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6.10. - 6.13. SR 03-19-2001Item #'s 6.10-6.13 City of E River MEMORANDUM TO: FROM: DATE: SUBJECT: Mayor and City Co/~il~.-- (¥~/ Michele McPhersoi~/Director of Planning March 19, 2001 Case No.'s ZC 01-04, LU 01-03, P 01-06 and CU 01-09 Requests by Scott Powell for Mississippi Ridge Plat Request Scott Powell requests approval of the following land use applications in order to develop Mississippi Ridge, a mixed commercial and residential development: 1. Rezoning from C3 (Highway Commercial) to PUD (Planned Unit Development). 2. Land Use Amendment from HB (Highway Business) to HB (Highway Business) and MR (Medium Density Residential). 3. Preliminary Plat approval, Mississippi Ridge. 4. Conditional Use Permit for Site Plan, Mississippi Ridge. Location West side of Highway 10 from 170th to 173rd Avenues. Zoning/Land Use C3 (Highway Commercial) / HB (Highway Business) Attachments · Resolution No. · Ordinance No. · Memo from Steve Rohlf, Building & Zoning Administrator dated February 22, 2001 · Memo from Terry Maurer, City Engineer, dated February 19, 2001 · Letter from Dwight Kirkeide, dated February 27, 2001 · Location map · Land Use Map- Existing 13065 Orono Parkway · P.O. Box 490 · Elk River, MN 55330 · TDD & Phone (763) 441-7420 · Fax (763) 441-7425 Memo to Mayor & City Council/P 01-06 March 19, 2001 Page 2 · Land Use Map- Proposed · Sketch plan of extension to 170th Avenue · Aerial Photo · Preliminary plat · Grading plan · Utility Plan · Landscape plan Overview Existing Conditions The applicant has acquired a number of properties on the west side of Highway 10 and is prepared to develop them at this time. The total area to be developed is 20.47 acres. The existing conditions of the site are such that a portion of it is partially vacant. The old Chevrolet dealership, Elk River Muffler and Brake, and three single-family homes are located on the property. The property extends from 170"' Avenue on the south to approximately 173rd Avenue on the north, from Highway 10 on the east to the Mississippi Bluff line on the west. The subject property does not include lands below the bluff line; another property owner owns them. The proposed development will include the fourth leg of the intersection at 171st Avenue, construction of Yale Street, the creation of 22 town home units adjacent to the bluff and the creation of eight commercial lots. The commercial lots will range from one acre to slightly over two acres in area. At this time, no specific users or builders have been identified. Environmental Issues Steve Rohlf, Building and Zoning Administrator prepared the attached memo outlining the various environmental issues. The site is affected by wetlands, Shoreland, Wild & Scenic River, and Floodplain rules and regulations. Each of the conditions outlined in his memo will be included as conditions of approval for these requests. Preliminary Plat The preliminary plat of Mississippi Ridge is comprised of 22 twin home townhome lots with access on a private road, and eight commercial lots with access from Yale Street. With this project, the fourth leg of the intersection at 171st Avenue will be constructed. S:\PLANNING\MICHMC\CCREPRTS\P01-06.DOC Memo to Mayor & City Council/P 01-06 March 19, 2001 Page 3 Lot Sizes The lot area for each townhome lot will be 3,116 square feet (38 feet x 82 feet). The commercial lots range in area from one to 2.6 acres. Each Commercial lot has in excess of 100 feet of frontage on a public street. Roads Access to the proposed Mississippi Ridge development will be from 171st Avenue. In order to construct the last leg of the intersection, substantial wetland fill will need to occur (please refer to Steve Rohlf's memo). Once the fourth leg of the intersection is constructed, Yale Street will be constructed. This will provide an opportunity for the commercial sites to have entrances from a "frontage road" as opposed to directly from Highway 10. As outlined in the City Engineer's memo, the City would desire a connection of this street to Zane Avenue on the north and to 170th Avenue on the south, thereby creating an opportunity to close additional access points onto Highway 10. The applicant has provided a sketch plan of the connection to 170th Avenue that is acceptable to staff. Park Dedication The Park and Recreation Commission reviewed this proposal at its February 14, 2001 meeting. They recommended cash dedication on both the commercial and residential portions of the project. In addition, they recommended a trail easement along the south side of 171st Avenue, south along Yale Street to 170th Avenue. They also requested a trail easement westerly toward the river. Land Use Amendment In order to create this mixed-use development, the land use must be changed from its current HB (Highway Business) to MR (Medium Density Residential) for that portion of the project where the twin homes are located. Under the Shoreland and Wild & Scenic River requirements, residential uses adjacent to the bluff line of the Mississippi River provide an appropriate transition from the river to the proposed commercial area adjacent to Highway 10. The commercial portion of the proposal can maintain the current land use designation of Highway Business. Zone Change The request to change the zoning from C3 (Highway Commercial) to PUD (Planned Unit Development) is an appropriate request. The Planned Unit Development District is designed to provide flexibility of land uses and setbacks, as well as limiting the types of uses that would be allowed under the PUD. In addition, design guidelines can be established which would create a cohesive development, blending the residential and commercial uses so that they appear to be part of one project. S:\PLANNING~MICHMC\CCREPRTS\P01-06.DOC Memo to Mayor & City Council/P 01-06 March 19, 2001 Page 4 Uses The applicant at this time has not identified any commercial uses, other than expressing a desire to locate a restaurant on one of the parcels located on the south end of the property. The restaurant would overlook the river and the scenic beauty of the Mississippi River. Other uses consistent with the C3, Highway Commercial District would be appropriate to consider. The Commission may want to consider limiting the number of gas stations to one, as there is a gas station located directly to the east in the southeast corner of the intersection of 171st and Highway 10. If the Commission agrees that rezoning to Planned Unit Development is appropriate, staff would recommend that prior to final plat approval, staff, the applicant, and the Planning Commission work to establish a set of design guidelines similar to those created for Elk River Crossing in order to guide development in this development. Setbacks The applicant has submitted no specific uses or site plans at this