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6.4. SR 01-22-2002River 13065 0r0n0 Par~ay Elk River, MN 55330 TO: FROM: DATE: S U BJ ECT: MEMORANDUM Mayor and City Council Chris Leeseberg, Planner~-~i- January 22, 2002 Case No. P 01-13 Request by Dynamic's Design and Land Company for Preliminary Plat Approval - Park Pointe Item # 6.4 Request The applicant, Dynamic's Design and Land Company, requests that the City Council consider their request for a preliminary plat of Park Pointe. Attachments · Location map · December 17th, 2001 City Council Memorandum · December 17th, 2001 City Council Minutes · Preliminary plat Location NW corner of 175th Ave & Filmore Street Zoning/Land Use Rle (Single Family Residential) / MR (Medium Density Residential) Overview At the December 17th, 2001 City Council meeting the Council approved the Land Use Plan Amendment request to include the property in the Urban Service District prior to 2007. The Council also moved to table the request for Preliminary Plat of Park Pointe until the January 22"a, 2002 meeting so that the applicant could amend the park dedication requirements of the plat and the Park and Recreation Commission could review it. Phone: 763.441.7420 Fax: 763.441.7425 www. ci.elk-river, mn.us Memo to Mayor and City Council/P01-13 January 22nd, 2002 Page 2 Park Dedication The Park and Recreation Commission voted unanimously to recommend that a total of 5.51- acres be accepted as park dedication, which is to include a 1.15-acre parcel (Outlot G) for a neighborhood park with space for a playground structure. The Commission also recommended that Outlot E provide a connection between the two existing parks, along the water's edge, if/when it becomes sub-divided. Recommendation The Planning Commission and staff recommend that the City Council approve the preliminary plat of Park Pointe with the following conditions: 1. ALL COMMENTS OF THE CITY ENGINEER SHALL BE ADDRESSED. 2. SIDEWALKS SHALL BE CONSTRUCTED ALONG EACH OF THE STREETS. 3. STREET LIGHTS SHALL BE INSTALLED AS REQUIRED BY ELK RIVER MUNICIPAL UTILITIES. 4. A SEALCOAT FEE SHALL BE PAID PRIOR TO RELEASING THE PLAT FOR RECORDING. e A LETTER OF CREDIT IN THE AMOUNT OF 100% OF THE COST OF THE IMPROVEMENTS SHALL BE SUBMITTED PRIOR TO RELEASING THE PLAT FOR RECORDING. 6. THE APPLICANT SHALL EXECUTE A DEVELOPER'S AGREEMENT OUTLINING THE TERMS AND CONDITIONS OF APPROVAL. 7. THE APPLICANT SHALL PAY $300 PER UNIT TO ELK RIVER MUNICIPAL UTILITIES FOR WATER AVAILABILITY CHARGES. e THE DEVELOPER WILL BE RESPONSIBLE FOR PROVIDING THE FINAL GRADE FOR THE PARK AND ESTABLISHING VEGETATIVE COVER. 9. THE DEVELOPER SHALL BE RESPONSIBLE FOR MARKING PARK BOUNDARIES WITH THE CITY'S PARK BOUNDARY SIGNS. 10. THE PARK SURVEY INFORMATION SHALL BE PROVIDED IN THE REQUIRED ELECTRONIC FORMAT. 11. UPON COMPLETING ALL OF THE IMPROVEMENTS AND HAVING THEM ACCEPTED BY THE CITY, A WARRANTY BOND IN THE AMOUNT OF 25% OF THE IMPROVEMENT COSTS SHALL BE SUBMITTED TO THE CITY FOR THE PERIOD OF ONE YEAR. S:\PLANNING\Case FileskP 01-13 ParkPointekP01-13CC_I-22-02.DOC Memo to Mayor and City Council/P01-13 January 22"d, 2002 Page 3 12. 13. 14. 15. 16. 17. 18. 19. 20. SURFACE WATER MANAGEMENT FEE IN THE AMOUNT REQUIRED BY THE CITY AT THE TIME OF FINAL PLAT BE PAID PRIOR TO RELEASING THE PLAT FOR RECORDING. A GRADING AND EROSION CONTROL PLAN BE APPROVED BY THE CITY ENGINEER PRIOR TO THE ISSUANCE OF BUILDING PERMITS. A DEVELOPMENT PLAN BE APPROVED BY THE CITY ENGINEER PRIOR TO THE ISSUANCE OF BUILDING PERMITS. ALL GRADING BE CERTIFIED PRIOR TO THE ISSUANCE OF BUILDING PERMITS. A TREE PRESERVATION PLAN BE APPROVED PRIOR TO RELEASING THE PLAT FOR RECORDING. ANY TREES OFF SITE OR ON SITE, NEAR THE LIMIT OF GRADING THAT ARE TO BE PRESERVED, SHALL BE FENCED WITH A SNOW FENCE AT THE DRIP LINE TO PREVENT GRADING, COMPACTION, OR STORAGE OF EQUIPMENT, DEBRIS OR MATERIALS. STAFF SHALL INSPECT FENCING PRIOR TO GRADING COMMENCING. A TRAIL CONNECTION BE PROVIDED FROM 176TM CT. TO OUTLOT A. THE PARK AND RECREATION COMMISSION WILL REQUIRE FOR PARK DEDICATION PURPOSES, DEDICATION OF LAND FROM THE REPLAT OF OUTLOT E EQUAL TO 10 PERCENT OF THE LAND AREA. SUCH DEDICATION WILL BE ADJACENT TO THE WATER'S EDGE LINKING THE PARCELS GIVEN FROM PARK POINTE. PARK DEDICATION SHALL BE MET BY DEEDING OUTLOTS A & G TO THE CITY FOR PARK PURPOSES. S:\PLANNING\Case Files\P 01-13 ParkPointe\P01-13CC 1-22-02.DOC II. II H)LLS~Dr OilY PARK Case Number: Location Map P01-13 N Il Case Number: Location Map P01-13 N ORDINANCE 00- 07 CITY OF ELK RIVER AN ORDINAzNCE OF TYIE CITY OF ELK RIVER AMENDING