7.1. SR 10-02-2017City of
Elk az
—
River
Request for Action
To
Item Number
Mayor and City Council
7.1
Agenda Section
Meeting Date
Prepared by
Public Hearings
October 2, 2017
Chris Leeseberg, Senior Planner
Item Description
Reviewed by
Simple Plat: Dancing Crane Acres
Zack Carlton, Planning Manager
Reviewed by
Cal Portner, City Administrator
Action Requested
Adopt, by motion, a resolution approving the Final Plat of Dancing Crane Acres with the following
conditions:
1. Surface Water Management Fee shall be paid for one lot at the rate applicable at the time the final
plat is released for recording (currently $233).
2. Park Dedication Fee shall be paid for one dwelling unit at the rate applicable when the subdivision is
released for recording. The 2017 rate for low density residential is $1,425.93 per dwelling unit.
3. Any item or condition found indicating the site is likely to yield information important to pre -history
or history shall immediately be reported to the city. Further, the city reserves the right to stop work
authorized in its approval until the site is appropriately investigated and work is authorized.
At the September 18, 2017, City Council meeting, the council postponed this item so a representative
from the Parks and Recreation Commission could explain why they recommended a trail on the east side
of Meadowvale Road.
Staff did not recommend the trail easement to be consistent with the Council's action on a similar plat
(Whiteoak). In Whiteoak, both the resident and staff interpreted the trail location to be along the west
side of County Road 1 as shown in the Parks and Recreation Master Plan. The applicant questioned the
easement requirement when their property was on the east side of the road. Upon second review by the
Council, the Council unanimously voted against an easement as recommended by the Parks and
Recreation Commission. The Council stated the Parks and Recreation Master Plan clearly identified the
proposed trail along the west side of the road. Based on the Council's action, staff reviews the Parks and
Recreation Master Plan as though the trails are side -specific.
As a result of the Whiteoak plat and with direction from the City Council, the Parks and Recreation
Commission began working on a trail master plan that is more definitive.
Background/Discussion
Case Number P 17-17
The applicant proposes to split a 25.88 -acre property into two parcels, one new buildable lot (10.83
acres), one lot (13.33 acres) for the existing home, and 1.72 acres of right-of-way dedication for
Meadowvale Road and 227"' Ave. The proposal meets the dimensional requirements for R1 -a zoning.
The Elk River Vision
A avelcoming community avith revolutionary and spirited resourcefulness, exceptional p o w E A E u e T
service, and community engagement that encourages and inspires prosperity ,� g /�
The subject property is east of Meadowvale Road and north of 227`h Ave. The property is zoned R1 -a
with minimum lot sizes of 2 '/2 acres.
Comprehensive Plan
The property is guided for residential land uses outside of the Urban Service Area (i.e., not currently
served by municipal sewer and water). The predominant land use in this area is single family detached
homes. The proposal is consistent with the Comprehensive Plan.
Parks and Recreation Commission
The Parks and Recreation Commission reviewed this application on September 13, 2017 and recommend
Park Dedication be paid for one dwelling unit at the rate applicable when the subdivision is released for
recording. They also recommended a 15' trail easement be placed along the east side of Meadowvale
Road the entire length of the plat. Staff indicated the Parks and Recreation Master Plan shows the trail
on the west side of Meadowvale Road. Chair Anderson stated he had spoken with the authors of the
Master Plan, HKGi, and they indicated to him the "Other Future Trails" graphic lines are not intended to
be side -specific.
Staff reminded the Parks and Recreation Commission recommendations need to be made based on what
the current plan shows. This was discussed in detail at the December 19, 2016, City Council meeting
when they re -reviewed the plat of Whiteoak. The City Council indicated the Parks and Recreation Master
Plan is side specific and staff/the city need to make recommendations and decisions based on these
approved plans.
As a result of the December 19, 2016, City Council meeting, the Parks and Recreation Commission was
tasked with updating the trail master plan to be more definitive and not just conceptual. The Parks and
Recreation Commission is currently completing this task.
Applicable Regulation
Approval of a plat may only be ordered if the following findings are made, as outlined in Section 30-375:
7. The proposed subdivision is consistent with the honing regulations (article VI of this chapter) and conforms in all respects
with all requirements of this Code, including the honing regulations and this article.
The property is zoned R1 -a (residential) and the proposed subdivision is consistent with the zoning
regulations outlined in the city code and approved plans.
2. The proposed subdivision is consistent with all applicable general and specialised cio, county, and regional plans, including,
but not limited to, the city's comprehensive development plan.
The proposed subdivision does not conflict with any city, county, or regional plans, including the
Comprehensive Plan.
3. 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.
The site is suitable for the existing and proposed residential structures.
