6.14. SR 05-15-2000~ity of
Item# 6.14.
iveI'
TO:
FROM:
MEMORANDUM
Mayor and City Council
Michele McPherso~Director of Planning
DATE:
May 11, 2000
SUBJECT:
Case Number: P 00-6
Request for Preliminary Plat Approval,
Rolling Hills; Public Hearing
Request
The applicant, Rod Dragsten, requests preliminary plat approval for a 30-lot cluster
subdivision on 113.6 acres.
Location
22638 Jarvis Street NW (NE ¼ of the NW ¼ together with the South Half of the NE ¼ of
Section 1, Township 33, Range 26)
Zoning/Land Use
A1 (Agricultural Conservation)IA (Agriculture)
Attachments
Location Map
· Preliminary Plat (Parts 1 & 2)
· Preliminary Grading Plan
· Wetland Mitigation Plan
· Utility Plan
· Landscape and Lighting Plan
· Soil Map (overall layout)
· Minutes of the March 8, 2000 Park and Recreation Commission Meeting
· Memo from the City Engineer
· Applicant's Narrative
· Draft Covenants
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/PO0-6
May 11, 2000
Page 2
Ove~iew
The proposed subdivision is comprised of 30 single-family lots and three outlots. The
lots are adjacent to a central ring road and cul-de-sac. One road is proposed from
Jarvis Street. A connection is proposed from the ring road to the north property line to
provide access to a future subdivision should the property to the north develop. The
outlots will be dedicated as open space. Trails and a gazebo are also proposed.
Adjacent land uses include sod farms to the west, residential farmsteads and vacant
land to the north and south, and residential homes to the east (Burns Township).
Analysis
Existing Conditions
The property is composed of three forty-acre quarter-quarter sections; one offset from
the other two. Located on the property are a single-family farmhouse and numerous
outbuildings.
The topography of the site is rolling, wooded, with wetlands and open meadows. The
center of the eighty acres is wooded and dry, with a series of ridges where the road is
proposed to be located. Areas along the south and west sides of the eighty are
seasonally wet, with the south area more wet. The third forty is half high/dry and half
wet. The west half of the third forty is in sod production.
Proposed Subdivision
The proposed 30-lot subdivision will be located on the 80 acres. The third forty will be
set aside as permanent open space. In addition to the set aside, 28.36 acres will also
be set aside from the 80 acres (Outlots A & B). The community septic system will be
located near the intersection of Jarvis and 226th Avenue on Outlot B.
Density
In the A1 District, base density is calculated by dividing the Eligible acres (Total area
minus existing road right of way) by 10 and multiplying by 2.15:
112.61/10=11.26x2.15=24.21 (24 lots)
The applicant in intending to increase the density by
· Creating an endowment for the land trust or homeowner's association for the
maintenance of the conservation easement
· Increasing the preserved open space to 60%
· Reusing a structure from the existing farmstead
· Creating an architecturaltheme
Memo to the Mayor and City Council/P00-6
May 11, 2000
Page 3
Each of the above items increases the density by 5%. This increases the density to 29
lots. A fifth item, allowing access by the general public to trails and recreational
facilities, is available to increase the density an additional 5% to 30 lots. It is unclear
from the application if it is the applicant's intent to allow this. If not, the subdivision
should be reduced by one lot.
Lot Layout
The 29 new lots of the subdivision are proposed to be located outside and within a ring
road and on either side of a 700-foot (approximate) cul-de-sac (226th Circle). The 30th
lot (4.28 acres) will be adjacent to Jarvis Street and has been created for the existing
home. There is 413 feet from Jarvis Street to the first lot (Lot 1, Block 1) on the south
side of 226th Avenue.
The lots range in area from .81 to 1.71 acres. The largest lot, 4.28 acres is for the
existing home. Lot widths range from 84 to 421 feet. The average density is one unit
for each 3.75 acres.
Outlot A is located on the north side of 226th Avenue and currently shows a barn, pole
shed, and another structure. The applicant has indicated an interest in refurbishing the
barn for use by the Association for the storage of equipment.
Outlot B wraps around the lots on the south, west, and north sides of the plat. The
vegetation on Outlot be can be characterized as grassy, with a seasonally high water
table. There is a wooded area along the north property line that is at a higher elevation.
Outlot C is the 40-acre set aside northwest of the 80. The topography of this area is flat
to the west (sod production area) and higher with rolling topography. A gazebo is
planned for the knoll on this parcel.
Access
Roads
One road, 226th Avenue is proposed from Jarvis Street. This will be a ring road, looping
back on itself. A 700-foot cul-de-sac (226th Circle) will extend to the west from 226th
Avenue. A short road extension (Cleveland Street) is proposed to the north property
line that will provide a connection should the property to the north develop. It is
anticipated that this extension would connect back to Jarvis Street through the property
to the north.