SECTION 1008.18 OF TI-~ CITY CODE OF ORDINANCES CASE NO. OA 00-1 The City Council of the City of Elk River does hereby ordain as follows: Section 1. Section 1008.18 of the City of Elk River Code of Ordinances shall be amended to read as follows: In every plat, replat or subdivision of land Zo be developed for residential, commercial, or industrial uses, or as a planned unit development which includes such uses or any combination thereof, ~t is reasonable to recruire that an amount of land equal in value to ten percent /10%) of the undeveloped land proposed zo be~ ~ubdivided shall be set aside and dedicated-by 2he track owner or owners to the City for parks, playgrounds, trails, or public open space. If the City Council, in its sole discretion, determines that the land proposed to be dedicated is unsuitable for parks, then the tract owner or owners shall contribute to the City, in lieu of park land dedication, an amount of cash not to exceed the fair market value of the undeveloped land required to be dedicated, as the City Council shall determine by resolution from time to time. Previously platted Kesidential Property on which park dedication has not been received by the City, being replatted with the same number of lots and the same number of dwelling unit~, shall be exempt from all park land dedication requirements. If the number of lots or the number of dwelling units is increased, then park dedication shall be made based on the number of additional lots or the number of additional dwelling units. · Prior platted Commercial and Industrial land on which park dedication has not been received by the City, being rep!aired with the same land area, shall be exempt from all park dedication requirements, if land area is being added to a previously recorded plat, then additional park dedication requirements shall be based on the additional land being added. Any monies paid to the .City in lieu of park dedication shall be placed in a special fund and used only for the acquisition of land for parks, playgrounds, trails, public open space; for the development of such areas and sizes; and for debt retirement in connection with land previously acquired or developed for such public purposes. ~my monies specifically paid to the City for trails shall be used only for the ac_cruisition of land for trails and for the development of such !and. For purposes of this Ordinance, ~fair market value of the undeveloped land~ is defined as the fair market value of the land within such plat, replat, or subdivision as of the date the plat, reDlat, or subdivision is presented to the City Council for approval of the final plat, as determined by the City Assessor in the same manner as he determines the fair market value of land for tax purposes. In addition, in every plat, rep!at, or subdivision of land, the land required for public streets, regional storm water holding ponds and wetlands shall be set aside and dedicated on the plat by the owners to the City for these purposes. These areas will not be credited towards park dedication requirements. The suitability of land proposed to be dedicated for park and recreational purposes shall be determined by reference to the following criteria: a) reasonably located and suited for its intended use. b) shall have frontage on public or private roads as determined by the City. c) size, shape, topography, geology, hydrology, tree cover, access, location. d) consistency with the goals and objectives of the Master Park and Recreation Plan. As part of the subdivision or plat approval, the tract owner or owners shall be responsible for making certain improvements to land dedicated for park, trail and public open space purposes including, but not limited to, finish grading, ground cover, construction of trails and clearly identifying park and trail boundaries with City approved markers. 10. Park dedication credit shall not be granted for the construction of recreational facilities unless specifically approved by the City Council. The submission for review by staff and the Park and Recreation Commission shall include an estimate of installation costs, equipment specifications and a site plan. The Park and Recreation Commission shall review such improvements for appropriateness with the Park and Trail Master Plan. !!. As part of the application procedure at the time of preliminary plat, the tract owner or owners are encouraged to confer with City staff and the Park and Recreation Commission to secure a recommendation as to the location of any property that should be dedicated to the public for park and recreation purposes. 