time. Maintaining the C3, Highway Commercial District setbacks would be consistent with other uses in this corridor. The townhome setbacks would be similar to those proposed in other similar developments. Conditional Use Permit In order to approve the site plan for the PUD, a conditional use permit must be approved. As proposed, the plan has setbacks and proposed uses similar and consistent with other uses in this corridor. As each site develops, an amendment to the PUD to approve specific site plan will be required. This should also apply to the townhome lots once a builder has been identified. Planning Commission Action The Planning Commission conducted a public hearing regarding these requests at its February 27, 2001 meeting. At that meeting, the applicant spoke regarding his plans and his desire not to impact the adjacent residential neighborhood to the south. He felt that connecting Yale Street to 170th Avenue would disrupt the neighborhood. Mr. Kirkeide, 11230 173rd Avenue provided the letter attached to the packet. Representatives from the monument company located at 17276 Highway 10 spoke regarding the proposal and the attempt by the applicant to strike an arrangement for a land swap. Their property is not owned by the applicant, but would need to be crossed in order to connect Yale Street to Zane Street on the north end of the project. S:\PLANNING\MICHMC\CCREPRTS\P01-06.DOC Memo to Mayor & City Council/P 01-06 Mamh 19, 2001 Page 5 The Planning Commission voted unanimously to recommend approval of the land use and zone changes to the City Council. They voted 5-2 to recommend approval of the preliminary plat and the conditional use permit to the City Council. Recommendation Staff and the Planning Commission recommend that the City Council approve the land use applications requested by the appiicant as follows: Land Use Amendment: Approve the attached resolution amending the land use from HB, Highway Business, to MR, Medium Density Residential and HB, Highway Business in order to create a lower impact residential transition zone from the Mississippi River. Zone Change Approve the attached ordinance changing the zoning from C3, Highway Commercial to PUD, Planned Unit Development with the following findings of fact: 1. THAT THE REZONING IS CONSISTENT WITH THE CITY'S COMPREHENSIVE PLAN AND ZONING ORDINANCE. 2. THAT THE REZONING WILL NOT CREATE ADVERSE IMPACTS TO ADJACENT USES. THAT THE REZONING WILL ALLOW A MIXED USE (COMMERCIAL AND RESIDENTIAL) DEVELOPMENT THAT CREATES A LOW-IMPACT RESIDENTIAL TRANSITION ZONE ADJACENT TO THE MISSISSIPPI RIVER AND EXISTING RESIDENTIAL PROPERTIES. Preliminary Plat and Conditional Use Permit Approve the preliminary plat and conditional use permit for eight commercial lots and 20 twinhome townhome lots with the following conditions: 1. ALL COMMENTS OF THE CITY ENGINEER BE ADDRESSED. ALL COMMENTS AND CONDITIONS INCLUDED IN THE BUILDING AND ZONING ADMINISTRATOR'S MEMO OF FEBRUARY 27, 2001 BE INCLUDED AND ADDRESSED. YALE STREET BE CONNECTED TO ZANE STREET ON THE NORTH AND 170TM AVENUE ON THE SOUTH. S:\PLANNING\MICHMC\CCREPRTS\P01-O6.DOC Memo to Mayor & City Council/P 01-06 March 19, 2001 Page 6 A DEVELOPERS AGREEMENT OUTLINING THE TERMS AND CONDITIONS OF THE PLAT APPROVAL AND INSTALLATION OF IMPROVEMENTS BE PREPARED AND EXECUTED PRIOR TO RELEASING THE PLAT FOR RECORDING. STREET LIGHTS BE INSTALLED AS REQUIRED BY ELK RIVER UTILITIES A LETTER OF CREDIT BE PROVIDED TO THE CITY IN THE AMOUNT OF 100% OF THE COSTS OF THE PUBLIC IMPROVEMENTS. 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. 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. PARK DEDICATION FEE IN THE AMOUNT REQUIRED BY THE CITY AT THE TIME OF FINAL PLAT BE PAID PRIOR TO RELEASING THE PLAT FOR RECORDING. 10. A TRAIL EASEMENT BE DEDICATED ALONG THE SOUTH SIDE OF 171sT AVENUE AND THE EAST SIDE OF YALE STREET TO 170TM AVENUE. ALSO A TRAIL EASEMENT BE DEDICATED WEST TOWARD THE MISSISSIPPI RIVER. 11. A SEALCOAT FEE IN THE AMOUNT TO BE DETERMINED BY THE CITY ENGINEER BE PAID PRIOR TO RELEASING THE PLAT FOR RECORDING. 12. A GRADING AND EROSION CONTROL PLAN BE APPROVED BY THE CITY ENGINEER PRIOR TO THE ISSUANCE OF BUILDING PERMITS. 13. A DEVELOPMENT PLAN BE APPROVED BY THE CITY ENGINEER PRIOR TO THE ISSUANCE OF BUILDING PERMITS. 14. ALL GRADING BE CERTIFIED PRIOR TO THE ISSUANCE OF BUILDING PERMITS. 15. ALL MAILBOXES BE CLUSTERED. S:\PLANNING\MICHMC\CCREPRTS\P01-06.DOC Memo to Mayor & City Council/P 01-06 March 19, 2001 Page 7 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. ALL DISTURBED AREAS SHALL BE GRADED AND SEEDED. 19. ALL APPROPRIATE EASEMENTS SHALL BE SHOWN ON THE PLAT. 20. PRIOR TO FINAL PLAT APPROVAL DESIGN/DEVELOPMENT GUIDELINES SHALL BE APPROVED BY THE CITY COUNCIL. 21. ONCE A BUILDER HAS BEEN IDENTIFIED FOR THE TOWNHOMES, A CONDITIONAL USE PERMIT BE APPROVED FOR THE SITE PLAN AND TOWNHOME DESIGN OF ALL 20 UNITS PRIOR TO ISSUANCE OF A BUILDING PERMIT. S:\PLANNINGWIICHMC\CCREPRTS\P01-06.DOC CITY OF ELK RIVER RESOLUTION NO. 01 - A RESOLUTION AMENDING THE COMPREHENSIVE PLAN TO CHANGE THE LAND USE FROM HB (HIGHWAY BUSINESS) TO HB (HIGHWAY BUSINESS) AND MR (MEDIUM DENSITY RESIDENTIAL) Case No. LU 01-03 WHEREAS, Minnesota Statutes, Chapter 462.355, Subdivision 2, prescribes the procedure for amending the Comprehensive Plan, and WHEREAS, the Planning Commission held a public hearing on Tuesday, February 27, 2001, and recommended approval regarding the Comprehensive Plan amendment request for the property generally described as: (See Attached Exhibit A) and; WHEREAS, the City Council has reviewed the Comprehensive Plan amendment request and finds the change to be in general conformance to the adopted Comprehensive Plan. WHEREAS, the City Council has reviewed the Comprehensive Plan amendment request and finds the following: o The area under consideration is adjacent to Highway 10, which will meet the transportation needs of the proposed commercial and residential development. The proposed land use plan amendment will allow for mixed use development at a signalized intersection. The residential use adjacent to the bluff line of the Mississippi River provides a desirable transition from the river to the proposed commercial area adjacent to Highway 10. The proposed changes are in general conformance to the adopted Comprehensive Plan. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Elk River that the Land Use Plan be amended to change the property as described above from HB (Highway Business) to HB (Highway Business) and MR (Medium Density Residential). PASSED by the City Council of the City of Elk River this 19th day of March, 2001. ATTEST: Stephanie Klinzing, Mayor Sandra A. Peine, City Clerk EXHIBIT A That part of the Northwest Quarter of the Northwest Quarter (NW ¼ of NW ¼) of Section Eleven (11), Township Thirty-Two (32), Range Twenty-Six (26), Sherburne County, Minnesota, lying west of the Westerly line of the right-of-way of United States Highway No. 10 according to MINNESOTA DEPARTMENT OF TRANSPORTATION MONUMENTATION PLAT 71-MI filed as Instrument No. 15831, files of the Sherburne County Recorder. Except the north 2 rods (33.00 feet), as measured along the West line, of said Northwest Quarter of the Northwest Quarter (NW ¼ of NW ¼). Together with: That part of the Southwest Quarter of the Northwest Quarter (SW ¼ of NW ¼) of Section Eleven (11)Township Thirty-Two (32), Range Twenty-Six (26), in Sherburne County, Minnesota described as follows: Beginning at the point of intersection of the North line of said Southwest Quarter of the Northwest Quarter (SW ¼ of NW ¼) with the Westerly line of the right-of- way of United States Highway No. 10 according to MINNESOTA DEPARTMENT OF TRANSPORTATION MONUMENTATION PLAT NO. 71-MI filed as Instrument No. 15831, files of the Sherburne County Recorder, said point of intersection also being 598.90 feet West, as measured along said North line, from the Northeast corner of said Southwest Quarter of the Northwest Quarter; thence southeasterly along said Westerly line of the highway right-of-way along a curve with a radius of 7674.55 feet, for a central angle of 5 degrees, 02 minutes, 49 seconds, and a distance of 676.01 feet to the MnDOT Monument No. S-9 according to said PLAT NO. 71-MI; thence South 7 degrees 43 minutes, 00 seconds East tangent to said curve and along said Westerly line of the highway right-of-way for 23.40 feet; thence on a bearing of West parallel with said North line for 400.00 feet; thence North 10 degrees, 07 minutes, 15 seconds West for 699.17 feet, more or less, to intersect said North line at a point thereon a distance of 400.00 feet of said Point of Beginning; thence on a bearing of East along said North line for 400.00 feet to said Point of Beginning. Subject to easements, if any. For the purposes of this description the North line of said Southwest Quarter of the Northwest Quarter (SW ¼ of NW ¼) is assumed to bear due East and West. S:\PLANNING\RESOLUTI\LU01-03.DOC ORDINANCE 01 - CITY OF ELK RIVER AN ORDINANCE AMENDING THE CITY OF ELK RIVER ZONING MAP TO REZONE CERTAIN PROPERTIES AS DESCRIBED CASE NO. ZC 01-04 The City Council of the City of Elk River does hereby ordain as follows: Section 1. The duly adopted Zoning Map of the City of Elk River is hereby amended to rezone the properties described as: (See Attached Exhibit A) Section 2. The rezoning is being approved based on the following findings: 1. THE REZONING WILL NOT CREATE ADVERSE IMPACTS TO ADJACENT USES. 2. THE REZONING IS COMPATIBLE WITH THE ADJACENT ZONING DISTRICTS. 3. THE REZONING IS COMPATIBLE WITH THE VALUES OF THE WILD AND SCENIC RIVER DISTRICT. 4. THE PROPERTY IS WITHIN THE URBAN SERVICE AREA AND WILL BE SERVICED BY MUNICIPAL SEWER AND WATER. 5. THE PROPERTY IS ADJACENT TO HIGHWAY 10 AND IS LOCATED AT A SIGNALIZED INTERSECTION THAT WILL MEET THE TRANSPORTATION NEEDS OF THE COMMERCIAL AND RESIDENTIAL USES. 6. THE RESIDENTIAL USE ADJACENT TO THE BLUFF LINE OF THE MISSISSIPPI RIVER PROVIDES A DESIRABLE TRANSITION FROM THE RIVER TO THE PROPOSED COMMERCIAL AREA ADJACENT TO HIGHWAY 10. Section 3. That this Ordinance shall take effect and be in full force from and after the date of its publication. Passed and adopted this 19th day of March, 2001, by the City Council of the City of Elk River. ATTEST: Stephanie A. Klinzing, Mayor Sandra A. Peine, City Clerk s:\planning\ordinanc\zc01-04.doc EXHIBIT A That part of the Northwest Quarter of the Northwest Quarter (NW ¼ of NW ¼) of Section Eleven (11), Township Thirty-Two (32), Range Twenty-Six (26), Sherburne County, Minnesota, lying west of the Westerly line of the right-of-way of United States Highway No. 10 according to MINNESOTA DEPARTMENT OF TRANSPORTATION MONUMENTATION PLAT 71-MI filed as Instrument No. 15831, files of the Sherburne County Recorder. Except the north 2 rods (33.00 feet), as measured along the West line, of said Northwest Quarter of the Northwest Quarter (NW ¼ of NW ¼). Together with: That part of the Southwest Quarter of the Northwest Quarter (SW ¼ of NW ¼) of Section Eleven (11) Township Thirty-Two (32), Range Twenty-Six (26), in Sherburne County, Minnesota described as follows: Beginning at the point of intersection of the North line of said Southwest Quarter of the Northwest Quarter (SW ¼ of NW ¼) with the Westerly line of the right-of- way of United States Highway No. 10 according to MINNESOTA DEPARTMENT OF TRANSPORTATION MONUMENTATION PLAT NO. 71-MI filed as Instrument No. 15831, files of the Sherburne County Recorder, said point of intersection also being 598.90 feet West, as measured along said North line, from the Northeast corner of said Southwest Quarter of the Northwest Quarter; thence southeasterly along said Westerly line of the highway right-of-way along a curve with a radius of 7674.55 feet, for a central angle of 5 degrees, 02 minutes, 49 seconds, and a distance of 676.01 feet to the MnDOT Monument No. S-9 according to said PLAT NO. 71-MI; thence South 7 degrees 43 minutes, 00 seconds East tangent to said curve and along said Westerly line of the highway right-of-way for 23.40 feet; thence on a bearing of West parallel with said North line for 400.00 feet; thence North 10 degrees, 07 minutes, 15 seconds West for 699.17 feet, more or less, to intersect said North line at a point thereon a distance of 400.00 feet of said Point of Beginning; thence on a bearing of East along said North line for 400.00 feet to said Point of Beginning. Subject to easements, if any. For the purposes of this description the North line of said Southwest Quarter of the Northwest Quarter (SW ¼ of NW ¼) is assumed to bear due East and West. s:\planning\ordinanc\zcOl-O4.doc City of El Memorandum River TO: FROM: PLANNING COMMISSION STEPHEN ROHLF, BUILDING AND ZONING ADMINISTRATOR DATE: FEBRUARY 27, 2001 SUBJECT: MISSISSIPPI RIDGE BY SCOTT POWELL The following is a summary of the environmental issues associated with the proposed Planned Unit Development of Mississippi Ridge: WETLANDS The proposed extension of 171 st Avenue necessitates going through a wetland. The City of Elk River is the Local Unit of Government charge with enforcing the Wetland Conservation Act (WCA). The filling of this wetland will have to be evaluated by the city's Technical Evaluation Panel (TEP) for the WCA prior to the final action on Mississippi Ridge by the City Council. However, because of the position of the only traffic signal on US Trunk Highway 10 in this area, the proposed filling is likely to be approved for safety reasons. Mitigation, or replacement, of the wetland on the site may be difficult. The developer is looking at mitigation below the ridgeline, but the area contains mature trees. The city prefers mitigation on the same site where the wetland was filled. If there are overriding concerns, replacement may be achieved off-site. Recommended wetland conditions: TEP review and recommendation prior to Council final action on the request. > That a restrictive covenant and drainage and utility easement be recorded on the mitigation areas. That the Developer's Agreement for the project includes language that places the responsibility for the success of the wetland mitigation on the developer. > That the letter of credit, which covers the public improvements associated with the project, also includes the cost of the mitigation work. > That the developers submit a written monitoring report on the replacement wetlands one year after this mitigation work is completed and that this report be approved by city staff prior to the release of the letter of credit. 