7.3. SR 10-21-2019City of
Elk az
—
River
Request for Action
To
Item Number
Mayor and City Council
7.3
Agenda Section
Meeting Date
Prepared by
Public Hearinj
October 21, 2019
Zack Carlton, Planning Manager
Item Description
Reviewed by
Tall Pine Holdings, LLC: 75-656-0115
Chris Leeseber , Senior Planner
Reviewed by
■ Zone change from Business Park (BP) to Planned
Unit Development (PUD)
Cal Portner, City Administrator
■ Conditional Use Permit (CUP) for Planned Unit
Development (PUD)
■ Easement Vacation
Action Requested
Adopt, by motion, a zone change ordinance from Business Park to
Planned Unit Development, with the following condition:
1. A PUD Agreement must be approved by the City Council
prior to recording the Zone Change.
Approve, by motion, a Conditional Use Permit establishing a
residential Planned Unit Development, with the following conditions:
1. A PUD Agreement shall be developed and signed by both
parties prior to issuance of a building permit.
2. A grading permit from Sherburne County is required for work
adjacent the CSAH 12.
3. Submit plan profile sheets and connection details for sewer
and water system additions.
4. A city rental license is required for all units operated as a
rental unit.
5. Complete a tree inventory with the applicant to verify
landscaping requirements have been met.
Adopt, by motion, a resolution vacating a portion of the drainage
and utility easement on the property.
Background/Discussion
Case Nos. ZC 19-03, CU 19-13, & EV 19-04
Hwy..,10
The applicant, Acuity Group with Tall Pine Holdings, LLC, is proposing to develop a 1.78 acre parcel along
183Td Circle, which accesses Line Ave., and abuts 1815` Ave NW (CSAH 12) with eight dwelling units in four
duplex buildings. The homes are proposed as luxury one -level townhome rentals. The property is currently
zoned Business Park (BP), and a zone change to support the proposed Planned Unit Development is
required.
The Elk River Vision
A avelcoming community avith revolutionary and spirited resourcefulness, exceptional p Q w E H E U 0 T
service, and community engagement that encourages and inspires prosperity ,� g /�
Comprehensive Plan
The Comprehensive Plan guides this area as Mixed Use which allows a mixture of housing, jobs and/or retail
services uses within close proximity to each other. The area also provides another setting for high density
residential land uses. The proposed use and rezoning to a residential PUD is supported by the
Comprehensive Plan and is similar to surrounding land uses.
Site Plan
The site lays out with a single driveway entrance on 183rd Ave. NW leading to a central parking/drive area
with all four duplex buildings facing the center of the parking area. The parking/drive area will be privately
owned and maintained.
Townhome standards require one-half guest parking space per unit in an off-street parking lot or private
drive. The site plan identifies 12 off-street parking stalls on the site, which satisfies the ordinance standards.
Each home also has a two -stall garage.
A drainage pond is located on the southeast corner of the site in an existing drainage and utility easement.
Previous approvals indicate the easement was set aside for stormwater management and will continue to
function in the proposed reduced easement. The stormwater pond functions as a dry infiltration pond,
doesn't hold water, and does not trigger the 45 foot setback and buffer requirements.
Engineering and Utilities
The property is graded to direct runoff to the perimeter of the site which is then directed to swales and
ultimately to the stormwater pond.
All homes will be served by city sewer and water.
Landscaping
City ordinances require 33 trees to be planted on the property. The property has numerous mature trees on
the site today. Once the construction limits have been finalized, staff will review the site with the applicant to
calculate the number of trees, if any, that must be planted to meet city ordinance.
Applicable Regulations
Zone Change
In reviewing a proposed amendment, consideration shall be given to existing conditions within the area directly and indirectly
affected by the proposal, the conservation of property values, the use to which the property affected is being devoted at the time, and
relevant provisions, if any, in the land use plan.
The proposed use complies with the guidance provided in the land use plan.
Conditional Use Permit/PUD
The issuance of a Conditional Use Permit can be ordered only if the use at the proposed location:
1. mill not endanger, injure or detrimentally affect the use and enjoyment of other property in the immediate vicinity or the
public health, safety, morals, comfort, convenience orgeneral welfare of the neighborhood or the city.