4. The proposed subdivision makes adequate provision for water supply, storm drainage, sewage transportation, erosion control
and all other services, facilities and improvements otherwise required in this article.
The subdivision has adequate provision for all required facilities.
5. The proposed subdivision will not cause substantial environmental damage.
The proposal will not cause substantial environmental damage.
6. The proposed subdivision will not conflict with easements of record or with easements established by judgment of a court.
It will not conflict with easements of record or with easements established by judgment of a court.
7. The proposed subdivision will not have an undue and adverse impact on the reasonable development of neighboring land.
The proposed subdivision will be executed to improve the development potential of neighboring land
and will not have an undue and adverse impact.
S. The proposed subdivision is notpremature. A subdivision is premature if any of the following exists:
a. Lack of adequate stormwater drainage.
b. Lack of adequate roads.
c. Lack of adequate sanitary sewer systems.
d. Lack of adequate off-site public improvements or support systems.
All of the above services or improvements will be connected or constructed as part of the
development.
In reviewing the above standards, it appears the proposal meets all required standards for approval.
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, the required 120 -day review period for a plat ends on January 3, 2018.
Attachments
■ December 19, 2016 City Council Minutes (Partial)
■ Location Map
■ Final Plat
■ Resolution
■ Parks and Recreation Memo dated September 13, 2017
City Council Minutes
December 19, 2016
-----------------------------
Page a
3. If the authorized use ceases for more than six months, the conditional use
permit shall expire.
4. The applicant must apply for and receive approval for all required permits
before any construction may begin.
5. The signs shall be compliant with the standards set forth in Sec. 30-864
(e).
Motion carried 5-0.
7.4 Roger Whiteoak — 20927 lElk Lake Rd
■ Simple Plat
Ms. Simon presented the staff report.
Mayor Dietz opened the public hearing.
Deb Whiteoak, referred to the Parks and Recreation Master flan and stated she
doesn't feel it makes sense to have a trail on the east side of the road when there is
already one on certain parts of the west side. She expressed concern for the 500 pine
trees they planted in order to provide privacy from the busy road, which could be
torn down at any time if the right-of-way easement is granted. She noted the small
frontage of lots on her side of the road compared to the west side. She stated she
was told the Master Plan is only conceptual and there is not a definitive plan as to
where the trail will actually go.
Roger Whiteoak, believes the trail makes more sense for the west side of the road.
Dave Kallemeyn, representing the Parks and Recreation Commission, stated the
Master Plan is a conceptual document and trails are shown where it is felt they are
valuable. He stated the commission would like to minimize trail crossings because
County Road 1 is busy and a safety concern. Ho noted topography challenges with
both sides of the road. He stated the Commission originally wanted a 20' easement
but settled for 10 feet.
Tim Dolan, 13467 212" Avenue, stated he is in support of the Whiteoaks. He stated
there are 10 houses that are 50 feet from the road, topography is an issue, and the
trail would be half the cost if installed on the west side of road.
Mayor Dietz closed the public hearing.
Councilrnember Westgaard stated this is challenging for him because the city spends
a lot of money on master plans that are supposed to be followed, but now we're
stating the plan is only conceptual. He stated the plan has failed its objective and it is
not responsible of the city, if it doesn't address where we have trails planned. He
stated the Plan clearly shows the proposed trail along the west side of the road. He
believes there is an existing trail on the west side of County Road 1 that covers half
the distance so why would the city reconstruct it when 50% of the distance is already
rarrESE� er
164"ATURE]
City Council Nfinutes . Page 6
December 19, 2016
----------------------------
completed. He stated he has difficulty understanding the rationale of the
Commission for the easement and better answers are needed. He stated guiding
documents have to be more definitive and not conceptual. He stated he would not
support an easement.
Councilmember Wagner noted staff and the Commission are not on the same page
with regard to the easement. She stated the Commission needs to do a better job up
front with applicants and not try and ask for things after the fact. She gave high
remarks to staff. She stated a Master Trail Plan should begin in 2017 and would not
support an easement.
Moved by Councilmember Westgaard and seconded by Councilmember
Wagner to adopt Resolution 16-90 granting final plat for Whiteoak, Case No.
P 16-22 with the following conditions:
I. 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.
Motion carried 5-0.
7.5 hlenard, Inc. — 19521 Evans Street NW
■ Preliminary Plata Menards Second addition
Conditional Use Permit: Amend Hillside Crossing 11 PUD
Agreement Regarding Signage
Ms. Simon presented the 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
Wagner to approve Conditional Use Permit, Case No. CU 16-32, to amend the
Hillside Crossing II Planned Unit Development language relating to signage.
Motion carried 5-0.
