5.7. SR 06-07-2004River
MEMORANDUM
TO:
FROM:
Mayor and City Council
Michele McPherso~~erector of Planning
DATE: June 7, 2004
SUBJECT: Discussion on Woodland Hills Plat
Item # 5.7.
Attachment
· Pages 10-14 of the May 17, 2004 City Council Meeting Minutes
Scott Breuer, applicant for the Woodland Hills plat, will be in attendance to discuss the
clarification of the motion to approve the Woodland Hills plat. Condition 24 of the
conditions for approval reads,
"Require a 150-foot buffer from the trail property line to the house and allow the
final plat to come back with some minor modifications."
It is the staff interpretation that the Council intended that:
a)
b)
c)
the 150-foot buffer be measured from the trail property line, not the
physical trail;
the 150-foot buffer includes no grading and no removal of trees within
that 150 feet; and
the 150 foot buffer can end within the yards of the residential lots located
adjacent to the Great Northern Trail, but the trees within them must be
protected from grading and removal.
Request
Staff requests that the City Council concur with or clarify the above interpretation of the
condition placed on the approval of the Woodland Hills plat.
S:\PLANNING\Case Files\2004\P 04-02 Woodland Hills\6 07 04 memo cc.doc
City Council Minutes Page 10
May 17, 2004
stated that he didn't feel he should have the burden of acquiring a fire lane from another
property owner. He questioned if the same standards are being applied to other applicants.
Mayor Klinzing closed the public heating.
Mr. Maurer stated that the fire chief needs the lane installed due to the height o
order to make rescues from balconies with the ladder truck.
building in
Mayor Klinzing questioned if other three story buildings in the area had to
requirement.
same
Mr. Maurer stated that it would depend on the location and layout ot
stated that the fire chief may be able to reach acom[
other buildings. He
MOVED BY COUNCILMEMBER MOTIN AND
COUNCILMEMBER TVEITE TO APPROVE THE C~
FOR A SENIOR HOUSING COOPERATIVE FOR
FOLLOWING CONDITIONS:
BY
USE PERMIT
PLACE WITH THE
1. ALL COMMENTS OF THE CITY
BE ADDRESSED.
2. THE LANDSCAPE PLAN SHALL BI
TREES ALONG 171sT AND
TO INCLUDE STREET
3. THE ADJACENT STREETS
DIRECTION OF THE
BE SIGNED "NO PARKING" PER
4. THE LOOP IN FRONT Ol
ENTRANCE TO THE BUILDING
5. EMERGENCY ACCEl
PER THE DIRECTI
MOTION CARRIED 5-0.
MOVED BY COUNCI
FINAL
FOLLOWING C(
1. ALL
MOTION
coming
SHALL BE PROVIDED FROM POLK STREET
OF THE FIRE CHIEF.
DTIN AND SECONDED BY
TO ADOPT RESOLUTION 04-40 GRANTING
PULLMAN PLACE, CASE NO. P 04-09 WITH THE
OF THE CITY ENGINEER SHALL BE ADDRESSED.
5-0.
stated to the applicant that she did not want to see furore residents of this plat
complain about noise levels and odor issues due to its proximity to
industrial areas. She stated that the industrial companies were in this location first and the
applicant should forewarn residents of these issues.
Request by S & A Family Investments, LLP for Preliminary. Plat Approval of Woodland Hills,
Public Hearing-Case No. P 04-02
Senior Planner Scott Harlicker submitted the staff report. This item was continued from the
April 19, 2004 City Council meeting. Mr. Harlicker stated that the applicant submitted a revised
City Council Minutes Page 11
May 17, 2004
plat on May 12, 2004 that narrowed the right of ways on two streets in order to create a larger
buffer adjacent to The Great Northern Trail.
Mr. Maurer stated that with the narrow right-of-ways in this plat the city could be opening itself
up for trouble on furore plats by setting this precedence. He stated that the Council could grant
a setback variance for the parcels along the Trail.
Mayor Klinzing opened the public hearing.
Steve Yoch, Attorney for S&A-Provided a chronology of the platting process that S&A has had
with the city.
Bonnie Crowe, 19528 Albany Street-Asked to review the changes that were made in the revised
plat.
Marty Campion, Civil Engineer for applicant-Stated that he narrowed the right-of-ways on this
plat in order to increase the buffer from the lots to the trails.
Parks and Recreation Commissioner Dave Anderson stated that Scott Breuer builds quality
homes. He stated that the Commission would like to protect the view of the plat from the Trail.