12. AS part of any?ark dedication of land, a survey at a scale of ! inch = 50 feet shall be provided with topographic data, based on City datum, including contours at vertical inte-~vals of at least (2) feet, wa~er courses, wetland, marshes, rock outcrops, easements, utilities and vegetative River 13065 Or0n0 Parkway Elk River, MN 55330 TO: FROM: DATE: SUBJECT: Item# ~;-3 g 6.4. MEMORANDUM Mayor and City Council /~J .-- Scott Harlicker, Senior Planner~ December 17, 2001 I. Case No. LU01-10 Request by Dynamic's Design and Land Company to Add Land to the Urban Service District prior to 2007 2. Case No. P 01-13 Request by Dynamic's Design and Land Company for Preliminary Plat Approval- Park Pointe Request The applicant, Dynamic's Design and Land Company, requests that the City Council consider their requests for the following: 1. A land use amendment to bring a 79 acre parcel into the Urban Service District prior to 2007 and, 2. A preliminary plat of Park Pointe Attachments · Location map · Preliminary plat · Preliminary grading plan · Preliminary landscape plan · City Ordinance regarding park dedication requirements · Memo from the City Attorney · Petition for improvements Location NW corner of 175th Ave & Filmore Street Phone: 763.441.7420 Fax: 763.441.7425 www. ci.elk-river, mn.us Memo to Mayor and City Council/P01-13 December 17, 2001 Page 2 Zoning/Land Use Rle (Single Family Residential) / MR (Medium Density Residential) Overview Existing Conditions The subject property is 79 acres and has rolling wooded topography covering most of the site with the exception of the southeast corner. The entire western edge includes a portion of Kliever's Marsh and a 50-foot wide utility easement traverses the property from east to west along the north property line. The property includes 2,620 feet of frontage on 175th avenue and 1,312 feet on frontage on Filmore Street. The 40 acre parcel to the north recently received preliminary plat approval to be platted as Eagles Marsh, a 39 lot single family development serviced by municipal sewer and water. There are also two 20 acre parcels north of the project. One is undeveloped and the other is a single family residence. The single family residences on the east side of Filmore Street are zoned Rla (Single Family Residential 2 ~ minimum lot size) and are not within the Urban Service District. The property on the south side of 175~ Avenue is owned by Cargill, zoned AR (Agricultural Research) and is also not within the Urban Service District. Kliever's Marsh is considered a Natural Environment Lake by the Department of Natural Resources; therefore, the Shoreland Ordinance will provide additional lot restrictions above those required by the underlying zoning of Rle (Single Family Residential 12,000 square foot minimum lot size). Analysis Land Use Amendment The property is currently in the Urban Service District but is not scheduled to receive municipal sewer and water until 2007, unless requested by the property owner. The applicant is requesting that this parcel receive urban services prior to the 2007 date indicated on the utility plan in the City's Comprehensive Plan. The developer is proposing to extend sewer n w th · a d ater east along 175 Avenue from Twin Lakes Road to the proposed plat. During its decision-making process for establishing the 2007 date, it was the Council's intent that utilities and assessments would not be forced into the eastern area, but that a property owner wishing to request services could petition the City for such services. Staff has no objection to extending services to this area prior to the 2007 date. The applicant has also submitted a Petition for Improvements to extend municipal sewer and water to the plat. S:\PLANNING\SCOTTkP0 i- 13 CC.DOC Memo to Mayor and City Council/P01-13 December 17, 2001 Page 3 Preliminary Plat Overview The preliminary plat is comprised of 97 lots, an exception and 8 outlots on 64.13 developable acres. The outlots include cul de sac islands and median islands at the entrances to the plat and shoreline along Kliever's Marsh. There is also a 5.6 acre parcel (Outlot E) that will likely be replatted in the future as a residential lot. The plat is comprised of 4 cul-de- sac streets and 3 through streets. There is an existing single family residence on the property that will remain on one of the newly platted lots. Analysis Lots As stated earlier, Kliever's Marsh is classified as a Natural Environment Lake. Therefore, the Department of Natural Resources and the City of Elk River's Shoreland