The roads will be paved rural sections that would be paved immediately including
Cleveland Street. Adequate right of way, which meets the City's requirements, is being
dedicated as part of the plat. Since publication of the public hearing notice, staff has
received a number of calls regarding the paving of Jarvis Street, which is not paved in
this area. Several years ago, the City was interested in paving Jarvis Street, however,
Burns Township was not interested in participating in the project. Typically, on road
projects that are on City boundaries, costs are shared equally by properties in both
Memo to the Mayor and City Council/P00-6
May 11, 2000
Page 4
jurisdictions. A funding mechanism for payment of this project will need to be
determined.
Trails
Pedestrian trails are being proposed to provide access and connection to the gazebo
on the separate 40-acre parcel. The trails are connected to 226th Avenue at three
points: two on the south side and one from the extension piece to the north. One of
the southerly connections is located in a 50 foot trail corridor between Lot 5, Block 1,
and Lot 1, Block 2. As the area along the south side of the plat is seasonally wet, this
trail is proposed to be a mown trail, with no pavement or chips. The path near the north
property line is located on higher ground and could be either a limestone or woodchip
trail.
It is not clear if these trails would be open to the general public. There are no other
public recreational facilities located in this area at this time to connect these trails to. If,
in the future such facilities are developed, the trails may serve some public benefit.
Grading and Drainage
Terry Maurer, Howard R. Green, is reviewing the grading plan and his memo will be
provided at the meeting. In general, however, minimal grading relating to the road is
proposed. By maintaining a minimal grading area, the proposed tree loss is kept to a
minimum. Some fill is proposed as part of the construction of the cul-de-sac. It is
unclear as to whether this area is a wetland. If this is a designated wetland, approval to
fill this area must be granted by the Technical Evaluation Panel.
Six sedimentation ponds are proposed, four between homes and straddling lot lines,
the fifth and sixth in Outlot B. These sedimentation ponds will treat stormwater runoff
from the street. These are accessible to Public Works for maintenance purposes.
There is very minimal stormwater pipe proposed in this project, most of the stormwater
will flow over the surface of the road. Drainage and utility easements need to be
granted along property lines, over sedimentation ponds, and over delineated wetlands.
At the April 11, 2000 Planning Commission workshop, the applicant indicated that the
house locations had been identified. The house locations were identified to be
sensitive to the original topography and to minimize tree loss due to excessive grading.
Typically, this type of development would not require a development plan due to the
size of the lots. However, in order to implement the applicant's intent, some type of
limited development plan or controls should be developed to ensure that the homes are
built within the area identified by the applicant.
Utilities
The subdivision will be served by a community septic system and individual wells.
Each home will have its own septic tank. The amount of septic flow will not trigger a
MPC^ permit; staff will review and approve the septic design and issue a permit. The
Memotothe Mayorand Ci~ Council/P00-6
May 11, 2000
Page 5
primary and secondary septic sites will need to be fenced to protect them during
construction.
The utility plan shows the individual septic tanks located immediately adjacent to the
public right of way, Staff recommends that these be located some distance away from
the right of way to allow adequate room for service and replacement of these tanks that
would not impact the street.
Landscaping
A landscape plan was not submitted with this packet. The subdivision ordinance
requires one yard tree and one street tree for each lot. The applicant has also
discussed planting trees in a pattern similar to a windbreak along the property lines of
the first lots off of Jarvis Street to provide additional screening. A landscape plan will
need to be submitted for staff approval prior to final plat approval.
Tree Preservation
As discussed earlier, impact to trees on the site will be minimal due to the proposed
limits of grading. Trees at the limits of grading should be fenced at the drip line to
prevent encroachment by equipment, debris, etc.
Park Dedication
The Park and Recreation Commission reviewed this subdivision at its March 8, 2000
meeting and recommended that cash dedication be accepted. The fee will be based on
the density allowed under the zoning district (11 lots). The Master Park Plan has an
area-wide park identified in this area of the City. The Commission also recommended
that an easement be obtained to allow public trail access to the 40-acre set aside for
the future should a regional park be developed in this area. The easement would only
be used if a regional recreational facility were developed adjacent to the 40-acre Outlot
C.
Architectural Theme
The applicant is still working on an architectural theme. At the Planning Commission
workshop, the applicant discussed white fencing along Jarvis Street and 226th Avenue,
natural building materials for home fronts, and street lights on each property (operated
by a photo cell).
Conservation Easement/Homeowner's Association
The cluster ordinance requires that the open space be placed in a conservation
easement. A land trust or the homeowner's association may hold this easement. A
homeowner's association will be required to maintain the community septic system.
The applicant has not identified who will hold the easement.
Memo to the Mayor and City Council/PO0-6
May 11, 2000
Page 6
Planning Commission Recommendation and Action
Staff recommended that the Planning Commission recommend approval of the request
for preliminary plat approval of Rolling Hills with the following conditions:
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.
That all comments of the City Engineer be incorporated into the
preliminary plat.
That a homeowner's association document be prepared subject to the
City Attorney review and approval prior to final plat.
4. That streetlights be installed as required by Elk River Utilities.
That a letter of credit be provided to the City in the amount of 100% of
the public improvements.
That park dedication be paid at the rate required by the City for II lots
prior to releasing the plat for recording.
That an access easement be granted to the City over the 40-acre set
aside for trail access should a regional recreational facility be created
on an adjacent parcel.