The residential use will not detrimentally affect the use and enjoyment of adjacent properties. However,
the residents of the future townhomes may be impacted by the existing business and residential uses in the
area.
N:\Public Bodies\Agenda Packets\10-21-2019\Final\7.3 sr Tall Pine Holdings LLC.docx
2. mill be consistent with the Comprehensive Plan.
The property is guided for mixed use where residential uses are permitted. The use will be consistent with
the Comprehensive Plan.
3. mill not impede the normal and orderly development and improvement of surrounding vacant property.
The two properties east of the subject site are single family homes and will likely develop in the future.
Access to those properties will be discussed at the time of development, but the proposed uses will not
impede development of those parcels.
4. mill be served adequately by and will not adversely affect essential public facilities and services including streets, police and
fire protection, drainage, refuse disposal, water and sewer systems, parks and schools; and will not, in particular, create trafc
congestion or interference with traffic on adjacent and neighboring public thoroughfares.
The use will be served adequately by and will not adversely affect essential public facilities and services
including streets, police and fire protection, drainage, refuse disposal, water and sewer systems, parks and
schools; and will not, in particular, create traffic congestion or interference with traffic on adjacent and
neighboring public thoroughfares.
5. mill not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any
persons or property because of excessive traffic, noise, smoke, fumes, glare, odors, dust or vibrations.
The proposed residential use will not involve uses, activities, processes, materials, equipment, or
conditions that will be detrimental to other properties.
6. mill not result in the destruction, loss or damage of a natural, scenic or histotic feature of major importance.
Grading is proposed to create minimal impacts to natural areas, and the use will not result in the
destruction of scenic or historic feature of major importance.
7. mill fully co*ywitb all other requirements of this Code, including any applicable requirements and standards for the
issuance of a license or permit to establish and operate the proposed use in the city.
The conditions included in the recommendation for approval will ensure the subdivision will fully comply
with all requirements of this code.
Additionally, Sec 30-1564 describes the standards for establishment of a PUD district.
1. Land will be honed into the PUD honing district only upon approval of a concept plan for the PUD, pursuant to the
procedure set forth in this section. A PUD will be authorized on land in a PUD Zoning district only upon issuance of a
conditional use permit, pursuant to the procedure set forth in this section.
A Conditional Use Permit will be issued in accordance with the above standards.
2. The uses allowed in a PUD shall be limited to land uses consistent with the city's Comprehensive Plan and land use
map, and to those uses identified in the concept plan for the PUD Zoning district and the conditional use permit for the
PUD.
The Comprehensive Plan and land use map guide this area for mixed use, which includes residential
uses.
3. The area of land to be included in a PUD shall be in uniform control of the applicant.
The applicant will be in control of the parcel prior to recording the CUP and plat.
N:\Public Bodies\Agenda Packets\10-21-2019\Final\7.3 sr Tall Pine Holdings LLC.docx
4. A PUD shall be designed to form a desirable unified environment within its proposed boundaries, including uniform
design elements, landscaping lighting and signage.
The PUD is designed as one project with uniform design elements throughout the project area.
5. A PUD shall not cause undesirable impacts on adjacent lands and land uses. In particular, uses on the PUD
perimeter shall be compatible with adjacent uses outside the PUD.
Nearby land uses include single-family residential, commercial development, light manufacturing, a
senior facility, and developable vacant land. All parcels are within the mixed use area guided by the
Comprehensive Plan. The PUD will not cause undesirable impacts on adjacent lands and land uses.
6. A PUD shall be served by adequate transportation, water, sanitary server and drainage systems.
The project area will be served by public services, and will not adversely impact transportation networks
within the area.
7. A PUD shall not adzerseyaffect existing or proposed parks, schools, streets or other public facilities.
Existing public facilities are not impacted by the proposed project. MnDOT continues to evaluate
impacts from the US Highway 169 project, and closures along Line Ave. are expected — eliminating the
opportunity to avoid the intersection of Twin Lakes and CSAH 12. The proposed use does adversely
impact streets or other public facilities.
