7.3. SR 06-03-2019 ��i
Eof
lk — - Request for Action
River
To Item Number
Mayor and City Council 7.3
Agenda Section Meeting Date Prepared by
Public Hearinj 3, 2019 Zack Carlton,Planning Manager
Item Description Reviewed by
Hilltop Woods Estates Second Addition—20655 Chris Leeseber , Senior Planner
Victoria Drive NW Reviewed by
■ Easement Vacation Cal Portner, City Administrator
■ Plat of Hilltop Woods Estates Second Addition
Action Requested
Adopt,by motion,a resolution vacating all existing drainage and utility easements on Lot 4,Block 1,
Hilltop Woods Estates,with the following condition:
1. City Council approval of the plat of Hilltop Woods Second Addition
2. The resolution must be recorded with Sherburne County at the same time the plat of Hilltop
Woods Second Addition is recorded.
Open the public hearing,receive public comments, close the public
hearing and continue to the June 17, 2019, Council meeting where
staff will bring formal approval of the plat of Hilltop Woods -
Second Addition forward on the consent agenda.
Background/Discussion
Case Nos. EV 19-02 &P 19-08 -
CR 33
The applicant proposes to split their 20.16-acre property at 20655
Victoria Drive into two lots. One lot will include the existing
residence, and the second lot will be platted as a buildable parcel. r
✓?R
The City Council discussed future road connections as part of this
subdivision during their May 6,2019, meeting and supported Hwy 10 n
dedication of public right-of-way to facilitate future development to CR iz
include access to the north and half(30 feet) of the right-of-way for
an east-west street connection which would add a second means if
ingress/egress for future development in the area.
The property is zoned R-1a where the minimum lot size is 2.5 acres
and both lots have been designed to allow further subdivision based
on the minimum lot size. If right-of-way is required for means of y x'69
access to a future parcel(s) on Lot 1,Block 2, the City Council has
stated their support for a variance to allow parcels below the current
Figure I
minimum lot size.
The Elk River Vision
A welcoming community with revolutionary and spirited resourcefulness, exceptional p o w E e E o s r
service, and community engagement that encourages and inspires prosperity /` UR
As part of the proposed subdivision, the applicant also requested a vacation of all existing drainage and
utility easements on the parcel. New easements, consistent with the standard dedication requirements for
residential parcels,will be dedicated with the plat of Hilltop Woods Estates Second Addition.
Park Dedication
The Park and Recreation Commission will review the plat on June 12, 2019, and staff will incorporate
their recommendation into the resolution approving the plat on June 17, 2019.
Applicable Regulation
Plat approval may only be ordered if the following findings have been 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 (single-family residential) and the proposed subdivision is consistent with the
current design standards.
2. The proposed subdivision is consistent with all applicable general and speciali.Zed city, county, and regional plans, including,
but not limited to, the city's comprehensive development plan.
It does not conflict with any city, county, or regional plans,including the Comprehensive Plan.
3. The physical characteristics of the site, ' din 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
If the easement vacation (EV 19-02) is approved,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 includes right-of-way dedication for roadway connections to facilitate future
development of surrounding vacant land.
S. The proposed subdivision is not premature.A subdivision is premature if any of the following exists:
a. Lack of adequate stormwater drainage.
b. Lack of adequate roadr.
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.
N:\Public Bodies\Agenda Packets\06-03-2019\Final\7.3 sr Hilltop Woods.docx
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
Attachments
■ Location Map
■ Plat of Hilltop Woods Second Addition
■ Easement Vacation Resolution
■ May 6, 2019, City Council Minutes
N:\Public Bodies\Agenda Packets\06-03-2019\Final\7.3 sr Hilltop Woods.docx
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City of
L City of Elk River
ver City Council
Resolution 19-
A Resolution of the City Council of the City of Elk River Vacating Existing
Drainage and Utility Easements on Lot 4, Block 1, Hilltop Woods Estates
WHEREAS, pursuant to Minnesota Statutes Section 412.851, after two (2) weeks'
published and posted notice of the hearing and after mailing written notice of the hearing at
least ten (10) days before the hearing to each property owner affected by the proposed
vacation, the Elk River city Council conducted a hearing to consider the vacation of the
easement legally described on the attached Exhibit"A" ("Easements"); and
WHEREAS, vacation of the Easements are appropriate as the parcel is being subdivided
and new easements will be dedicated with the recording of the plat; and
WHEREAS, the public hearing was held on June 3, 2019,before the City Council of the
City of Elk River on such request after the required published and posted notice had been
given, and all persons interested were given an opportunity to be heard at the public hearing;
and
WHEREAS, it is in the public interest to vacate said Easements.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Elk
River,Minnesota, as follows:
1. The Easement legally described on the attached Exhibit A is hereby vacated.
2. The City Clerk is directed to file a certified copy of this Resolution with the County
Auditor and County Recorder/Registrar of Titles in accordance with the terms of
this Resolution.
Passed and adopted this 3rd day of June 2019.
John J. Dietz,Mayor
ATTEST:
Tina Allard, City Clerk
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City Council Minutes
May 6, 2019
Recognition of the Torn Bovitz Memorial Scholarship Award winner.
Financial Audit Reports.
Performance Compensation Incentive.
Library
• Circulation is up.
The change in hours was discussed.
■ Discussed the marketing aspects of getting programs out.
■ There is an influx of younger families.
Arena
■ Updates from RJM Construction and 292 Design Group.
■ Year-end financials for the arena.
Page 7
Council recessed at 8:47 p.m. in order to go into work session. Council reconvened
at 8:14 p.m.
10.1 Energy City Commission Interviews
Council interviewed applicants for the Energy City Commission.
Moved by Councilmember Wagner and seconded by Councilmember
Christianson to appoint Airy Lord to the Energy City Commission with a
term expiration of February 28, 2020. Motion carried 5-0.
Moved by Councilmember Wagner and seconded by Councilmember
Christianson to appoint Alec Plaisted to the Energy City Commission with a
term expiration of February Z8,2022. Motion carried 5-0.
10.2 Concept Review: Hilltop Woods Estate Second Addition
Mr. Carlton presented the staff report.
Linda Schultz, owner of the property at 20655 Victoria Drive, was present. She
outlined the dilemma of dividing the right side of the property into four lots since
the acreage would be slightly less than the allowable amount if a portion of the
property was given for a right-of-way.
Mr. Carlton stated a variance could be done to allow the lots that are less than the
required acres. Or, the property could be subdivided into three lots instead of four.
Mayor Dietz asked if something could be put into the documents to allow the four
lots in the future when it is developed. The applicant should not be penalized for
giving land up for the right-of-way.
Mr. Schultz explained the property would be worth more with four lots instead of
three.
IDTfif fU� li !Y
��
City Council Minutes
May G, 2019
Page 8
Councilmember Westgaard asked if it could be put an the public record that the
council would be okay with granting four lots minimum. In the long term it is good
to look at having a right-of-way.
Mr. Carlton stated language could be added to a resolution.
10.3 Outdoor Ice Renk at Spectrum High School
Mr. Hecker presented the staff report.
Rick Peterson, Athletic Director/Facilities and Dan DeBruyn, Executive Director of
Spectrum High School were present.
The proposal would eliminate the ice rink at Kliever Lake Fields Palk and add an ice
rink to the Spectrutn High School property. One of the price considerations is
locating dasher boards for constructing the rink.
Mayor Dietz asked what would happen to the dasher boards at the Barn ice rink
once it was demolished.
