7.5 SR 06-16-2025The Elk River Vision
A welcoming community with revolutionary and spirited resourcefulness, exceptional service, and community
engagement that encourages and inspires prosperity
Request for Action
To
City Council
Item Number
7.5
Meeting Date
June 16, 2025
Prepared By
Zack Carlton, Community Development Director
Item Description
Ordinance Amendment 25-11: PUD Amendment for
Tall Pines Second Addition
Reviewed by
Cal Portner
Tina Allard
Action Requested
Adopt Ordinance 25-11 codifying and amending the PUD agreement for Tall Pines, subject to the following
conditions:
1. Staff approval of all civil plans identifying infrastructure improvements required to meet post-construction
stormwater requirements.
2. All improvements must be completed by July 31, 2025.
3. The ordinance amending the PUD will not be recorded until the improvements have been completed, and
the city has verified that the pond meets post-construction stormwater requirements.
4. The 25-foot wetland buffer, requiring establishment and maintenance of the vegetation within the setback.
The area should not be mowed or otherwise altered.
Background/Discussion
The Tall Pines Planned Unit Development (PUD) was approved in phases between 2017 and 2020 and
included a number of deviations from city ordinances, including reduced setbacks from stormwater ponds.
During the construction process, city engineering staff noted that a proposed pond was not functioning as
designed. The pond was holding water, although it was designed as a dry pond. This change in functionality
impacts the required pond setbacks for multiple homes within the PUD. These encroachments were not
approved as part of the original PUD reviews.
In order for the property to come into compliance with city processes, the pond needs to be updated to
function as intended, or the developer must receive approval for additional structures within the required
setback. The developer has requested approval of additional encroachments into the required pond setbacks.
This change also requires modifications to the existing pond to ensure compliance with state stormwater
standards. Staff included a number of conditions of approval requiring the pond improvements prior to the
PUD amendment being recorded.
Planning Commission
The Commission held a public hearing regarding the proposed PUD amendment on May 27, 2025. During the
public hearing, the applicant spoke in support of their request, and noted that he understood the requirement
to bring the pond into compliance with state standards. Additionally, multiple residents spoke in support of
the proposed change to a pond as they enjoyed the scenery and wildlife habitat it provided. They also
submitted photos and a petition outlining their support for the change.
Page 533 of 637
The Planning Commission unanimously recommended approval of the amendment.
Since the meeting, staff have added one condition to the recommendation for approval, requiring the first 25-
feet around the pond (the buffer strip required in Sec. 30-1852) to be maintained as natural vegetation -
limiting mowing or other practices. The ordinance establishes a 45-foot protective area around wetlands and
wet ponds. The first 25-feet are meant to be left as natural vegetation. The next 20 feet, the subject of the
PUD amendment, prohibits structures and impervious surfaces. The amendment allows the existing
encroachments on the second 20-foot buffer strip.
Financial Impact
None
Mission/Policy/Goal
Appropriately govern in an ever-changing environment.
Attachments
1. Location Map
2. Applicant's Narrative
3. Stormwater Pond Exhibit
4. PUD Ordinance Document
5. Public Hearing Submittal
6. 7.5 Tall Pines PUD Presentation
Page 534 of 637
Page 535 of 637
Page 536 of 637
SOG12SOG13SOG14G=914.8SLABLL/OPN=915.1G=915.0SLABLL/OPN=915.3G=915.2SLABLL/OPN=915.51011121415POND111213VVVV||||||||S6+006+32.38LL/OPN=917.1G=916.9LL/OPN=917.2G=917.0G=916.9LL/OPN=917.3LL/OPN=917.22.0%
