5. OPEN FORUM HANDOUTParks & Recreation Commission Minutes Page 2
October 12, 2016
-----------------------------
6.1 Public Hearing — Woodland Trails Park Renaming
Mr. Hecker shared staff report.
No one showed up for discussion of public hearing.
Moved by Commissioner Niziolek and seconded by Commissioner
Kellemeyn to accept staff recommendation to recommend to City Council to
change the name of Woodland Trails Park to Woodland Trails Regional Park.
Motion carried 6-0.
7. Action Items
7.1 Park Dedication — White Oak
Mr. Benoit presented his staff report.
Commissioner Niziolek suggested that the trail be on the east side of the road, trail
loop would be safer for pedestrians.
Mr. Benoit stated that the east side was not as palatable to build a trail so the west
side was recommended.
Commission discussed which side to put the trail on to create a safe looped trail
from Woodland Trails Park.
Mr. Benoit stated that the easement applies to one side.
Moved by Commissioner Niziolek and seconded by Commissioner Nystrom
to accept staff recommendation to accept park dedication paid in form of
cash for one dwelling unit at the City Council established rate when the
subdivision is released for recording along with acquiring an easement for a
trail on the parcel that is being created on the east side of Elk Lake Road.
Motion carried 6-0.
7.2 Park Dedication — Elk Path Business
Mr. Benoit presented his staff report.
Moved by Commissioner Niziolek and seconded by Commissioner
Kallemeyn to accept staff recommendation to accept park dedication paid in
the form of cash for 2.94 acres at the City Council established rate when the
PO/1tt1 B}
NATURE
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November 21, 2016
Elk River City Council,
When our Request for Action went before the City Council and was approved on October 17,
2016 it contained recommendations from the Parks and Recreation Commission that we were
unaware of. We have since learned that the Parks and Rec board met on October 12, 2016 to
discuss and approve our proposal. Our proposal was item number 7.1 on their agenda and the
Request for Action stated the following: (see exhibit #t -Parks and Recreation Request for Action)
Action Requested
Recommend, bil motion, park dedication for Whiteoak to be as follows:
1. Park dedication shall be paid in the form of cash for one dwelling unit at the City Council
established rate when the subdivision is released for recording. The rate is currently $1,425.93 per
dwelling unit. Staff will determine the final amount when the plat is released for recording.
Parks and Recreation Master Plan
'Me Neighborhood Parks Sentice Area text in Chapter 5 of the master plan states, mmation fadkiies should
he deffoped when 300 or more iwusetwlds wa/Gin cluster developments or on lots less than 2 m rs Wr keeled yitbiu 1.5
reel/ei Gf 1hr park. The subject property does not meet this tequircment. 'l'hcmfore, staff recommends the
Parks and Recreation Commission recommend Park Dedication be in the form of cash.
'frail Connectivity, as indicated in the master plan, indicates "tither Future Trails" are desired along the
west side of Elk hake Rd NW. The subject property is on the east side of Elk Lake Rd so the trail
connectively plan does not apply in this case, thcrcfote nes easement is needed for a trail.
Unfortunately this process is new to us and we are a bit naive. We were not aware that the
Parks and Recreation Commission had to approve this or we would have attending that
meeting. At this time we have been unable to find any posted minutes from this meeting so we
do not know what was discussed or agreed upon by the Parks Commission. It would appear
based upon the Request for Action that came before you on October 17, 2016 that they decided
that in addition to the park dedication fee of $1,425.93 they also wanted an easement along the
west side of our property. When this Request for Action was brought before you the easement
and comments from the City regarding steep slope were mentioned and no width of the
easement were indicated (see exhibit #2 -Elk River City Council Request for Action)
Pat-ks and Recrearion \faster platy
Trail Connectivity, as indicateJ in the master p6n, indicates "Other Future Trails" arc desired along the
west side of Elk l .akv Rel N\\'. ;\Ithough the subject property is on the east side of I .Ik Lake Rd and the
trail connectivd% plan should not apply, the Parks and Recreation Commission recommended that a trail
casement be required along the entire westent side of the subject property. A width of the eascntcnt teas
not recottimended. `Me Commission stats also informed of the steep slopes along the western side of the
subico propertc. \\ irhout aloins design and engineering of the arca, it will Ire clifficidt to dercrtnine a
411iwhlc'kvidill of an casement.
