds West along said centefline for
572.44 feet; thence North 58 degrees 04 minutes 06 seconds West for 367.00 feet; thence North 0
degrees 45 minutes 54 seconds East for 278.13 feet, more or less, to intersect said North line of the
Northeast Quarter of the Northwest Quarter; thence North 88 degrees 43 minutes 28 seconds East
along said North line for 610.67 feet, more or less, to the Point Of Beginnlng.
Subject to that part thereof taken for said County state Aid Highway No. 1 over and across the
southeasterly 50 feet thereof as measured at right angles to said centerline. Also subject to other
easements of record, if any.
Ld4\windsrk
file:7760.10-03
s:\documentXresoluti\res99-12.doc
Page 4
EXHIBIT B
THAT A DEVELOPERS AGREEMENT BE PREPARED OUTLINING THE
TERMS AND CONDITIONS OF THE PLAT APPROVAL AND INSTALLATION
OF IMPROVEMENTS TO BE RECORDED WITH THE FINAL PLAT.
2. THAT ALL COMMENTS OF THE CITY ENGINEER BE INCORPORATED INTO
THE PRELIMINARY PLAT.
3. THAT A HOMEOWNERS ASSOCIATION DOCUMENT BE PREPARED SUBJECT
TO THE CITY ATTORNEY REVIEW AND APPROVAL, PRIOR TO FINAL PLAT.
4. THAT A PERMIT FOR ROAD ACCESS ONTO COUNTY ROAD NO. 1 BE
OBTAINED FROM SHERBURNE COUNTY PRIOR TO FINAL PLAT.
5. THAT STREET LIGHTS BE INSTALLED AS REQUIRED BY ELK RIVER
UTILITIES.
6. THAT A LETTER OF CREDIT BE PROVIDED TO THE CITY IN THE AMOUNT
OF 100% OF THE COSTS OF PUBLIC IMPROVEMENTS.
THAT 12.06 ACRES OF LAND BE ACCEPTED TO FOR PARK TO SATISFY
PARK DEDICATION REQUIREMENTS AS RECOMMENDED BY THE PARK
AND RECREATION COMMISSION.
o
THAT A BITUMINOUS TRAIL BE INSTALLED AROUND THE PARK AND IN
THE COMMUNITY OPEN SPACE CONNECTING THE PARK TO ELK LAKE
ROAD IN THE FIRST PHASE OF THE DEVELOPMENT AND THAT THE
DEVELOPER BE REIMBURSED FOR THE COST OF THE TRAIL CONSISTENT
WITH CITY POLICY.
THAT TRAIL SIGNAGE BE INSTALLED IN THE FIRST PHASE OF THE
DEVELOPMENT INDICATING THE PUBLIC AND PRIVATE TRAIL SYSTEMS
AND THAT SIGNS SHALL CONFORM TO THE STANDARDS APPROVED BY
THE PARK AND RECREATION COMMISSION.
10. THAT AN EASEMENT BE GRANTED TO THE CITY FOR THE TRAIL THAT
PROVIDES PUBLIC ACCESS THROUGHT THE COMMUNITY OPEN SPACE
CONNECTING THE PARK TO ELK LAKE ROAD.
11. THAT A TRAIL OR SIDEWALK BE CONSTRUCTED FROM OUTLOT A IN THE
PUBLIC RIGHT-OF-WAYS OF 212TM AVENUE AND LANDERS STREET TO THE
EDGE OF THE PLAT IN THE FIRST PHASE OF THE DEVELOPMENT.
12. THAT 32.46 ACRES OF LAND BE PLACED IN A CONSERVATION EASEMENT
HELD BY A QUALIFIED LAND TRUST OR OTHERS AS APPROVED BY THE
CITY.
