7.5. SR 03-20-1995~`, r ~~ ITEM 7.5 .
(
'ty of ~~ MEMORANDUM
River TO: Mayor & City Council
lk •
FROM: Steven B. Ach, City Planner,~~~
DATE: March 20, 1995
SUBJECT: Request to Vacate Drainage and Utility
Easements by Phoenix Enterprises,
LLC, Public Hearing, Case No. EVE 95-2
Issue
Consider Resolution 95-_ vacating a drainage and utility easement within
Outlot A, Cherryhill Bluffs (proposed plat of Hillside Crossing South).
Attachments
• Resolution 95-
• Location map
• Attachment A
• Attachment B
• Minutes from October 17, 1994, City Council meeting
Background
Last October, the City Council approved an easement vacation request by the
same applicant for a piece of property immediately adjacent to the subject
property. (See Attachment A). At that time, Riverside Development
(applicant) was requesting the easement vacation to accommodate a proposed
office building on what will be platted as Lot 1, Block 1, Hillside Crossing
South. In addition, Riverside Development was also requesting to vacate
drainage and utility easement within a portion of Outlot A, Cherryhill Bluffs.
The City Council denied the later of these two requests in order to protect the
natural ridge along this lot line that separates the residential from the
commercial. However, it was noted that consideration will be given in the
future to vacating portions of this easement as development plans a_re
submitted for that portion of Hillside Crossing South plat.
The Hillside Crossing South plat has not been recorded, however, it will be
following the completion of the vacation of the necessary easements to
accomplish the proposed office building.
13065 Orono Parkway • P.O. Box 490 • Elk River, MN 55330 • (612) 441-7420 • Fax: (612) 441-7425
Phoenix Enterprises/EVE 95-2
March 20, 1995
----------------------
• Analysis
Page 2
As briefly mentioned above, the requested easement vacation is necessary to
accommodate the actual location of the proposed office building. Originally,
the developers thought enough of the existing easements were vacated to
accommodate the anticipated office building. However, after refining the
development plans for the office building, it was discovered the building still
encroaches approximately 20 feet into the existing drainage and utility
easement.
The area to be vacated is approximately 10,000 square feet in size. It is
located within what is currently platted as Outlot A, Cherryhill Bluffs. A
portion of Outlot A has been included in the (unrecorded) approved plat of
Hillside Crossing South. The requested area to be vacated is specifically
located in Lot 1, Block 1, which is the proposed site for the office building.
The request by the applicant to vacate all of Outlot A is obviously much
larger than the area actually needed to be vacated to accommodate the office
building. However, the applicant is requesting all of Outlot A, Cherryhill
Bluffs to be vacated for the ease of description purposes. If the easement
vacation is approved by the City Council, the balance of Outlot A, Cherryhill
Bluffs will either be deeded to the City or retained by the developer. (See
Attachment B). That portion retained by the developer will be made part of
the Hillside Crossing South plat and have a drainage and utility easement
reestablished and recorded on the plat as originally approved.
The platting of this property, coupled with all of the vacation requests and
development plans have created somewhat of a convoluted project. However,
when it is all said and done, a majority of the easement along the natural
ridge line will remain in place until further development activity. The City
will have also obtained, by way of final plat for Hillside Crossing South, a
deed for the regional pond, and the developer will have the appropriate
drainage and utility easements vacated to allow construction this spring of
the office building on Lot 1, Block 1, Hillside Crossing South.
Recommendation
It is recommended the City Council approve Resolution 95- vacating a
portion of drainage and utility easements in Outlot A, Cherryhill Bluffs, with
the following conditions:
Phoenix Enterprises/EVE 95-2 Page 3
March 20, 1995
----------------------
1. That portion of Outlot A, Cherryhill Bluffs not included in the area to
be vacated have a drainage or utility easement reestablished and
recorded on the plat of Hillside Crossing South.
2. Recording the resolution for vacating the requested drainage and
utility easement precede recording of the plat of Hillside Crossing
South.
•
council:Phoenix
•
RESOLUTION 95 -
RESOLUTION FOR THE CITY OF ELK RIVER
A RESOLUTION FOR VACATING DRAINAGE AND UTILITY EASEMENTS
WHEREAS, a majority of the property owners abutting the drainage and utility
easement have requested the City Council in a petition dated
February 21, 1995, to vacate such easement according to law; and,
WHEREAS, a public hearing was held on March 20, 1995, before the City
Council at the Elk River City Hall on such petition after due
published and posted notice had been given as well as personal
notice to affected property owners on March 1 and March 8, 1995,
and all persons interested were given an opportunity to be heard;
and,
WHEREAS, it appears that it will be in the best interest of the City to approve
such petition.