Councilmember Westgaard stated often contractors get whatever they can salvage
for resale in trade for their demolition bid.
Mr. Czech agreed whoever was awarded the bid to demolish the building would take
the existing boards and they could not be repurposed for this proposed rink.
Counciltnember Westgaard asked if Kliever Lake Fields Park or Lion John Weicht
Park rinks have dasher boards.
Mr. Hecker responded that Lion John Weicht Park has end boards and lights.
Mayor Dietz clarified the proposal was that the city would provide the money for the
boards. Spectrum High School would provide the lights and access to their warming
house. With an approximate 60-70 days of the year the rink may be used, the city
would not get a lot of benefit out of spending $50-60,000.
Mayor Dietz was in favor of sending the proposal back to the Parks and Recreation
Commission. Since there are limited Park Dedication funds, the commission could
decade if this is where they would like to spend their funding.
Councilmember Wagner asked how many people per week use the Kliever Lake
Fields Park.
Mr. Hecker stated it was difficult to know resident usage but staff hours were about
180 hours for the season.
IPON 11 11 111
NATURE
iJ•
k-o-t4m.A- 7.3
' DMLOPgR AGRREMNT
-'` € ; t HILL'T'OP WOODS ESTATES, pRMS I
THIS AGRs3mj&NT, made and entered into this _ 13TA
duty of July,
•1993, by and bPtwcan the CITY or ELK RIVgj, a municipal
c.cirpvration organized under the laws of the Mate of Minnesota
(the City) , and DAVID AND KATHY GOW, (this Developer) ;
W I T H E S S H T Hr
WITEREM, the Developer ham made aPnlication to the City for
a,ppxat'ai of a plat of land within rhe city described on Exhibit A
&ttrached hereto (the Subdivision) ; and
WHEREAS. the Chiu Council by .vyolutrion adopted May 17, 1993,
Yeas granted final approval to the Subdivision. nn condition that
Developer enter into an agreement with th" City governing the
provision of certain utilities, services and facilities to the
Subdivision and the tramefeL' of cprtatn land interests and
payments to the city, no as to folly comply with the Subdivision
ordinance:
NOW, THEREFORE, in conw idera,t ion of th♦ promisors and tho
mutual promises and conditions hs.reinafter contained, it is h*rsby
agreed as follower:
1- % WarrAnty 2f DOM -19201 - D+nrelopar hereby warrants and
i-epr-esents to the City, as ind'ucsmont to the Cityiee entering into
; It is Agreement, th&t_ 0*"l0Var is the fee owner of the
t Xn occordancei with the ,VralWVAry and
%is z 1. plats of the .Su�+d�vlSion, th■ City's # revel thereof, and
-"°e� Iicable ■t G�rrpp
ei da[s�M • sem: ctcdxtaazzc*• v� Cba Cit , the lollowia
; :. the Upravesaeuts) shall b4i a
oaa ha�LnatEar truct and
�, i} y•` t
b
+4f11/ = Stltflsl ee y •
ling iacludin g�
-4 - � •yam �
08H 800800'd 001-1
-mond weve0 100d-n-inr
ate` +280571
•
(02) Permanent street aur�:�ci:g, includingcurbs,
driveway appr(*ches (pe�,nent Street Imprvements)�utters and
(03) Storm sewers, when det,,rjined to be necessary by the
City, including all ne-zessary catch basins, ditches, inlets,
retention areas and other appurtenances (Stozm Sewer
Improvements);
(04) Street carne signs and i-* ;-h other traffic control signs
and street tights within the subdivision determined to be
necessary by the City (Street Sign and Light ImProvementa).
3 . ? - The Improvements will be
installed at Developer's expense by the Developer as hereinafter
provided.
(01) T3M- The Develap'r "construct and install at
bevel4per.'s expense the taxi_:.,:; Improvements according to the
following terms and conditictis
r 't- -
ti • t
Streets, including Curb and Getter
Storm Sewer
Street Sign and Lights
Total Eatimated coat- of 1M.PrOvements
(02)All Improvements shall be completed
not later than May 17.
(03)
the- Any contractor'(s) selected by
Chs Developer to conQiruct and install any Improvement must be
determined by the City to be acceptable and approved in
writing.
(04) r'one �+�*�.�� plana _ '1.L;0
construCtion, installation,
materials and equipment shall be in acdordance with the plans
and specifications prepared by John Oliver and A$Sociates, and
approved by the City Engineer. Such plans hnd specifications
shall be based upon such engineering surveys, including soil,
borings and material tests, determined to be necessary by the
City Engineer.
(05) . 83liCiQn and City�,Qry - Construction and
installation planes and activity shall be reviewed by and
subject to the supervision of the City, Developer will cause
the contractor(m) to furniph the City with a ■chedule of
proposed operations at least five (5l days prior to the
commencement of construction of a+aoh t e of forImpto' eche
City shad], in*pect all ImprOveament■ during and after
oorfeiitruatio>a for o+DMlis,nce with approved specifications.
biveloper will notify the C
purposes. City Engineer *t ■itch times during
construption e■ Che City gngineeer requires for itxspecilon
y� x. �Z.x ... .
68N 600/E00'd 001-1 _Mj Me: 60 loos -VZ - U
.1.
'. , / 9
i• :.
(O6) %W
iz
.FQfA - De,veloper shall reimburse the City for #I3
the City's casts and expenses incurred in the processing at'
the 8ubdiVision and for review and supervision of plans and ,
construction, which Compensation shall be due and payabla tv
the City within thirty (30) days fallowing the receipt of #
statement therefor.
(07)
The Developer shall furnish the Cit
with cross sections at fifty (50) feet stations of all str Gird
in the Subdivision after initial grading. No utilit work
shall be commenced until the initial Y `r
have been accepted by the city. Dtvelorpa�rnsharlse sections
City in writing of the contracts r respors„ibie: tar regrading approved approved sections after utility construction.
(oe ) F.a tm■., r� - The Developer CD the city
shall oon,
a
prior to recording of the very► final plat and ve no coat Cv tel
City, all permanent and temporary easements for the
installation and maintenance of Improvements deter--.ined
necessary by the City. All such easements shall be in
recordable form acceptable to the City and contain such
and conditions as the City may prescribe.
to be
terms
(09) Ingu- Developer shall -cause each contractor
engaged in ranno the construction and installation 01 any
Improvement to furnish the City with evidence acCeptable to
;he City showing such insurance coverage (including worko s+
compensation, liability and property damage) in such ampynts
as are required for City construction contracts.
(10)
Developer will fully'and faithfully perform the installatiCM
and construction of Improvements in aCcordance with th.e
approved plans and specifications therefore and shall cly
with all terms of any and all contracts entered into by
Developer for the installation and -Construction of all such
Improvements, at no expense to the City. Devslpper hereby
guarantees the workmanship and materials respecting such
Improvements for a period of one (1) year following the CiCye�
final acceptance of the Improvements and agrees to repair or
replace, sdirected by the City, .ond at Developer's .cola Coat
and expensee , any work or materials that beams, defective. is .!
the sole opinion of the City, within ,raid one (1) year Period:
even though notice thereof be given by the city mete,
(1) year period. said -COP,
(ti) ang& - The City shall gccept# at no cost
ownership of all smprovements within thirty (30) days
following reteipt by the City of notics from Developer th
such Improvements have bean completed# provided that such
Improvements have been constructed in compliance with the
Plana and specifications therefor and City raquiremat■ W.
respect thsrat* as determined by the City.