13. THAT UPON COMPLETING ALL OF THE IMPROVEMENTS AND HAVING
THEM ACCEPTED BY THE CITY, A WARRANTY BOND IN THE AMOUNT OF
25 % OF THE IMPROVEMENT COSTS SHALL BE SUBMITTED TO THE CITY
FOR A ONE-YEAR PERIOD.
s:XdocumentXresolutiXres99-12.doc
Page 5
14. THAT A SURFACE WATER MANAGEMENT FEE IN THE AMOUNT REQUIRED
BY THE CITY AT THE TIME OF FINAL PLAT BE PAID PRIOR TO RELEASING
THE PLAT FOR RECORDING WITH SHERBURNE COUNTY.
15. THAT TEMPORARY CULDESACS BE PROVIDED AS DETERMINED BY THE
CITY ENGINEER.
16. THAT A GRADING AND EROSION CONTROL PLAN AND DEVELOPMENT
PLAN BE SUBMITTED AND APPROVED BY THE CITY ENGINEER PRIOR TO
THE ISSUANCE OF BUILDING PERMITS.
17. THAT A SEALCOAT FEE IN THE AMOUNT TO BE DETERMINED BY THE CITY
ENGINEER BE PAID TO THE CITY PRIOR TO RELEASING THE PLAT FOR
RECORDING WITH SHERBURNE COUNTY.
18. THAT A LANDSCAPE PLAN BE PROVIDED THAT SHOWS ONE STREET TREE
PER LOT, TWO ON CORNER LOTS AND THAT THE REQUIRED YARD TREES
BE LOCATED BEHIND THE LOTS IN BLOCK 4, AND ADJACENT LOT 13.
19. THAT ALL THE MAIL BOXES IN THE DEVELOPMENT BE CLUSTERED.
20. THAT ANY TREES ON OR OFF SITE, NEAR THE LIMIT OF GRADING THAT
ARE TO BE PROTECTED SHALL BE FENCED WITH A SNOW FENCE AT THE
DRIPLINE TO PREVENT GRADING, COMPACTION, OR STORAGE OF DEBRIS
OR EQUIPMENT.
21. THAT A $5,000.00 ENDOWMENT BE PROVIDE TO THE CONSERVATION
EASEMENT HOLDER, THE MN LAND TRUST OR THE HOMEOWNERS
ASSOCIATION TO ENFORCE THE CONDITIONS OF THE EASEMENT, PRIOR
TO RECORDING OF THE FINAL PLAT WITH THE COUNTY.
22. THAT PRIOR TO CONSTRUCTING A DEVELOPMENT SIGN, THE
DEVELOPER OBTAIN A SIGN PERMIT FROM THE CITY.
s: Xdocument\resoluti\res99-12. doc
Page 6
LOCATION
City of
LOCATION
MAP
I~3o65 oro.o P~kway · P.o. Box 490 CASE:[ P 99-12
Elk Kiver, MN 55330
JAN-14-2000 09:59 HR GREEN CO. 651 644 2549 P.OSx05
Howard R, Green Company
CONSULTING ENGINEERS
January 14, 2000
File: 808540J-0240
Mr. Steve Wensman
City of Elk River
13065 Orono Parkway
Elk River, MN 55330
RE: WINDSOR PARK FINAL PLAT
Dear Mr. Wensman:
As requested we have reviewed the final plat for Windsor Park. Based on our review we would
offer the following comments:
1. The final prat consists of 26 lots and 4 outlots. There will be an opportunity to further sub-
divide Outlot D into an additional five lots in the future.
Outlot C is covered entirely by a drainage and utility easement. This is likeiy the location for
the community septic system. This community septic system will be owned and operated by
the Homeowner's Association. Therefore, it should not be within a drainage and utility
easement, which would be to the City. We would suggest that the drainage and utility
easement be removed from Outlot C,
We would suggest that along the frontage of 212~h Avenue Northwest there be a 10 foot
wide drainage and utility easement given from Outlot B and Outlot C. We would also
suggest that there be a 10 foot drainage and utility easement given along the frontage of
Oullot D. All these drainage and utility easements may be necessary for continuing the
sm;ill utilities throughout the plat.
4. The south line of Outlot D is mis-marked. It is shown at 130,01 feet and scales closer to 180
feel',
If you have any questions regarding any of these comments please call.