P0VIRII ®Y
ATURE
,7 -
r -M
7 �
Pit
OL
F.
y
r �
j
;�
aF
Si5
N{
-
4-1
•
Ln N
1
� r
f
00
O
M
9 r
U
w o
k� HN£=` 3a i act E i S
Sd 4
h2 "' 38
_ o far
m•z ,� aaN!t-
E� v
J-2 .E° 8 - = a a5«a a e 3 E
ae iz E^
R
Z
`&ova
E i s-
v/JJ
W
fro i
Ivy
� I ` I
_
LU s �.,IVSIa r/I'x'xew Ie
"-L/i WAV MV M eul lax3
N AEI
ilkl
-=7,7:Ws
,s
V mm Mo__ee m Nnm --- �I ------ �f
leo=`�al -: �I I "'
V • m u f9601I 3, 60,tC.005
t 2zi "fstl
I 9w
I r
' 9t Y6C +03 aW le ewl I+eN
aoas
I II I
II I I
vl II o 11 I
I
b L W F
000sl
00.5
12,
L£ _ � F- �'I � lilx.raarnaas 3 iN I CJ
EM
gffi-sry
�3:
4o � °iJ £g� Z � 4q ua `I1 �/-b�� Vis° jyjx rw lx wl lux II .Ij.
W i I $ e u ✓ � R ,,,, I I E, 3
�10 U
i s `a3 yE �°y' E x jr
I
mm � \
City of
Elk
*��
River
Resolution 17-
A Resolution of the City of Elk River Granting Final Plat Approval for
Dancing Crane Acres, Case No. P 17-17
WHEREAS, application has been made for final plat approval, pursuant to Section 30-391
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 proposed final plat complies with each of the conditions set forth by the
City Council in its approval of the plat of the Property.
NOW, THEREFORE, BE IT RESOLVED
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.
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.
P O w E R E U 9 1
AUR
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.
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 2nd day of October, 2017.
John J. Dietz, Mayor
ATTEST:
Tina Allard, City Clerk
P O W E R E D 0 Y
AUR
EXHIBIT A
LEGAL DESCRIPTION
That part of the North Half of the Northwest Quarter of Section 6, Township 33, Range 26,
Sherburne County, Minnesota, that lies East of the centerline of County Road No. 32 and
West of the East 393.76 feet of said North Half of the Northwest Quarter.
EXCEPT:
That part of the Northeast Quarter of the Northwest Quarter of Section 6, Township 33,
Range 26, Sherburne County, Minnesota, described as follows:
Beginning at the Northwest corner of said Northeast Quarter of the Northwest Quarter;
thence on an assumed bearing of South 88 degrees 32 minutes 56 seconds East along the
North line of said Northeast Quarter of the Northwest Quarter a distance of 480.50 feet;
thence South 01 degrees 27 minutes 04 seconds West a distance of 150.00 feet; thence North
88 degrees 32 minutes 56 seconds West a distance of 188.00 feet; thence North 81 degrees
55 minutes 29 seconds West a distance of 294.73 feet to the West line of said Northeast
Quarter of the Northwest Quarter; thence North 01 degrees 00 minutes 40 seconds East
along said West line, a distance of 116.00 feet to the point of beginning.
AND ALSO EXCEPT:
The South 1 road (16.50 feet) of the East 90.00 rods (1485.00 feet) of said North Half of the
Northwest Quarter.
P O W E R E D 0 Y
AUR
EXHIBIT B
CONDITIONS OF APPROVAL
1. Surface Water Management Fee shall be paid for one lot at the rate applicable at the time the
final plat is released for recording (currently $233).
2. Park Dedication shall be paid for one dwelling unit at the rate applicable when the
subdivision is released for recording. The 2017 rate for low density residential is $1,425.93
per dwelling unit.
3. Any item or condition found that indicates the site is likely to yield information important to
pre -history or 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.
P O W E R E D 0 Y
AUR
Qty of
Elk -�-1
River
Request for Action
To
Item Number
Parks and Recreation Commission
5.1
Agenda Section
Meeting Date
Prepared by
Public Hearings
September 13, 2017
Steve Benoit, Recreation Manager
Item Description
Reviewed by
Simple Plat: Dancing Crane Acres — Park
Chris Leeseber , Senior Planner
Dedication
Reviewed by
Michael Hecker, Parks and Recreation Director
Action Requested
Recommend, by motion, park dedication for the plat of Dancing Crane Acres be paid for one dwelling
unit at the rate applicable when the subdivision is released for recording. The 2017 rate for low density
residential is $1,425.93 per dwelling unit.
Background/Discussion
Case Number P 17-17
The subject property is east of Meadowvale Road and north of 227`h Avenue. The property is zoned R1 -a
with minimum lot sizes of 2 '/2 acres.