That 68.36 acres of land be placed in a conservation easement to be
held either by the homeowner's association or a qualified land trust.
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.
10.
That a surface water management fee in the amount required by the City
be paid prior to releasing the plat for recording.
That the Cleveland Street extension be paved to the north property line.
12.
That a grading and erosion control plan and limited development plan
be submitted and approved by the City Engineer prior to the issuance of
building permits.
13.
That a sealcoat fee in the amount determined by the City be paid prior
releasing the plat for recording.
Memotothe Mayorand Ci~ Council/P00-6
May 11,2000
Page 7
14.
That a landscape plan be submitted that shows one street and one yard
tree per lot and additional plantings along the property lines of Lot 1,
Block 1, and Lot 7, Block 3.
15. That all mailboxes in the development be clustered.
16.
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 and equipment prior to
commencement of grading.
17.
That the primary and secondary septic sites be protected with snow
fence to prevent grading, compaction or storage of debris and
equipment prior to commencement of grading.
18.
That an endowment to the conservation easement holder be provided
where the principle would generate sufficient annual interest to cover
the holder's yearly costs to enforce the conditions of the easement.
A public hearing was conducted at the April 25, 2000 Planning Commission meeting.
At the hearing, the concerns that were raised included the paving of Jarvis Street and
liability issues for the property owner to the north. Mr. Westfal, owner of the property to
the north, was concerned that people from the development would trespass onto his
property and create a liability. He requested that the developer fence the north property
line. An existing fence is located along the north property line; the developer has
agreed to allow this fence to remain.
The Planning Commission recommended approval of the request to the City Council.
The Commission added the following conditions:
19.
That the applicant is required to submit a theme, which is defined and
documented, including the location of side-loaded garages and front
porches.
20.
That ownership and remodeling of the barn be specifically defined by
the developer.
21.
That sidewalk and trail details be provided, showing a sidewalk to
connect Jarvis to the trail system, and also showing where the trail will
go through the lowlands and what it will look like.
22.
Staff and the developer shall reach an agreement regarding the
developer's share of paving Jarvis Street.
Memotothe Mayorand City Council/PO0-6
May 11, 2000
Page 8
Plan Revisions
Since the Planning Commission's action, the applicant has completed a review of the
wetland delineation. One wetland is being avoided at the entry drive near Jarvis. Two
other wetland areas are impacted by the proposed road construction. The cul-de-sac
extension has been moved slightly to lessen the impact to the wetland. The Technical
Evaluation Panel has reviewed the proposal. A condition should be added that the
wetland process must be completed prior to final plat.
City Council Recommendation
Staff recommends that the City Council concur with the Planning Commission action
and approve the request for preliminary plat approval of Rolling Hills, P 00-6, with the
following conditions:
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 homeowner's association document be prepared subject to the City
Attorney review and approval prior to final plat.
4. That streetlights be installed as required by Elk River Utilities.
5. That a letter of credit be provided to the City in the amount of 100% of the
public improvements.
6. That park dedication be paid at the rate required by the City for 11 lots prior
to releasing the plat for recording.
That an access easement be granted to the City over the 40-acre set aside
for trail access should a regional recreational facility be created on an
adjacent parcel.
8. That 68.36 acres of land be placed in a conservation easement to be held
either by the homeowner's association or a qualified land trust.
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.
Memotothe Mayorand Ci~ Council/P00-6
May 11,2000
Page 9
10.That a surface water management fee in the amount required by the City be
paid prior to releasing the plat for recording.
11.That the Cleveland Street extension be paved to the north property line.
12. That a grading and erosion control plan and limited development plan be
submitted and approved by the City Engineer prior to the issuance of
building permits.
13. That a sealcoat fee in the amount determined by the City be paid prior
releasing the plat for recording.
14. That a landscape plan be submitted that shows one street and one yard
tree per lot and additional plantings along the property lines of Lot 1, Block
1, and Lot 7, Block 3.
15. That all mailboxes in the development be clustered.
16. 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 and equipment prior to
commencement of grading.
17. That the primary and secondary septic sites be protected with snow fence
to prevent grading, compaction or storage of debris and equipment prior to
commencement of grading.
18.That an endowment to the conservation easement holder be provided
where the principle would generate sufficient annual interest to cover the
holder's yearly costs to enforce the conditions of the easement.
19. That the applicant is required to submit a theme, which is defined and
documented, including the location of side-loaded garages and front
porches.
20.That the ownership and remodeling of the barn be specifically defined by
the developer.
21.That sidewalk and trail details be provided, showing a sidewalk to connect
Jarvis to the trail system, and also showing where the trail will go through
the lowlands and what it will look like.
22. Staff and the developer shall reach an agreement regarding the developer's
share of paving Jarvis Street.
Memotothe Mayorand Ci~ Council/PO0-6
May 11,2000
Page 10
23. The applicant shall complete the wetland mitigation process for wetlands
impacted on the site prior to approval of the final plat.
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13065 Orono Parkway ° P.O. Box 490
Elk River, MN 55330
LOCATION
MAP
CASE: P 00-6
N
Park & Recreation Commission Minutes
March 8, 2000
Page 3
9.B.2.