,timet. .
I.
6£Z -d 800/V00'd 001-1 -DY08d Wd68:60 tooMMU
4 •) Lhli
requirements o1 �3on ;oo iAfo
agrees to accept and ".0 Developer
4. Gbe City, which Oavelaper agrees is
'value rat the land which it would be
cult aha►1.1 be paid to t�-O CitY prior
• ia. Yr•�+��r
1 sftistactiian of the dedicatign
the Subdivision Ordinance, the City
agrees to pay the sum Of $2,8&00 to
equivalent to the fair mat'ket
required to dedicate. The above
to Veto rdins of the final Dia►t .
NO work shall bt Commenced rarities this agreement until
the DeveidFar has +
..tie:d with the City C -perk acash deposit,a
Penal bond with car+o-ate ■ucety acceptable to the Cit
irreyt,cable and unC,')nd i t lona: Y, l l a+i
in the foxm attarhec: ,':er4tto *0 RXhibirf5Ctram anuElk4Riv@-.
bank Acceptable to t:
recording of the final plat. The Development Flan shall
include such information as staff shall direct.
(04)3rio f4�t�2ti - Dr$ir�a e
Subdivision must h$ S and storm sewer design for the
recording of finaal plat,
by the City Hngineer prior to
(05) Trees removed during construction of roads and houses
shall have their stumps removed within 34 hours or have,
their *-ants 60vered from adjAcogt trees prior to removal.
j,
ROOL severing must be to a depth o! live feet.
Sxoas d roots must be buried trra s+tsse da►y Am removal. The
drip line of trees ramAining .atter construction must be
roped off to define an andel of no activity to protect the
treearr from mechanics) darmLy*,
(06) The temporAry cul-de-sac must bs extended to the
north end of Lot 4 And fonds fsa.e. at portion of the
cul -do- sac that falls outbids ull of thei60 Thloot portio
must be secured by tsmPorary e.a■emants that eight-crFrraY
eze
aut:omer icAlly releasaed when the road ie extended,
(01) The drAinale and utility eavement•u that oxtend north
and edst from the right•-ot-way in the Subdivision m►;st also
be dedicated through "lRaInesit documents to the City for
roadway purposes.
(05) L)sv$lop6r shall ptly the City for first: s*aticvAEin� of
streets in the Subdivision in the ^Mount of 02,S11.00,
prior to recording of the final plat.
(09) Developer shall install street lightsr as directed by
the 21k Fiver Public Utilitisa.
7•) Ga .
to comply with any of the '� . if the Developer fails
to cOm to issue & buiithe Provisions ltersof, the city truly
for any lot or parcel in rhaaeubdivisrmit or ivnkilCityewilvtciatplAsce
any building permit for miry lot or'pareal in the subdivision
until all roads are graded and gravel subbase And base have
been installed and approved by the city Bngineer And roads acre
ready .for bituminous surfacing. C
Certificate of 0cgrtpancy for any buildinglconsttuctod;on any
lot l paerce1 in the Subdivision until all Improvamants ;f*
completed and approved by the City Bnginesr and/tsr ent City
Building and Zoning Administrator, except E that a Certificate
city
of Occupancy ran be issued before bituminoussurfacing of
roads, if such surfacing is not passible because v9 wa,athrr
conditions. th
Developer agrees to Adv3,ea pttxchpsrr■ of any lot
withia
or parcel e Subdivision of the existencet or this
Contract and that Obligations and restrictiont created herein
prier to the celetion of & sale. Further, Developer &grass
S.
88a -d 800/900'd 001-1 -woad owso Gaon-n-inr
to save and hold the Citi
actions arising sxom the �igh��°ewith�iYaldyChsdiall
asuar�liaisu
such permits and cert ificatea and fr= other provisions.°�
hereof,
(02) r
be binding upon, fy - The term- Ind provisions hereof e
be binding and inure to the benefit of t1le hears,
bill
and shell ti ► successors and assigns of the parties
Of the Subdivision nandpshall,on lbeudee,med covenant nr Par.;
w#7�ez's of all Oi p�a�
the land. References herein to neveio r s r1innlzla 1� �
than one, sria11 mean each and all ppee • if there b iCb; .
Shall be placed of record so as of them. This a More
subsequent purchasers and enc to
give notice her�af to
emeat the Subdivision, and all recorrngnfeesoli&11 or an
by the Developer; Y.• Shall part v!
�b4i paid •,.,,�
t 03) �In the eves,t
Agreement shall be held invalid for annhat y parson, Of this ,
not affect in any respect whatsoever reason, the sem ■hlli
remainder of this Agreement. the valicllty of the
(04)
= - AJzY -,River, whether i
party of a breach of a►ny provision o�Pess pr itn pied q`
breach
f or be cors*trued to be a Agreement not
breach o! this Agretment,
{0r) rquent
ia natioes +�rtd derrunde ■pscified herein g.hall
be deemed ■ppropri+sal
persvnall or Y and timely givsA when deli++ered
-
Y deposited ire the [felted States ill v .the
addresbc■ hereinafter *'1t forth by certified mail to.the
receipt reqaested). rhe addresses of the t4--
ats !allows until CAiftnged by written notice Qiveasaserab e�rs
if to the city apt s
C'ty of Elk River
Attn: City Administrator
11063 Orono parkway • -T:
F-0. •15ox 690;
Ilk River,. (M(nnesotat $5310
"f to th4' Developer David and Kathy Cow s
20493 Meldoval• Road
11% River, Minnesota 55330 =�
(ob) .0
9ubdivie 0nnLpn st i Y` d� d�adiCi�n Sluxorpirova of the
and delivery oi` thls A r•~ment and the Citp 'spreceipete0 a l
petitions, sscurit anti o.t�er eta= s i ,
y peri! ed herein.
(07)
MA
. - 'V
oors■truotion c mmence hs ra+r.msttre,AM SIBI,• Before t T"k .
th& 9ubdiviiiGA And the Devel re the Final pi at
'r.�
recorded -rad all nece#Tery easments shaalllthavetbeeofiled SM4
to the City, unles* thT Cit send
Y I4ildiaq and Zoning %�iniatrti
9.
. i afi%if .-
m,
6Ea-J $00/100'd 001-1 -flodj fivot:60 loos-tz-Iff
autharizest in
activitier. writing the 00M*ncement of limited aonstructian
Provided herein, � -Except as
atherwis bevelo era r
improvemeats aad perform all other acti s■�areost►plate all
Subdivisicu Ordinance, Other ap i quir•d by the
terms and condition* at Subdivi
the City and to do so on or iv PlacMa�l rovalrOnt b and the
cram approval 1 established by
(09) Y 1994.
provisions, PrAll planaposalse,
t or*and oitrcsfor theo
be made pur.ganr to this
and herebyy are made a part at this AgrseAgreement
tabyereferencebam
fully as if Net forth herein in full.
(po)
not in replacement Of.thrterms Agreement is In addition to and is
fOr Public ZmFrovements and rms an condgiitionf ts of the Petition
and Right to object relatiuy to the subdivisianxcutRorI
dabyn9
Developer.
XN WITNESS WMAROP, the City and Ofv*loper have eausea! this
JUir'eement to be duly exec+ited on the day and year first above
1rritten.