NOW, THEREFORE, BE IT RESOLVED that such petition is hereby granted and
the street, drainage, and utility easement described as follows is
hereby vacated with the following conditions stated below:
• Outlot A, Cher hill Bluffs with the followin conditions:
rY g
1. The recording of this resolution precede the recording of
the plat for Hillside Crossing South.
2. That portion of the drainage and utility easement of Outlot A,
Cherryhill Bluffs not vacated be reestablished and made part
of Hillside Crossing South plat.
Adopted by the Elk River City Council this 20th day of March, 1995.
Henry Duitsman, Mayor
ATTEST:
Sandra Thackeray, City Clerk
•
s: document:resolution:ev95-02
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MnDOT INSTALLED .PIPES
CITY OF ELK, RIVER : '
FUNDED - $490,000.
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DEVELOPM NT INCREASES FLOWS
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FROM:
DATE:
STEPHEN ROHLF, BUILDING
AND ZONING ADMINISTRATOR
MARCH 9, 1995
SUBJECT: RECENT COUNTY BOARD ACTION
REGARDING OUTLETS TO COUNTY
DITCH 10
At their Tuesday, March 7, 1995, meeting, the Sherburne County Board
approved a petition by the City of Elk River to outlet storm drainage into the
County ditch system in two locations.
One outlet is associated with a project that will provide relief from flooding
. problems at the intersection of Main Street and Evans Avenue. A storm
sewer overflow will be constructed from that intersection that will empty into
Branch No. 1 of County Ditch No.10. The approximate location of the storm
sewer line for this project is labeled "A" on the attached map.
The second outlet allows the City to improve drainage from the Barrington
Place/Royal Oaks area. The approximate location of this project is labeled
"B" on the attached map. Drainage from this project will empty into Branch
A of Branch 1, County Ditch No. 10.
County approval of the City's request only allows the City to use the County
ditch system as an outlet for these drainage projects. It is still solely the
City's responsibility to accomplish the projects.
A summary of the conditions the County placed on the City through their
approval is as follows:
a. Citv Maintaince
Typically there is a maintenance fee charged for additional
drainage being allowed to use a County ditch. The County
• reasonably allowed the City's charge for the two outlets in
TTEM 5.1_
MEMORANDUM
PAT KLAERS AND CITY COUNCIL
13065 Orono Parkway • P.O. Box 490 • Elk River, MN 55330 • (612) 441-7420 • Fax: (612) 441-7425
County Ditch #10
Continued .....
Page 2
question, to be the Maintenance of the branches of Ditch No. 10
used for this drainage.
On the west side of Highway169, the drainage will basically
follow the Highway 169 ditch. Anew culvert has been placed
under the Burlington Northern Railroad tracks noted in the
location labeled No. 1 on the attached map. From the railroad
tracks to the river, drainage facilities have been recently
upgraded and staff does not anticipate maintenance being much
of an issue in the future.
Immediately south of Main Street there is a short portion of
open County ditch that will have to be maintained clear of
obstructions. That portion of the County ditch runs across Mr.
Earl Hohlen's property. Staff is working with Mr. Hohlen and
others on obtaining easements to re-route this portion of ditch.
If successful, this branch of County Ditch No. 10 can be
abandoned.
Until then, the County will remain the ditch authority and it
will be the City's responsibility for maintenance as directed by
the County.
On the east side of Highway 169, from the Burlington Northern
railroad tracks north, the County ditch is an open ditch. Again,
it will be the City's responsibility to keep this portion of open
ditch clear of obstructions.
The culvert under the Burlington Northern railroad tracks for
this branch (noted in location No. 2 on the attached map), will
need to be enlarged when further development happens north of
this area and drainage warrants. Enlarging this culvert will be
the City's responsibility.
From the Burlington Northern tracks south to the river, the
drainage facilities have been recently upgraded and staff does
not anticipate major maintenance issues.
Again, the County will remain .the ditch authority and
determine what maintenance is needed. It will be the City's
responsibility to accomplish that maintenance.
•
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County Ditch #10 Page 3
Continued .....
• b. Status Quo of Current Drainage
It is the City's responsibility to monitor and adjust drainage to
ensure additional ponding or other drainage problems do not
occur on the properties that the county ditch runs through.
c. Permits
It is the City's responsibility to obtain all permits necessary to
do repair and maintenance on the branches of the County ditch
involved.
d. Leal Action
It is the City's responsibility to legally defend against all
challenges which may arise from the County's decision to allow
the City to use the County ditch system as outlets.