9.B.3.
9.C.1.
COMMISSIONER WESTRUM MOVED TO RECOMMEND PARK DEDICATION BE
ACCEPTED IN THE FORM OF CASH FOR THE TWIN LAKE TOWNHOMES DEVELOPMENT.
COMMISSIONER REITSMA SECONDED THE MOTION. THE MOTION CARRIED 5-0.
COMMISSIONER WESTRUM MOVED TO RECOMMEND THAT STAFF WORK WITH THE
PROPERTY OWNER/DEVELOPER OF THE 40 SITE LOCATED NORTH OF THE TWIN LAKES
TOWNHOME SITE, TO OBTAIN AN EASEMENT TO CONSTRUCT A TRAIL CONNECTION
ACROSS THE PROPERTY, AND, THAT THE 6TM STREET CUL-DE-SAC BE LEFT AS GREEN
SPACE FOR NOW AND A TRAIL SEGMENT BE ADDED WHEN THE TYLER STREET ROAD
PROJECT IS CONSTRUCTED. COMMISSIONER REITSMA SECONDED THE MOTON. THE
MOTION CARRIED 5-0.
Whitetail Ridqe
Ms. McPherson explained that Whitetail Ridge is a 40-acre, 18-1ot cluster
development located north and east of Preserve Estates. Approximately 20 acres
will be preserved as open space, which will be contiguous with the open space
of Preserve Estates, and will be maintained by a homeowner's association.
Although the Master Park and Trail Plan indicates a need ', ~,r an area wide park in
this area, this development does not have adequate land area. Staff
recommends park dedication in the form of cash.
COMMISSIONER WESTRUM MOVED TO RECOMMEND PARK DEDICATION FOR THE
WHITETAIL RIDGE PLAT BE ACCEPTED IN THE FORM OF CASH. COMMISSIONER
DANA ANDERSON SECONDED THE MOTION. THE MOTION CARRIED 5-0.
Rollinq Hills
Rolling Hills is a 113-acre, 30-lot cluster development located west of Jarvis Street
in the far northeast corner of the city. Approximately 68 acres will be preserved
as perm.. ,qent open space, 40 acres in an undeveloped, land-locked quarter-
quarter section. Staff recommends a cash park dedication be accepted.
The Commission discussed whether or not the open space hod any value to the
city as park land. It was the consensus of the Commissioners to attempt to obtain
access rights to the 40-acre open space.
COMMISSIONER REITSMA MOVED TO RECOMMEND ACCEPTANCE OF CASH FOR
THE ROLLING HILLS SUBDIVISION IN ORDER TO MEET PARK DEDICATION
REQUIREMENTS, AND TO NEGOTIATE FOR PUBLIC ACCESS RIGHTS OVER THE 40-
ACRE OPEN SPACE. COMMISSIONER DANA ANDERSON SECONDED THE MOTION.
THE MOTION CARRIED 5-0.
Master Park Plan Review
Steve Wensman reviewed existing features and proposed improvements for the
following parks as listed in the staff report to the Commission, with priority rating as
shown:
a. Orono Park/Ballfield Complex, City Hall Park - Additional improvements
proposed included:
Howard R, Green Company
CONSULTING ENGINEERS
April 25, 2000
File: 809820J-0240
Ms. Michele McPherson
Director of Planning
City of Elk River
13065 Orono ParkWay
P.O. Box 490
Elk River, MN 55330-1900
RE: ROLLING HILLS SUBDIVISION
Dear Ms. McPherson:
As requested, we have reviewed the submittal package for the Rolling Hills Subdivision in the
northeast corner of the City. The submittal package consisted of a Preliminary Plat, Preliminary
Grading and Erosion Control Plan, Preliminary Utility Plan, an aerial photo, and a Sherburne
County Soils Map. The entire package was prepared by Bogart Peterson & Associates, and
dated February 18, 2000. Also submitted were drainage calculations for the subdivision
prepared by Bogart Peterson & Associates and dated April 18, 2000. Based on our review,
comments received at the staff review meeting, and a meeting with the developer, we would
offer the following comments:
A. Preliminary Plat
· Drainage and utility easements should be provided around the outlots where the
outlots abut the proposed streets.
· The City may want to consider whether or not additional right-of-way should be
granted for Jarvis Street NW. Jarvis Street currently has a 66-foot right-of-way. In
this most northerly portion of the City, it would seem that a 66-foot right-of-way is
adequate.
· There was one roadway proposed to serve the plat. 226th Avenue is shown heading
west off of Jarvis Street and then looping in a circular fashion internal in the plat.
There was one cul-de-sac approximately 700 feet long heading westerly, and a stub
street to the north to eventually complete a looped street system. Until such time as
there is development of the property to the north, the entire roadway will be a dead-
end approximately 2,000 feet long.
· The City needs to consider whether this development will eventually require the
paving of Jarvis Street. If so, should the development pay some amount toward the
future paving of Jarvis Street?