V
V
V
V
V
V6+007+008+00 9+00 9+22.87
VV
VV
VV
VV
VV
VV FL0.6%VV
VV
VV
VV
VV
VVFL 0.6%915914916916
916
910
915
908
909
911
912
913
914
916920916917918919921922923916
9159209259169179189199219229239249269163.3%
3.6%
3.6
%
26.7%
22.7%
18.9%
42.5%4:12.0
%
2.0
%4.0%4.0%3.2%2.4%9:1
12:1
1282:1
21.0%
2.5%
1.8%2.0%0.1%31.4%
44.4%
25.7%
33.2%32.7%
37.7%
32.7%16.2%17.6%
27.9%
2.0%
2.0%
1.4%
25.8%
22.9%
22.7%
25.5%
34.8%
24.7%
36.1%
22.9%
37.6%5.0%2.6%3.0%3.0%900
905
901
902
903
904
906
907
908
909
909
900
905
910
901
902
903
904
906
907
908
909 916.70
FG916.80
FG916.70
FG916.11 FG916.20 TP912.50 FG916.30 FG916.50 FG916.3
0
F
G916.12 FL916.45 TC915.55 FL915.80 FL915.88 TC916.13 TC915.44 DC915.44 FL916.24
FG908.21 TP909.99 EX908.16 EX908.07 EX913.13 TP913.33 TP914.17 TP914.37 TP914.86 TP914.66 TP915.79 TP915.61 TP915.62 DC915.62 FL915.51 DC915.51 FL915.40 FL915.65 FL915.98 TC915.73 TC915.74 FL916.07 TC914.86
FG913.20 FG919.50 BW923.00 TW925.50 TW922.00 BW918.00 TW915.00 BW917.00 TW916.00 BW915.80 FL916.13 TCEOF=913.05927.61 EX923.00 TW919.50 BW915.65 TC912.73 TP912.86 TP927.53 EX926.59 EXEOF=908.50100' X 10' FLEXAMAT20' X 10' FLEXAMAT2 - 45° BENDS THEN EXTENDNORTH 130 LF TO CONNECTWITH MAIN WATER LINE FROMTALL PINES SECOND ADDITION40' X 8' FLEXAMATCONNECTION SHOULD NOT BE MADEUNTIL TESTING IS COMPLETED OR AVALVE SHOULD BE ADDEDREPLACE STRUCTURE(PER 18-0096.00 DETAIL)RIM = 908.00T.O.W = 907.006"X6" OPENING = 904.504" ORIFICE = 903.00BOTTOM = 900.35REPLACE 15" FESINV. = 901.35REMOVE 8" DIP PLUG ANDCONNECT INTO EXISTING WM STUBMINIMUM 20' SETBACK FROM 25' WETLAND BUFFER OF OHWL.NO PRINCIPLE OR ACCESSORY STRUCTURES, PATIOS,PAVING OR OTHER IMPERVIOUS SURFACES SHALL BELOCATED WITHIN SETBACK (PER CITY CODE)TRAIL IS NOT WITHIN ORDINANCE.DEVELOPER WOULD NEED AVARIANCE FOR BITUMINOUS TRAIL.RETAINING WALL IS IMPERVIOUSSURFACE NOT ALLOWED WITHINORDINANCE OF WETLAND SETBACKEXISTING BITUMINOUS ANDCONCRETE TRAILS FALL WITHIN 20'SETBACK. THIS IS AN ISSUE WITHWETLAND SETBACK/BUFFERORDINANCE.EXISTING HOME FROM PHASE1 LOT 13 CREATES ISSUEWITHIN SETBACK ZONEPROPOSED HOME LOT 14CREATES ISSUE WITHINSETBACK ZONEWET POND (1P)BOTTOM: 900.00NWL: 903.00OHWL: 906.46EOF: 908.50DEVELOPER WILL NEED TO OBTAIN AVARIANCE FOR CONFLICTING AREASWITHIN WETLAND SETBACK/BUFFER ZONE10' X 10'FLEXAMAT (EOF)ADJUST INV OF 15" RCP FES20.0'25.0'SCALE: 1" = 30'030'WET POND
8:44 AM N:\Projects Current\21-0092.07 Stormwater Pond ReDesign\FILTRATION STORM WATER POND\HydroCAD - Wet Pond\Grading & Utility - Wet Pond 3.18.2024.dwg3/27/2024 LEGEND:GENERAL NOTES:Sec. 30-1852. - Performance standards.a.Wetland buffer strip. A minimum 25-foot buffer strip from the delineated boundary of awetland or ordinary highwater level of a stormwater pond is hereby established. Wetlandbuffer strips shall meet the following standards:1.No principle or accessory structures, patios, paving, or other impervious surfacesshall be permitted within the wetland buffer strip.2.Alterations are prohibited within the wetland and wetland buffer strip, unless avegetation management plan or other approval is granted by the city.3.The applicant shall establish and maintain wetland and wetland buffer stripvegetation in accordance with the requirements found in section 30-1853.4.The applicant shall maintain the required wetland buffer strip monuments at each lotline where it crosses a wetland buffer strip and at 200-foot intervals along the edgeof the wetland buffer strip. Each monument shall state "Wetland Buffer: Under theCity Code, no mowing, clearing or removal of vegetation in the buffer area isallowed. Call the City of Elk River for more information." The city reserves the rightto eliminate this requirement if it deems it impractical.5.The city, at its sole discretion, following the city's master park trail plan, may allownature trails comprised of natural materials, to be located within the wetland bufferstrip.6.Leisure activities such as