8. The council may establish varied and reasonable lot area, frontage, sideyard, and setback requirements for a PUD and
may author'.Ze a density which it determines to be appropriate under the circumstances. Any permitted density shall be
consistent with the city's comprehensive plan and not adversely affect the public health, safety and welfare.
The proposal is consistent with densities described in the Comprehensive Plan, setbacks from public
rights -of -way, and design standards for similar developments within city code.
9. More than one principal building may be constructed on a lot within a PUD if authori.Zed by the council. Unless
otherwise permitted by the council, a PUD shall coVywitb the schedules of dimensional regulations set forth in this
article, except that individual lots shall have no less than 80 percent of the minimum area for similar uses.
The project does not conflict with standards described in city code.
Easement Vacation
A drainage and utility easement was dedicated with the plat of Mulvaney Point to ensure compliance with
the stormwater requirements. The proposed stormwater improvements meet the standards and the entire
easement is not required. Staff supports vacation of the unnecessary portion of the easement.
In reviewing the standards for approval of a Zone Change, Conditional Use Permit/Planned Unit
Development, and Easement Vacation the proposed project meets the standards, and is recommended
for approval with the outlined conditions.
Planning Commission
The Commission reviewed the item on September 24, 2019, and did not have any concerns with the
project as proposed. They unanimously recommended approval.
Financial Impact
None
N:\Public Bodies\Agenda Packets\10-21-2019\Final\7.3 sr Tall Pine Holdings LLC.docx
Attachments
■ Location Map
■ Applicant's Narrative
■ Site Plan, Building Elevations, and Floor Plans
■ Ordinance Amendment — Zone Change
■ Resolution — Easement Vacation
N:\Public Bodies\Agenda Packets\10-21-2019\Final\7.3 sr Tall Pine Holdings LLC.docx
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Case No., : ZC 19-03
U 19-13 El.
E' 19-04 er
RECEIVED
ACUITY GROUP JUL 9, 5 2019
REAL ESTATE PROFESSIONALS
564 Dodge Ave. Ste A, Elk River, MN 55330
763-633-3535 Phone 763-633-3533 Fax www.ACGProperty.com
June 12, 2019
Mulvaney Point CUP/Zoning Change
Evidenced by the large number of new construction units on the market, there is an
obvious demand for 1 level townhomes. While there are numerous purchase options, the
market that is not being served is the luxury 1 level townhome rental market. For a
various number of reasons, there is a large demographic of people who would prefer to
rent a luxury unit versus spending between $280k-$375k to purchase.
These reasons include:
• Fixed monthly expense with no maintenance surprises
• Not wanting a mortgage and wanting to maintain savings reserves
• Flexibility to move without being stuck selling during a down market
• No selling expenses
• Short versus long term housing needs
o Fire victims
o Executive housing
o Expected life change/move in 1-3 years
This particular development will offer 8 luxury one level rental units that are designed to
fulfill the current void in the marketplace. This project will be utilized as a template for
additional projects of this theme moving forward.
Tall Pines is the 26 unit detached townhome development and is located directly across
the street from the subject property. This project falls within the theme that has been set
forth by the Twin Pines project but provides residents and alternative to buying.
• On a side note, Tall Pine Holdings, LLC is not associated with the development across the street
named Tall Pines. That is merely a coincidental name similarity.
In order to fully utilize the potential of the property and because it still provides for ample
storm water management, the applicant is also requesting the vacation of a portion of the
utility and drainage easement on the southern point of the property.
Dustin Heggem
Acuity Group/Tall Pine Holdings
(612)242-1653
Johnny VandenHoek
Acuity Group/Tall Pine Holdings
(612)987-7387
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STORM WATER POLLUTION PREVENTION PLAN (SWPPP)
PROJECT DESCRIPTION
The existing 1.78 acre site is being regraded. Four new residential townhome buildings and corresponding drive lane/parking lot will be constructed.
An Infiltration pond, which also controls outflow rate, is proposed. Runoff will be carried to the infiltration via overland flow and swales, with a
vegetated strip between pavement and infiltration.
Grading, infiltration, and paving will be installed as part of this project along with building construction.