Ordinance provides additional restrictions for plats adjacent to shoreland areas. The underlying zoning district of Rle, Single Family, allows a minimum lot area of 12,000 square feet, with a minimum lot width of 80 feet. The Shoreland Ordinance requires lots adjacent to Natural Environment Lakes to be 40,000 square feet in area if they are riparian lots (lots adjacent to the water), or 20,000 square feet in area for non-riparian lots (lots not directly adjacent to the water). The minimum lot width for these lots must be 125 feet at the front setback. These standards apply to all lots within 1,000 feet of a Natural Environment Lake's ordinary high water level. The lots in the plat range in size from 12,025 square feet to 138,952 square feet. Access As described earlier, the preliminary plat will include 3 through streets. Ivanhoe Street, the only access to and from 175th Ave on the south side of the property and 176th Lane, which runs parallel to the north edge of the property, connects with Filmore Street to the east. 175th Lane and Grant Street are internal streets that connect Ivanhoe Street with 176~h Lane. 176th Court will connect to the Eagles Marsh development located north of the property. Grading, Drainage and Utilities The City Engineer will address grading, drainage and utilities in his memo. He will brinf copies of his memo to Monday's meeting. Landscaping The developer has submitted a landscape plan, which complies with the ordinance requirement for one street tree and one yard tree per lot with two of each on corner lots. Park Dedication S:\PLANNING\SCOTTkP0 I- 13CC.DOC Memo to Mayor and City Council/P01-13 December 17, 2001 Page 4 The Park and Recreation Commission recommended that 10% of the gross area (including Kliever's Marsh) or approximately 7.4 acres of land be dedicated to meet the park dedication requirements. The City Attorney has indicated that the area of Kliever's Marsh can not be included when calculating the requirements for park dedication. The plat shows approximately 5.51 acres of land along the east shore of Kliever's Marsh dedicated as park. The total area of the plat, excluding Kliever's Marsh and Outlot E, is 63.73 acres. In order to meet the 10% of the gross area (excluding Kliever's Marsh and Outlot E) an additional.863 acres 07,592 square feet) is needed. The Park and Recreation Commission preferred that the additional land abut the proposed 5.51 acres in order to provide area for a neighborhood park. For instance, Lot 5, Block 3 could be eliminated and incorporated into Outlot A as parkland. A trail connection should also be provided between 176 TM Ct. and Outlot A. If the Council feels that the park as proposed is adequate, the additional. 863 acres will be provided for in a cash dedication. The area shown as Outlot E has been excluded from the park dedication calculations. Park dedication for Outlot E will be obtained when this outlot is platted as a lot. Planning Commission Meeting At the Planning Commission meeting held on December 4th two residents spoke at the public hearing. Gordon Miers, property owner on the east side of Filmore Street, asked if this development would affect his conditional use permit to park a semi tracker and trailer on his property. It was explained that this project would not affect his conditional use permit. Bruce Goetz, resident on one of the 20 acre parcels directly north of this project, asked if he would be forced to connect to sewer and water and if a street would be built through his property. He was told that he would not have to hook up to sewer and water or be assessed for it prior to 2007 and that no street would be constructed through his property. The street will be buik to his property line and he would be able to connect to it if he decides to develop his property. The Commission had a lengthy discussion regarding the proposed amendment to the land use plan. They discussed the timing of extending sewer and water and the rate of growth in the area. The Commission recommended approval of the land use plan amendment and the preliminary plat with a 3:2 vote. The two Commissioners voting to deny the requests felt that extending utilities to this area prior to 2007 would promote growth and there were enough platted residential lots for the next several years. Recommendation The Planning Commission and staff recommend that the City Council approve Resolution No. -01 amending the Land Use Plan to provide sewer and water to this property prior to 2007 with the following findings: THE PARCEL IS CURRENTLY IDENTIFIED IN THE