The applicant will be splitting the 25.88 acre property into two parcels, one new buildable lot (10.83
acres), one lot (13.33 acres) for the existing home, and 1.72 acres of right-of-way dedication for
Meadowvale Road and 227`h Avenue.
Parks and Recreation Commission
The Neighborhood Parks Service Area text in Chapter 5 of the master plan states, recreation facilities sbould
be developed wben 300 or more bousebolds witbin cluster developments or on lots less than 2 acres are located n�tbin 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 Meadowvale Road. The subject property is on the east side of Meadowvale Road so the trail
connectively plan does not apply in this case, therefore no easement is needed for a trail.
Financial Impact
None
Statutory Review Period
Per State Statute, the required 120 -day review period for a plat ends on December 19, 2017.
The Elk River Vision
A welcoming community wab revolutionary and spirited resourcefulness, exceptional e u x E n F o s r
service, and community engagement that encourages and inspires prosperity INATWREI
Attachments
■ Location Map
■ Final Plat
■ Fig 5-6 Trail Connectivity
,7 -
r -M
7 �
Pit
OL
F.
y
r �
j
;�
aF
Si5
N{
-
4-1
•
Ln N
1
� r
f
00
O
M
9 r
U
w o
k� HN£=` 3a i act E i S
Sd 4
h2 "' 38
_ o far
m•z ,� aaN!t-
E� v
J-2 .E° 8 - = a a5«a a e 3 E
ae iz E^
R
Z
`&ova
E i s-
v/JJ
W
fro i
Ivy
� I ` I
_
LU s �.,IVSIa r/I'x'xew Ie
"-L/i WAV MV M eul lax3
N AEI
ilkl
-=7,7:Ws
,s
V mm Mo__ee m Nnm --- �I ------ �f
leo=`�al -: �I I "'
V • m u f9601I 3, 60,tC.005
t 2zi "fstl
I 9w
I r
' 9t Y6C +03 aW le ewl I+eN
aoas
I II I
II I I
vl II o 11 I
I
b L W F
000sl
00.5
12,
L£ _ � F- �'I � lilx.raarnaas 3 iN I CJ
EM
gffi-sry
�3:
4o � °iJ £g� Z � 4q ua `I1 �/-b�� Vis° jyjx rw lx wl lux II .Ij.
W i I $ e u ✓ � R ,,,, I I E, 3
�10 U
i s `a3 yE �°y' E x jr
I
mm � \
Figure 5.6 Trail Connectivity
---------------------V-_._.__._._._._._.-_._.____._.____._.___Princeton
�.___
Co. to develop trail connection to
—�`
000
RICE%LAKE
-----mar.—%/.Ftk(f
I
I
i � I
4
I � �
1 z I
n --.----- i
1
k 1
1
1
. TRAI RK
• 1,y—�
1 HEI H 'RI� E G
i
I I e
IHA }IP'"^I OAK KNOLL
(t K0 '� hT}IE' pm
E
RIVE PLACE �(�r
PARK/���ORm1+10 -
-�� K 1
10 nA ERE�ON
WEST J
THLE I PL , a 1
OAKS RL
OAK �loLlt
•E
CC
"-441jilli PAK
R
TRAIL CONNECTIONS
EXISTING GREAT NORTHERN TRAIL
PRIORITY CONCEPTUAL CONNECTIONS
POTENTIAL GREENWAYS
%ji. CONCEPTUAL GREENWAYS
POTENTIAL RIVERTRAIL
CONCEPTUAL FUTURE RIVER TRAIL
PARKS AND CONSERVATION AREAS
UNDEVELOPED PARK
PUBLIC/PRIVATE OPEN SPACE
URBAN SERVICE AREA
0% OTHER EXISTING TRAILS
-- OTHER FUTURE TRAILS
M& SCHOOLS
EXISTING GRADE SEP. CROSSING
PROPOSED GRADE SEP. CROSSING
PROPOSED BIKE/PED CROSSING
zr
A 0 0.5 1
Miles
_._._._--_--_._._.--- ___._._._._.__---_._._.___
� ` l
r
ijlo: E
� 'f1A'RIC
6
J
a a
j E. GE
O 1
a
RK
I
1 H NDS PR
a
RFIELD
yIPARK
ROY LIfALL
K t �rti
rI �
BE @E EE 'C•
PX K RIR GH E D,
�EARRI GTN oN,.R�✓ ,
•PAR T
♦ I `
I PIx.6 �LAD�NIN TROTT BROOk� yy
FA PARK' d
...`NERD OW
PARK
E -tin
nMR
oa e HILL I.E .. KLEIVER LAKE
r s •I K 1
-F1LELLJPRK
COCK klb ER
K
KLEIVE 'DINT
16
0
•............•.............................................................•........•......'..•..............................
Chapter 5: How We Get There 56
w
G:
LLM
W
? v
ft4r740P