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5.1. SR 02-26-19965.1. 'ty of River MEMORANDUM TO: FROM: DATE: SUBJECT: Mayor and City Council Steven B. Ach, City Planner~~_~ February 26,1996 Request for Final Plat Approval by Windsor Development (Lafayette Woods), Case No. P 95-2 Issue Consider Resolution No. 96- ., granting final plat approval for Lafayette Woods by Windsor Development, Case No. P 95-2. Location West of Proctor Street and south of the Ridgewood Addition. Zoning/Land Use Rlc (Single Family Residential) / MR (Medium Density Residential) Attachments · Final Plat · Resolution No. 96- · June 19, 1995, City Council Minutes Overview The final plat for Lafayette Woods includes 52 single family lots, along with 7 outlots. The first phase will include construction of streets and utilities to serve the 52 lots extending west off of Proctor Street. Lafayette Woods preliminary plat was approved by the City Council on June 19, 1995. The preliminary plat in total includes 213 single family lots that will be developed over several phases. 13065 Orono Parkway · P.O. Box 490 · Elk River, MN 55330 · (612) 441-7420 · Fax: (612) 441-7425 Memo to City Council Lafayette Woods February 26, 1996 Pedestrian Circulation Page 2 As previously approved as part of the preliminary plat, a six foot sidewalk will be included in this development. The final plat will have sidewalks constructed along 195th Drive, Rush Drive, and Quinn Street to the south. These sidewalks are consistent with those approved as part of the preliminary plat. In addition, there is also a 30 foot trail corridor north of 195th Avenue, providing access to Outlot A, which is proposed to become public open space. See attached for location of sidewalk. Parh Dedication When the preliminary plat was presented to the City Council, there was a desire by the Council to have a combination of both land and cash dedicated to meet the park dedication requirements. Since that time, staff has met with the developer on several occasions to discuss options on how to accomplish a land and cash dedication. The most recent agreement reached with the developers includes a land and cash contribution which seems to be a win-win for both parties. The proposal includes the developers giving cash based on each of the lots in the subdivision to satisfy the park dedication requirement, In addition, the developers will gift as a charitable contribution Outlot A to the City for public open space. Outlots As mentioned, there are 7 outlots included in the final plat. The outlots can be described as follows: Outlot A - This outlot includes approximately 30 acres and is the land that will be a charitable contribution to the City as public open space. This transaction will be a condition of final plat approval with this first phase. Outlot B - It is staffs understanding that the developer will be transferring this property to the property owner immediately to the south to accommodate future subdivision opportunities of their property. Outlot C, Outlot D and Outlot F - The developer has all along expressed an interest in creating a landscaped entrance to the development with boulder retaining walls, deciduous trees, and conifers. There may also include some project identification along with the landscaping. The developer has also indicated that there would be some type of homeowner's association within this development responsible for maintenance of these areas. However, outlots always present a concern s:kcouncilXp95-2x.doc Memo to City Council Page 3 Lafayette Woods February 26, 1996 because of their susceptibility of going tax forfeit and eventually reverting back to the City. Therefore, as in previous plats, staff is recommending that all of the lots in the first phase of the final plat include some ownership to the three outlots located at the entrance point. Outlot E - This outlot has been left as a remnant to be re-subdivided with the property immediately to the south. Although the developer does not have a controlling interest in the property to the south, some concept plans have been put together illustrating how that property could be utilized. · Outlot G - Outlot G is the balance of the property that is included in the preliminary plat and will be re-subdivided as future phases come on line. Fence Along North Property Line One of the conditions added by the Council for approval of the preliminary plat was to evaluate the need of a security fence between the proposed subdivision and Ridgewood 2nd Addition. The developer has expressed his concern of putting a fence through this area and having it detract from the natural characteristics of the property. On the other hand, the Ridgewood property owners have also expressed some interest that residents from the Layfayette Woods development will be trespassing on the Ridgewood ski and park area. One option for the Council to consider would be addressing this fence issue as final plat of a future phase of Layfayette Woods comes forward that directly abuts this Ridgewood 2nd Addition and consider the fence issue at that time. Otherwise, it would be appropriate to resolve the fence issue at this time. Recommendation It is recommended the City Council approve Resolution No. 96-__ granting final plat approval for Lafayette Woods with the following conditions: A development