13065 Orono Parkway · P.O. Box 490 · Elk River, MN 55330 · TDD & Phone (763) 441-7420 · Fax (763) 441-7425 SHORELAND The ridgeline between the river and the development is considered a true bluff line as defined by the city's Shoreland Ordinance. A thirty (30) foot setback from the bluff line is required. The proposed townhomes meet this requirement. Intensive vegetation clearing and topography alteration on the bluff and within the twenty (20) feet bluff impact zone (measured from the top of the bluff going away from the river) is prohibited. The developer will be allowed to cut any dead trees or trees of less than four (4) inches in diameter. Other trees may be cut selectively to create views of the river as long, as a continuous tree canopy is maintained. The developer does not own the property all the way to the river, so access down the bluff is not being requested. The only topographical alteration of the bluff being proposed is for a storm pipe. This alteration appears to be unavoidable. Recommended Shoreland conditions: The developer gains approval for what vegetation is removed from the bluff by city stall'. > A thirty (30) foot setback from the top of the bluff is required. ~- That minimal topographical alteration of the bluff and within the twenty (20) foot bluff impact zone takes place (alterations approved by city staff) and that erosion control and revegetation is required. WILD AND SCENIC RIVER DISTRICT Currently the top of this bluff is also the boundary line of the Wild & Scenic River District. The DNR is considering a new boundary for the district that would go to Highway 10. The DNR's proposal would classify the property in question as River Town. The uses proposed in Mississippi Ridge are consistent with the proposed River Town classification. Recommended Wild and Scenic River District conditions: > That the exteriors of the townhomes are done in earth tones to help them blend in with the natural environment. 3~ Glare from the development is required to be directed away from the river. > That signage for the commercial portion of the proposal is not visible from the river (this condition may be more difficult for the proposed restaurant on the south end of the development due to the deforestation of the adjacent bluff line). FLOODPLAIN The development as proposed does not impede floodwaters in the floodplain. The removal of sediment from storm water run-off is required by the city, prior to discharge into the river. Retention of the net increase in run-off from development is also required. Sedimentation is not allowed in the floodplain, but retention is. The development appears to be allowing for the necessary sedimentation and retention outside of the floodplain. Recommended Floodplain conditions: ~ That the City Engineer determines the adequacy of storm water sedimentation and retention for the development and that no sedimentation is allowed in the floodplain. MINNESOTA DEPARTMENT OF NATURAL RESOURCES City staff discussed the material contained in this memo with Patty Fowler, Area Hydrologist for the DNR, on February 22, 2001. She was in agreement with staffs recommendations. Howard R, Green Company February 19, 2001 File: 811470J-0240 Ms. Michele McPherson Director of Planning City of Elk River 13065 Orono Parkway P.O. Box 490 Elk River, MN 55330-0490 RE: MISSISSIPPI RIDGE ADDITION Dear Ms. McPherson: As requested, we have reviewed the submittal package for the Mississippi Ridge Development. The plan set submitted consisted of four pages: a preliminary plat, a preliminary grading plan, a preliminary utility plan, and a preliminary landscape plan. All four were prepared by John Oliver & Associates and dated January 22, 2001. In addition, drainage calculations were submitted that were also prepared by John Oliver & Associates. Based on comments received at the staff review meeting, meeting with the Developer and his engineer, and meetings with MnDOT representatives, we would offer the following comments: A. TRUNK HIGHWAY 10 ACCESS We believe that the most important thing with this plat is to take advantage of the opportunity to eliminate, minimize, and make safer access points onto TH 10. With this plat, four existing driveways will be eliminated that access directly onto TH 10. Two of them are at the south end of the plat where the old Chevrolet Dealership stands. The other two are more northerly and are access points to two existing homes. All three of these buildings will be eliminated with the platting of Mississippi Ridge. The plat proposes to create a new access point at 171st Avenue, creating the fourth leg of the signalized intersection. At the very north end of the plat, 173rd Avenue is proposed to access TH 10. This is in the same location where two driveways for pdvate homes, one of which is used as the monument business, currently access the highway. We have met with representatives of MnDOT District 3 and with the Developer to discuss the connection of 170th Avenue to the east through this plat to the signalized intersection at 171st Avenue. This would provide access to a signalized intersection for the residential neighborhood lying east of Mississippi Ridge. It would also allow the opportunity to close the current access point onto TH 10 at 170th Avenue. At the north end, if a connection can be made to Zane C:\TEMP\Ltr 02-19-01 McPherson.doc 1326 Energy Park Drive · St. Paul, MN 55108 ° 651/644-4389 fax 651/644-9446 toll free 888/368-4389 Ms. Michele McPherson February 19, 2000 Page 2 Street, which currently serves Napa Auto, Saxon Motors, and the Amedclnn, this would allow the modification to the access point at TH 10 near the Americlnn. Currently, there is a full access point with left turns allowed. A search of the accident history indicates six accidents have occurred each year for the last two years. By connecting through Mississippi Ridge to 171st Avenue, this access point could be restricted to right-in, right-out traffic or possibly to right-out only