9.1. SR 11-18-2019 ��i
Eof
lk — - Request for Action
River
To Item Number
Mayor and City Council 9.1
Agenda Section Meeting Date Prepared by
Work Session November 18, 2019 Chris Leeseber , Senior Planner
Item Description Reviewed by
Concept Review: Planned Unit Development for 32 Zack Carlton,Planning Manager
Single Family Lots Reviewed by
Cal Portner, City Administrator
Action Requested
Provide the applicant with informal non-binding feedback regarding the requested zone change and
subdivision.
Background/Discussion
Case No. CR 19-05
The applicant,Prime Investment Group,is requesting feedback j
regarding a rezoning of 11.67 acres of the 24-acre subject parcel
(Wapiti Campground) to Planned Unit Development (PUD) for a S
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32-lot subdivision. The proposed lots would be 65'wide (67.5' for CR 33
corner lots) and 165'+ deep. The existing zoning (R-1b) requires
80'wide lots (100' for corner lots). 1
The city has approved numerous small lot subdivisions in the past- RR
West Oaks, Kliever Lake Fields,Tall Pines, and Miske Meadows.
Staff would work with the developer to address potential concerns
through setback, facade, and landscaping standards if the council is CR iz
in favor of the current proposal.
Included in the attachments is an exhibit showing the two
Riverplace developments to the east,both of which meet the R1-b P
dimensional requirements.
6y
The proposal provides right-of-way running north/south through
the development to Camp Cozy. They are also proposing a right-of- Figure i
way connection to the east, aligning with the existing 186"'Avenue
connection in the Riverplace subdivision.
Environmental
The wetland delineation for this project site was submitted on October 1, 2019, and was reviewed later in
October. The report indicates that no wetlands were identified within the project area but this will need
The Elk River Vision
A avelcoming community with revolutionary and spirited resourcefulness, exceptional P D w E A E D D Y
service, and community engagement that encourages and inspires prosperity /` UR
to be evaluated by the Technical Evaluation Panel (TEP). A formal Wetland Conservation Act (WCA)
Notice of Decision (NOD) will be required before the boundaries will be considered finalized.
The majority of the site is also within the Shoreland Management District,which limits total hardcover to
25% maximum for the site. This may also need to be reviewed by DNR staff if the proposed plans do not
meet those requirements. It appears approximately 15 lots are within this area on the northern portion of
the project area. Additionally, there may be some floodplain areas on the project area.
Financial Impact
None
Attachments
■ Location Map
■ Concept Plan
■ Area Development Exhibit
■ Easement for Street, Utility, and Drainage Purposes
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Office of the County Recorder
Sherburne County, MN
DOC. No. 591678
Certified filed and/or recorded on
04-23-2009 at 02:30
e Ashe, County Recorder
Deputy Fee: $ 46.00
691578
GRANT OF EASEMENT
FOR STREET,UTILITY,AND DRAINAGE PURPOSES
THIS GRANT OF EASEMENT is made on this 917"_day of , 2009, by Elk River
Christian and Missionary Alliance Church ,a Minnesota non-profit corporation,
(Grantor)to the City of Elk River, a Minnesota Municipal Corporation(Grantee).
RECITALS
Grantor is the owner in fee simple of real property in the County of Sherburne, Minnesota, which
is legally described on Exhibit A attached hereto(the Easement Tract). Grantee desires to use the
Easement Tract for the construction and maintenance of certain streets, utilities and drainage.
NOW, THEREFORE, in consideration of the sum of One Dollar ($1.00) and other good and
valuable consideration,the receipt and sufficiency of which are hereby acknowledged by Grantor:
1. Permanent Easement— Grantor hereby grants to Grantee, its successors and assigns, a permanent
easement (the Permanent Easement) for street, utility and drainage purposes over, under, upon,
and across the.Easement Tract, said permanent easement is legally described on Exhibit A. The
Permanent Easement shall permanently run with the title to the Easement Tract and shall inure to
the benefit of and be binding upon the parties hereto and their respective heirs, successors, and
assigns, including, but without limitation to, all subsequent owners of the Easement Tract and all
persons claiming under them.