COMPREHENSIVE PLAN AS MEDIUM DENSITY RESIDENTIAL AND WITHIN THE URBAN SERVICE DISTRICT; S:\PLANNING\SCOTTkP01-13CC.DOC Memo to Mayor and City Council/P01-13 December 17, 2001 Page 5 2. THE DEVELOPER WILL BE ABLE TO EXTEND UTILITIES EAST FROM TWIN LAKES ROAD ALONG 175TM AVENEUE TO THE PROPERTY; 3. THERE IS NO FINANCIAL IMPACT TO THE CITY OF ELK RIVER FOR THE EXTENSION OF URBAN SERVICES TO THIS PARCEL; 4. THE PARCEL CAN BE SERVICED WITHOUT IMPACT TO OTHER PARCELS WITHIN THIS AREA OF THE URBAN SERVICE DISTRICT. The Planning Commission and staff recommend that the City Council approve the preliminary plat of Park Pointe with the following conditions: 1. ALL COMMENTS OF THE CITY ENGINEER SHALL BE ADDRESSED. 2. SIDEWALKS SHALL BE CONSTRUCTED ALONG EACH OF THE STREETS. 3. STREET LIGHTS SHALL BE INSTALLED AS REQUIRED BY ELK RIVER MUNICIPAL UTILITIES. 4. A SEALCOAT FEE SHALL BE PAID PRIOR TO RELEASING THE PLAT FOR RECORDING. A LETTER OF CREDIT IN THE AMOUNT OF 100% OF THE COST OF THE IMPROVEMENTS SHALL BE SUBMITTED PRIOR TO RELEASING THE PLAT FOR RECORDING. 6. THE APPLICANT SHALL EXECUTE A DEVELOPER'S AGREEMENT OUTLINING THE TERMS AND CONDITIONS OF APPROVAL. 7. THE APPLICANT SHALL PAY $300 PER UNIT TO ELK RIVER MUNICIPAL UTILITIES FOR WATER AVAILABILITY CHARGES. THE DEVELOPER WILL BE RESPONSIBLE FOR PROVIDING THE FINAL GRADE FOR THE PARK AND ESTABLISHING VEGETATIVE COVER. 9. THE DEVELOPER SHALL BE RESPONSIBLE FOR MARKING PARK BOUNDARIES WITH THE CITY'S PARK BOUNDARY SIGNS. 10. THE PARK SURVEY INFORMATION SHALL BE PROVIDED IN THE REQUIRED ELECTRONIC FORMAT. 11. UPON COMPLETING ALL OF THE IMPROVEMENTS AND HAVING THEM ACCEPTED BY THE CITY, A WARRANTY BOND IN THE S:\PLANNING\SCOTTkP01-13CC.DOC Memo to Mayor and City Council/P01-13 December 17, 2001 Page 6 AMOUNT OF 25% OF THE IMPROVEMENT COSTS SHALL BE SUBMITTED TO THE CITY FOR THE PERIOD OF ONE YEAR. 12. SURFACE WATER MANAGEMENT FEE IN THE AMOUNT REQUIRED BY THE CITY AT THE TIME OF FINAL PLAT BE PAID PRIOR TO RELEASING THE PLAT FOR RECORDING. 13. A GRADING AND EROSION CONTROL PLAN BE APPROVED BY THE CITY ENGINEER PRIOR TO THE ISSUANCE OF BUILDING PERMITS. 14. A DEVELOPMENT PLAN BE APPROVED BY THE CITY ENGINEER PRIOR TO THE ISSUANCE OF BUILDING PERMITS. 15. ALL GRADING BE CERTIFIED PRIOR TO THE ISSUANCE OF BUILDING PERMITS. 16. A TREE PRESERVATION PLAN BE APPROVED PRIOR TO RELEASING THE PLAT FOR RECORDING. 17. ANY TREES OFF SITE OR ON SITE, NEAR THE LIMIT OF GRADING THAT ARE TO BE PRESERVED, SHALL BE FENCED WITH A SNOW FENCE AT THE DRIP LINE TO PREVENT GRADING, COMPACTION, OR STORAGE OF EQUIPMENT, DEBRIS OR MATERIALS. STAFF SHALL INSPECT FENCING PRIOR TO GRADING COMMENCING. 18. A TRAIL CONNECTION BE PROVIDED FROM 176TM CT. TO OUTLOT A. S:\PLANNING\SCOTTXP01-13 CC.DOC 3400 CITY cENTER 33 SOUTH SIXTH STKEET MINNEAPOLIS, MN 55402-3796 612 343-2800 FAX: 612 333-0066 WEB SITE: www.gprnl aw.corn CONSULTING OFFICE, BEIJING CIillNA TO: FROM: RE: DATE: MEMORANDUM Michele McPherson Peter K. Beck, Charles D. Wilson Park Dedication Requirements for the Park Point Subdivision December 13, 2001 This memorandum is in response to your request for our opinion regarding the appropriateness of including the lake surface area when calculating the total area of the Park Point Subdivision for park dedication purposes. The reasonableness of a mUnicipal requirement for the dedication of land is analyzed in light of the need created for the land required to be dedicated. The city must show a relationship between the development and the city's need for land dedication. To meet this burden the city must show an essential nexus between a legitimate state interest and the condition exacted. (see Kottschade v. City of Rochester, 537 N.W.2d 301 (Minn. Ct. App. 1995; citing Dolan v. City of Tigard, 512 U.S. 374, (1994)) Once the city has demonstrated that a nexus exists, the city must then demonstrate a rough proportionality between the development and the dedication requirement. Kottschade at 308. It is clear that there is an essential nexus between residential development and the need for park land, so park dedication requirements are lawful. The Minnesota Supreme Court has found that a 10% park dedication requirement is reasonable (see Collis V. City of Bloomin~on, 246 N.W.2d 19 (Minn. 1976), and this is the standard which Elk river has adopted. This standard is based on the finding that a certain amount of development will cause a corresponding need for park resources, as a percentage of the lm~d developed. Including the publicly owned lake surface within the "undeveloped land to be subdivided" for