SWPPP IMPLEMENTATION
The Project Engineer and the Contractor are responsible for implementation of the SWPPP and the installation, inspection, and maintenance
of the erosion prevention and sediment control BMPs before and during construction. The Contractor will have an Erosion Control Supervisor
who is responsible for coordinating the erosion prevention and sediment control BMPs. Dustin Heggem and staff are also available for assistance.
Acuity Group is responsible for long term operation and maintenance of the permanent storm water management system.
PROJECT CONTACT IMPLEMENTATION/MAINTENANCE:
Erosion and Sediment Control, BMP Inspection Performed By:
Krystle Bloch
507-995-2981
PTS Land Services, Inc
826 NW 30th St.
Faribault, MN 55021
Long Term Pond Maintenance Provided By:
Acuity Group
564 Dodge Ave Ste A
Elk River, MN
TIMING OF BMP INSTALLATION
The erosion prevention and sediment control BMPs shall be installed as necessary to minimize erosion from disturbed surfaces and
capture sediment on site.
1. Erosion and sediment control BMPs must be installed prior to the start of construction.
2. Where applicable, disturbed areas will immediately be temporarily stabilized prior to permanent turf establishment whenever construction
ceases for 7 days, with special consideration of areas within 200 feet continuous positive slope of a surface water.
3. Temporary or permanent energy dissipation shall be placed at pipe outlets within 24 hours after connection to a surface water.
4. Temporary stabilization of stockpiles must be initiated immediately to limit soil erosion whenever any construction activity has
permanently ceased on any portion of the site and will not resume for a period exceeding 7 calendar days.
S. Planned slopes of 1:3 (V:H) or steeper and greater than 75 ft. in length will be temporarily or permanently stabilized in increments
not to exceed 75 R., prior to constructing or disturbing a new increment.
6. BMPs must remain in place until final stabilization is achieved and permit NOT has been submitted to the MPCA.
7. The normal wetted perimeter of any temporary or permanent drainage ditch or swale that drains water from any portion of the
construction site, or diverts around the site, must be stabilized within 200 lineal feet from the property edge, or from the point of
discharge into any surface water. Stabilization of the last 200 lineal feet must be completed within 24 hours after connecting to a surface
water.
CAI CI II ATInNS-
Total Area of Grading = 1.8 Ac
Total Existing Impervious = 0 Square Feet
Total New Impervious = 30,627 Square Feet
VOLUME = (1")(V/12")(30,627 SF) = 2,2553 CF
SOIL TYPES:
Majority A Soils
NPDES PERMIT REFERENCES:
III.A.1-4
III.A.S.a-b, d, e, f, g-I
III.A.B.a,b
III.B
III. D
III. E
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IV.C.1-6,8,10
IV.D.1-3
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IV.G.1-3
APPENDIX A, B.10
APPENDIX CA, C.2
CONSTRUCTION SEOUENCE
Construction to begin spring 2018. Silt fence around where specified and Rock entrances to be installed
before any of the following scheduled events take place. Existing structures shall also be protected from
sediment from the start of construction.
1. Grading (excluding pond excavation)
2. Buildings installed
3. Driving area installed
4. Excavation of Pond
S. Landscaping and Turf Restoration
Construction completion expected Fall 2018. All temporary erosion control measures will be removed
and disposed of according to MPCA requirements. Final stabilization will be established.
See NPDES CWS Permit Part IV.E.3 and IV.E.4 for inspection frequency adjustments throughout the course of
scheduled construction.
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STORM WATER POLLUTION PREVENTION PLAN (SWPPP)
CONSTRUCTION NOTES:
Construction shall be in accordance with the MPCA NPDES General Storrnwater Permit for construction activity, plans,
Mn/DOT Spec. Book, Standard Specifications for Construction and the special provisions.
The Contractor shall maintain a stockpile of erosion control devices at all times for immediate usage.
The Contractor shall keep the inspection and maintenance log.
See permit Part III.E for SWPPP record retention requirements.
In the event of accidental sediment or pollutant discharge, the City, MPCA local contact and/or State Duty Officer shall be
notified. The MPCA State Duty Officer can be reached at (800) 422-0798.