He stated that past developments may be closer to the trail but that is because past
Commissions didn't know any better but are learning from experience. He stated he would like
to see more trees in the development.
Bill Lanther, 19533 Albany Street-Stated concerns about drainage. He is also concerned about
trees dying due to the drainage.
Mr. Maurer stated that the applicant will he held to the same standard that all developers are
held. He stated that this applicant should be responsible for clean up of the current holding
pond.
Dave Schultz, 19512 Albany Circle-Stated concerns about the streets being narrow.
Mr. Harlicker stated that the rights-of-way would be narrow and not the streets.
Denise Lanther, 19533 Albany Street-Stated she is concerned about trees. She is concerned
about the park being too close to woods and not safe for children.
Mayor Klinzing closed the public hearing.
Councilmember Dietz suggested that rather than narrow the rights-of-way, the city should give
setback variances.
Councilmember Tveite stated that he would like to keep the right of way as a buffer and to offer
10 foot front yard setback variances. He stated disappointment that there wasn't a density
reduction to the plat by the applicant.
Ms. McPherson stated that a no cut area could be added to the buffer area.
Councilmember Dietz questioned if the city is satisfied with the oak w/it containment.
Ms. McPherson stated that the developer will have to hire a private contractor to help create an
oak wilt suppression plan that would be reviewed by staff.
City Council Minutes Page 12
May 17, 2004
Councilmember Kuester stated that she contacted Tim Edgerton (with the Sherbume County
Tree Board). She reviewed a map of all the areas in Elk River that had oak wilt.
Councilmember Motin stated that he does not like the plat the applicant submitted but the
applicant is conforming to the R1C standards. Councilmember Motin stated that the applicant
cannot please everyone. He stated he would like to see Outlot A maintained. Councilmember
Motin stated he would like to see more tree preservation within the city. He suggested that if
trees can't be saved in a plat then the city should look at other areas of the city be reforested.
Mayor Klinzing stated the applicant has done everything he could to please as many people as
he could. She stated that a conservation easement will help preserve trees. She stated that the
applicant must consider his cost in the project and the city tends to cause some of the high cost
of housing due to the process and all the conditions the applicant must complete. She stated she
is disappointed the applicant did not create a premier development for this location and wishes
the plat had a lower density.
Mr. Beck stated there should be a no cut easement rather than a conservation easement.
Marty Campion, applicant's engineer-Stated he can't agree with the 30' no cut requirement due
to the topography of the land.
Ms. McPherson suggested the developer use retaining walls in order to preserve trees. She stated
a variance for the lots may not be appropriate.
Mr. Beck stated that if the setback is changed then lots will also be changing in depth and size
requirements. He stated the applicant is not entitled to every lot allowed in the plat due to the
unique characteristics of the site. The applicant could make the lots wider rather than deeper.
Mr. Yoch stated the applicant is already constructing fewer lots than allowed. He stated that the
applicant would be willing to accept the variance or possibly shifting the road. He stated the 30'
barrier would make the lots unbnildable.
Mr. Beck stated the city could approve the plat with the condition that a 150' buffer be
preserved from the trail and that no grading and cutting can be done and let the developer
determine how to accomplish that whether it be by combining a few lots, building retaining
walls, or by compressing lots in the interior.
Councilmember Tveite stated he would be amendable to the suggestion from Mr. Beck to
require a 150' buffer from the trail property line to the house and allow the final plat to come
back with some minor modifications.
MOVED BY COUNCILMEMBER TVEITE AND SECONDED BY
COUNCILMEMBER MOTIN TO APPROVE THE PRELIMINARY PLAT WITH
THE FOLLOWING CONDITIONS:
A DEVELOPERS AGREEMENT BE PREPARED AND EXECUTED
OUTLINING THE TERMS AND CONDITIONS OF THE PLAT
APPROVAL PRIOR TO RELEASING THE PLAT FOR RECORDING.
0
SURFACE WATER MANAGEMENT FEE BE PAID IN THE AMOUNT
REQUIRED BY THE CITY AT THE TIME OF FINAL PLAT PRIOR TO
RELEASING THE PLAT FOR RECORDING.
City Council Minutes Page 13
May 17, 2004
3. THE LETTER OF CREDIT SHALL COVER WETLAND MITIGATION.
DRAINAGE EASEMENTS SHALL BE IN PLACE OVER THE WETLAND
AND THE WETLAND MITIGATION AREAS.