the purposes 'of calculating the park dedication requirement raises a number of concerns. First, we are not sure it is consistent with the subdivision ordinance, which speaks of the "undeveloped land". More importantly, we are not sure that including the lake surface in this calculation, while excluding it when calculating density, is consistent with the constitutional "rough proportionality" test. If the presence of the lake within the subdivision diminishes the number of units allowed in the subdivision, it would, presmnably, also diminish the need for park resources created by the subdivision. It could also be seen as imposing a double burden on the subdivider. For these reasons, we would recommend against including the lake surface. If you have any questions regarding this analysis, please do not hesitate to contact either of US. GP:850441 v2 05:~2 PM DYNAMICS DESIGN and LAND 6124418604 P.01 DATE: TO: December 3, 2001 Honorable Mmyor Klinzing Elk River City Council Jim Brown, Dynamics Design & Land Company FROM: I-;E: "PetitlonforServ!cesfor',he~roposedPlat"~ark~oln~e" CC: Michelb McPherson, Director of Planning Terry Mauer, Engineer On behalf of Cascade I Land Company, thts petition is to request that the extension of sewer and water services be included in the City of Elk River's construction specifications for the street improvements pianned for 175~ Avenue. Cascade I Land Company is also petitioning that the extension of those same services into the proposed plat "Park Polnte" be included as part of the 429 Bond Process. Cascade I Land Company will agree to pay for the extension of these services as part of a Developer's Agreement for the plat. Thank you for consideration of this request. BEC--i~--O1 05:~ PM DYNAMICS DESIGN ~nd LAND 6124418604 P.02 £~'cy of Elk River State of Minnesol:a PETITION FOR LOCAL IMPROVEMENT , 19 To the City Council of Elk River, Minnesota: WE, THE UNDERSIGNED OWNERS of (a]l) (no: less than 35 percent in frontage) of the real property described at: hereby peti:ion,~uant to Minnesota S:atu:es, Chapter 429, for the following public Immrmvement~: EACH OWNER FURTHER AGREES, in consideration of the City action at our request to cause construction of :he above-described improvement, ~o pay such sums as may be determined by :he City to be a fair and reasonable apportionment of the costs of said improvement. OWNER EXPR£SSLY WAIVES OBJECTION tm any irregularity with regard to [he making of the imprevement er asse$$men~ of ~he cost thereof; waive~ claim %hat the amoun: thereof levied agains: owner's property it excessive; and waives all rights of appeal in the courts. Date 2. /'i~ ~ /~ ,_ 3. 5. 5. 7. 8. 9. Signature Print Name /~,~.~ of Owner of Owner Description of Property Examined, checked, and found to be in proper form and to be si~ned by mwners of :he above-$tate~ quan~ity of proper~y affected by the making the improvemen~ Petitioned f~r. City Clerk A-5 ~u--z$--O1 O5:---- PM DYNAMICS DESIGN and LAND 6124418604 P.O~ Cascade I is the contract purchaser of the Mitchell property and is applying for approval to extend urban services to the property prior to 2007 and also for subdivision approval of' Pm'k Poime, Cascade I Marion Glines, ChbfManager Scott & Annette Mitchell Cong'/ct I'-rchaser ,/" Owner . Date / ~.-~.~...~., / Owner ............................. City Council Minutes December 17, 2001 Page 8 Jim Brown representing Cascade I Land Company discussed how the future industrial needs might affect the layout of the plat. COUNCILMEMBER KUESTER MOVED TO ADOPT RESOLUTION 01-84, GRANTING FINAL PLAT APPROVAL FOR CASCADE INDUSTRIAL PARK, CASE NO. P 01-20. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 5-0. 6.3. Request by Cascade Land Company for Land Use Amendment to Include Certain Property. in the Urban Service District - Public Hearing 6.4. Request by Cascade Land Company for Preliminary. Plat Approval .