0-\PROJ\B09820i\0240~ltr 4-25-00 .Mc so
· 1326Edergy Park Drive ~a~r~,'(~l 55108 · 651/644-4389 fax 651/644-9446 toll free 888/368-4389
Ms. Michele McPherson
April 25, 2000
Page Two
B. Grading Plan
· There are several lots such as Lots 1 and 2, Block 2, which have very minimal
buildable area within them.
· The center area created by the looped road has a wetland in the center of it. No
elevations relative to the 100-year high water elevation are provided. Also, no'
elevations or types of homes are provided on the building pads. This information
needs to be provided for each lot.
· There is minimal grading shown in the plat. It appears that only the road itself is
proposed to be graded. However, some of the ungraded lots appear to need
additional grading. As an example, Lot 1, Block 1, where the house pad sits is
approximately two feet below the road elevation. Is it the intent to leave this lot Iow
and build below the road, or is it the intent to have it filled?
· The emergency overflows need to be identified and elevations labeled.
· There is at least some wetland filling required for the building of the cul-de-sac.
There appears to be other areas where the road construction causes impact to the
wetlands. There is no wetland mitigation or other wetland information provided with
the submittal.
C. Utility Plan
The proposed community wastewater treatment plant generally will consist of a 2-cell
septic tank located on each lot. The first cell will collect solids. The second cell will
collect the remaining liquid and, by the use of a pump, will discharge the liquid
through a Iow pressure sewer line running along the street to a large settling tank
located at the community treatment facility. From the settling tank, the liquid will be
pumped into the treatment facility. There are no details and/or calculations provided
for the on-site treatment facility. These will have to be provided, reviewed, and
approved prior to any construction proceeding.
The drainage calculations provided are rather sketchy and need to be revised adding
additional information including the following:
· Detailed information regarding high water elevations for all drainage facilities
and additional information on the Grading Plan showing the lowest floors and
types of homes relative to the drainage facilities. In all cases, the lowest
opening in the homes needs to be one foot above the high water elevation.
· Proposed mitigation for the wetland impact needs to be shown along with
seasonal high water elevation for wetlands.
· No drainage calculations were provided for the sedimentation ponds. These
need to be provided showing normal water level and high water level for each
pond. Sedimentation ponds should be designed in accordance with Best
Management Practices for Urban Runoff as published by the MPCA
Chapter 4.
Howard R. Green Company
CONSULTING ENGINEERS
O:\PROJ\809820j\0240\ltr 4-25-00 McPherson.doc
Ms. Michele McPherson
April 25, 2000
Page Three
· Any ponds without outlets should be sized to hold the greater of the 100-year,
10-day snowmelt, or 100-year, 24-hour reoccurring rainfall events.
Easements need to be provided to encompass the area of high water level.
Drainage calculations will be required for these types of ponds.
· Storm sewer design calculations should be submitted along with the overall
drainage calculations.
If you have any questions regarding this information, please call.
Sincerely,
Howard R. Green Company
TJM:tw
Howard R. Green Company
CONSULTING ENGINEERS
O:\PROJ\809820j\0240~ltr 4-25-00 McPherson.~oc
ROLLING HII ~LS
Heading along Jarvis Ave. you will notice a white country fence leading into the Rolling Hills
Subdivision. The first thing you will see on your right is the original 1920% homestead barn. This
barn is the old dairy style barn with a upper hayloft and a lower level for dairy cattle. Landscaping
around the barn will be done as a buffer fi-om the original homestead to give it the feeling that it
belongs to the Rolling Hills homeowners and that they have arrived home. The barn will be
upgraded with interior and exterior repair.
The first home will be set back from the road over 400 feet to provide that country feeling. There
is also a row of trees along lots 1 block 1 and lot 7 block 3 that will provide a more buffered area
reducing visibility of homes from the street. As you drive into the subdivision in the evening
you will notice that all of the homes have lanterns on posts set at the end of their driveways. All
of the lanterns will have an electronic eye to turn on approximately the same time each evening.
This is also another signature of Rolling Hills to know that you are home.
As you tour through Rolling Hills, the homes will be located on the lot so as to disturb as little as
possible of the trees and natural setting. Setbacks will vary from each home to accommodate the
natural setting. The homes will have a front porch or wrap around front porch to provide the
sense of community and to be able to visit with their neighbors. Fronts of the homes will have a
natural look (no vinyl siding will be allowed) and the wider lots will have end load garages. Any
additional garages located on the site will have a similar quality front to match the home so as to
not deter from the other homes in Rolling Hills. Because the subdivision is clustered there is over
68 acres of open space. A trail system will be placed in the subdivision to the south as well as to
the north. There are some natural high points located within Rolling Hills which will have
benches to sit and enjoy the beautiful countryside scenery. Within the 68 acres of open space
there is one area of 33 acres of rolling hills that will have a trail leading to the highest hill. There
you will find a gazebo which can be used for quiet time or for a group gathering.
ROLLING HILLS
DECLARATION OF COVENANTS, CONDITIONS
AND RESTRICTIONS
THIS DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS
(the "Declaration") is made and entered into as of this day of ,2000, by and
between Dragsten Properties("Developer) and Sherburne State Bank("Lender"), sometimes
collectively referred to hereinafter as the "Declarants".