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MEETING OF THE ELK RIVER PLANNING COMMISSION
HELD AT ELK RIVER CITY HALL
TUESDAY, JULY 24, 2001
Members Present: Chair Pederson, Commissioners Baker, Franz, Mesich, Ropp and Schuster
Members Absent: None
Staff Present: Michele McPherson, Director of Planning; Scott Harlicker, Senior
Planner; Chris Leeseberg, Park Planner/Planner; Debbie Huebner,
Recording Secretary
Call Meeting To Order
Pursuant to due call and notice thereof, the meeting of the Elk River Planning Commission
was called to order at 6:53 p.m. by Chair Pederson.
2. Consider 7/24/01 Pla.nnin Commission Agenda
COMMISSIONER MESICH MOVED TO APPROVE THE JULY 24, 2001
PLANNING COMMISSION AGENDA. COMMISSIONER FRANZ
SECONDED THE MOTION. THE MOTION CARRIED 6-0.
3. Consider 6/26/01 Plannin Commission Minute
COMMISSIONER FRANZ MOVED TO APPROVE THE JUNE 26, 2001
MINUTES. COMMISSIONER ROPP SECONDED THE MOTION. THE
MOTION CARRIED 5-0-1. Commissioner Baker abstained.
4. Planning Commission Representative to Attend 8/20/01 City Council Meeting
Chair Pederson will attend the August 20, 2001 City Council meeting.
5.1. Request bX Alliance Communi1y Church for Interim Use Permit for Temporary Classrooms
Public Hearin — Case No. CU 1-26
Staff report by Michele McPherson. The Alliance Community Church requests that an
interim use permit be approved to allow installation of four temporary classrooms at the rear
of the existing church and school at 829 School Street. The applicant proposes that the
classrooms will be needed for a maximum of 5 years. She explained that the church is in the
process of acquiring additional property in order to expand. Plans will need to be prepared
and funding -raising would then begin. Ms. McPherson stated that the temporary classrooms
will be wood frame construction and will be ADA compliant. She noted that bathrooms
would be utilized in the existing school. Ms. McPherson reviewed the criteria which are
considered in whether or not to allow an interim use.
Planning Commission Minutes
July 24, 2001
Page 2
Staff recommends approval of the interim use permit with the condition that the installation
complies with the Building and Fire Codes.
Chair Pederson opened the public hearing.
Chair Pederson asked if the applicant would still meet their parking requirements. Chair
Franz asked if the temporary trailers would match the existing buildings.
Rob Kirkpatrick, deacon at Alliance Church, stated that the parking area on the north
side of the gym is used very little and could be used for church services. He stated that the
color of temporary classrooms matches their existing building and that the trim can be
changed to match, as well.
Chair Pederson asked if the applicant feels they will need the full five years for the
temporary classrooms. Mr. Kirkpatrick stated that staff required them to provide an ending
date, and they felt they could meet their objectives within the five years. He noted that they
could get the best deal with a 3 -year lease.
Commissioner Baker asked where they are in the process of acquiring property. Mr.
Kirkpatrick stated that the church has a signed purchase agreement with Mr. Morrell and
they are in the process of raising funds for the purchase.
Commissioner Mesich asked if plantings on the south property line shown on the drawing
have been completed. Mr. Kirkpatrick stated that not all the plantings are in, but that they
are continuously making improvements to the property. Commissioner Mesich felt
completion of plantings should be required to provide screening.
The Commissioners were in agreement that the temporary classrooms should match the
existing building as closely as possible, and that the five year time period was acceptable,
with the exception of Chair Pederson who stated he was not comfortable with a five-year
time limit.
There being no further public comment, Chair Pederson closed the public hearing.
COMMISSIONER BAKER MOVED TO RECOMMEND APPROVAL OF THE
REQUEST BY ALLIANCE COMMUNITY CHURCH FOR AN INTERIM USE
PERMIT TO ALLOW INSTALLATION OF TEMPORARY CLASSROOMS
UNTIL SEPTEMBER 1, 2006 WITH THE FOLLOWING CONDITION:
1. THE INSTALLATION SHALL COMPLY WITH THE BUILDING AND
FIRE CODES.
2. AN APPROPRIATE NUMBER OF PLANTINGS BE INSTALLED ON
THE SOUTH PROPERTY LINE AS DETERMINED BY STAFF.
3. THE COLOR AND TRIM ON THE TEMPORARY CLASSROOMS
MATCH THE EXISTING BUILDING.
COMMISSIONER MESICH SECONDED THE MOTION. THE MOTION
CARRIED 6-0.
5.2. Request by Cascade Land Company, LLC for Land Use Map Amendment to Include Certain
Property in the Urban Service Area. Public Hearing —Case No. LU 01-06
Planning Commission Minutes
July 24, 2001
Page 3
Staff report by Scott Harlicker. Cascade Land Company is requesting to amend the
Comprehensive Plan to include approximately 6 acres in the Urban Service District. The
property is located on the south side of 175th Avenue at the Polk Street alignment. Mr.
Harlicker reviewed activity within 1/4 to'/Z mile of the site which include the Northstar
Corridor station, the proposed Elk River Station PUD, and possible extension of utilities on
175th Avenue when road improvements are done. Staff requests that the 8 nearby residential
properties on the south side of 175th Avenue also be considered with this request.
Commissioner Mesich asked where the wetlands were located in this area. Mr. Harlicker
indicated wetland areas on the map. Commissioner Mesich asked when 175th Avenue is
proposed to be improved. Terry Maurer, City Engineer, stated that road improvements are
scheduled for 2002.
Commissioner Schuster asked why utilities would be extended on 175th at this time. Mr.
Maurer explained that it would be cost-effective to construct the utilities when the road is
torn up anyway. He stated that the City is receiving pressure to develop the Mitchell
property, and that Kliever Lake Hills and Kliever Lake Fields plats are already being
processed. He noted that the Council has not made a decision on these properties
Commissioner Schuster asked if the utilities are not put in now, how and when would
utilities be put in later. Mr. Maurer explained that they would be placed in a corridor along
the road (in the right-of-way) in 2007 as planned.
Commissioner Baker asked why the 2007 date was established. Mr. Maurer explained that
this area was included in the Urban Service District as part of the Comprehensive Plan
update, but the Council wanted to give the residents time to decide what they wanted to do
with their property. He stated that the Council did not want to force the residents to hook
up to city sewer and water if they did not want it.
Commissioner Baker asked what the ramifications would be if the entire 80 acres were
included in the Urban Service District at this time. Mr. Maurer stated that it would be
available for development with services, but that residents that don't want it yet would not
pay for it and that developers would bear the cost of extending utilities to a particular
property. Mr. Maurer noted that from an engineering standpoint, there is no reason utilities
cannot be extended to the area. He explained that the system has the capacity to handle this
area and that any properties hooking up to services would help pay the cost.
Chair Pederson opened the public hearing.
Jim Brown, representing Cascade Land Co., applicant, agreed with staff's
recommendation to look at this entire area. He noted that his company owns property on
both sides of 175th Avenue NW.
Diane Brinson, resident on 1751h Avenue, stated that there are wetlands in the southeaster
corner of the subject property. She felt that only 2 of approximately 15 property owners in
this area are interested in selling their land for development. She asked what is being -
proposed for the property. Mr. Brown reviewed a sketch for 11 lots which would include
townhomes and single family residential homes. Commissioner Mesich asked how many
homes would be built. Mr. Brown stated that approximately 92 homes could be built on the
total 80 acres of property. He stated that they are aware that they would be required to pay
the costs to extend utilities to the property.