Summary
The above listed conditions placed on the City by the County's approval, is a
• summary. If the Council wishes a copy of the resolution passed by the
County, staff can make that available to them.
The County's approval of the City's request to outlet to the County ditch,
opens the way for the City to accomplish two very important drainage
projects. It is still up to the City to accomplish these projects. However, this
process is a significant step forward in working with the County to make the
transition from County control to City control of the County ditch system
within the City limits.
•
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City Council Minutes
October 17, 1994
--------------------------------
7.2.
7.3
7.4.
Page 8
Consider an Administrative Subdivision Reauest by Jake Jacobson, Public
Hearing, Case No. AS 94-17
City Planner Steve Ach indicated that Jake Jacobson has requested an
administrative subdivision to divide a 10 acre parcel into a 4.7 acre parcel, a 2.8
acre parcel and a 2.5 acre parcel. The property is located on Lot 4, Block 4, Oak
Meadows Addition. Steve Ach indicated that although this subdivision is within
the subdivision moratorium zone, the applicont has recently gone through an
ordinance amendment exempting this property from the subdivision moratorium.
Mayor Duitsman opened the public hearing.
Mike Miller questioned how the sale of Mr. Jacobson's property would affect his
property value. Councilmember Holmgren indicated that the sale should have
very little, if any, effect on his property.
There being no further comments, Mayor Duitsman closed the public hearing.
COUNCILMEMBER DIETZ MOVED TO APPROVE 7HE ADMINISTRATIVE SUBDIVISION
REQUEST BY JAKE JACOBSON TO DIVIDE A 10 ACRE PARCEL INTO ONE 4.8 ACRE
PARCEL -PARCEL A, A 2.8 ACRE PARCEL -PARCEL B, AND A 2.5 ACRE PARCEL -
PARCEL C, WITH THE FOLLOWING CONDITIONS:
1. PARK DEDICATION IN THE AMOUNT OF $900 BE PAID PRIOR TO RECORDING
THE ADMINISTRATIVE SUBDIVISION.
2. STORM WATER IMPACT FEE IN THE AMOUNT OF $120 BE PAID PRIOR TO
RECORDING THE ADMINISTRATIVE SUBDIVISION.
3. A TREE PRESERVATION PLAN BE SUBMITTED FOR PARCEL B IF A HOME IS
CONSTRUCTED WITHIN THE WOODED AREA.
4. THE LOCATION OF A DRIVEWAY FOR PARCEL B MUST BE LOCATED ON AN
UPLAND AREA AWAY FROM THE WETLAND.
5. A CULVERT BE REQUIRED UNDER THE DRIVEWAY FOR PARCEL B AND PARCEL
C 70 KEEP THE EXISTING DRAINAGE PATTERNS FUNCTIONING PROPERLY.
COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0.
Consider an Easement Vacation Reauest by Riverside Development, Public
Hearina, Case No. EV 94-2
Request to vacate a 30 foot drainage and utility easement along the southeast
property line of Oak park Plaza. Staff recommends approval of vacating a
portion of the 30' easement.
Consider an Easement Vacation Reauest by Riverside Development, Public
Hearina, Case No. EV 94-4
Request to vacate a drainage and utility easement on a portion of Outlot
Cherryhill Bluffs Addition. Staff recommends denial because the easement
". ;~
City Council Minutes Page 9
October 17, 1994
--------------------------------
presently protects a ridge line from development activity, and, the easement is
needed for storm water ponding, storm sewer improvements and mitigation area.
7.5. Consider a Land Use Amendment Reauest by Riverside Development. Public
Hearing, Case No. LUA 94-7
Request for a comprehensive land use plan amendment changing the land use
from MR (Medium Density Residential) to HB (Highway Business) for a strip of
property approximately one hundred feet in width along the southeast border of
Oak Parc Plaza. The Planning Commission and Staff recommend approval of the
request.
7.6. Consider a Zone Change Reauest by Riverside Development Public hearing
Case No. 94-11
Request for a zone change from R 1 c (Single Famiiy Residential) and PUD (Planned
Unit Development) to C3 (Highway Commercial) for a strip of property
approximately one hundred feet in width along the southeast border of Oak Parc
Plaza. Planning Commission and Staff recommend approval of the request.