hiking, nature studies, canoeing, boating and horsebackriding,including facilities such as nature trails and docks which allow for suchactivities are permitted in the wetland buffer strip.7.Final plats for all subdivisions shall provide an easement over all wetlands andwetland buffer strips for the purposes of identification and protection.8.Properties platted prior to June 19, 2006, shall be exempt from the vegetationmanagement requirements described in subsections ii—iv above.b.Wetland buffer strip setback. A minimum 20-foot setback from wetland buffer strips ishereby established by the city.1.No principle or accessory structures, patios, paving, or other impervious surfaceshall be located within this setback.2.Nature trails, at the city's approval, may be located within the wetland buffer stripsetback.3.On property that was platted prior to June 19, 2006, uncovered decks andpermeable pavement can be located within this setback.c.Exceptions. Properties platted prior to adoption of the wetland buffer strip and wetlandbuffer strip setback performance standards set forth in this section may not be configuredto accommodate the required performance standards. For this reason, exceptions to theperformance standards for properties platted prior to June 19, 2006, may be approved bythe planning manager pursuant to the site plan review process. Applicants for site planreview shall pay the fee specified in the city's fee schedule. Site plan approvals andrequired conditions shall be made by the planning manager on a case by case basis, withthe goal of maintaining consistency with the performance standards to the maximum extentreasonably possible. Appeals from staff determinations and conditions may be madepursuant to the appeal procedures set forth in section 30-634.d.Fences. Fences may encroach into the wetland buffer strip setback, but at no time shallthey be allowed within the wetland buffer strip or in delineated wetlands. Properties plattedprior to June 19, 2006, shall be exempt from this requirement.(Ord. No. 06-07, § 2, 6-19-2006; Ord. No. 16-24, § 1, 11-21-2016; Ord. No.17-07, § 1,4-17-2017; Ord. No. 18-12,§ 1, 7-16-2018)WET POND REDESIGN OPTIONOPTION3 DESCRIPTIONDATENO.
REV
FILE NO.:
DWG FILE:
CHECKED BY:
DRAWN BY:
DESIGN BY:
DATE: SHEET NO.LAND SURVEYING
CIVIL ENGINEERING
ENVIRONMENTAL SERVICES
13076 FIRST STREET, BECKER, MN 55308-9322
TEL: 763-262-8822 FAX: 763-262-8844
BOGART, PEDERSON
& ASSOCIATES, INC.
STORMWATER POND REDESIGN
City of ELK RIVER, Sherburne County, MN
1/18/2024
21-0092.07
CJD
DML
MJM, DML
I hereby certify that this plan, specification, or
report was prepared by me or under my direct
supervision and that I am a duly Licensed
Professional Engineer under the laws of the
State of Minnesota.
Signed:
Date: Lic. No.
Christopher J. Dahn
58628
EVERGREEN TOWNHOMES, LLC.20' SETBACK TO BUFFER(PER CITY ORDINANCE)25' BUFFER FROM STORMWATER POND HIGHWATER LEVEL(PER CITY ORDINANCE)03/27/2024
Page 537 of 637
Strikethroughs to be removed
Underlines to be added
Last Updated January 2023
Ordinance 25-11
An Ordinance Amending Chapter, 30, Division 9, Other Nonoverlay Districts, of
the City of Elk River, Minnesota, City Code
The City Council of the City of Elk River does hereby ordain as follows:
SECTION 1. That Chapter 30, Division 9, Subdivision III. Approved Planned Unit
Development Districts of the City of Elk River Code of Ordinances shall be amended to add the
following Section:
Section 30-1605. – Tall Pines PUD
(a) Legal Description. The following described property located within the City of Elk River,
Sherburne County, Minnesota is hereby zoned PUD, Planned Unit Development:
Lots 1 – 15, Block 1, Lots 1 – 13, Block 2, and Outlots A – B, TALL PINES P.U.D.
SECOND ADDITION, Sherburne County, Minnesota.
AND
Lots 1-14, Block 1, and Outlot A, EVERGREEN TOWNHOMES, Sherburne County,
Minnesota.
(b) PUD Development Standards. The property shall be subject to the following standards.