4. RESTRICTIVE COVENANTS SHALL BE RECORDED ON THE
WETLAND AND THE WETLAND MITIGATION AREAS.
5. A THREE YEAR MONITORING REPORT ON THE WETLAND
MITIGATION IS REQUIRED.
6. THE CITY ENGINEER'S COMMENTS BE INCORPORATED INTO THE
PLANS.
7. STREET LIGHTS BE INSTALLED AS REQUIRED BY ELK RIVER
UTILITIES
8. A LETTER OF CREDIT BE PROVIDED TO THE CITY IN THE AMOUNT
OF 100% OF THE COSTS OF THE PUBLIC IMPROVEMENTS.
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 THE PERIOD OF ONE YEAR.
A SEALCOAT FEE IN THE AMOUNT TO BE DETERMINED BY THE
CITY ENGINEER BE PAID PRIOR TO RELEASING THE PLAT FOR
RECORDING.
11. A GRADING AND EROSION CONTROL PLAN BE APPROVED BY THE
CITY ENGINEER PRIOR TO THE ISSUANCE OF BUILDING PERMITS.
12. A DEVELOPMENT PLAN BE APPROVED BY THE CITY ENGINEER
PRIOR TO THE ISSUANCE OF BUILDING PERMITS.
13. ALL GRADING BE CERTIFIED PRIOR TO THE ISSUANCE OF
BUILDING PERMITS.
14. ALL MAILBOXES BE CLUSTERED.
15. A TREE PRESERVATION PLAN BE APPROVED PRIOR TO RELEASING
THE PLAT FOR RECORDING.
16.
ANY TREES OFF SITE OR ON SITE, NEAR THE LIMIT OF GRADING
THAT ARE TO BE PRESERVED, SHALL BE FENCED WITH A SNOW
FENCE AT THE DRIP LINE TO PREVENT GRADING, COMPACTION,
OR STORAGE OF EQUIPMENT, DEBRIS OR MATERIALS. STAFF
SHALL INSPECT FENCING PRIOR TO GRADING COMMENCING.
17.
WATER ACCESSIBILITY FEES IN THE AMOUNT DETERMINED BY
THE CITY BE PAID PRIOR TO RELEASING THE PLAT FOR
RECORDING.
18. ANY ITEM OR CONDITION FOUND THAT INDICATES THE SITE IS
LIKELY TO YIELD INFORMATION IMPORTANT TO PRE-HISTORY OR
City Council Minutes
May 17, 2004
Page 14
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.
19. NO GRADING~ EXCEPT FOR THE CUL DE SAC~ SHALL BE ALLOWED
IN THE WOODED AREA OF OUTLOT A
20. THE DEVELOPER SHALL WORK WITH THE CITY ON AN OAK WILT
SUPPRESSION PROGRAM. THIS PROGRAM SHALL BE APPROVED
AND IN PLACE PRIOR TO ANY TREE REMOVAL.
21. OUTLOT G BE COMBINED WITH LOTS 3 AND 4, BLOCK 4
22. OUTLOT C BE ELIMINATED.
23. ALL COMMENTS CONTAINED IN REBECCA HAUG'S MEMO DATED
5/12/04 SHALL BE ADDRESSED.
24. REQUIRE A 150' BUFFER FROM THE TRAIL PROPERTY LINE TO THE
HOUSE AND ALLOW THE FINAL PLAT TO COME BACK WITH SOME
MINOR MODIFICATIONS.
Councilmember Kuester questioned if the final decision is that the city cannot allow a variance
on the front setback.
Councilmember Tveite stated that the variance is still open and can come back at final plat.
Ms. McPherson asked for clarification on where the 150' measurement will begin. She
questioned if the city would be measuring the buffer starting at the right-of-way line to the back
the house.
Mayor Klinzing stated that the 150' buffer begins from the trail.
Mr. Campion stated he is concerned that a different Council would not understand that the
applicant could come back with the variances and he would like the variance option listed as
part of the motion.
Councilmember Tveite stated that the variance discussion would be in the minutes.
Mayor Klinzing stated that the Council cannot legally require a future Council to approve the
variances.
Mr. Beck stated that the applicant could submit an amended preliminary plat for approval.
MOTION CARRIED 5-0.
The Council took a five minute break at 10:10 p.m.
6.9. Request by Lynda Co°mbs Schmelmg for Administrative Subdivision, Public_~'~
AS 04-03 ~_
Director of Planning Mi~p~o. rt. Ms: M.cpherso~n stated the
mmistrative subdivision to create a 2.5 acre lot from a 10 acre