Sincerely,
Howard R. Green Company
Terry J. l~l'aurer, P.E.
\\SPNWFS~VOL1 \DATA\PROJ~,808540j\Itr 1-14-00 wensman.doc
1'326 Energy Park Drive · St. Paul, MN 55108 · 6511644-4389 fax 8511644-9446 toll fr~e 888/368-.4389
TOTAL P. 03
To:-Ma~or StePhanie Klinzing.
City CoUncil'
piann'ing commission' ?' ': '~"" ' "'' '
City Planning Dept2 ..... .
From= Dynamics, Lamm, & Dehrer, LL~.
Re: "Windsor Park". Cluster, Deve!opment - ..
Dear Ladies and Gentlemen,
We have asked that our-'plat be 'tabied until next month's
meeting ~o..we can accurately and thoroughly respond 5o staff's -
comments. " '-. '~ ~ - : ' ·
· We are totally 'cOmmitted.tO'.seeing our clUster development
through to c~mpletion. We want to Present a plat that is -
thorough and has'- answered as many questions as possible regard-
ing a" Common Interest Community";
We have/been working With staff on all integral phases
of development such as grading and drainage, community sewage
treatment, tree preservation, open space, unique house features,
etc.
It is our hope that "Windsor Park" will be a very unique
neighborhood that creates a comfortable life style.
The Outlot"A" open space will contain community gardens
with a common well and water lines for irrigation.
The Outlot"B" open space will partly be used for the
community sewage treatment area.
The entrance street will have an island at County Road
No. 1 with a decorative monument sign. Moguls will line the
street through.the open area with landscaping.
555-3RDSTREETNW ELK RIVER, MN 55330 PHONE(612)441-8591 FAX(612)441-8604
TheCentral park will'consist~ of about twelve acres and
will be surrounded bY park trail. The varietY of oaks, maple,'.
and~bi~ch Will be preserved'with th'e underbrush'.cleared for.
ease of walking; _ --..
A park trail will cOnnect the Central park>to County
. · ·Road No;~.l'. · .'. ' ~.~ . .,.:. :~.-'.../~ . -. .. :.......,
An objective 'of Windsor Park will be to seParate the
housing from view of County Road No. 1 through preserved'
screening and'additional tree~pian~ing.on a gently Sioped
berm.
Homes in the Windsor Park neighborho°d;Will be restricted
to side or rear load garages to eliminate.the garage doors
facing ~the street' The homes will.be .required' to'have front
porches ' " "' ~'..'~. ; ~' ~' -~ ~
° Twenty one of the lot~'are one'hundred twenty feet(120f't)
in'width at the front'y~rd setback or' larger'. The remaining
ten lots are one hundred feet(100ft) in width or larger.
The lots range in size from one half acre to one and one
half acres.
A tree preservation plan will be part of the protective
covenants.
We are looking forward to meeting With everyone and work-
ing to create the best project possible.
Respectfully Submitted,
Marion Glines
Dynamics, Lamm, & Dehrer
lib I$
19 21
'R
OUlZOT A
WINDSOR PARK
I
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OU~I. OT
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1s88.22
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City Of Elk River
Sherbume County, MN
Fo~ the pufl~es of this plat the North llne
of the Narthweet Quarter. Section 17. To~ehlp
55, R~ge 26, is
of North 88'43'10" East
· De~otes I/2 inch x 14 inch iroe pipe with
o plastic plug stomped R.L.S. 21729 lo
be set within I year of recording this pict.
o Denotes I/2 Inch x 14 inch iran pipe set
with a plastic plug stomped R.LS. 21729.
{~) Denotes o Sherburne County monument.
o--. Denotes limited occees.
Drainage and Utility Easements shall
be shown thus:. I II
__~L II [,~
I I
Beincj 12 feet In width and adjoining
rk~t-of-way lines, unless othen~lee
incF~ated, also being 6 feet in width
and adjoining lot lines, unless other-
wise indicated, as shown an the plaL
~ O~ve~ & ~te& Inc.
Shy'ct 2 Of 2 $heets