At the time this Request for Action was brought before the easement was not listed in Exhibit B
Conditions of Approval that went before you (see exhibit #3). After the City Council meeting we
contacted the City to discuss the easement because we were not sure what was requested and
what had been reviewed and after several discussions with City staff we learned that the
easement was added and was going to be 20 feet along the entire western side of our property.
We are coming before you today to ask that you amend the easement on the final plat of our
request and only require the park dedication fee of $1,425.93.
We feel that since the master plan indicates "Other Future Trails" are desired along the west
side of Elk Lake Rd and not the east side this easement is not necessary. We feel that there
may be some confusion by the Parks and Recreation Commission regarding our property. We
reside within the city limits but live on a county road. This means that Sherburne County
already has a 50 foot from center line easement on our property and has since we built our
home. This easement would add an additional 20 feet onto the County's easement. As you
may recall when CR 1 was widened several years ago many pine trees were lost due to the
widening of the road. After the road was widened we hand planted over 500 pine trees along
the western side of property next to the 50 foot easement to help create a barrier between the
busy road and our property due to the increase in road noise. Our property is long and narrow
and we have approximately 1660 feet of road frontage on the western side which would mean
that the city would acquire approximately .79 acres of land. This easement has the potential to
allow the city to remove the only barrier we have between us and the busy road and place a
path of some sort literally in our yard.
This easement is confusing to us in many ways and we feel as though it was thrown in at the
last minute without much thought.
• There is nothing noted in the master plan that indicates anything about future trails or
anything else along the east side of CR1. There is currently a bike path on the west side
of CR 1 so we fail to understand the need for another bike path on the east side of the
same road. The trails are desired along the west side of CR1 so why is this easement
needed?
• The Exhibit B -Conditions of Approval contained in the Resolution for Case No. P 16-18
that were in the board packet that evening did not contain item #6 relating to the
easement. There were 5 items listed on Exhibit B and none of those items were related
to an easement. The board minutes now show a 6th item listed in the conditions which is
a trail easement with no width indicated see exhibit #4 --Elk River City council Minutes. How can
the board packet that we received that evening and that was voted on to approve only
contain 5 conditions but now the board minutes contain an item #6?
• Because our property did not meet "The Neighborhood Parks Service Area text in
Chapter 5 of the master plan, recreation facilities should be developed when 300 or more
households within cluster developments or on lots less than 2 acres located within 1.5
miles of the park". We had to pay $1,425.93 in park dedication fees. How can we have
to pay park dedication fees of $1,425.93 because our property doesn't meet the master
plan and then have an additional easement added on?
• The Parks Commission was informed of the steep slopes along the western side of our
property and per the Request for Action "Without doing design and engineering of the
area, it would be difficult to determine a suitable width of an easement'. According to the
draft council minutes our proposal was approved with the wording "A trail easement shall
be required along the entire western side of the subject property" but no actual footage
was mentioned. Was 20 feet that was decided upon later just some random number that
was thrown out after this request was approved?
• Has anyone from the Parks and Rec Commission looked at this property? The portion of
our property that runs along CRI is sloped and quite steep in most areas as are a lot of
homes on the East side of County Road 1. Due to the slope of our property it would be
very costly to the taxpayers of ER to put any sort of trail there. I am reasonably certain
that nobody ever truly walked that area or they would know that a path on the east side is
not a realistic option.
We come before you today to ask that you amend Resolution 16-67 that approved our Final Plat
by removing or striking condition #6. This condition requires a trail easement along the entire
western side of the property. We ask that you accept condition #1 Park Dedication fees in the
amount of $1,425.93 as the only condition as was initially suggested in their original Request for
Action. (see exhibit #3)
Thank you for your time and consideration today.
Respectfully,
Roger and Deb Whiteoak
20927 Elk Lake Rd NW
Elk River MN 55330
763-441-7415
Steve
Park Dedication - Whiteoak
ktl c vt �
Request for P��-
Item IVtlmbe� �
ar
Recreation Manaaer
ActAlon Requested
Recommend, by motion, park dedication for Whiteoak to be as follows:
Parks and Recreation Director
1. Park dedication shall be paid in the form of cash for one dwelling unit at the City Council
established rate when the subdivision is released for recording. The rate is currently 31,425.93 pet
dwelling unit. Staff will determine the final amount when the plat is released for recording.