Planning Conunission Minutes
July 24, 2001
Page 4
Commissioner Mesich asked if the developer has contacted the school district to find out
what the impact of this number of homes would be on the school district. Mr. Brown stated
that they have not spoken with the school district. He felt that it makes sense to service this
area and that it will have a positive impact.
There being no further public comment, Chair Pederson closed the public hearing.
Commissioner Schuster asked Mr. Maurer his opinion on the issue. Mr. Maurer stated that
he was in agreement that it would be more cost-effective to combine this site with the Klein
property, rather that to "piece -meal" services to only 11 lots. He stated that the system
would have to be looped to service a small area.
Chair Pederson, Commissioners Franz, Schuster and Baker expressed their concurrence that
it makes more sense to consider this whole area. Commissioner Schuster stated that he
would like to know how the other property owners feel about the issue. Mr. Maurer stated
that approximately 200 acres of the area designated for services in 2007 has already been
approved or approval is requested for services at this time. Mr. Harlicker stated that there is
the same situation on 181St Avenue, where there are smaller parcels and services are being
extended to larger parcels for development.
Discussion followed regarding various options for acting on the request by the applicant.
Mr. Harlicker stated that eh Commission could either approve or deny the request, or table
the request until such time as the area can be looked at as a whole.
City Attorney Peter Beck stated that the Council would need to determine whether or not
this property should have been included in the urban service district in the first place, and, if
the 2007 date should continue to be used as a guideline for development. He stated that it is
the City Council's policy to request the developer/property owner s bear the entire cost of
extending utilities. He stated that the City Council has the discretion to deny a request for
extension of utilities prior to 2007, if they choose. He felt that when the 2007 date was
established, the issue was staging the city's ability to build the infrastructure and also to allow
the property owners time to make decisions. City Attorney Peter Beck asked if the applicant
was willing to waive the required 120 day time period for action on his application by the
City Council. Mr. Brown, representing the applicant, stated that they would be willing to
waive the time limit and would provide a letter stating so to staff.
COMMISSIONER BAKER MOVED TO TABLE INDEFINITELY THE
REQUEST BY CASCADE LAND COMPANY, LLC FOR A LAND USE MAP
AMENDMENT TO INCLUDE CERTAIN PROPERTY IN THE URBAN
SERVICE DISTRICT. COMMISSIONER SCHUSTER SECONDED THE
MOTION. THE MOTION CARRIED 6-0.
CHAIR PEDERSON MOVED TO RECOMMEND THAT THE CITY COUNCIL
CONSIDER THE ENTIRE 80 ACRE SITE FOR INCLUSION IN THE URBAN
SERVICE AREA, AS OUTLINED BY STAFF. COMMISSIONER FRANZ
SECONDED THE MOTION. THE MOTION CARRIED 6-0.
5.3. Request by Dynamics Design and Land Company for Preliminary Plat Approval (Hilltop
Woods Estates 211d Addition. Public Hearing — Case No. P 01-11
Staff report by Scott Harlicker. Dynamics Design and Land Co. request preliminary plat
approval for a 20.16 acre clustered single family development. The applicant is allowed 8
Planning Commission Minutes
July 24, 2001
Page 5
-----------
lots based on the zoning district, plus an additional 3 lots for density bonuses for a total of
11 lots. Mr. Harlicker reviewed the density bonus detail, streets, lot sizes, open space
provisions, grading, drainage and utilities, landscaping and environmental issues. The Park
and Recreation Commission has recommended payment of park dedication fees in the form
of cash, and that the applicant provide a trail easement along 207th Avenue, across Oudot B
along the north boundary of the plat. Staff recommends approval of the plat with the 21
conditions listed in the staff report.
Chair Pederson opened the public hearing.
Steve Hickman, 20562 Victoria Drive, stated his concerns regarding oak wilt. He
explained that he trenched his lot when building his home in order to preserve trees and he
still lost trees. He felt that the lighting proposed for this development should be extended to
their existing development to provide continuity. He also expressed concern that the homes
built in this development would not be comparable to the homes in the existing
neighborhood. Mr. Hickman stated that his main concern was the developer's agreement
for Hilltop Woods Estates states that any future phase of the development is subject to a
condition that not more lots can be developed without an additional access.
Jim Brown, representing Dynamics Design and Land Co., applicant, stated that he has
been working with the County Forester, Tim Edgeton, and that he has received a written
response from him which was forwarded to Mr. Harlicker, regarding oak wilt prevention He
stated that the home values proposed for this development will be upscale and "higher end"
pricing. He stated that he was not aware of any agreement requiring a through -street to be
built before development can occur. Mr. Brown stated that eventually through -streets will
occur as development continues and there would be 30 — 64 additional lots in this area. He
stated that he has contacted the County Ditch Inspector and he has no concerns. Drainage
calculations will be going to Mr. Maurer for his review.
Mark Malzahn, 20590 Victoria Drive, stated that the residents living in Hilltop Woods
Estates have relied on the information in the developer's agreement which was recorded
with their deeds, stating that no develop can occur until Victoria Drive is extended to a thru-
street. He did not feel the proposed development would have any continuity with their
development, since their lots are 3 acres and homes are valued in excess of $200,000. He did
not feel the property was suitable for cluster development and did not feel a comparable
home could be built the small lots being proposed.
Anthony Pestello, 20511 Victoria Drive, expressed his concern for safety without another
street outlet. He did not feel a cluster development was consistent with their existing
development. Mr. Pestello expressed his concern for possible tree loss. He stated that he
also trenched his property, spending thousands of dollars, and he still lost approximately
2,000 oaks. He felt that he had done a good job of saving trees and asked that the
Commission make sure all measures were taken to save trees in this proposed development.
Micke Juillerat, Lot 5, asked if the City ordinance does not allow a cul-de-sac to be more
than 700 feet, how could this development be approved. Mr. Maurer explained that it has
been city policy to allow "temporary" cul-de-sacs and require road connections be
established within the plat for future extension when adjacent properties develop. Mr.
Juillerat felt that the turn onto Victoria Drive off County Road 32 was too sharp, and that
this was a safety concern that should be taken into consideration. He noted that the school
district had to change the bus route so they come in from the north, because they could not
make the turn.
Planning Commission Minutes
July 24, 2001
Page 6
Mr. Brown stated that they have followed the guidelines of the city's ordinances regarding
lot sizes, density and design. He explained that the cluster ordinance encourages smaller
lots. He stated that they are willing to look at the covenants of Hilltop Woods Estates when
establishing covenants for the proposed development. He stated that three future road
connections have been provided in the plat.
Mark Malzahn, 20950 Victoria Drive, felt that this area is an extension of the existing
Hilltop Woods Estates, and since cluster development was not allowed when it was
developed, this area should not be developed as a cluster. He asked a turn -around would be
provided for the school bus. Mr. Maurer stated that a temporary turn -around would be
required at the north end of the plat. Mr. Malzahn asked that the Commission deny the plat
as proposed.
Commissioner Baker asked where the condition came from which was in the developer's
agreement. Mr. Harlicker stated that the condition was not mentioned in the City Council
minutes where the conditions are typically listed as approved.
Peter Beck, City Attorney, stated that although the developer's agreement condition is a
point to consider, the City is not obligated to deny the plat.
Commissioner Mesich asked if there was a preliminary plat or concept for this area. Mr.
Harlicker stated that he could not find one on file. Mr. Harlicker noted that it would be
possible to subdivide the property into 8 lots under the present zoning. Commissioner
Mesich stated that he was concerned that if this developer's agreement was added to each of
the Hilltop Woods Estates property owner's abstracts, there may be basis to deny the plat.