2. Use of Easement Tract — Grantor hereby agrees that it will not perform or allow or cause the
construction of any improvements on the Easement Tract which could damage or obstruct the
Permanent Easement or interfere with Grantee's access to or Grantee's right to construct,
maintain, and repair the street, utilities and drainage on the Easement Tract.
3. Warranty of Title Grantor represents and warrants to Grantee that it is the only owner of fee
simple title to the Easement Tract, and that there are no owners of mortgages, contracts for deed,
leases, rental agreements, occupancy agreements, or any other encumbrances or verbal or written
agreement of any nature whatsoever affecting title to the Easement Tract. Grantor, on behalf of
itself, its successors, and assigns, hereby indemnifies and holds harmless Grantee against and
from any and all claims for loss, damage, or expenses which may be incurred or asserted by
Grantor or any party whose consent is required to be obtained hereunder, in connection with this
Grant of Easement or Grantee's use of the Easement Tract pursuant to this Grant of Easement.
Apnl 2.20093:06 PM 1
4. Governing Law — This Grant of Easement shall be construed and governed by the laws of the
State of Minnesota.
IN WITNESS WHEREOF, the parties hereto have executed this Grant of Easement on the
above date.
GRANTEE:
CITY OF ELK RIVER
B :
Its ayor
B ' -
Its: Clerk
GRANTOR:
ELK RIVER CHRISTIAN AND
MISSIONARY ALLIANCE CHURCH
By:
Its:
April 2,20093:06 PM 2
STATE OF MINNESOTA
ss.
COUNTY OF SHERBURNE
r
This instrument was acknowledged before me this • day of D n ,200�, by
`j f e 214n0e- kh A Z 1'06 and -"int 6 /j-ar , the Mayor and City Clerk
respectively of the City o Elk River, a Minnesota Municipal Corporation, on behalf of the
Corporation.
=0. ON07A1,2010 Notary Public J�-CJL T
STATE OF MINNESOTA
SS.
COUNTY OF W4,a 1►�
This instrument was acknowledged before me this day of ,2009,
by j,,-- ' `L , and ,the
Coa.3.r and of Elk River Christian and
Missionary Alliance Church a Minnesota non-profit corporation
, on behalf of said corporation
TINA MART:ESOT]A
-
1OTAPY P!qM-kGN
Notary Public
dT;Con n&,3i !Expires J
This instrument was drafted by:
DRIES &LENHARDT, PLLP
12725-43 RD Street NE, Suite 201
St.Michael, MN 55376
763-497-3099
April 2.20093:06 PM 3
EXHIBIT A
LEGAL DESCRIPTION TO THE EASEMENT TRACT:
Perpetual easement for public street, utility and drainage purposes over, under, and across that part of the
following described property:
An easement for utility purposes over, under, and across that part of the west 25.00 feet of the West
245.31 feet of the East 278.31 feet of the South 1400 feet of the West Half of the West Half of the
Northeast Quarter of Section 31, Township 33, Range 26, Sherburne County,Minnesota,which lies north
of the South 37.00 feet thereof, and south of the westerly extension of the south right of way line of 186`h
Ave NW as dedicated in the recorded plat of Riverplace,Sherburne County,Minnesota.
ApH12.20093:06 PM 4
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�` T— of the Wast%49.31 hat 0,Gra East 2Tfl37 reef o!fhoaSauth 74t)a regi orlha 9Ai6®!Hereof
H the Weaf HeRaf the Northeast 4uarfaralSecNa.rJf,7pwnetrfp Retrpe 26,shetotsna
Gatmfy,Minnascts,which t ng surroffpprlhhh ai the 5ohlh 37.91)leal thereat,and south of" 4
� adensrah of� sos sherhume eaimiy,mmw.NW es dsPxetad fn Ma
PmpesedWatemrernEssem rd
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SW7H L IAT OF W NF r/4 OF SEC. 3 t, MP M, R. 24
165TH AVENUE NW
Prime Investment Concept Review9.1Group
Front 11.67 acres of Wapiti50 foot building pad (15 feet between buildings)32 lots at 65 feet widePrevious application 41 lots at 50 feet wide
Background
135410
Provide the applicant with informal nonregarding the requested zone change and subdivision.-binding feedback
Action Requested
CopartLand Swap
BeforeAfter