TRAINING REQUIREMENTS:
1. The Permittee(s) shall ensure the individuals Identified in this part have been trained in accordance with the NPDES CSW
Permit's training requirements. The Permittee(s) shall ensure the training is recorded in or with the SWPPP before the start
of construction or as soon as the personnel for the project have been determined.
a. Who must be trained:
I. Individuai(s) preparing the SWPPP for the project.
II. Individuals) overseeing implementation of, revising, and amending the SWPPP and individual(s) performing
inspections. One of these individual(s) must be available for anon site inspection within 72 hours upon request by
the MPCA.
iii. Individual(s) performing or supervising the installation, maintenance, and repair of BMPs. At least one individual
on a project must be trained In these job duties.
It. Training content. The content and extent of training must be commensurate with the individual's job duties and
responsibilities with regard to activities covered under this permit for the project. At least one Individual present on the
permitted project site (or available to the project site in 72 hours) must be trained in the job duties described in
Part III.F.1.b and Part III.F.I.c.
C. Training documentation:
L Documentation must be recorded with the SWPPP prior to the start of construction.
it. Names of the personnel associated with this project that are required to be trained per Part III.F of this permit.
iii. Dates of training and name of Instructor(s) and entity providing training.
iv. Content of training course or workshop (including number of hours of training).
d. The Permittee(s) shall ensure that the individuals are trained by local, state, federal agencies, professional
organizations, or other entities with expertise in erosion prevention, sediment control or permanent stormwater
management such as the University of Minnesota, Minnesota Erosion Control Association, Soil and Water Conservation
Districts or the MPCA.
EROSION PREVENTION MEASURES:
1. Temporary or permanent stabilization of exposed soils, including stockpiles, shall be initiated immediately to limit soil
erosion whenever any construction activity has temporarily or permanently ceased on any portion of the site and will not
resume for a period exceeding 7 calendar days. (Permit Part IV.B.4).
2. The normal wetted perimeter of any temporary or permanent drainage ditch or swale that drains water for any portion of
the construction site, within 200 lineal feet, must be completed within 24 hours after connecting to a surface water or
property edge. Apply mulch, hydromulch, taclfler, polyacrylamide, or similar practice is not acceptable stabilization in any
part of a drainage ditch or swale. (Permit Part W.B.4).
3. Use check dams along length of conveyance channels. (Permit Part IV.B.3).
4. Temporary or permanent energy dissipation devices must be installed at pipe outlets within 24 hours after connection to a
surface water.
SEDIMENT CONTROL MEASURES:
1. In order to maintain sheet flow and minimize rills and/or gullies, there shall be no unbroken slope length of greater
than 75 feet for slopes with a grade of 1:3 or steeper.
2. Sediment control practices must be established on all down gradient perimeters and upgradient of any buffer zones. These
practices shall remiain in place until final stabilization has been achieved and the Permit NOT form has been submitted
to the MPCA.
3. Temporary soil stockpiles must have silt fence or other effective sediment controls, and cannot be placed in surface
waters, including stormwater conveyances such as curb and gutter systems, or conduits and ditches unless there is
a bypass in place for the stormwater.
4. Vehicle tracking of sediment from the construction site (or onto streets within the site) must be minimized by
Best Management Practices (BMPs) such as stone pads, concrete or steel wash racks, or equivalent systems. Tracked
sediment onto paved surfaces must be removed daily, at minimum.
5. Per Part IV.C.I.b, if down gradient sediment controls are overloaded, additional upgradient sediment control practices
or redundant BMPs to eliminate overloading must be installed, and the SWPPP must be amended.
5. See permit Part IV.C.3 for instructions on re -installation of sediment control practices after they've been adjusted.
7. See permit Part IV.C.4 for instructions on the removal of storm drain inlet protection BMPs.
THE DESCRIPTION OF INSPECTIONS AND MAINTENANCE:
1. The Permittee(s) (either the owner or operator, whoever is Identified In the SWPPP) must routinely inspect the entire
construction site at least once every seven (7) days during active construction and within 24 hours after a rainfall
event greater than 0.5 inches in 24 hours.
INSPECTION AND MAINTENANCE REQUIREMENTS MUST INCLUDE:
- Date and time of inspections. All inspections and maintenance conducted during construction shall be recorded within 24 hours
in writing and these records must be retained in the SWPPP
- Name of person(s) conducting inspections.