by modifying the access point and closing the median crossover. In addition, we have recommended to MnDOT if these outside connections are made, that the median at 173rd Avenue also could be closed which is consistent with MnDOT's long-range access control plan for TH 10. This would allow only right-in, right-out tums at 173rd Avenue. Attached is a letter from Terry Humbert, MnDOT District 3 planner, in favor of these types of access changes. We have also had several discussions with Mr. Ted Saxon from Saxon Motors. He has expressed an interest in the realignment of Zane Street between his business and the Napa Auto Store. The realignment he envisions would move the road closer to the highway. He has indicated a willingness to provide additional right-of-way to accommodate this realignment. The benefit he would receive would be to remove the street which divides the lot in which his building sits from the lot nearest the highway where his automobiles are displayed. The one downside to this proposal is it may be necessary for the City to use Eminent Domain to remove the Kirkeide access point to TH 10. Mr. Scott Powell, the Developer of Mississippi Ridge, has had several discussions with Mr. Kirkeide about purchasing his access and has been unable to come to any type of arrangement. The other parcel that may require Eminent Domain would be the existing house which currently contains the monument business at the north end of the plat. Mr. Powell continues to have ongoing discussions with the owner of this property but as of today's date has been unable to come to a reasonable agreement for acquiring that property. B. PRELIMINARY PLAT The plat of Mississippi Ridge should show access control along TH 10 with the exception of 171st Avenue and 173rd Avenue. It may be necessary south of 171st Avenue to provide a restricted right-of- way of only 50 feet in width to accommodate the connection with 170th Avenue. We believe that the benefit of making this connection far outweighs any negative effects of the reduced right-of-way width. Currently, the Developer's engineer is looking at alignments between these two streets. C. PRELIMINARY GRADING PLAN * The proposed plat would have two commercial lots south of 171st Avenue with six additional commercial lots between 171st Avenue and 173rd Avenue adjacent to the highway. Behind these commercial lots adjacent to the river bluff, it is proposed to have eleven 2-unit townhome buildings. It is proposed to provide ingress and egress to these townhomes by a separate frontage road. This road is to be built partially within the City right-of-way. However, it is assumed that this road would be private and maintained by a Homeowners' C:\TEMP\Ltr 02-19-01 McPherson.doc Howard R, Green Company CONSULTING ENGINEER8 Ms. Michele McPherson February 19, 2000 Page 3 Association. In order to accommodate this design, the public road, Yale Street, needs to be offset within the existing right-of-way. We believe this is a reasonable approach to eliminating 22 driveways onto Yale Street which will have commercial operations on the north side of it. · The extension of 171st Avenue will require the filling of an existing wetland. This is unavoidable due to the location of the signalized intersection. The project will still have to go through a Technical Evaluation Panel. · There is a significant amount of grading needing to be accomplished in the TH 10 right-of-way. This includes removing driveway approaches and creating new street access points at 171st Avenue and 173rd Avenue. A MnDOT permit will be necessary for all of this work. · A larger scale grading plan should be submitted for the final approved grading plan. This larger scale plan should show in greater detail how the driveways to the townhomes will be constructed so that they will drain properly. At the scale of this plan, it is difficult to determine whether or not all of these will adequately drain. · We question whether sufficient guest parking is provided for the townhome units. · Consideration should be given to relocating the north end-private driveway access onto Yale Street. Perhaps it could be moved back to coincide with a driveway access into Lot 6, Block 1. · The street section shown should have B618 concrete curb and gutter instead of B612. The strength of the street section shown is adequate. The width of the street section is 39 feet face to face, slightly larger than the typical residential street of 32 feet face to face. This should be adequate to accommodate the commercial traffic along with the residential traffic from the townhomes. * It is unclear what the section of the townhome private drive is planned at, and whether or not it will include concrete curb and gutter. It should have concrete curb and gutter provided and be a minimum of 20 feet wide, allowing for emergency vehicle access. · The other item that is difficult to determine is the width of the median between the public road and the pdvate driveway. It appears to measure approximately 8 feet in width. Separation between these two roadways needs to be adequate to allow for snow storage. D. PRELIMINARY UTILITY PLAN · Sanitary sewer and water are stubbed under TH 10 near the south end of this plat. These utilities will be continued through the plat and eventually extended northerly to serve the existing businesses. If the road connection is made to the north then water can be looped up to near the Amedclnn where, again, water is stubbed under the highway. If this connection is not made, then water should be jacked under TH 10 to connect to the existing water on the north side of the highway to provide a loop system so that adequate fire fighting pressure and flow would be available. · At the south end of the plat, Lots 1 and 2, Block 2, a decision will have to be made at the time of the development of these lots whether or not looping of watermain through and around the proposed buildings is necessary to position hydrants for fire fighting capabilities. Currently, no hydrants are C:\TEMP\Ltr 02-19-01 McPherson.doc Howard R, Green Company CONSULTING ENGINEERS Ms. Michele McPherson February 19, 2000 Page 4 shown on the waterline coming from TH 10 to Yale Street. Also, it may be advisable and necessary to extend sanitary sewer and water stubs to the south to 170th Avenue to make them available for future extension of City utilities in this area. E. STORM DRAINAGE Storm sewer calculations have been submitted and reviewed. We have some minor concerns and questions, but are confident these issues can be resolved with the Developer's engineer. If you have any questions regarding these comments or would like additional information, please call. Sincerely, Howard R. Green Company Terry J.