6.1. SR 03-15-1999
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ITEM #6.1.
MEMORANDUM
TO: Mayor and City Council
FROM: Scott HarIicker, Planning Assistanrj!s:
DATE: March 15, 1999
SUBJECT: Request by Art Peterson for
Preliminary and Final Plat Approval
(Star Light Estates), Public Hearing
Case No. P 99-3
Request
Consider a request by Art Peterson for preliminary and final plat of Star
Light Estates
Location
.
North side of Meadowvale Road near the intersection of Pascal Street
Zoning / Land Use
RIa (Single Family Residential) / LR (Low Density Residential)
Attachments
. Location map
. Preliminary and final plat
· Memo from City Engineer
. Memo from Jeff Beahen, Assistant Chief Police
· Memo from Sherburne County Public Works Department
. Resolution No. 99-
Overview
The applicant is proposing to plat 16.29 acres into one residential lot and an
outlot. The residential lot will be 2.5 acres, the outlot will be 13.35 acres and
.44 acres will be plated as part of the right-of-way for Meadowvale Road
(County Road 32). There is an existing house on the property; it will be
located on the residential lot (Lot 1). The land to be included as part of the
. outlot is currently farmed and will continue to be farmed.
13065 Orono Parkway · P.O. Box 490 · Elk River, MN 55330. TDD & Phone: (612) 441-7420 . Fax: (612) 441-7425
.
.
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Memo to Planning CommissionlP 99-3
March 15, 1999
Page 2
The property is mostly open with some woodland on the eastern part of the
outlot. The property slopes down to the south from a high point on Outlot A.
Dimensional Requirements
Lot 1 complies with the area and dimensional requirements of the RIa zoning
district. Lot 1 has 328 feet of frontage on Meadowvale Road and is 331 feet
deep. Future development of the outlot will have to be in compliance with the
dimensional requirements in affect at the time of platting.
Grading, Drainage and Utilities
The City Engineer will comment on these issues in his memo.
Street and Access
The plat shows a 60 foot wide strip extending into the property for future
location of a city street. The street will be constructed as part of the platting
of Outlot A. The proposed location is about 200 feet south of the existing
intersection of Meadowvale Road and Pascal Street. In 1995 the applicant
was issued an access permit from Sherburne County for access at this
location.
The existing house has access directly from Meadowvale Road. This access
should be eliminated when Outlot A is platted and access provided from the
new city street and not the county road.
Future Development
The applicant has not completed plans for future development of Outlot A.
However, when that lot is developed it will be accessed through the 60 foot
wide strip that extends out to Meadowvale Road. The lot is likely to be
subdivided into 2.5 acre lots.
Park and Recreation Commission
Park and recreation fees and/or land will be addressed when Outlot A is
platted. No fees are due at this time because Lot 1 has an existing residence
and fees or land will be required for each of the undeveloped lots once the
outlot is platted.
PlanninI! Commission Meeting
s: \planning \scott \p99-3cc. doc
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Memo to Planning CommissionlP 99-3
March 15, 1999
Page 3
At the public hearing held in connection with this request representatives
from the St. Louis Park Gun Club, which abuts the applicant's property on
the north, expressed concern about the impact the proposed plat will have on
their operations. Jeff Beahan, Assistant Chief, addressed the gun clubs
concerns in a memo included in this packet. In his memo he indicated the
required setback between the discharge of firearms and residences would not
become an issue until the applicant moves forward with the plating of Outlot
A. The Planning Commission recommended approval of the preliminary plat
for Star Light Estates
Recommendation
It is recommended the City Council approve the preliminary plat and
Resolution No.99-_ approving the final plat for Star Light Estates with
the following conditions:
1. All comments of the City Engineer be addressed.
2. Comments in the letter from Sherburne County Public Works Department
be addressed.
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Howard R. Green Company
CONSULTING ENGINEERS
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Formerfy MSA
Consulting Engflllll!lfS
January 21, 1999
File: a06230J-0240
Mr. Scott Harlicker
Assistant City Planner
City Of Elk River
13065 Orono Parkway
P.O. Box 490
Elk River. MN 55330
RE: STAR LIGHT ESTATES
Dear Mr. Harlicker.
As requested, we have reviewed the administrative subdivision for Star light Estates. Based on
our review, we would offer the following comments.
.
1.
This administrative subdivision proposes to create one lot surrounding an existing home
and then leave an outlot with approximately 13.5 acres for future development The
outlot will be serviced with a public road off of Meadowvale Road (County Road 32).
The SO-foot portion of Outlot A, which will eventually become right-of-way for the public
street, is located approximately 200 feet east of Pascal Street. Pascal Street has a
significant amount of traffic since it Is the only way to access Oakwood Hills and also
servicing a portion of Hobbit Hills. We would suggest that better separation of
intersecting streets along a County Road could be achieved if the eO-foot portion of
Outlot A for future right-of-way were located on the east side of the existing home rather
than the west side.
2. We would also suggest that when the Mure street to service Outlot A Is constructed, the
existing home be required to relocate its driveway onto this street. This will eliminate
one driveway access onto County Road 32. .