Mr. Brown asked Mr. Beck at what point a developer's agreement is satisfied. Mr. Beck
stated that typically it is satisfied once a project is closed out.
Commissioner Mesich stated that he felt Oudot C is an extension of what was intended to
be a buffer zone from the gun club and that he was not sure about giving a density bonus
for this open space. He also would like to see elevations to determine if a density bonus for
an architectural theme is appropriate.
Commissioner Baker stated that Outlot C is separated form the homes and he would like to
see the open space adjacent to the homes.
Chair Pederson sated that he would rather see this area developed with eight 2-1/2 acre lots.
He cited concerns regarding the condition of the developer's agreement, the long -cul-de-sac,
and traffic safety issues.
Commissioner Mesich expressed concern that the city could disregard the original
developer's agreement.
Commissioner Ropp asked how long Victoria Drive would be, if it were not connected with
a through -street. Mr. Maurer estimated it would be 1,300 feet. Mr. Harlicker stated that
there are also three other possible future road connections.
There being no further public comment, Chair Pederson closed the public hearing.
Planning Commission Minutes
July 24, 2001
Page 7
COMMISSIONER FRANZ MOVED TO RECOMMEND DENIAL OF THE
PRELIMINARY PLAT FOR HILLTOP WOODS ESTATES 2ND ADDITION
BASED ON THE FOLLOWING FINDINGS:
1. THE EXISTENCE OF A DEVELOPER'S AGREEMENT FOR HILLTOP
WOODS ESTATES WHICH STATES THAT NO FURTHER
DEVELOPMENT WILL OCCUR UNTIL VICTORIA DRIVE IS EXTENDED
AND CONNECTED WITH A THROUGH -STREET.
2. THE CUL-DE-SAC PROPOSED IN THE HILLTOP WOODS ESTATES 2ND
ADDITION PRELIMINARY PLAT WOULD BE SIGNIFICANTLY LONGER
THAT ALLOWED BY THE CITY'S ORDINANCE.
3. THE PRELIMINARY PLAT DOES NOT MEET THE CLUSTER
ORDINANCE CRITERIA AS STATED IN THE CITY OF ELK RIVER'S
CLUSTER ORDINANCE REGARDING DENSITY BONUSES.
COMMISSIONER BAKER SECONDED THE MOTION. THE MOTION
CARRIED 6-0.
5.4. Reciuest by Loucks Associates Qwest Wireless] for Zone Change from Al (Agricultural) to
AT (Antenna Overlay), Public Hearing — Case No. ZC 01-05
5.5. Request by Loucks Associates west Wireless) for Conditional Use Permit for Cellular
Communication Tower Public Hearin — Case No. CU 01-25
Staff report by Scott Harlicker. Loucks Associates, on behalf of Qwest Wireless, requests a
zone change and conditional use permit for a wireless telecommunication tower and
equipment pad. Qwest proposes to lease a 27' by 22' area at 21475 Highway 169 in order to
construct a 150' self-supporting mono -pole to support their wireless PCS antennas. In order
to construct the proposed tower, a rezoning to AT is required. Mr. Harlicker reviewed
issues associated with the conditional use permit regarding co -location and construction
requirements, and design standards. He then reviewed the findings for the rezoning. Staff
recommends approval of the conditional use permit and the rezoning based on the three
findings listed in the staff report.
Commissioner Baker asked if there would be vegetation around the fence. Mr. Harlicker
stated that the entire site is surrounding by woods.
Commissioner Mesich asked if tree preservation measures would be required. Mr. Harlicker
stated that they are working with the County Forester, Tim Edgeton.
Chair Pederson opened the public hearing.
Jared Anderson, representing Loucks Associates, stated that they are aware of the oak
wilt problems in this area and that they are working with Mr. Harlicker to minimized the
amount of tree -cutting as much as possible. He explained that the access will be a straight
shot, running at angle to the tower site, so that it can't been seen off-site. Mr. Anderson
stated that they would be willing to stake the area so that the area outside of it will not be
disturbed.
Planning Commission Minutes
July 24, 2001
Page 8
Commissioner Baker asked if Qwest would be maintaining the road into the tower site. Mr.
Anderson explained that maintenance of the road has been negotiated with the property
owner as part of their lease agreement.
There being no further public comment, Chair Pederson closed the public hearing.
COMMISSIONER MESICH MOVED TO RECOMMEND APPROVAL OF THE
REQUEST BY LOUCKS ASSOCIATES (QWEST) FOR REZONING OF
CERTAIN PROPERTY FROM Al (AGRICULTURAL) TO AT (ANTENNA
OVERLAY), CASE NO. ZC 01-05, BASED ON THE FOLLOWING FINDINGS:
THE PROPOSED REZONING IS COMPATIBLE WITH THE SURROUNDING
LAND USES.
THE PROPOSED REZONING IS NECESSARY IN ORDER TO PROVIDE
EFFECTIVE WIRELESS TELECOMMUNICATION COVERAGE FOR THE
CITY.
THE REZONING IS IN ACCORDANCE WITH THE COMPREHENSIVE
PLAN FOR THE CITY.
COMMISSIONER BAKER SECONDED THE MOTION. THE MOTION
CARRIED 6-0.
COMMISSIONER MESICH MOVED TO RECOMMEND APPROVAL OF THE
REQUEST BY LOUCKS ASSOCIATES (QWEST) FOR A CONDITIONAL USE
PERMIT FOR A 150 FOOT TALL WIRELESS TELECOMMUNICATION
TOWER AND SUPPORT EQUIPMENT, CASE NO. CU 01-25, WITH THE
FOLLOWING CONDITION:
1. A TREE PRESERVATION BE SUBMITTED AND APPROVED
BY CITY STAFF.
2. THE APPLICANTS WORK WITH THE COUNTY FORESTER TO
PREVENT OAK WILT.
COMMISSIONER FRANZ SECONDED THE MOTION. THE MOTION
CARRIED 6-0.
5.6. Request by Lions Club for an Amendment to a Conditional Use Permit for the Lions Park
Shelter Addition Public Hearin — Case No. CU 01-27
Staff report by Michele McPherson. The Lions Club requests an amendment to the
conditional use permit in order to increase the expansion of the shelter from 4,320 square
feet to 5,030 square feet. The shelter is located in the northwest corner of Lions Park. An
additional 6 feet is proposed to be added to the expansion in order to relocated the
bathrooms, add a third bathroom stall, and storage area. Ms. McPherson noted that the
original plans for the addition have not changed, but that the additional square footage
would help the building function better. The City Council has authorized $30,000 in funding
from the RDF fund for the additional costs.
Planning Commission Minutes
July 24, 2001
Page 9
Staff recommends approval of the request with the condition that all requirements of the
Chief Building Official be met.
Commissioner Baker asked if there was still a concern that this space would be redundant to
a proposed YMCA or the School District's family center. Ms. McPherson stated that there
was a concern originally, but now the consensus is that this site will serve interim space
needs for intermediate size groups and will complement future uses, as well as enhancing the
recreational opportunities as Lions Park.
Chair Pederson opened the public hearing. There being no public comment, Chair Pederson
closed the public hearing.