Developer owns in fee simple that certain real property legally described as Rolling Hills,
according to the plat thereof on file and of record in the Sherburne County Recorder's
Office(the "Developer Property").
The "Developer Property" is subject to the provisions of that certain Mortgage and Security
Agreement made by Developer in favor of Lender dated ,2000, and
recorded on ,2000, as Document No.~ in the Sherburne County
Recorder's Office.
C. It is now the intention and desire of the Declarants to protect the value and desirability of the
Lots legally described above, and Declarants therefore submits the "Developer Property"
to
Do
the covenants, conditions and restrictions hereinafter set forth for the mutual benefit of the
record owners, whether one or more persons or entities, of a fee simple interest to any Lot
within the "Developer Property", including residence.
The Architectural Control Committee shall enforce the provisions of the covenant. The initial
members of the Architectural Control Committee shall serve, subject to the conditions
below, until all of the Lots in the "Developer Property" contain a complete residence.
The initial Architectural Control Committee shall have the following representation:
(1) Rodney Dragsten
(2) Peter VonBank
(3) Ann Dragsten
Subsequent to the completion of the last residence in the "Developer Property", the initial
committee members shall resign and be replaced by members elected by the "Developer Property"
owners. Said committee, containing three(3) members, shall function to enforce these covenants.
The terms of office shall be determined by the owners of the "Developer Property" at the time of
the initial election and subsequent elections.
AGREEMENTS
The Declarants do hereby subject the "Developer Property" to the following covenants,
conditions and restrictions, hereby specifying that this Declaration shall constitute covenants
running with the land and shall be binding on the Deelarants, and their respective successors and
assigns, and all subsequent Owners of all or any portion of the "Developer Property" and
improvements thereon, together with their respective grantees, successors, assigns, heirs,
executors, administrators and devisees:
(1)
No Lot within the "Developer Property" shall be used except for residential purposes
only. No improvement or structure other than a single-family dwelling, together with
appurtenant garage, fence, swimming pool, barn or accessory like siding and roof
structure, may be erected, placed or maintained on any Lot or portion thereof within the
"Developer Property".
(2)
Building located on Lots within the "Developer Property" shall not be rented by the
Owners thereof for transient or hotel purposes, which shall be defined as (i) rental for any
period less than thirty (30) days or (ii) any rental if the occupants of the building are
provided customary hotel services, such as room service for food and beverage, maid
service, furnishing laundry, linen and bellboy service. Other than the foregoing
obligations, the Owners of the respective Lots shall have the absolute fight to lease the
buildings located thereon provided that said lease is in writing and is expressly made
subject to compliance by the tenant with all of the provisions of the Declaration.
(3)
No Owner or his tenants or their respective families or guests may store, locate, or park
for more than four (4) consecutive hours, any trucks in excess of 4,000 pounds gross
weight, or unlicensed or inoperable vehicles, on any portion of the "Developer Property",
including the public streets serving and adjacent to the "Developer Property".
(4)
(5)
(6)
(7)
(8)
(9)
(10)
No building, fence, wall, kennel, mailbox or other structure or other antennas shall be
commenced, erected or maintained upon any portion of the "Developer Property", nor
shall any exterior addition to or change or alteration therein be made or any grading or
landscaping be commenced until the plans and specifications showing the nature, kind,
shape, color, height, materials, and location of the same shall have been submitted to and
approval in writing as to harmony of external design and location in relation to
surrounding structures and topography by the Architectural Control Committee. In the
event the Architectural Control Committee, or its designated representative, fails to
approve or disapprove such design and location within thirty (30) days after said plans and
specifications have been submitted to it, approval will not be required and this provision
will be deemed to have been fully complied with.
No dwelling constructed on any portion of the "Developer Property" shall contain less
than 1,600 square feet of interior space on the ground floor in the case of a single story
structure, not less than 1,600 square feet of interior space on the first two levels at or
above the front entry elevation in the case of a split-level structure, and not less than 1,200
square feet of interior space on the ground floor in the case of a structure containing two
or more stories, provided that the aggregate interior square footage for all levels is not less
than 1,750 square feet of interior space. Each Lot within the "Developer Property" shall
contain an attached garage sufficient to store a minimum of three (3) automobiles.
The main dwelling shall be completed within 12 months of commencement of
construction.
Siding on dwellings shall be earth tone colors of brick, stone, stucco, wood or steel. No
vinyl siding will be allowed. Siding materials other than those above specified may be
permitted with the written approval of the Architectural Control Committee. Shingles
shall reflect the style of the home. All roofs on main dwelling must have a roof pitch 6-12
or more. All homes must have either a front porch or patio.
End load garages will be required for Lots that exceed 125 feet at setback and will not
disturb the natural contours of the site. Those lots are Lots 1, 2 and 7, Block 3, Lots 1, 2,
3, 6, 7 and 8, Block 2 and Lots 1 and 2, Block 1, Lots 2, 3, and 5 Block 4.
All grading, construction and related activities on any portion of the "Developer Property"
shall be conducted in accordance with the standards for such construction and the
requirements prescribed therefor by the City of Elk River, Minnesota.