- Findings of inspections, including specific locations where there are recommendations for corrective actions.
Corrective actions taken (including dates, times, and party completing maintenance activities).
Date and amount of all rainfall events greater than 1/2 inch (0.5 inches) in 24 hours. Rainfall amounts must be obtained by a
properly maintained rain gauge onsite, a weather station within 1 mile of the project location, or a weather reporting system
that provides site specific rainfall data from radar summaries.
- Documentation of changes and any amendments made to the SWPPP must be completed within 7 calendar days. See permit
Part III.B for amendments to SWPPP.
- Construction site vehicle exit locations must be inspected for evidence of off -site sediment tracking onto paved surfaces.
Tracked sediment must be removed from all paved surfaces, within 24 hours of discovery, or if applicable, within a shorter
time to comply with Part IV.C.6.
- Infiltration and Bioretentlon facility must be Inspected for sedimentation.
Discharges discovered during inspections shall be documented per NPDES CSW Permit part IV.E.2.F.
MAINTENANCE PERFORMANCE:
1. All nonfunctional BMPS must be repaired, replaced, or supplemented with functional BMPs by the end of the next business day
after discovery, or as soon as field conditions allow access unless another time frame is specified that is not less restrictive
than permit requirements. See permit Part IV.E.5 for specific requirements.
POLLUTION PREVENTION MANAGEMENT:
1. Solid Waste: Sediment, asphalt and concrete millings, floating debris, paper, plastic, fabric, construction and
demolition debris and other wastes must be properly collected, stored, and disposed of in accordance with Minn. R.ch.7035.
This includes any materials used for erosion control.
2. Hazardous and Toxic Materials: Includes, but Is not limited to: OII, gasoline, paint and any hazardous substances must be
properly stored, including secondary containment, to prevent spills, leaks or other discharge. Restricted access to storage
areas must be provided to prevent vandalism. Storage and disposal of hazardous waste must be in accordance with Minn.R.Ch.7045
3. External washing of trucks and other construction vehicles must be limited to a defined area of the site. Runoff must be
contained and waste properly disposed of.
4. No engine degreasing is allowed on site.
S. Concrete washout onsite: All liquid and solid wastes generated by concrete washout operations must be contained In a
leak -proof containment facility or impermeable liner. A compacted clay liner that does not allow washout liquids to enter
ground water is considered an impermeable liner. The liquid and solid wastes must not contact the ground, and there must
not be runoff from the concrete washout operations or areas. Llquld and solid wastes must be disposed of properly and in
compliance with MPCA regulations. A sign must be installed adjacent to each washout facility to inform concrete equipment
Operators to utilize the proper facilities.
6. Building products that have the potential to leach pollutants must be under cover. (NPDES CSW Permit Part IV.F.I.a)
7. Pesticides, herbicides, insecticides, fertilizers, treatment chemicals, and landscaped materials must be under cover.
(NPDES Permit Part IV.F.1.b).
8. Portable toilets must be positioned so that they are secure and will no be tipped or knocked over. Sanitary waste must be disposed
of properly in accordance with Minn.R.ch.7041. (NPDES CSW Permit Part IV.F.I.e)
9. Spill Prevention and Response Requirements: Adequate supplies must be available at all times to clean up discharged materials and
an appropriate method must be available for recovered spilled materials. Spills must be reported and cleaned up immediately as
required by Minn. Stat. 115.061 using dry cleanup measures where possible.
FINAL STABILIZATION:
1. Permanent stabilization of exposed soils, including stockpiles, shall be initiated Immediately to limit soil erosion whenever any
construction activity has permanently ceased on any portion of the site and will not resume for a period exceeding 7 calendar
days.
2. All sediment must be removed from permanent stormwater management system and conveyance systems.
3. See landscape sheets for turf establishment.
4. Final stabilization is achieved by a uniform perennial vegetative cover with a density of 70% of expected growth over the entire
pervious area.