(Park Pointe) Public Hearing - Case No. P 01-13 Staff report presented by Scott Harlicker. Scott Harlicker indicated that Dynamic's Design and Land Company has requested a land use amendment to bring a 79-acre parcel into the Urban Service District prior to 2007, and a preliminary plat of Park Point. He indicated that the area of the proposal is located at the NW corner of 175th Avenue and Filmore Street. Scott explained that the property is currently the Urban Service District but is not scheduled to receive municipal sewer and water until 2007, unless requested by the property o~vner. Scott noted that the preliminary plat is comprised of 97 lots, an exception and 8 outlots on 64.13 developable acres. Scott indicated that the Planning Commission voted to approve the land use amendment and preliminary plat with a 3-2 vote. Councilmember Motin disclosed that he is representing the M_itchells. He indicated that he continues tO feel that this area should be in the urban service area, however, when the discussion regarding platting takes place he will step down from the Council table. Council.member Kuester questioned what 175th Court connected to. Scott indicated that it would connect to Outlot E when it is platted. Mayor Klinzing opened the public hearing. Bruce Goetz, owner of 20 acres to the north of the subject site, noted his concerns about future sewer and water costs. He asked how much he would be assessed. City Engineer Terry Maurer indicated that trunk sanitary sewer and water costs approximately $6,300 per acre. There being no further comments, Mayor Kdinzing closed the pubhc hearing. COUNCILMEMBER DIETZ MOVED TO ADOPT RESOLUTION 01-85 TO BRING CERTAIN PROPERTIES INTO THE URBAN SERVICE DISTRICT CASE NO. LU 01-10. COUNCILMEMBER TVEITE SECONDED THE MOTION. Mayor Kd/nzing indicated that she would be vodng against the motion to be consistent with her past votes on this issue relating to the need to slow the rate of growth. THE MOTION CARRIED 4-1. MAYOR KLINZING OPPOSED. City Council Minutes December 17, 2001 Preliminary Plat Approval .(Park Pointe), Public Hearing- Case No. P 01-13 Page 9 Councilmember Motin stepped down from the Council table at this time. Discussion was held regarding the Park and Recreation Commission's recommendation for park dedication. The Park Commission recommended a land donation of 10%; an additional .863 acres is needed. The developer proposed a cash dedication for the .863 acres. The Council discussed several issues relating to the park dedication. City Attorney Peter Beck recommended a condition regarding park dedication for Outlot E when it is replatted in the future. Mayor IClinzing opened the public hearing. Bruce Goetz questioned the method of assessing for trunk sewer and water when flood plain or wetlands are involved. The City Engineer indicated that wetlands would be excluded from the calculation. There being no further comments, Mayor Klinzing closed the public hearing. The Council recessed at 8:35 p.m. and reconvened at 8:45 p.m. COUNCILMEMBER KUESTER MOVED TO TABLE THE REQUEST FOR PRELIMINARY PLAT OF PARK POINTE, CASE NO. P-01-13 UNTIL JANUARY 22, 2002, SO THAT THE PARK DEDICATION REQUIREMENTS OF THE PLAT CAN BE REVIEWED BY THE PARK AND RECREATION COMMISSION AND STAFF. COUNCILMEMBER TVEITE SECONDED THE MOTION. THE MOTION CARRIED 4-0. COUNCILMEMBER MOTIN DID NOT TAKE PART IN THE DISCUSSION OR VOTE ON THIS ISSUE. 6.5. Request by D.R. Horton for Rezoning from Rld to R3 (Trott Brook South), Pubhc Hearing - Case No. ZC 01-07 Staff report presented by Director of Planning Michele McPherson. Michele noted that D.R. Horton is requesting to rezone from Rld, Single Family Residential, to R3, Townhome District, in order to allow a mixed residential use to be approved. The property is located at the southeast corner of the intersection of Twin Lakes Road and County Road 12. Michele noted that the Planning Commission recommended approval of the zone change. Mayor IClinzing opened the public hearing. There being no one for or against the matter, Mayor Klinzing closed the public hearing. COUNCILMEMBER TVEITE MOVED TO ADOPT ORDINANCE 01-16 AMENDING THE CITY OF ELK RIVER ZONING MAP TO REZONE CERTAIN PROPERTIES AS DESCRIBED - CASE NO. ZC 01-07. COUNCILMEMBER KUESTER SECONDED THE MOTION. THE MOTION CARRIED 5-0. Civil Engineering Land Surveying Land Planning PARK POINTE ELK RIVER, MINNESOTA DYNAMlC'S DESIGN & LAND DEVELOPMENT CO. PRELIMINARY PLAT PACKAG John Ofiver & Associates, Inc. 580 Dodge Avenue, £~k River, Mi~nesotc~ 55330 (763) 44f-2072, Fax (763) 441-5665 20! If. Travelers Trail, Suite 200, Burnsville, Minnesota 55337 (952) 894-3045 Fax (952)894-3049 I hereby certify that this plan, speclf;cotion, or report was prepared by me or under my direct supervision and that I om o duly Registered Professional Engineer under State of Mn. Statutes 526.02-526,16 __ Dote 9/24/01 Mn, Reg. No. 20383 REV.DATE REVISIONS SHEETS NO. REVISED I lO/Il/Of CITY COMMFNT~; Al I 2 10/29/0l CITY COMMENTS ALL 3 11/21/01 REVISED LAYQ~T ALL 4 11/79/¢Jl CITY coMM~'NTS Al J I I w ~/4 CORNER POND KLIEVER'S MARSH © © 474.44 sw I/4 Line of the N ["~ r--'T ~"~ t A I ~,JI- I ~VV 79.1E~ g~oss 10.83 3.69 R/~ I, Twp. 52, / ,4 Doc, No. I/2. Twp. 32. -~- (-.) (.fl / 0 100 200 SCALE IN 500 FEET Z ;HEET NO. W I/¢ CORNER /--FALLS POND TO W I/4, CORNER KLIEVER'S i~ARSH OUTLOT A /1 / / / I' 35 SECTION I. TOWNSHIP 32. RANG[ 26 GROSS AREA 70.95 ACRES R.O.W. 175TH AVE & Filmofe St. 4.20 ACRES OPEN SPACE (Outlots A & B) 14. U AOR£$ Denotes I/2 Inch x 14 b%ch Iro~ Pipe Set With A P~ostic Cap Mo~'ked R.L$. 