No structure of a temporary character or nature, trailer, tent or shack may be used on any
Lot any time as a residence, either temporarily or permanently.
(11)
(12)
(13)
(14)
(15)
(16)
Obnoxious or offensive trade or activity shall not be carried on upon any Lot nor shall
anything be done thereon which may be annoying to the neighborhood. No poultry,
livestock, or animals may be kept upon any Lot except a maximum of two (2) dogs and
three (3) cats per residence. All domestic animals shall be under the control of the owners
at all times. No accumulation of junk, garbage, or debris may be maintained on any Lot.
No trailer houses, travel trailers, or bus is to be permitted on premises unless properly
garaged.
No trash receptacles, incinerators, burners, or garbage cans shall be permitted to be place
outside of a building or structure on any Lot withing the "Developer Property" unless
made of stone or brick or unless hidden by an approved screen of suitable height.
The provisions hereof shall be deemed independent and several, and the invalidity or
partial invalidity or unenforceability of any one provision or portion thereof as may be
determined by a court of competent jurisdiction shall not affect the validity or
enforceability of any of the other provisions hereof.
The provisions hereof shall be governed in accordance with and construed under the laws
of the State of Minnesota.
Developer and any Owner shall have the right to enforce, by any proceeding by law or in
equity, all restrictions, conditions and covenants now or hereafter imposed by the
provisions of this Declaration.
This Declaration may only be amended by a written instrument signed by Developer and
all Owners of the "Developer Property" and the City of Elk River.
35
Ocainage and Ut~ity Easements are
s
__,_ok__- I ~___1'°___
I
PRELIMINARY PLAT ROLLING HILLS
Being 10 feet in width and adjoining
right of--way lines, also being 5 fe~t
in width and od}Dining lot lines, unless
otherwise indicated, as shown on the plat.
/Northwest Comer of the S~uthwe~t
/~""Quart~r of the Northeast
~ti~ I. To~p 3J, R~ge 26
~ '~.~.-- . ..- . ~o..
~/ f322.35
-,:
-. ,.._ --. '~-... ~. -. ~..
", x "'~ ':~"~' ~- ~'~-- ~_
LEGEND
-- - ;~, ~ - EXISTING CONTOURS
-- -- ~--- OEUNEATED WET LANDS
EXISTING TREE
~ EXISTING TREE LINE
· FOUND W(~NUMEN T
O SET MONUMENT
(~) FOUND CAST IRON MONUMENT
OWNER: D~nls Peters~ etal
22658 ~ St. NW
Etk Ri,~e~. Mn. 55330
(6~2)441--2690
LEGAL DESCRIPTION
7
OUTLOT B
%
~ ~outhwest Corner of the Southwest Quarter
of the Noctheo$~ Ouarter. Eection 7 Township
308
1516.17 Northeast
South line or the Southwest Quarter of the
£
PROPOSED
E 2~32.34 -- ~
1285.17
~ S~GN
EXISTING POLE
EXISTING GUY ANCHOR
EXISTING ELECTRIC BOX
EXISTING TELEPHONE PEDESTAL
Possible House Pad
Location
City of Elk River
Sherburne County,
N
0
SCALE
Northeast C~e~ of the Southeast Ouarter of the
No(theast Ouorte~ Section I. Town~hiD 3.3. Range 26,
T~ 95794 N
b-~-~ .~
_/
/o
MN
20O 500
FEET
71
L~,
East Ouort~
~. ~ 26. o
,
Z
C)~r~ n-
SHEETi
PREUM~NARY PLA T ROLUN~ H~LL$
City of Elk River
Sherbume County, MN
N
North,est Co-nec of the Norfhe~7$t Ouorter of the
N~thwest ~ort~. Secti~ 1. ro~n~ ~, Range 26~ ~ ~-9~- 9~ 0 I00 2~ 300
0
EXISTING
TREE
FO~D
~T MON~ENT
~1 ~ ~ ' ;' ~ ,_-~t / ,/ "ii
N~thwest Ouart~, S~ti~ 1, ro~ip JJ, Range ~.~'
_
%t ~ OUTLOT B ~',
B<~ert, P~ & Aeaodatee, In,=
SILT FENCE
TYPICAL LOT
DRAINAGE AND-
UTILITY EASEMENT
PROPOSED HOUSE PAD--
BUILDING --
SETBACK
~ LOT NUMBER
~SUGGESTED LOWEST FLOC~R ELEV.
~BUtLDING TYPE
LO= DENOTES SPLIT ENTRY LOOK OUT
FB = DENOTES FULL BASEMENT
SWO = DENOTES SPLIT WALKOUT
FWO= DENOTES FULL WALKOUT
FBWO = FULL BSMT WALKOUT
~-SUGGESTED HO~SE PAD ELEVATIONS
LEGEND
EXISTING CONTOURS
DELINEATED WET LANDS
EXISDNG TREE
EXISTING TREE LINE
FOUND MONUMENT
SET M~I. UMENT
FCXJND bAST IRON MONUMENT
SIGN
EXISTING POLE
EXISTING GUY ANCHOR
MITIGATION -- --
AREA
OYL:~LOW
/
I00 YEAR
ELEV. 952.89
0.08 AC-FT
SED POND
NWL~ (
OVERFLOW
ELEV. 958.0
!4
I ,
OU~LOT B ."