Background/Discussion
The subject property is on the east side of Elk Lake Rd NW across from the intersection of 209" Ave. It
is zoned R1 -a (Single Family Residential).
The applicant is proposing to split the property into two parcels, one new buildable lot, and one lot for
the existing house. The proposed buildable lot is 3.96 acres in size and the parcel with the existing home
is not eligible for park dedication.
Packs and Recreation Master Plan
The Neighborhood Parks Service Area text in Chapter 5 of the toaster, plan states, tecYerttiort facilities sbajVld
be deteiaped when 300 or tnon bouselto do moots theater developments or oa lois less than 2 acres or located mitbin 1.5
miles of the park. The subject property does not meet this requirement. Therefore, staff recommends the
Parks and Recreation Commission recommend Park Dedication be in the form of cash.
Trail Connectivity, as indicated in the master plan, indicates "Other Future Trails" are desired along the
west side of Elk Lake Rd NW. The subject property is on the east side of Elk Lake Rd so the trail
connectively plan does not apply in this case, therefore no easement is needed for a trail.
Financial Impact
None
Attachments
• Location Map
® Prebminary Plat
Priority Conceptual Connections (Fig 5.6)
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Cay Request for Action
River
To
Item Number
Mayor and City Council
7.5
Agenda Section
Meeting Date
Prepared by
Public Hearings
October 17, 2016
BrieAnna Simon, Planner
Item Description
Reviewed by
Whiteoak Final Plat, Roger Whiteoak — 20927 Elk
Lake Rd NW
Zack Carlton, Planning Manager
Reviewed by
Cal Porhiex, Ci Administrator
Action Requested
Approve, by resolution, the Final Plat of Whiteoak with the following conditions:
1. Park Dedication Fee shall be paid for one dwelling unit at the rate applicable when the
subdivision is released for recording. The current rate for low density residential is $1,425.93 per
dwelling unit.
2. Surface Water Management Impact Fee shall be paid for one dwelling unit at the rate applicable
when the subdivision is released for recording. The current rate is $113 per lot
3. The plat shall not be released until the wetland delineation is approved by the Technical
Evaluation Panel and updated as directed.
4. Submittal of written approval from Sherburne County permitting an additional driveway for the
new parcel.
5. Staff approval of all required development and grading plans.
6. A trail easement shall be required along the entire western side of the subject property.
Background/Discussion
Case No. P 16-18
The subject property is on the east side of Elk Lake Rd NW across from the intersection of 209'' Ave. It
is zoned R -la (Single Family Residential) with a minimum lot size of 2.5 acres and 160 feet of frontage
on a public street.
The applicant is proposing to split the property into two parcels, one new buildable lot, and one lot for
the existing home. The proposed lot, with the existing home, is 2.62 acres and the buildable lot is 3.96
acres. The remaining 2.16 acres will be dedicated as public right-of-way.
Analysis
Comprehensive Plan
The subject property has a Rural Residential Land Use. The predominant land use in this area is single
family detached homes without public utilities.
Parks and Recreation
The Parks and Recreation Commission, on October 12, 2016, recommended Park Dedication be paid for
one dwelling unit. The current rate is $1,425.93 per dwelling unit. Staff will determine the final amount
when the plat is released for recording.
P I if E fl E l I P
iNAiURE
Parks and Recreation Master Plan
Trail Connectivity, as indicated in the master plan, indicates "Other Future Trails" are desired along the
west side of Elk Lake Rd NW. Although the subject property is on the east side of Elk Lake Rd and the
trail connectively plan should not apply, the Parks and Recreation Commission recommended that a trail
easement be required along the entire western side of the subject property. A width of the easement was
not recommended. The Commission was also informed of the steep slopes along the western side of the
subject property. Without doing design and engineering of the area, it will be difficult to determine a
suitable width of an easement.
Applicable Regulation
Approval of a plat may only be ordered if the following findings have been made, as outlined in Se(
30-375:
1. The proposed subdivision it consutent )Mb the zoning regulations (article VI of this ebaptet) and co forms in a,
respeas with all requirements of this Code, including the zoning regulations and this artick.
The property is zoned R -1a and the proposed subdivision is consistent with the zoning regulati•
outlined in the city code and approved plans.