7.7. Consider Preliminary Plat Reauest by Riverside Development, Public Hearing, Case
No. P 94-1 1
• Request for a preliminary plat to plat approximately seventeen (17) acres into
one commercial lot and two outlots. Planning Commission and Staft recommend
approval of the request.
________________ Council discussion and action on Items 7.3 - 7.7=====________
City Planner Steve Ach presented the staff reports on each of the above items 7.3
- 7.7.
Mayor Duitsman opened the public hearings for items 7.3. through 7.7.
Jeff Gongoll representing Riverside Development reviewed aerial photos of the
site. He indicated that it is the developer's intention to make the area
environmentally pleasing and to follow the business park zoning guidelines. Mr.
Gongoll spoke specifically to the developer's request to vacate the drainage
and utility easement on Outlot A of Cherryhill Bluff's Addition. He stated that
delaying the vacation of the easements would be burdensome as far as
developing legal descriptions.
Planning Commission Representative Dan Tveite indicated that the Planning
Commission recommended that the easements not be vacated at this time
because the ridge line creates a natural barrier between the commercial and
residential property.
There being no further comments from the public, Mayor Duitsman closed the
public hearing.
I • ~~
City Council Minutes Page 10
October 17, 1994
--------------------------------
• 7.3. COUNCILMEMBER HOLMGREN MOVED TO ADOPT RESOLUTION 94-107, A
RESOLUTION FOR VACATING DRAINAGE AND UTILITY EASEMENT. COUNCILMEMBER
SCHEEL SECONDED THE MOTION. THE MOTION CARRIED 5-0.
7.4. COUNCILMEMBER DIETZ MOVED TO DENY THE REQUEST TO VACATE THE DRAINAGE
AND UTILITY EASEMENT ON OUTLOT A CHERRYHILL BLUFFS ADDITIO_ N._
EMBER SCH TION. THE MOTION CARRIED 5-0.
7.5. COUNCILMEMBER FARBER MOVED TO ADOPT RESOLUTION 94-108, A RESOLUTION
AMENDING THE COMPREHENSIVE PLAN TO CHANGE THE LAND USE FROM MR
(MEDIUM DENSITY RESIDENTIAL) TO HB (HIGHWAY BUSINESS) LUA 94-7.
COUNCiLMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0.
7.6. COUNCILMEMBER HOLMGREN MOVED TO ADOPT ORDINANCE 94-15, AN
ORDINANCE AMENDING THE CITY OF ELK RIVER ZONING MAP TO ZONE CERTAIN
PROPERTY FROM R1 C (SINGLE FAMILY RESIDENTIAL) AND PUD (PLANNED UNIT
DEVELOPMENT) TO C3 (HIGHWAY COMMERCIAL) ZC 94-11. COUNCILMEMBER
FARBER SECONDED THE MOTION. THE MOTION CARRIED 5-0.
7.7. COUNCILMEMBER FARBER MOVED TO APPROVE THE PRELIMINARY PLAT REQUEST BY
RIVERSIDE DEVELOPMENT TO SUBDIVIDE 17 ACRES INTO ONE COMMERCIAL LOT AND
TWO OUTLOTS WITH THE CONDITIONS AS SET FORTH IN THE STAFF REPORT, WITH THE
FOLLOWING RECOMMENDATIONS:
• 1. THE PLANNING COMMISSION AND CITY COUNCIL APPROVE THE LAND USE
PLAN AMENDMENT AND REZONING REQUEST ADJUSTING THE COMMERCIAL
BOUNDARY IN A SOUTHEASTERLY DIRECTION TO COINCIDE WITH THE
PROPOSED PLAT.
2. OUTLOT A BE DEEDED TO THE CITY UPON FILING THE PLAT WITH SHERBURNE
COUNTY, WITH THE CITY HOLDING THE DEED UNTIL THE MITIGATION IS
COMPLETED.
3. PAYMENT OF PARK DEDICATION IN THE AMOUNT AS REQUIRED BY C17Y
ORDINANCE AT THE TIME OF FINAL PLAT APPROVAL.
4. NO GRADING IS TO OCCUR WITHIN THE WOODED AREA OF OUTLOT B,
UNLESS DIRECTLY ASSOCIATED WITH THE DEVELOPMENT OF LOT 1, BLOCK 1,
HILLSIDE CROSSING SOUTH.
5. APPROPRIATE DRAINAGE AND UTILITY EASEMENTS BE INCLUDED ON THE PLAT
AS REQUESTED BY ELK RIVER UTILITIES.