COMMISSIONER BAKER MOVED TO RECOMMEND APPROVAL OF THE
REQUEST BY THE LIONS CLUB FOR AN AMENDMENT TO THE
CONDITIONAL USE PERMIT FOR THE LIONS SHELTER EXPANSION TO
INCREASE THE SIZE FROM 4,320 SQ. FT. TO 5,030 SQ. FT. WITH THE
FOLLOWING CONDITION:
1. ALL REQUIREMENTS OF THE CHIEF BUILDING OFFICIAL BE MET.
COMMISSIONER FRANZ SECONDED THE MOTION. THE MOTION
CARRIED 6-0.
5.7. Request by Elk River Station. LLP for Waiver to the Townhome Moratorium
5.8. Request by Elk River Station, LLP for Land Use Amendment to chap e the land use from
L1 Light I� ndustrial and LR, Low Density Residential, to CC, Community Commercial and
MR, Medium Densi , Residential and to bring_propeM into the Urban Service District,
Public Hearing — Case No. LU 01-02.
5.9. Request by Elk River Station, LLP for Rezoning from R1a to PUD (Planned Unit
DeyelWment, Public Hearin — Case No. ZC 01-03
5.10. Request by Elk River Station. LLP for Preliminary Plat Ap roval lk River Station], Public
Hearin — Case No. P 01-05
5.11. Request by Elk River Station, LLP for Conditional Use Permit (F:lk River Station), Public
Hearing — Case No. CU 01-08
Chair Pederson excused himself from discussion of these items.
Staff report by Scott Harlicker. Mr. Harlicker reviewed staff's concerns regarding access,
grading and drainage, building elevations, Park and Recreation unresolved issues, and
landscaping.
City Engineer Terry Maurer reviewed his issues of concern regarding traffic, drainage,
retaining walls and tree preservation, as outlined in his report to city staff dated July 19,
2001.
Chair Pederson opened the public hearing. There being no public comment, Chair Pederson
closed the public hearing.
Len Pratt, Elk River Station LLP, introduced Jim Johnson of Hakanson-Anderson
Associates. Mr. Johnson discussed traffic flow issues with the south and north intersections
raised by City Engineer Terry Maurer. He stated that they are willing to limit phasing of the
Planning Commission Minutes
July 24, 2001
Page 10
development, dedicate right-of-way, or contribute to signalization of the intersection if
required.
Discussion followed regarding the "round about" traffic circle proposed for the west side of
the plat. Mr. Johnson stated that the location could be moved further to the east and
provide one-way traffic only. He stated that this could be considered at the August 14th
meeting. Terry Maurer stated that he felt the best option was to 175th
Avenue, and signalization of the intersection was the least desirable option, due to the close
proximity of the railroad tracks. He stated that it was the County's ?? intent that there be no
signals on Tyler Street between Highway 10 and County Road No. 12.
Commissioner Baker asked how residents of the development would get to the Park and
Ride. Mr. Johnson explained the location of the pedestrian overpass.
Derek Passe of Passe Engineering discussed the retaining walls around the ponds.
Commissioner Mesich asked why the ponds could not be designed with adequate slopes so
that retaining walls would not be necessary. Mr. Passe stated that an adjacent street comes
within one foot of the westerly pond. He explained that the storm sewer is designed to run
along the curb, and would run into the pond in the event emergency overflow was necessary.
He stated that they are looking at fencing alternatives for the ponds.
Teresa St. Amant of US Homes reviewed the design standards which are proposed for the
row homes and back-to-back townhomes'including the following: Vertical siding, gables,
box -outs, tapered columns, trim boards, band boards, rear entries, decks over garages,
entrances on end units, wrap windows, eyebrows, and brick options. She stated that the row
homes will range in size from 1,700 — 2,100 square feet, with a price range of $180,000 -
$195,000. The lodge units (back-to-back) range in size from 1,300 —1,400 square feet and
price range in the $130,000's. Mr. St. Amant stated that they are considering using different
color palettes for different buildings. Commissioner Mesich asked if earth tones would be
used. Ms. St. Amant stated that earth tones are incorporated in a Georgetown design and
they will be using a Craftsman design.
Commissioner Mesich asked how the project would be affected if they were required to
meet the 8 unit maximum townhome units per building limit, as proposed in the draft
revised townhome ordinance. Bill Prichard, Orin Thompson Homes, stated that if the
regulation were imposed, it would have a significant financial impact on the viability of their
project. He felt that the number of units they are proposing are necessary in order to
incorporate the design techniques such as varying roof lines and 2 car garages which provide
"curb appeal".
Ms. McPherson asked why the brick is designated an option and not just planned into the
design. Commissioner Baker agree that the Commissioners would like to see more brick.
Mr. St. Amant stated that they would like to limit the brick as an option due to cost
concerns.
Paul Sween, Dominium Development, and Brian Lubben of BKV Group, reviewed
concept plans for the apartment buildings. Mr. Sween stated the footprints for the buildings
have been "carved in" to preserve trees. The buildings will be four-story in the middle and
"step down" to three stories on the ends. The facade will be variegated and have and
entrance feature with a canopy. Exterior materials include brick, Fibersmith siding and
asphalt shingles. Several two-story townhouse -style apartments will be included which will
Planning Commission Minutes
July 24, 2001
Page 11
be 1,250 square feet or larger. Each will have private decks or patios, and center islands in
the kitchens. Mr. Sween concluded that the apartment buildings will be of high quality.
Commissioner Mesich asked what has happened to the 2-3-4 story stepped design the
developer discussed at previous meetings. Mr. Sween stated that they are willing to look at
that type of design, but that for every unit which is removed from the height of the building,
the footprint will be increased by 20?? feet. Mr. Sween felt that when the buildings are
constructed, they will appear less dense than any apartment buildings. He stated that there
will be the equivalent of 1 1/2football fields of open space between the buildings. He felt
these buildings will be superior in comparison to any apartment buildings the Commission
may have seen.
Commissioner Baker asked if the existing trees would be preserved. Mr. Sween stated that
the trees are a valuable resource and that hey rarely get an opportunity to build on a site with
large mature trees. He stated that they intend to make every effort to preserve the existing
trees, as well as planting additional trees.
The Commission discussed the roof line of the buildings with Mr. Sween. The
Commissioners were in agreement that that one building be done with the 3-4 story step
design as shown and one building with a 2-3-4 step design.
Mr. Sween stated that apartment units will range in size for 950 square feet for a smaller unit
to 1,400 for a 3 -bedroom townhome-style unit.
The Commissioners discussed exterior materials and maintenance with Mr. Sween. Mr.
Sween stated that they plan to use a cement lap siding product on the exterior. He explained
that they are also concerned with maintenance of the buildings, since they are in the business
of long-term ownership
Mark Putman, Putman Planning & Design, reviewed the layout of the project, including
the parks and open space.
Commissioner Baker questioned whether or not the project provided enough commercial
space to serve the needs of this many residents. Mr. Pratt stated that it is necessary to create
enough critical mass of housing to support the retail, and that the space will be set aside for
development, once the users (residents) are in place.
Commissioner Baker asked if enough sidewalks are included to serve the residents. Ms.
McPherson stated that there are so many sidewalks proposed, that staff has actually as them
to remove some of them.
Commissioner Franz asked what type of lighting is proposed. Mr. Pratt stated that they will
chose some type of soft lighting based on aesthetic appeal. Ms. McPherson noted that the
developers will be working with Connexus and that the utilities generally allow the
developers to chose their own style of lighting.
COMMISSIONER MESICH MOVED TO TABLE THE REQUESTS BY ELK
RIVER STATION LLP TO THE AUGUST 14, 2001 PLANNING COMMISSION
SPECIAL MEETING AND WORKSHOP. COMMISSIONER FRANZ
SECONDED THE MOTION. THE MOTION CARRIED 6-0.