(1) Uses
a. Permitted Uses
1. Residential, single family.
2. Model homes in compliance with section 30-800;
3. Public parks, playgrounds and open space;
4. State licensed residential facilities or a housing with services establishment
registered under chapter 144D serving six or fewer persons, a licensed day care
facility serving 12 or fewer persons, and a group family day care facility licensed
under Minnesota Rules, parts 9502.0315 to 9502.0445 to serve 14 or fewer
children shall be considered a permitted single family residential use of property
for the purposes of zoning, except that a residential facility whose primary
purpose is to treat juveniles who have violated criminal statutes relating to sex
offenses or have been adjudicated delinquent on the basis of conduct in violation
Page 538 of 637
Strikethroughs to be removed
Underlines to be added
Last Updated January 2023
of criminal statutes relating to sex offenses shall not be considered a permitted
use.
b. Accessory Uses
a. Residential occupations.
b. Signs (as permitted in section 30-851 et seq.).
(2) Lot Size
a. The PUD permits lot sizes as follows:
Lot Type
Minimum
Lot
Width
Minimum
Dwelling
Width
Minimum
Lot
Depth
Residential Lot 40’ – 0”30' - 0"90' - 0"
(3) Setbacks
1. Primary Structures
Front Setback (right-of-way)30' - 0"
Front Setback (private street)20’-0”
Side Setback 5' - 0"
Rear Setback 10' - 0"
(4) Additional Development Standards:
a. Unit Construction and Design Standards
1. Facades shall consist of at least two materials (brick, siding, stone, shakes, or
other materials approved by the city)
2. No more than three adjacent homes will have the same roof/facade style.
3. Façade materials or colors will not repeat between adjacent homes. Significant
variation in materials and/or colors is encouraged.
4. Each townhome must have a minimum of five shrubs along the front
foundation.
b. Common Areas
Common areas shall be under the ownership and control of the property owners'
association, which shall be responsible for the maintenance, and repair of the
common areas.
c. The area identification sign (monument sign)
1. The area identification sign (monument sign) must be located on a buildable lot,
not an outlot.
2. The sign shall meet setback and height standards described in the ordinance.
3. A box drawn around the lettering on the sign shall not exceed 16 square feet.
d. Residential structures, patios, and other impervious surfaces are permitted to
encroach into the 20-foot stormwater pond buffer setback.
1. The 25-foot stormwater pond buffer must remain in compliance with city
ordinances
Page 539 of 637
Strikethroughs to be removed
Underlines to be added
Last Updated January 2023
(5) Any standard not specifically described within this section shall remain consistent with
similar zoning districts within the City of Elk River Code of Ordinances.
(c) Development Plans. The PUD shall be developed in accordance with the following plans, as
amended from time to time, on file at city hall.
Plan A – Preliminary Plat of Tall Pines Second Addition as approved by the Elk River City
Council on June 1, 2020, and subject to all conditions of approval.
Plan B – Street and Utility Construction Plans prepared by Bogart Pederson and Associates
and dated July 22, 2020.
Plan C – Stormwater pond construction plans prepared by Bogart Pederson and Associates
and reviewed by the City Council on June 16, 2025.
SECTION 4. 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 16th day of June, 2025.
______________________________
John J. Dietz, Mayor
ATTEST:
_______________________________
Tina Allard, City Clerk
Page 540 of 637
Page 541 of 637
Page 542 of 637
Page 543 of 637
Page 544 of 637
Page 545 of 637
Page 546 of 637
Tall Pines PUD
Ordinance/PUD Update
Page 547 of 637
Page 548 of 637
Background
§The Tall Pines PUD developments were approved
between 2017 and 2020.
§Villa style townhomes on narrower lots and private
road.
§Variances given for lot sizes and setbacks.
§Post construction, staff noted the pond was not operating
designed.
§Pond holding water, but should be dry between rain
events
§Impacts setbacks for two nearby homes.
§Working with developer for a few years to find solution
and get pond to drain.
§Final option is to apply for a PUD amendment to allow
homes within the required setback.
Page 549 of 637
Page 550 of 637
Engineering Updates
§Conversion to a wet pond requires multiple updates to the
pond.
§Replace rate control structures and adjust other
features.
§Changes required to meet state permitting standards.
§These have been included in the recommendation.
Page 551 of 637
Planning Commission
§PC held a public hearing on May 27, 2025
§Applicant spoke and outlined the request
§Multiple residents spoke in support of the change to a
wet pond
§Submitted a petition from the neighborhood showing
support for the change
§PC unanimously recommended approval.
Page 552 of 637
Actions Requested
Adopt ordinance 25-11 updating and codifying the PUD for
Tall Pines PUD, subject to the conditions noted in the
memo.
§Staff added one condition clarifying the setback
encroachment. The first 25-feet around the pond should
be left to grow naturally.
Page 553 of 637
Page 554 of 637