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DISCHARGE TO WETLANDS:
1. If there is a wetland impact caused by filling, draining, excavation or inundation, how has that impact been addressed by W
permits or other approvals from an official statewide program (U.S. Army Corps of Engineers 404 program, Minnesota Z
Department of Natural Resources, or the State of Minnesota Wetland Conservation Act)? If the impact is considered p
exempted or non jurisdictional by theses programs, how is the impact in conformance with the sequence mitigation
requirements of MPCA water quality standards in MN Rule 7050.0186 PTS
<https://www.mvisor.leg.state.mn.us/rules/?id=7050.0186> rrRD 3RRnca9, rRC.
IMPAIRED AND SPECIAL WATERS
sse Rr sere sr.
The Mississippi River Is a scenic and recreational river within one mile of the project discharge point, and the project must follow guidelines enr�.u(so7jwaei iirar
in Stornwater Manual App B (C.1, C.2, C.3) tear) 884-W98
aam•m.�
KARST AREA PROTECTION:
Thera are no known Karst features in the City of Elk River.
CALCAREOUS FENS:
No calcareous Fen sites exist on this project.
CHECKED By: KLB
OESIONEO ey: KLB
JOB NO. XXXX
CERTIFICATE OF SURVEY FOR: DUSTIN HEGGEM
183RD CIRCLE, ELK RIVER, SHERBURNE COUNTY, MINNESOTA
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I HEREBY CERTIFY THAT THIS SURVEY WAS PREPARED BY ME OR UNDER MY DIRECT
SUPERVISION AND THAT I AM A DULY LICENSED LAND SURVEYOR UNDER THE LAWS OF
THE STATE OF MINNESOTA.
SIGNED THE 18TH OF FEBRUARY, 2019.
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DENNIS M. HONSA
MINNESOTA LICENSE No. 22440
FOR: HONSA SURVEYING, LLC
ALTERATIONS TO THIS DRAWING ARE PROHIBITED
WITHOUT THE EXPRESS WRITTEN PERMISSION OF
HOONSA SURVEYING COPYRIGHT 2019, HONSA
SURVEYING. LLC
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City of
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Ordinance 19 -
Stfikethfoughs to be removed
Underlines to be added
An Ordinance Amending a Portion of the City of Elk River Zoning Map from
Business Park (BP) to Planned Unit Development (PUD)
Case No. 19-03
The City Council of the City of Elk River does hereby ordain as follows:
SECTION 1. That the duly adopted Zoning Map of the City of Elk River is hereby amended to
rezone the property described on attached Exhibit A from Business Park (BP) to Planned Unit
Development (PUD).
SECTION 2. That the rezoning approved by this Ordinance is based on the following findings:
1. The rezoning is consistent with the City of Elk River Land Use Plan adopted
as part of the City of Elk River Comprehensive Plan.
SECTION 3. That this ordinance shall take effect upon adoption and be published as provided by
law.
Passed and adopted by the City Council of the City of Elk River this 21" day of October, 2019.
John J. Dietz, Mayor
ATTEST:
Tina Allard, City Clerk
Stfikethfoughs to be removed
Underlines to be added
Exhibit A
Lot 3, Block 1, Mulvaney Point, Sherburne County, Minnesota
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C' liry pry°
EIk
River
City of Elk River
City Council
Resolution 19-
A Resolution of the City Council of the City of Elk River to Vacate a Portion
of a Drainage and Utility Easement
Case No. EV 19-04
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 has conducted a hearing to consider the vacation of the
easement legally described on the attached Exhibit "A" ("Easements"); and
WHEREAS, vacation of the easement is appropriate as the vacated easement is no longer
needed as the city's stormwater are satisfied without the additional land; and
WHEREAS, a public hearing was held on October 21, 2019, before the City Council of
the City of Elk River on such request after 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 appears that it is in the public interest to vacate the 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 upon
the Owner of the Subject Property making improvements to preserve wetland
protections.
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 21 st day of October 2019.
John J. Dietz, Mayor
ATTEST:
Tina Allard, City Clerk
EXHIBIT A
VACATION EXHIBIT FOR: DUSTIN HECCEM
183RD CIRCLE, ELK RIVER, SHERBURNE COUNTY, MINNESOTA
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CERTIFICATION: +0
I HEREBY CERTIFY THAT THIS SURVEY WAS PREPARED BY ME OR
UNDER MY DIRECT SUPERVISION AND THAT I AM A DULY LICENSED
LAND SURVEYOR UNDER THE LAWS OF THE STATE OF MINNESOTA.