Planning Commission Minutes
July 24, 2001
Page 12
5.12. Request by City of Elk River for Ordinance Amendment. Section 900 to Revise Business
Park Zoning District Building Desif,ns and Materials Standards. Public Hearing — Case No.
OA 01-08
Staff report by Michele McPherson. Ms. McPherson reviewed the version exterior building
finishes language proposed by staff and the one proposed by industrial developers. Ms.
McPherson also presented a third version which the EDA is proposing as a compromise of
the two drafts. Staff recommends approval of the ordinance language proposed in the staff
version Number 1.
Discussion followed regarding which walls are to have the proposed standards applied to
them.
Chair Pederson opened the public hearing.
Mr. Rick Martens expressed his concern that all of the walls including the loading dock side
would have to have the same materials as the remaining sides. He suggested changes to
language in Item I regarding screening of roof equipment. He felt that Option 3 was a good
compromise.
There being no further public comment, Chair Pederson closed the public hearing.
COMMISSIONER BAKER MOVED TO RECOMMEND APPROVAL OF THE
ORDINANCE AMENDMENT OPTION 3 TO AMEND THE BUSINESS PARK
BUILDING DESIGN AND MATERIAL STANDARDS, WITH THE CHANGES
AS NOTED. COMMISSIONER FRANZ SECONDED THE MOTION. THE
MOTION CARRIED 5-1. Commissioner Schuster opposed.
6.1. Update on July 16._2001 Citi: Council Meetin_,
Commissioner Ropp provided an update on the July 16, 2001 City Council meeting.
8. Adioumment
There being no further business, COMMISSIONER BAKER MOVED TO ADJOURN
THE MEETING. COMMISSIONER MESICH SECONDED THE MOTION.
THE MOTION CARRIED 6-0.
The meeting of the Elk River Planning Commission adjourned at 11:42 p.m.
Respectfully submitted,
Debbie Huebner
Recording Secretary
DECLARATION OF COVENANTS CONDITIONS
AND RESTICTIONS
HILLTOP WOODS ESTATES,ELK RIVER, MN.
LOTS i.2,3.5,6,7,8.
Section 1, I,IDIVDUAUL LOT MAINTENANCE.
In the event that any Owner violates any covenant or fails to perform any
condition contained in this Declaration, the Developer -may perform the act
remove the defect or correct the violation upon thirty -(30) days written
notice to the Owner. If the Developer so ,•Pbts -on • behlf of an Owner, the
Developer may levy an assessment against the Lot for the.cost"of the
performance or correction.
Section 2. MAINTENANCE AND REPAIR
In order to preserve the uniform and high -standard appearan&e'46f 'the
property, each Owner undertakes responsibility foi maintenance and" repair
of the exterior of his Living Unit, private yard area and private driveway
on the Lot. Such respnsibility for maintaining the Lot and improvements'theron
shall include, but not be limited to the following; the maintenance and-
repair
nd repair of exterior surfaces of all buildings on the" -Lot, including without!
limitation," the painting of the same as often as necessary, the replacement"
of trim and calkin the maintenance or repair of roofs utters downs outs
g � � gutters, F t
and overhangs, the maintenance and repairof exterior windows and doors,
necessary painting, staining and repair of patio structures: in maintaing �.
Private Yard Areas and private driveways an Owner shall be required to mow
trim,water, or otherwise care for grass, trees or other plants located on a
Lot and shall be required to remove snow from .the private driveways, parking
areas and:walkways to the Living Unit.
Section 3. CONSTRUCTION. REQUIREMENTS.
A) Allexterior construction and painting must be done by the date of
w4upancy. Deviations for any reason must receive the prior written approval
of the Declarant.
B) Mailboxes and posts shall be of a standard design.,"_-
C) Decks and/b',rpatios must be -completed prior to occupancy unless
delay is approved in writing by the Declarant.
D) All houses must have a minimum exterior, roof pitch of 5 to 12 and ali,,
roofs must have a minimum roof overhang of one -foot on the gable and
.f
18 inches on the soffit.
K:,Chimney chases shall be brick or of a material identical to the house
siding. Where j,� zer.d clearance 'metal flues .are used, chimney caps
shall be the " decorating architectural style'.
F) It is the sole obligation of the Lot Owner and House Contractor to maintain
his/her lot i1h a neat and orderly condition at all times througfiA the
term of construction and thereafter. The House Contr er•shall provide
a dumpster or adequate size for disposal of all construction debris. The
House Contractor shall keep the street clean of mud and dirt in front
of the house.
G) No house or sthll:be occupied for residential purposes until the exterior
thereof is completely finished and a certificate of occupancy has been
issued by the City of Elk River. All structures, yards and driveways shall
be finished six (b) months after commencement of the excavation for the
construction thereof.
H) All uses of the Lots shall, as a minimum, comply with the zoning and other
applicable ordinances and regulations fo the City of Elk River. The
standards herein contained shall be considered as requirements in addition
to said zoning and other applicable ordinances and regulations.
I) No structure shall be erected on any Lot without the prior review and
written approval of thEdD6-ielopor of plans,.specifications, and exterior
building materials and colors.
J) No sod, soil, sand or gravel shall be sold or removed from any Lot except
for the purpose of excavating for the construction or alteration ofa
structure on said hot or an appurtenance therto or for the proper grading
therof. In the event that there is any excess dirt in said Lot, the excess
dirt, at the option of the Declarant, shall be hauled ano.dumped..within
Hilltop Woods.
Section 4... HWKI—Pry p USES
No unsightly growths shall be permitted to grow or remain upon the
premises. No refuse -pile or unsightly objects shallbr, allowed to be
placed or suffered to remain any whre thereon. In the event that the
Owner of any Lot shall fail or refuse to keep such premises free from weeds
or refuse:pllos:or other unsightly growths or objects, then the Developor
may enter upon such lands and remove-iAhe,same at theexpense of the Owner
and such entry shall not be deemed as trespass and in the event of such a
removal, a lien shall arise and be created in favor, of .the..Developor. And
against such a Lot for the full refund, payable within thirty.(30) days
after the Owner is billed. No Lot shall be used in whole or in part for
the storage of rubbish of any character whatsoever, nor for the storage
of any property or thing that will cause such Lot to appear in an unclean
or untidy condition or that will be obnoxious to the eye;nor should any
substance, thizIq that will cause any noise that will or might disturb the
peace, qui' ..or.: comfort of the occupants of surrounding property.
B) The outside storage of an unlicensed or'inoperable motor vehicle upon
the premises shall.also be considered a -nuisance.
C) No wall or fence shall be constructed or hedge planted on any Lot
until the height, type, design, and location have been approved by
the Developor. Under no circumstances shall a.boundry-wall, fence,
or hedge be permitted withs�ar•-:height .of.more than eight (8) feet.
Any question as to such heights may .be completely determined.by
Developor.
D) No structure of temporary character., trailer, basements .tentp shack,
or other building be used on any -Lot at.any-,:_"e':as.:a .residence, either
temporarily or permanently.
E) Detached storage buildings shall -be permitted,. but.conforming In
design and appearance to the house.Limit.one out building per Lot.
F) Square Foot minimum=
one story- 1200 ft,
split level- 1200 ft.
two-story- 1000 ft. per floor
Home price range- $ 125,000- up
G) RW,ar�d= -boats allowed if stored- inside or on paved section on side
of garage.