6. THE PLAT BE CORRECTED TO ELIMINATE THE NAME EVANS STREET AND
REDUCE THE DRAINAGE AND UTILITY EASEMENTS FROM SIXTY (60) TO FIFTY
(50) FEET IN WIDTH.
7. AT THE TIME OF REPLATTiNG OUTLOT B, A CONCEPT PLAN ILLUSTRATING THE
LOCATION OF OFFICE BUILDINGS SHALL BE SUBMITTED AND USED TO
• DETERMINE THE APPROPRIATE AREA OF THE NATURAL BUFFER TO BE
PROTECTED. A CONSERVATION EASEMENT OR OTHER INSTRUMENT SHOULD
THEN BE APPLIED TO ASSURE PROTECTION OF THIS AREA.
•
City Council Minufes
October 17, 1994
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Page 11
8. A CROSS ACCESS/CROSS PARKING AGREEMENT BE PREPARED AND
EXECUTED PROVIDING ACCESS TO LOT 1, BLOCK 1, AND OTHER PORTIONS
OF THE PLATTED AREA.
9. COMMENTS FROM TERRY MAURER'S MEMO DATED SEPTEMBER 22, 1994, BE
INCORPORATED INTO THE FINAL PLAT.
10. DEVELOPERS SHALL IMPLEMENT IMMEDIATELY TREE PROTECTION MEASURES
FOR THOSE AREAS THAT WERE DISTURBED WITH EARLIER GRADING OF THE
SITE.
11. APPROPRIATE STREET LIGHTING SHALL BE PROVIDED ALONG THE ACCESS
DRIVE TO LOT 1, BLOCK 1.
12. IF IT IS DETERMINED THAT A DEVELOPERS AGREEMENT NEEDS TO BE
PREPARED, THIS DOCUMENT SHALL BE SIGNED AND RECORDED ALONG WITH
THE PLAT
13. STORM DRAINAGE FEE IN THE AMOUNT OF $720 PER ACRE BE PAID PRIOR TO
RECORDING THE FINAL PLAT.
14. WATER AVAILABILITY CHARGE OF $300 BE PAID PRIOR TO RECORDING THE
HNAL PLAT.
•
15. PRIOR TO CONNECTING LOT 1, BLOCK 1 TO C17Y SEWER AND WATER, THE
APPLICANT OBTAIN A PERMIT FROM MPCA.
16. THE DRAINAGE AND UTILITY EASEMENTS ALONG THE RIDGE LINE BE
MAINTAINED.
COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 5-0.
7.9. Consider a Rezoning Reauest by the City of Elk River, Public Hearing, Case No. ZC
94-10
City Planner Steve Ach indicated that the City is requesting to rezone
approximately 150 acres from PUD (Planned Unit Development) and C2 (Office
District) to BP (Business Park). He explained that on September 19, the City
Council continued discussion of this item to allow Country Ridge Partnership an
opportunity to submit a plan to the City illustrating how they would like their
property developed. He indicated that their property is included in the City's
proposed rezoning to BP. Mr. Ach indicated that Country Ridge Partnership has
submitted a plan showing their preference in zoning the property with 13 acres
along Highway 10 zoned as C-3 (Highway Commercial) and the remaining. 15
acres zoned as Business Park. Steve Ach indicated that following review of the
plan, staff is recommending that the entire area be rezoned to business park.
Mayor Duitsman opened the public hearing.
Jay Johnson of Country Ridge Partnership, indicated that Country Ridge
Partnership prefers that a portion of their property be zoned C-3. He indicated
MAR 1 7 1945
•
March 15, 1995
Steve Ach
City Planner
City of Elk River
13065 Orono Rd
Elk River, MN 55330
Dear Steve Ach,
We have recently received a notice of public hearing in
reference to a drainage easement on Outlot A CherryHill Bluffs,
which we will not be able to attend. We presently live at .19282
Dodge Street NW, which is directly to the east of this easement.
•
.Our neighbors and ourselves are very concerned that if this
easement is vacated, the developer will be able to clear cut the
trees that are between our property and the office buildings they
plan to build to the west of us. If the trees are cut down, this
would be a tragedy to the natural setting around us and the
property values of our homes would drop significantly.
When we bought this property we were told by the developer
that they were proposing to build office buildings in that area and
that we would not have to worry about the trees behind our house
because he wanted to keep them also.
It is our hope that the City will work with us to maintain a
swath of trees between the back of our property and the area they
would clear of trees so we do not see the office buildings .behind
us.
If you have any questions, please let us know. ~yl-c~~~~i
o~
~y~` ~~~y
Sincerely,
:.!
•