~P.E4~. TJM:tw Attch. C:\TEMP\Ltr 02-19-01 McPherson.doc Howard R. Green Company CONSULTING ENGINEERS c~ T~ Minnesota Der-,rtment of Transportation District 3B Terry Humbert 3725 12th Street North St. Cloud, MN 56303-2130 Office Tel: (320) 654-5520 Fax: (320) 203-6089 Toll Free: 1-800-657-3961 February 12, 2001 Terry Maner Howard R. Green Company 1326 Energy Park Drive St. Paul, IVIN 55108 Re: TH 10, C.S. 7101 Frontage Road Development Dear Terry: On February 9th we met to discuss some potential redevelopment between 170th Avenue and 173rd Avenue on the south side of TH 10. The development concept showed consolidation of access within the redevelopment. Mn/DoT would support the City's effort to require the developer to consolidate the access as shown on the development concepts. Mn/DOT would also support the City if it chose to look at additional access consolidation on either side of the proposed development. Approximately five years ago, Mn/DOT and the City developed some access concepts along the trunk highway system. These concepts have been constructed on the west side of the City. The proposed development would allow the City and Mn/DOT to work together to now implement parts of the access plan on the east side of the City. The current development plan creates an opportunity to also consider access consolidation and reduction at 170'a Avenue and 173ra Avenue on the south side of TH 10. Development of service roads to consolidate access beyond what is shown in the development, such as at 170th Avenue and 173ra Avenue, may be eligible for Mn/DOT Local Initiative Funding. This process was used to help fund the service road projects previously constructed on the west side of the City. Concepts for Local Initiative Funding would have to be sent to the District 3 State Aid Office by approximately September 1st. Projects would then be screened for funding that would become available in July 2002. If you have any questions or would like to proceed further with discussing access consolidation, please call me or Terry Nichols, who is responsible for our Local Initiative projects. Sincerely, Terrence J. Humbert District 3 Planning Engineer Cc: T. Nichols S. Voss To: Planning Commission Dwight and Jane Kirkeide 11230 173rd Ave. NW Elk River, MN 55330 441-3350 Date: February 27; 2001 Subject: Case No' s ZC 001-4, LU 01-03, P 01-06 and CU 01-09 Requests by Scott Powell for Mississippi Ridge Plat Dear Commissioners, We own the NE 1/4 of the NE 1/4 of section 10, township 32N, range 26W, which is 13 acres between this proposed development and the Mississippi River. It is even with 173rd Ave. on the north and 171st Ave. on the south. Our property is completely w/thin the Wild & Scenic District and will remain so. We intend to remain a Single family-Agricultural use homestead. It is our general belief that people should be allowed to use their property as they wish if their use does not harm others. Because the City has failed to provide us with the same protections that others in the city have received and has failed to enforce the additional protections provided to landowners within the Wild & Scenic District, we are forced to object to aspects of this proposed development that are unlawful and will cause us further harm, to wit: 1. City of Elk River ordinances, comprehensive plan and official zoning map do not comply with the law. "All state, local, and special governmental units, councils, commissions, boards, districts, agencies, departments, and other authorities shall exercise their powers so as to further the purpose of the Minnesota Wild and Scenic Rivers Act and management plans adopted thereunder." ' "In case of conflict between a provision of the Minnesota Wild and Scenic Rivers Act of these parts and some othe~ law of this state or provisions of existing local ordinances, the more protective provisio,J shall apply." This means that each of you as individuals are required by law to read and enforce the actual Minnesota Wild and Scenic Rivers Act instead of Elk River ordinances or official zoning district maps which do not comply. (see Wild, Scenic and Recreational Rivers: Minnesota Rules 6105.0030 also see Minnesota Rules Chapter 6120.2800, Subpart 1., Shoreland and Floodplain Management). Furthermore consider the folloWing: 6105.0230 Reviews and Certification of Local Land Use Decisions., Subpart 1. Procedure established. "In order to ensure that the standards herein are not nullified by unjustified exemptions in particular cases, and to promote uniformity in the treatment of applications for such exceptions, a review and certification procedure is hereby established for certain local land use decisions. These certain decisions consist of any decisions which directly affect the use of land within a wild, scenic, recreational river land use district, and are one of the following types of action: A. Adopting or amending an ordinance regulating the use of land, including rezoning of particular tracts of land. B. Granting a variance from a provision of the local land use ordinance which relates to the zoning dimension provisions of part 6105.00110 and any other zoning dimension provisions established in the management plan. C. Approving a plat which is inconsistent with the local land use ordinance. Subpart 2. Compliance with decision guides. No such action shall be effective unless and until the commissioner has certified that the action complies with the Minnesota Wild and Scenic Rivers Act, the statewide standards and criteria, and the management plan; and conforms to the following decision guides: A. A land use ordinance or amendment must comply with the act," the standards and criter/a, and the management plan. B. The grant of a variance requires the presence of these conditions: (1). The strict enforcement of the land use controls will result in unnecessary hardship. "Hardship" as used in connection with the granting of a variance means the property in question cannot be put to a reasonable use under the conditions allowed by the zoning provisions. Economic considerations alone shall not constitute a hardship if any reasonable use for the property exists under the terms of the ordinance. (2.) Granting of the variance is not contrary to the purpose and intent of the zoning provisions herein established by these standards and criteria, and is consistent with the comprehensive management plan adopted by the commissioner. (3.) There are exceptional circumstances unique to the subject property which were not created by the landowner. (4.) Granting of the variance will not allow any use which is neither a permitted or conditional use in the land use district in which the sub. iect property, is (5.) Granting of the variance will not alter the essential character of the locality as established by the management plan. (6.) Exception: where a setback pattern from the normal high water mark has already been established on both sides of the proposed building site, the setback of the proposed structure may be allowed to conform to that pattern. This provision shall apply only to lots which do not meet the minimum lot width resrictions of the ordinance. C. Approval of a plat which is inconsistent with the local land use ordinance is permissible only if the detrimental impact of the inconsistency is more than overcome by other protective characteristics of the proposal." This means that because commercial uses are not a permitted or conditional use in part 6105.0100, and because lot size smaller than "at least two acres in area and at least 200 feet in width at the building line" are not a permitted or conditional use in part 6105.0110, S ubpart 2., C., and that this action does not comply with any decision guides in part 6105.0230, Subpart 2., the commissioner has no authority under the law to provide certification of approval. This is the same situation in 1999 when the City made several ordinance amendments and zone changes that do not comply with part 6105.02.