2t729 Denotes Iron Pipe F~und Denotes Sherburne County Monument Drainage and Utility Easements shall be shown thus: III '_il._ _~L__ ~ ___12o_ Being IO feet in wldU~ and od}Dining right-of--way lines, unless otherwise {ndicoted, also being 5 feet in width and odjoinlng lot lines, unless other- wise indlcoted, os shown on the peat. I, Twp. 52, OWNER & DEVELOPER: O~amics DeskJn & Lo~d Company 544 - 3rd Sfreet NV,' Elk River, MN $5550 (765) 441--85gl ZONING: Existing R-IE Proposed R-IE SUBJECT PROPERTY: '" C3 ¢3 I0O 200 SCALE FEET~ To[o( Gross Buad0bre Land (not in Kliever's Marsh) is 64.15 acres. Total oreo [o be platted (not the exceptions 9.17 acres) is 54.96 acres, IO~* of the land dedicated equals 5.49 acres. Total oreo shown {~ pork is 5,§1 acres. SHEET NO. KLIEVER'S MARSH OUTLOT A 175'1~l PROVIDE ALONG LEGEND I. INSTALl. [RO~ON CONTROL MEASURES PRIOR TO GRADING CONSTRUCTION. EMERGENCY AT 897.0. LOWER TRAIL TO ALLOW FOR OVERFLOW INTO DITCH. EMERGENCY OVERFLOW AT gOl. O / 0 I00 200 500 > SHF['T NO. KLIEVER'S MARSH OUTLOT A OUTLOT E S89°39'27"E \4 I 23 2625.27 7 8 19 / / / / ? \ I I 8 \\ \ AVENUE- 2620.12 NOTES: I. ALL SANITARy SEWER SHALL BE 8' PVC UNLESS OTHERWISE NOTED, 2.ALL WATERMAIN SHALL BE 6" DiP UNLESS OTHERWISE NOTED. Denotes Existing Sonltory Sewer Denotes Sonitory Sewer Denotes Existing Storm Sewer / o~ ,o,o ~o? SCALE IN FEET Ii COL,u&~ /.. ~ cO t,u JO '~' C3 69 ¢3 I r~ Z _03 o IJJ 121 SHEET NO. / 7 2625.27 OUTLOT A / / / GENERAL NOTE% MATERIALS I. All ovsrstory trees shall have a minimum caliper of 2.5 inches, Balled & Burlap 2. All ornamental or understory trees shall have a minimum caliper of 1.5 Inches, Belled & Burlap. 5. All coniferous trees shall have a minimum planting height of 5 feet, Balled & Burlap. 4. Coniferous shrubbery shall be the fallowing minimum sizes: a. Spreading - I gallon, potted b. Medium - 5 gallon, potted c. Upright -- 5.5 to 4 feet, Belled & Budap 5. Declduous shrubbery shall be the following minimum sizes: o. Dwarf- I gallon, patted b. Medium -- 5 gallon, potted c. Tall - 24 to 50 inches, potted 6. All mulch used around planting beds should be rock unless shrubs being used In the bed produce new plants through the roots. Flower beds ore not required to have rock mulch, Professional HDPE edging shall be used around oll planting beds and shrub plantings. TREE PLANTING DETAIL 7. All open areas of site not occupied by building, parking, walkway, or storage areas shall be sodded or seeded by others. 8. All landscape material shall be guaranteed for a period of one .veer. This guarantee Is to insure for proper installation and sub- sequent vigorous growth of the landscape element. 9. All landscape material shall be Installed and maintained as per Minnesota Nurseryman AssoclaUon Standards, latest edition. The landscape material shall be nursery quality stock. 10. Backfill for plant material shall consist of topsoil (free of lumps, twigs and rocks), peat moss and fertilizer applicable to species. IL Plant malaria shol be planted os per the planting details. 12. If any plant species is unav~lJoble or in the opinion of the nursery- man a substitution would be more applicable (due to soil t~4:~e or location), the engineer and owner shall be contacted prior to acceptance of the substitution. 15. Spacing between plant material shall be industry standard. Plants ore shown at approximate full growth diameter. H.. Tree wrap - ~JI "Thin Skinned" and ornamental trees shall be wrapped ~n accordance with MNLA Standards. § / / / / I 8 \\ \ l! KEY QUANTITY COMMON/BOTANICAL III RED MAPLE/ ACER RUBRUM - NORTHWOOD 109 WHITE ASH/ FRAXINUS AMERICANA TREE PRESERVATION LINE (ALSO SILT FENCE & GRADING LIMITS) DENOTES AREA OF TREES TO REMAIN I. REMAINDER OF' TREES NOT SHOWN TO BE PLACED AT OWNERS DISCRETION, 2.SILT FENCE AND GRADING LIMITS TO BE DISTINGUISHED ON FINAL PLANS. 0 0 100 /J SHEET NO. J ¥ PL TOP BIT. MAT 28"R '\ C.~ ~ J DIRECTION OF FLOW ~ PROPEX-"SILT STOP" FABRIC STAPLED 2"x2"xS4" WOOD TO W000 STAKES STAKES O 4' O. 10' MINIMUM /- BACKFILL W/ TAMPED ~r NATURAL SOIL ~ EMBANKMENT SILT FENCE SHEET NO. / 7 W I/4 ~ S89°39'27"~ · "'. 26: 12 KLIEVER'S MARSH OUTLOT A / # / the N S~:CTION I, TOWNSHIP 32, RANGE 26 COURT- 196-T[I 5./ SU~ J[CT PROPER TY: LOT tt. OCK 2