SIGNED THE 22ND OF JULY, 2019. 113
DENNIS M. HONSA
MINNESOTA LICENSE No. 22440
FOR: HONSA SURVEYING, LLC
EASEMENT VACATION DESCRIPTION.
THAT PART OF THE DRAINAGE AND UTILITY EASEMENT DEDICATED ON LOT 3, BLOCK 1, MULVANEY POINT
ACCORDING TO THE PLAT ON FILE AND OF RECORD IN THE OFFICE OF THE COUNTY RECORDER, SHERBURNE
COUNTY, MINNESOTA DESCRIBED AS FOLLOWS:
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COMMENCING AT THE MOST WESTERLY CORNER OF SAID LOT 3; THENCE SOUTH 50 DEGREES 31 MINUTES 11
SECONDS EAST ASSUMED BEARING ALONG THE SOUTHWESTERLY LINE OF SAID LOT 3 A DISTANCE OF 144.57
FEET; THENCE SOUTH 87 DEGREES 55 MINUTES 46 SECONDS EAST A DISTANCE OF 16.46 FEET TO THE POINT
OF BEGINNING; THENCE CONTINUING SOUTH 87 DEGREES 55 MINUTES 46 SECONDS EAST A DISTANCE OF
159.66 FEET; THENCE SOUTH 02 DEGREES 04 MINUTES 13 SECONDS WEST A DISTANCE OF 20.00 FEET;
THENCE NORTH 87 DEGREES 55 MINUTES 46 SECONDS WEST A DISTANCE OF 133.51 FEET; THENCE NORTH 50
DEGREES 31 MINUTES 11 SECONDS WEST A DISTANCE OF 32.92 FEET TO THE POINT OF BEGINNING AND
THERE TERMINATING.
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Tall Pine Holding LLC
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Case No: ZC 19-0
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Background
■ Applicant proposes an 8 unit (4 duplex) luxury townhome rental
project.
■ Single parcel
■ One private driveway to 183ra Circle NW provides access to 4
units
■ Rezone to PUD
■ CUP authorizing the PUD
■ Easement vacation for portion of drainage easement.
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Zone Change - Comp Plan
■ Guided for Mixed Use
■ Mixture of housing, jobs and/or retail services uses
■ High density residential land uses
■ The proposed use and rezoning to a residential PUD is
supported by the Comprehensive Plan and is similar to
surrounding land uses
Traffic
■ Existing public facilities are not impacted
■ MnDOT continues to evaluate impacts from the US Highway
169 project
■ Closure along Line Ave. are expected
■ The proposed use does not adversely impact streets or other
public facilities — 40 trips per day estimated.
CUP Requirements
■ Staff's analysis of the application shows compliance with all
seven (7) of the conditions required for approval of the CUP.
and
■ Per Sec 30-1564, the standards for establishment of a PUD
district are also satisfied.
Planning Commission
■ The Commission did not have any concerns and unanimously
recommended approval of the Zone Change and CUP.
Easement Vacation
■ Drainage easement dedicated with plat of Mulvaney Point for
the purposes of stormwater treatment.
■ Stormwater standards are satisfied without using entire
easement.
■ Proposal vacates unused portion of the easement.
■ Dry pond — no standing water.
■ Does not trigger 45' setback requirement
■ Stormwater standards are met
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CERTIFICATION:
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I HEREBY CERTIFY THAT THIS SURVEY WAS PREPARED BY ME OR
UNDER MY DIRECT SUPERVISION AND THAT I AM A DULY LICENSED `-?•
LAND SURVEYOR UNDER THE LAWS OF THE STATE OF MINNESOTA.
SIGNED THE 22ND OF JULY. 2019.
DENNIS M. HONSA
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Action Requested
■ Adopt, by motion, an ordinance approving the Zone Change
from BP to PUD, with the conditions outlined in the memo
■ Approve, by motion, the CUP establishing a residential PUD,
with the conditions outlined in the memo
■ Adopt, by motion, a resolution vacating a portion of the
drainage and utility easement dedicated with plat of Mulvaney
Point.