949.5
94~.5
103 LF
1.00~
05 LF ~8~'
EMERGENCY-~
OVERFLOW
ELEV. 952.0
-- pR(~OSED .~ / .
,' 0.18 AC-FT
.... ~ NWL 951.0 ,
PROPOSED TRAIL
.-- "' q-~..,
I] EXISTING ELECTRIC 80X
[] EXISTING TELEPHONE PEOESTAL
J~'J POSSIBLE HO~E PAD LOCATION
ealmmmmm PROPOSED SILT FENCE
..---~972~ PROPOSED CONTOURS
>> PROPOSED STORM ~W~R
PROPOSED CATCH BASIN
City of Elk River
Sherburne County,
N
0 lO0 200 3O0
SCALE IN FEET
I00 YEAR
ELEV. 954.0
;--oUTLdT ~ A
FL 951.95 w
FL 950.50 E
I0~ YEAP~
EI.%V. 956.3
~ k
h
OVERFLOW
ELEV. 956.5
O~RFLOW
~EV. 956.9
MN
956.9 N
956.6 S
90 LF 12" CPP
e o.~o~ w/
APRONS
I
Bc_.,,.~ F¢_-'~-~,on & ~__~z~/nc:
~Z
,,°l, o5
WETLAND AREA
CREATED 17,500 SF
7
OUTLOT B ·
F]LLED 7,609 SF
9
LEGEND
EXISTING CON TO~RS
DELINEATED W~T LANDS
EXISTING TREE
EXISTING TREE LINE
FOUND MONUMENT
SET MONUMENT
FOUNO CAST IRONMONUMENT
SIGN
EXISTING POLE
EXISTING GUY ANCHOR
AREA F~LLED
215 SF
4
la EXISTING ELECTRIC 80X
[~ EXISTING TELEPHONE PEDESTAL
[-~ POSSIBLE HOUSE PAD LOCATION
m m m mm mm PROPOSE0 SILT FENCE
PROPOSED STORM SEWER
PROPOSED CATCH BA~N
City of Elk River
Sherbume County, MN
!CA,[ 'T mN :T rifT~°
,~6 sF
---'-. OUTLET ~A~
I
Booer/; Pe,r.~-,,,~n & Assoc_-~,~;_.~/nc
7
OLrTLOT B
LEGEND
EXISTING CON TOtJR*S
DELINEATED WET LANDS
EXISTING TREE
EXISTING TREE LiNE
F~D ~ONUMENT
SET ~CNUMENT
FOUND DAST IRON MONUMENT
SI C.',,I
EXISTING POLE
EXISTING GUY ANCHOR
~ EXISTING ELECTRIC BOX
CD EXISTING TELEPHONE PEDESTAL
[
~ POSSIBLE HOUSE PAD LOCATION
mmmemm PROPOSED S~LT FENCE
>)'- PROPOSED STORW S~WER
· PROPOSED CATCH BASIN
> -- PROPOSED PRESSURIZED SANITARY SEWER
City of Elk River
Sherburne C<xa,~, MN
? T zT
SCALE IN FEET
4
PROPOSED TRAIL .' .'
h., 5 /
TC~O 957.94
9E ~ . - .... 964 . ~ 957.90 S
-- 2- r2~ C~ P'~, ...... ' gGZ'-
/
SECONDARY,
SEWAGE
AREA } AREA
OUTLOT B
LEGEND
EXISTING CONTOURS
DELINEATED WET LANDS
EX~ST~NG TREE
EXISTING TREE LINE
F(X/ND MONUMENT
SET MONUMENT
FOUND C~ST iRON WONUMENT
SIGN
EXIST/NC POLE
EXISTING GUY ANCHOR
[] EXISTING ELECTRIC BOX
· EXISTING TELEPHONE PEDESTAL
POSSI~I.E HOUSE PAD LO~ATION
-~' PRO~OSED STREET LIGHT
PROPOSED 2' CALIPER
MATURE
SPRUCE
City of Elk River
Sherburne County, MN
N
0 ~00 200 300
SCALE IN FEET
'4
F-
.
PROPOSED TRAIL
J /
I
;I
I
~ Peder~n & A.~oc~/nc:
125543
12608
32C
\
~32c
52C
32C
32B
/ ?
/ 32c /
/ >. ^~
32B
J I
C/ty of Elk River
Sherbu~ County, MN
SCALE
N
200 400 600
IN FEET
MAP SYMBOL & SOIL NAME
WATER TABLE DEPTH
32B NEBISH >6.0
32C NEBISH >6.0
346 TALk,10ON 0.5-- L5
540 SEELYVILLE APPARENT
1260C STONELAKE >6.0
12608 STONELAKE >6.0
544 CATHRO APPARENT
1254 RICELAKE 1.5-2.5
125,.96 STONELAKE >6.0
75 BLUFFTON APPARENT
n,'O
3Zb. Iz "~
O___n,- ~,