3. The easement provided around the perimeter of Lot 1, Block 1 adjacent to thp. future
street right-of-way should be increased to 10 feet rather than the 5 feet she". "n.
4. There is no topography provided for Outlot A, therefore. it is difficult to assess if there
are any wetlands or other topographic features that will make the development difficult.
We have reviewed the aerial photography for this property and it appears thel'e are
minimal. if any, wetlands. We assume that topography and wetland Information will be
provided when Outlot A is further subdivided.
'.
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1326 Energy Parle Drfve · St. Paul. MN 55108 . fi1'/~L"UlO ,.... ~'?/~A... n.....: __II I.u .......__ .___
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Mr. Scott Harlicker
January 21, 1999
Page two
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If you have any questions or would like further information on these comments, please contact
me.
Sincerely,
HOWARD R. GREEN COMPANY
Terry J. Maurer, P.E.
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Howard R. Green Company
CONSULTING ENGINEERS
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To: Scott H.
From: Jeff Beahen
Police Department
Date: 02-05-99
Subject: St. Louis Park Sportsman Club
Per your request, I reviewed the memo received from the club regarding the
request by Art Peterson to subdivide a 16-acre parcel.
I would strongly urge the city not to be involved in any form of public notification
which would alert private parties that their property is within 250 feet of the
existing gun range. To do so would in my mind, clearly illustrate that the city is
not only aware of the potential problem, but could potentially open the city up to
vicarious liability.
.
It would be in our best interest to either encourage the gun range to move their
range inwards towards their central property area, or to allow the plat to move
forward. In that case we would be best off being up front with the owner and
inform him that no additional subdivision would occur unless there was a buffer
or undeveloped area which would exist between the range and the platted
property .
The best solution all around, would be to have the gun range purchase the
property 250 feet wide along the north border of the platted area. This way they
would be insured that all future development taking place on the remaining
outlot would be in compliance with our existing ordinance. Hopefully Mr.
Peterson would be agreeable to selling off that portion of property to the gun
club at a reasonable price. It obviously would result in a win-win situation for
both interests.
.
]3065 Orono Parkway. P.O. Box 723. Elk River, MN 55330. (612) 441-2324. Fax (612) 441-8937
)
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Sherburne County
PUBLIC WORKS DEPARTMENT
PROJECT ENGINEER
MARK LeBRUN
.
January 27, 1999
425 Jackson A venue
Elk River, MN 55330
(612) 441-1722 · 800-594-5208
Scott Harlicker
City of Elk River
13065 Orono Parkway
P.O. Box 490
Elk River, MN 55330
RE: Preliminary and Final Plat of: Star Light Estates
. Mr. Harlicker:
After reviewing the proposed .plat, an access permit will not be required. Access has previously been
granted in 1995. However, the field entrance on Lot 1, Block 1 will have to be removed.
If you have any questions or concerns please call me or Dick Corbin at 441-1722.
Sincerely,
/f}~\.j0r-
~1ark LeBrun
Project Engineer
.
An Equal Opportunity Employer
.
.
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RESOLUTION NO. 99 -
CITY OF ELK RIVER
A RESOLUTION GRANTING FINAL PLAT APPROVAL FOR:
STAR LIGHT ESTATES
Case No. P 99-3
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 March 15, 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:
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 Zoning Ordinance
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 Development 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.
G.
The proposed subdivision will not have an undue or adverse impact
on the reasonable development of neighboring land.
2. Final plat approval is hereby granted for the Property, subject to the
conditions set forth in attached Exhibit B.
3.
The officers of the City are hereby authorized, once the conditions set
forth in Exhibit B are met and complied with, to sign the final plat for the
Property and to issue a certified copy of this Resolution giving final
approval of the plat.
4. The owner of the Property is authorized to record the final plat as required
by law and shall file proof of said recording with the City. No building
permits will be issued for the Property until the final plat is recorded.
5. This final plat approval shall expire 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:
f: \shrdoc \document \resoluti\p99-3. doc
Page 2
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WHEREUPON the resolution is adopted.
Passed and adopted this _ day of
STATE OF MINNESOTA
COUNTY OF SHERBURNE
CITY OF ELK RIVER
,1999.
Stephanie Klinzing, Mayor
CERTIFICATE
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 , 1999.
WITNESS my hand officially as such Clerk and the corporate seal of the
City this _ day of ,1999.
STATE OF MINNESOTA
SS.
COUNTY OF SHERBURNE
Sandra Peine, City Clerk
The foregoing instrument was acknowledged before me this _ day of
, 1999, by Stephanie Klinzing, Mayor, City of Elk River,
Minnesota.
f: \shrdoc \document \resolu ti\p99-3.doc
Notary Public
Page 3
. STATE OF MINNESOTA
SS.
COUNTY OF SHERBURNE
The foregoing instrument was acknowledged before me this _ day of
, 1999, by Sandra Peine, City Clerk, City of Elk River,
Minnesota.
Notary Public
THIS INSTRUMENT WAS DRAFTED BY:
DOHERTY RUMBLE & BUTLER
3500 Fifth Street Towers
150 South Fifth Street
Minneapolis, MN 55402-4235
.