2. Tbeproposed subdivision u consistent nitb all apphaubkgenetal and specialized city, county, and mponalplans,
inclnding, but not limited to, the city's romptrbensive development plan.
The proposed subdivision does not conflict with any city, county, or regional plans, including the
Comprehensive Plan.
3. The pbysual characteristics of the site, inducting but not limited to topography, soils, regetahon, suseeptibility to
erosion and siltation, susaptibility to flooding and drainage are suitable for the type and density of development and
uses contemplated
The site is suitable for the proposed development. Primary and secondary septic locations are
located on the plat.
4. The pmposed subdivision makes adequate provision for water supply, storm drainage, sewage transportation, erosion
control and all other setwces, facilities and improvements otbernwe requited in this mtide
The subdivision has adequate provision for all required facilities.
5. The proposed subdivision will not cause substantial environmental damage.
The proposed subdivision will not cause substantial environmental damage.
6. Tbepnposed subdivision will not conflict with easements of record or uitb easements established by judgment of a
roum
As there are no existing easements, new easements will be established with the final plat.
7. The proposed sabdtision will not have an undue and adverse impact on the reasonable development of neighboring
land
The proposed subdivision will not have an undue and adverse impact on the reasonable
development of neighboring land.
(8) The proposed subdivision is notpremature. A subdivision is prrmaturr if any of the following exists. -
a, Luck of adequate siormuater drumage.
b. Lack of adequate roadr.
c. Lack of adequate sanitary serer systems
d Lack of adequate of --site pubfu improvements or support systems.
All of the above services or improvements will be connected or constructed as part of the
development.
The project is consistent with all required findings for approval of a plat.
If denial of the plat should occur, it shall accompany recommendations or determinations by findings or a
report stating how the proposed use does not comply with the standards set forth in Section 30-375.
Financial Impact
None
Statutory Review Period
Per State Statute §15.99 the required 120 -day review period ends on January 24, 2017.
Attachments
■ Location Map
■ Area Zoning Map
• Narrative
• Preliminary Plat
■ Final Plat
• Final Plat Resolution
■ Parks and Recreation memo dated October 12, 2016
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Case #
P 16-18
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Agricultural Conservat- n
Planned Unit Developement
Il Light Industrial
Agricultural Resear
® Business Park
I2 Medium Industrial
FttB
Single Family R idential
Downtown District
General Industrial
Single Famil esidential
Mixed Use - Elk River Plaza
FA7ST FAST (subzones A-1)
Single F ily ResidentialCommercial
Reserve Transition
Im Extreme Commercial Recreation
Singl amily Residential
Central Commercial
FW Solid Waste Facility
R27a
T Family Residential
"° B Office District
AT Antenna Overlay District (Tower)
R2b
wo Family Residential
® Highway Commercial
= Open Space Preservation (cluster)
Townhouse/Multiple Family Res.
® Community Commercial
ME Mineral Excavation Overlay District
4
Multiple Family Residential
Urban Service Area
----- Wild and Scenic River District
October 3, 2016
To Whom It May Concern:
We would like to divide our land and make a buildable lot for future use on the
south side of our property.
If you have any additional questions please feel free to contact me.
Sincerely,
Roger & Deb Whiteoak
26927 Elk Lake Rd NW
Elk River MN 55330
763-441-7415 home
612-979-6042 Roger cell
belle20927@gmail.com
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Resolution 16-
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A Resolution of the City of Elk River Granting Final Plat Approval for
Whiteoak, Case No. P 16-18
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
October 17, 2016; 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 the Chapter of 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.
F. The proposed subdivision will not conflict with easements of record or with
easements established by judgment of a court.
/�El[1 11
�A ME
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 bylaw
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 17a' day of October, 2016.
ATTEST:
Tma Allard, City Clerk
John J. Dietz, Mayor
1/NFIE1 IF
NATURE
EXHIBIT A
LEGAL DESCRIPTION
The Southwest Quarter of the Northwest Quarter and of the Northwest Quarter of the
Southwest Quarter lying East of County Road No. 1, Section 17, Township 33, Range 26,
Sherburne County, MN.
PIMt0t0 II
NATURE
EXHIBIT B
CONDITIONS OF APPROVAL
1. Park dedication shall be paid for one dwelling unit at the rate applicable when the
subdivision is released for recording. The current rate for low density residential is
$1,425.93 per dwelling unit.