~0. 2. We will not allow service drives on our property that serve unlawfully approved commercial or higher density residential uses. This service drive has large trucks delivering day and night and high volumes of traffic that were not contemplated as a permitted use street intending to serve primarily as an access to abutting properties. (see MN Rule 6105.0190). You must "provide maximum protection and preservation of the natural environment and minimize any adverse effects which may result from such development.", "avoid wild. scenic, and recreational fiver land use districts whenever_ practicable.", "avoid steep slopes; and avoid scenic intrusion into stream valleys and open exposures of water and by avoiding ridge crests and high points.", "avoid wetlands and run along forests rather than through them". (see MN Rule 6105.0200). This proposed service drive would be a public use of lands within wild, scenic and recreational land use districts. Public use policy requires that "In order to protect the rights of private landowners, to ensure quietude, to prohibit trespassing, to prevent littering, and to maintain the essential quality of wild, scenic, and recreational rivers and their land use districts, the commissioner and local governments shall adopt measures to manage the use and enjoyment of the rivers and their land use districts by the public." "Private lands which may be located within the land use district do not become public in any sense." (see MN Rule 6105.0210, Subpart 1. and see similar language in 6105.0850). Access from highway 10 to our property is via a cartway established as a public highway 2 rods wide on the south side of the section line between section 2 and section 11. (see Final Town Road Order recorded as instrument no. 167593.). Minnesota Statutes 160.09 Change or Vacation of Local Road, Subd. 3. :"Not to be vacated in certain cases. When a county highway or town road is the only means of access to any property or properties containing an area or combined area of five acres or more, '~Rtt.t:l~h_~: road shall not be vacated without the consent of the property, owner unless other means o1' access are provided" Highway 10 is a controlled access highway. The State of Minnesota petitioned .the court to exercised its right of eminent domain to acquired an easement in and to lands described and for the purpose described. The court by an order appointed commissioners with powers and duties to exercise the discretion of the court. "In proper cases they may reserve to the owner a right of way or other privilege in and over the land taken, or attach reasonable conditions to such taking in addition to the damages given or they may make an alternative award, conditioned upon the granting or withholding of the right specified." (see MN Statutes 1998, 117.085 Commissioners, powers, duties.). "The Commissioners Supplemental Report herein recites, iter alia, as follows: "In making our awards as to all parcels, we have taken into consideration in fact that no service drives are to be constructed by the State; and if service drives shall become necessary in the future, due to platting of abutting lands, or for any other reasOn, the same shall be constructed and maintained by the owners of the abutting lands on their own property, and at their own expense; and that crossovers, giving access to both lanes of the highway shall be constructed by the State only as shown on the map hereto attached and made a part of this report, which cross-overs are to be located at the following points, designated by Eng/neer's Stations: "North Leg Station 155 / 70, to serve Parcels 9 and 10; North Leg Station 167 / 00, to serve Township Road; North Leg Station 174 / 35, to serve Parcel 11; North Leg Station 197 / 00, to serve Parcel 13;"(see Final Certificate, No. 63918 in Book N of Misc., page 1.) This means Zane St. crossover will now serve Americlnn and The Crossroads, Parcel 10. !73rd Ave. crossover is to serve 173rd Ave., Township Road. The crossover in front of Elk River Ford is to serve the proposed Mississippi Ridge development between 173rd Ave. and 171st Ave., Parcel 11. The crossover in front of Jerry's is to serve the proposed Mississippi Ridge development between 171 st Ave. and 170th Ave., Parcel 13. "Judgment shall be entered upon the verdict or decision, fixing the amount of damages payable to the several parties concerned and the terms and conditions of the taking and, until reversed or modified in a direct proceeding begun for that purpose, the judgment shall be binding upon the petitioner and all other parties thereto and upon their respective successors and assigns." (see MN Statutes 1998, 117.185) "Upon completion of the proceedings the attorney for the petitioner shall make a certificate describing the land taken and the purpose or purposes for which taken, and reciting the fact of final payment of all awards or judgments in relation thereto, which certificate shall be filed with the court administrator and a certified copy thereof filed for record with the county recorder; which record shall be notice to all parties of the title of the petitioner to the lands therein described." (MN Statutes 1998, 117.205 Final Certificate). 3. Aesthetics: We request that adequate screening and a buffer strip be preserved between our property all commercial, higher density residential, service drives and parking areas, including the entire bluff line along the south end of the development. 4. We will not allow any portion of our property to be taken for any inadequacy of this development including, but not limited to, drainage problems, local or reg/onal parks or trails of any kind due to City approval of higher density residential use here or elsewhere or to benefit any commercial use. We require a binding written agreement with the City so stating. 