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f: \shrdoc \document \resoluti \p99-3. doc
Page 4
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EXHIBIT A
Legal Description:
Tract 8, Registered Land Survey No. 16, Sherburne County, Minnesota
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f: \shrdoc \document \resoluti \p99-3. doc
Page 5
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EXHIBIT B
1.
ALL COMMENTS OF THE CITY ENGINEER BE ADDRESSED
2.
COMMENTS IN THE LETTER FROM SHERBURNE COUNTY PUBLIC WORKS DEPARTMENT
BE ADDRESSED.
f: \shrdoc \document \resoluti\p99- 3. doc
Page 6
SLPSC237.DOC
ST. LOUIS PARK SPORTSMANS CLUB
I
. March 15, 1999
TO: THE ELK RIVER CITY COUNCIL
Reference: Case No. P 99-3,
Request by Art Peterson to subdivide a 16 Acre Parcel into a 2.5 acre
single family residential lot and a 13.35 acre outlot, "Star Light Estates".
Before we discuss the concerns of the St. Louis Park Sportsmans Club about the
Reference Subdivision, I would like to give the members of the City Council a brief
history of our Club.
1962/1963
The land was purchased and the various Shooting Ranges were
surveyed and laid out. Shortly after this, the first Shotgun
Trap House and Shooting Pads were built.
1972
The Club House was built.
1978
Elk River Township was incorporated into the City of Elk River.
.
1980/1981
The second and third Shotgun Trap Houses and Shooting Pads
were built.
May 17, 1982
The Elk River Firearms Ordinance was adopted by the
City Council.
June 7, 1982
Pursuant to Section 404.14 of the New Firearm Ordinance, the
City of Elk River approved the St. Louis Park Sportsmans Club's
application for an Organized Gun Club Permit.
Surely, if we were building any range facilities today, we would build to meet the
requirements of the Elk River Firearms Ordinance. In fact, we have incorporated the
Elk River Firearms Ordinance into and as a part of our Club Rules and Constitution.
Also, we would like to point out to those who don't know, the St. Louis Park Sportsmans
Club tries very hard to be a good neighbor and cooperates fully with the City of Elk
River. The Club allows the City's Police Department, the City's Police Reserve, the
Sherburne County Sheriff's Department, and a variety of local groups and organizations
. such as the Boy Scouts and the 4-H Clubs to utilize the gun club facility without charge.
Many of our members are Firearms Instructors and conduct several Firearm Training
Courses during the year.
.
.
THE CONCERNS OF THE ST. LOUIS PARK SPORTSMANS CLUB IN REGARDS
TO THE PROPOSED "STAR LIGHT ESTATES" SUBDIVISION.
The Elk River Firearms Ordinance Section 404.12.2.B. states that "The discharge
or use of a dangerous weapon shall be prohibited within five hundred (500) feet of
any building or the boundary of any platted area."
The letter from the Jeff Beahen of the Elk River Police Department to
Scott Harlicker dated February 5, 1999 suggest several long terms solutions
concerning the issue of the 500 foot requirement of Section 404. 12.2.B of the Elk
River Firearms Ordinance in regard to the Peterson Subdivision. We plan to
pursuit these solutions with Mr. Art Peterson.
As a third solution, the letter suggest to allow the plat to move forward providing
the City inform Mr. Peterson that no additional subdivision of the Outlot would
occur unless a buffer or undeveloped area which would exist between the Gun Range
and the platted property.
ISSUE:
. Although the third solution above seems to solve the problem for now, we are still
concerned about the Firearms Ordnance Section 404.12.2.B which prohibits the
discharge or use of dangerous weapons within 500 feet of the boundary of any
platted area. The "Star Light Estates" subdivision includes the Outlot as part of the
proposed Subdivision and technically is a platted area.
Therefore, when the Elk River City Council approves the "Star Light Estates"
subdivision, technically, the St. Louis Park Sportsmans Club would be in violation
of the City's Firearms Ordnance when we are shooting on our Shotgun Range.
As we stated in the history of the Club, if we were building any new ranges today,
we would build our facilities inward towards the center of the Range Property to
meet the 500 foot requirement of the Firearms Ordinance.
RESOLUTION:
.
1. If the City Council allows the plat to move forward and approves the "Star Light
Estates" Subdivision, the Club would like to have something that stipulates we
are not in violation of Section 404.12.2.B of the Firearms Ordnance as long as the
Outlot is not developed.
OR
.
.
.
2. As a requirement and part of the approval of the "Star Light Estates" subdivision,
the St. Louis Park Sportsmans Club is granted a waiver of the Elk River Firearms
Ordnance Section 404.12.2.B.
Any Correspondence should be addressed to:
Harry D. Stevens
Corresponding Secretary
St. Louis Park Sportsmans Club
387 196th Drive
Elk River MN 55330
Phone 612-441-5887
E-Mail Address:hdstevensl@juno.com
Sincerely yours,
The Board of Directors
St. Louis Park Sportsmans Club
.
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