2. Surface Water Management Impact Fee shall be paid for one dwelling unit at the
rate applicable when the subdivision is released for recording. The current rate is
$113 per lot.
3. The plat shall not be released until the wetland delineation is approved by the
Technical Evaluation Panel and updated as directed.
4. Submittal of written approval from Sherburne County permitting an additional
driveway for the new parcel.
5. Staff approval of all required development and grading plans.
t
rmotote er
MATURE
Request for Action
To
Item Number
Parks and Recreation Commission
7.1
Agenda SectionMeeting
Date
Prepared by
Action Items
October 12, 2016
Steve Benoit, Recreation Manager
Item Description
Reviewed by
Park Dedication - Whitcoak
Michael Hecker, Parks and Recreation Director
Reviewed by
Action Requested
Recommend, by motion, park dedication for Whiteoak to be as follows:
1. Park dedication shall be paid in the form of cash for one dwelling unit at the City Council
established rate when the subdivision is released for recording. The rate is currently $1,425.93 per
dwelling unit. Staff will determine the final amount when the plat is released for recording.
Background/Discussion
The subject property is on the east side of Elk Iake Rd NW across from the intersection of 209`" Ave. It
is zoned Ri-a (Single Family Residential).
The applicant is proposing to split the property into two parcels, one new buildable lot, and one lot for
the existing home. The proposed buildable lot is 3.96 acres in size and the parcel with the existing home
is not eligible for park dedication.
Parks and Recreation Master Plan
The Neighborhood Parks Service area text in Chapter 5 of the master plan states, mreation_ fad# ies sboafd'
be developed when 300 or morr boosehokk witbm elaster developments or on lois lets tban 2 acres are located rvilhin 13
miles oftbe park. The subject property does not meet this requirement. Therefore, staff recommends the
Parks and Recreation Commission recommend Park Dedication be in the form of cash.
'frail Connectivity, as indicated in the master plan, indicates "Other Future Trails" are desired along the
west side of Elk Lake Rd N\V. The subject property is on the east side of Elk Lake Rd so the trail
connectively plan does not apply in this case, therefore no easement is needed for a trail.
Financial Impact
None
Attachments
■ Location Map
■ Preliminary Plat
■ Priority Conceptual Connections (Fig 5.6)
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Cityt:ounctl Minutes Page 7
October 17, 201 G
Councmember Burandt asked if Council could continue this item until staff could
provide options to the applicant.
Mayor Dietz stated it was uncertain the length of time it would take to research and
create a new ordinance and suggested voting on what the applicant requested today.
He stated the applicant could reapply in the future with no fee charged.
7.5.
Attorney Beck suggested a motion directing staff to prepare a resolution for denial
with a fLadings of fact for the nett agenda
Moved by Councilmember Olsen and seconded by Councilmember Wagner
to direct staff to prepare a resolution for denial of the variance request by
Vanman Architects and Builders to allow a second freestanding sign in a
residential district with a 55 -foot variance to structure height limit for
Gateway Church, 13913185`t' Ave. NW.
Motion carried 4-1 with Councilmember Burandt opposing.
It was the consensus of Council to direct staff to research other cities in the area for
ordinance regulations of religious symbols, structures, and public art:
Roger White — Simple Plat, Case No. P 16-18
Ms. Simon presented staff report.
Mayor Dietz opened the public hearing. There being no one to speak to this issue,
Mayor Dietz closed the public hearing.
Moved by Councilmember Westgaard and seconded by Councilmember
Olsen to adopt Resolution 16-67 approving Final Plat of Whiteoak with the
following conditions:
1. Park Dedication Fee shall be paid for one dwelling unit at the rate
applicable when the subdivision is released for recording. The current
rate for low density residential is $1,425.93 per dwelling unit.
2. Surface Water Management Impact Fee shall be paid for one dwelling
unit at the rate applicable when the subdivision is released for
recording. The current rate is $113 per lot.
3. The plat shall not be released until the wetland delineation is approved
by the Technical Evaluation Panel and updated as directed..
4. Submittal of written approval from Sherburne County permitting an
additional driveway for the new parcel.
5. Staff approval of all required development and grading plans.
6. A trail easement shall be required along the entire western side of the
subject property.
Motion carried 5-0.
►ertrto �t
L4ATURE
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