5. The City will assume joint responsibility with the developer for the success of the wetland mitigation and any other drainage problems. · 6. We will not be assessed for nor required to use municipal sanitary sewer and water. 7. We will not be assessed for any service drives, connections to other roads or replacement of our means of access. 178TH 177TH 175TH 174TH 173RD 172ND 171ST 170TH 16gTH 168TH \ H~L~O~ · C::ZTy PARK \\ II LOCATION o~ MAp I ]ver . 13065 Orono Parkway · P.O. Box 490 CASE.' P 01-06 . Elk River, MN 55330 175'1~1 MR ~ P~K MR 1 ?4TN ~ 73RD 172ND 171ST 169TH 16BTH 167TH LI LR 1661~ 165TH 164TH 163RD 162ND i 161ST CC 16031~ L City of River 13065 Orono Parkway P.O. Box 490 Elk River, MN 55330 LAND USE MAP Existing CASE: LU O 1-03 175TH PARK MR ~ 74-TH L_R 173RD 172ND 1715T i 170'~l 169TH 16BTH L_I Ar of lhangl 167TH 166'~H 165TH 164TH 163RD 162ND 161ST City of 13065 Orono Parkway · P.O. Box 490 Elk River, MN 55330 MR LR LAND USE MAP Proposed CASE: LU 01-03 88~,8 ., 883,6 854,8 51,1 88 x 880,8 1 / / 170TH STREET CONNECTIONi I x e85.1 , m ,' 886.5 ~ ~ ................ ~%$ .... ~-~~~- ~ ~ c co ~ ~ ~3 ~o oo ~ {~ t Il ~%~ ~Vm .~~X%S~ ~ /~ ~ ~ ~ 899. -, .......... '* 9 m g8 . '-~ ~ ~ ~ , ~ ~ '~ _. -- · .....,. -' ,, ' , I hereby ce~ify that thi ..... y, DATE: 1/22/01 R~ DATE DESCRIPTION John Oliver & Associates, Inc. p~... or ~.po, ~.. p,,po~.~ MISSISSIPPI RIDGE ,~ '~.~, '.~ '--~. Z.~ ~'.~'., .... der my direct supe.isi .... d DK/PG: thor I ~m ~ duly Licensed Lond ELK RIVER, MN ~eo 9o~ge ~ .... S.~ey .... der the ' .... f Lhe state E~ River, M{nnea°ta 55330 ~0~ (6~)441-2o72 (F~)441-5665 of ~inne=oto. CHECKED BY: J~K, RUB OWG: 7903P~T.DWG MR. SCOTT POWELL ~u~i~le, Mi~ne~ot~ 55337 Signed: PRELIMINARY PLAT (61~)894-30~5 (?~)8~-304~ Date: 0~/25/01 Re~..o. 21729 FILE NO.: 7903.10-03 \Lond Projects R2~7~O~dwg\790JGRAD.owg. 0t/26/01 01:J2:5£ PM, ;homos 0 ;0 8548~ 173rd Awnu~: NW t MISSISSIPPI RIDGE ELK RIVER, MN FOR MR. SCOTT POWELL PRELIMINARY GRADING PLAN John Oliver & Associates, Inc. 580 ~odge dve~ue EI~ River, Mir~xeaota 55330 (61~)441-~07~ (FAX)441-5685 20t ~ Travelers Trai~ Suite ~00 Bu~ilie, Mi*meeota 55337 ($t£)a94-3045 (FAX)894-3049 t her~ certify that this plan, spegCmm.~n, or report was prepared by me ~.-A~er my direct supervision and that ll/~m/a Licensed Professionot Engineer u~j~ t~ lows of the St~te Signed: /j~'~,~- ' Dote: X Reg. No X' / DATE: 0 !/25/01 DESIGN BY: JBK, TGL DRAWN BY: ]GL CHECKED BY: JBK, WJM OWG: 7903GRAD DWG TEXT: HONE FILE NO.: 790300-03 DESCRIPTION .ond Projecls R2~7903~dwg\7903UltL dwg, O1/2B/01 01:34:10 PM, Thomos I -L 173rd Avec*ue NW I?OIh Avenue NW I her~ certify that this pIc~n. REV John Oliver & Associates, /nc. sp.~,¢~.., or report wos prepared :DATE: O1/,25/,'OI NO, DATE DESCRIPTION MISSISSIPPI RIDGE ,,~,,~.n~.~.~.,, ,.~ ..~,~. ,.~ Ho..i~ by me~er my direct ,.p.,visio~ ~EStO" BY: J~K, TGL and that IJ~m/o Licensed ProJess~on~ ELK RIVER, MN ~ao aox.. ~ .... [.gi ..... ~( ~ .... f th. s,o*. ~RAWN BY: TOE FORpowELL (,~).,-~ (~x)441-~65 , of Mi ..... ta--I/~..l~/ DwGCHECKED BY: JBK, WJM SCOTT 7903UTIL.DWG PRELIMINARY UTILITY PLAN ~.~.,., ~i ..... t..5~3~ S,9.ed'XI-~ TEXT: NONE (612)894-3045 (FAX)894-3049 Date: X Re9 No. iFIL[ NO: 790500-03 Projects R2~790~\dw§\TgO3LAND.dwg. Ct/26/O10'1:33:22 PM, Thomos 1 173rd Avenue NW \ 170th Avenue NW __.__ L'-j I ( Avenue NW MISSISSIPPI RIDGE ELK RIVER, MN FOR SCOTT POWELL PRELIMINARY LANDSCAPE PLAN John Oliver & Associates, Inc. 580 ~o~ge Avelt~e Elk River, Minnesota 55330 (61~)441-~072 (FAX.)441-5665 Bu~ille, Minnesota 55337 (6l~)~94-3045 (FAX)894-3049 I her~,~ certify thot this plon, spec~;;Ln, or report wos preporecl by me~er my direct supervision ond tho~ll~m/o Licensed Professionol Engineer u~ ~ lows of the Store Dote: X Rag No ~ / DESIGN BY: JBK, TGL DRAWN BY: TGL CHECKED BY: JSK, WJM DWG 7903LAND DWC TEXT: NONE FILE NO; DESCRIPTION To: City Council From: Dwight and Jane Kirkeide 11230 173rd Ave. NW Elk River, MN 55330 441-3350 Date: March 19, 2001 Subject: Case No's ZC 001-4, LU 01-03, P 01-06 and CU 01-09 Requests by Scott Powell for Mississippi Ridge Plat Dear Council Members, We own the NE 1/4 of the NE I/4 of section 10, township 32N, range 26W, which is 13 acres between this proposed development and the Mississippi River. It is even with 173rd Ave. on the north and 171st Ave. on the south. Our property is completely within the Wild & Scenic District and will remain so. We intend to remain a Single family-Agricultural use homestead. It is our general belief that people should be allowed to use their property as they wish if their use does not harm others. When the City gives special approval for higher density housing developments it also creates an unfilled need for recreational areas to serve such developments As adjacent property owners, we expect that we will not be asked to fill this need. The Supreme Court of the United States has noted that "this right to exclude others is one of the most essential sticks in the bundle of rights that are commonly characterized as property.." ( see Dolan v. City of Tigard, 1994 and Kaiser Aetna, 444 U.S., at 176.). The City can easily avoid violating our fights by simply acquiring recreational property from willing sellers. Access from highway 10 to our property is via a cartway established as a public highway 2 rods wide on the south side of the section line between section 2 and section 11. (see Final Town Road Order recorded as instrument no. 167593.). Minnesota Statutes 160.09 Change or Vacation of Local Road, Subd. 3. :"Not to be vacated in certain cases. When a county highway or town road is the only means of access to any property or properties containing an area or combined area of five acres or more, the highway or road shall not be vacated without the consent of the property owner unless other means of access are provided." We have not petitioned for the use of the service drive that is a part of this proposed development and we expect that we will not be taxed for it. We have not petitioned for municipal services and would not benefit from them. In fact connecting to municipal services would cause a great deal of destruction to the natural environment of our property. Because others with large lots have not been required to connect to municipal services, we also expect that we will not be taxed for them. We request the equal protection that other have received regarding the screening of commercial activities from adjoining residential areas. For example the solid wood fence behind Menards to Cobom's is of minimal cost, yet provides adequate screening of nuisances (noise, light, etc.) and also provides a measure of security to each. We request that the City will assume joint responsibility with the developer for the success of the wetland mitigation and any associated drainage problems.