agreement be prepared outlining the terms and conditions for plat approval and installation of improvements. o Comments outlined in the city engineer's memo dated May 17, 1995, be addressed and incorporated into final plans for the development. o A water availability charge in the amount of $300 per lot be paid to Elk River Utilities. Developer should check with Elk River utilities for any additional charges relative to water connection fees. s:\council\p95-2x.doc Memo to City Council Page 4 Lafayette Woods February 26, 1996 4. A surface water management fee in the amount required by the city at the time of final platting be paid prior to recording the plat. o A tree preservation plan be submitted along with a grading plan with each phase of the development to maximize tree preservation during construction; and, that the use of retaining walls and other appropriate methods be utilized to preserve as many trees as possible. o An NPDES permit be obtained for the grading associated with the development. 7. Proper erosion control be provided during the construction. o An additional 17 feet of right-of-way be dedicated along County Road 77. 9. Outlot F be removed from County Road 77 right-of-way. 10. Prior to issuance of any building permits, a development plan be submitted outlining the style of home and finished grades on each lot. 11. The developer reimburse the city for costs associated with reviewing this plat prior recording the final plat with Sherburne County. 12. The developer provide the city with a letter of credit in the amount required by the city to cover the costs of the improvements. 13. Upon completing all of the improvements and having them accepted by the city, a warranty bond in the amount of 25 percent of the improvement costs shall be submitted with the city for a one year period. 14. Sidewalks be provided according to Exhibit C included in the staff report dated June 19, 1995. 15. A complete amenity package be submitted to the city for review. This information shall address the entrances at both Proctor and County Road 1, as well as landscaping and other features proposed for the plat. 16. The recommendations by Tim Edgeton of the Sherburne County Tree Board be incorporated in the revised plans, as stated in his letter to City Planner Steve Ach. s:kcouncil\p95-2x.doc Memo to City Council Page 5 Lafayette Woods February 26, 1996 17. Outlot C, Outlot D, and Outlot F at the Proctor Avenue entrance be included as a partial interest on each of the lots within the development. 18. Future phases of Lafayette Woods be prepared in accordance with the conditions of preliminary plat approval. 19. Park dedication fee be paid on a per lot basis for each lot in the final plat. Subsequent phases will also be required to pay park dedication in the amount required by the city at the time of final plat. This fee will need to be paid prior to releasing the final plat for recording. 20. A review of the possible need for a security fence between the proposed development and Ridgewood subdivision be made by the City Counci! prior to final plat approval of that phase closest to Ridgewood subdivision. 21. Appropriate easements be shown on final plat to cover utilities, wetlands, and drainage areas. 22. The city accept Outlot A as a charitable contribution from the developer. s:Xcouncil\p95-2x.doc CONSULTINGENGINEER~ 1326 Energy Park Drive St. Paul, MN 55108 612-644-4389 1-800-888-2923 Fax: 612-644-9446 CIVIL ENGINEERING: ENVIRONMENTAL MUNICIPAL PLANNING SOLID WASTE STRUCTURAL SURVEYING TRAFFIC TRANSPORTATION ELECTRICAL/MECHANICAL ENGINEERING: HVAC POWER DISTRIBUTION SCADA SYSTEM CONTROLS OFFICES IN: MINNEAPOLIS PRtOR LAKE ST. PAUL WASECA February 23, 1996 File: 230-258-11 Mr. Steve Ach City Planner City of Elk River 13065 Orono Parkway P.O. Box 490 Elk River, MN 55330 RE: LAFAYETTE WOODS FINAL PLAT Dear Mr. Ach: Having just received the revised submittal on Thursday, February 22, 1996, we have not had sufficient time to do a detailed review. Doing a cursory review, it appears that the only changes from the previous submittal are the addition of Lots 5 through 13, Block 4, and Lots 9 and 10, Block 5. With that being our understanding, the following comments are based on our review of the first submittal, comments from the staff review meeting, and various meetings with the Developers. A. FINAL PLAT It is my understanding that Outlot B is proposed to be given to the exception to the plat, that Outlots C, D, and F are for landscaping and island purposes, and, much like Heritage Landing 2nd Addition, will be made part of each lot in the subdivision. This should eliminate any concerns about the outlots and landscaping ultimately becoming the responsibility of the City. It is my understanding that it is also the Developer's intention to have a homeowners' association which will ultimately be responsible for maintenance. Outlot E behind Block 5 is intended for the future development of the property to the south. It is not clear whether the Developer intends to hang onto Outlot E or to sell or give it to the property owner to the south. The detail which shows the typical drainage and utility easements for each lot shows a 6-foot dimension for the side lot easement. This can be reduced to 5 feet. An Equal Opportunity Employer Mr. Steve Ach February 23, 1996 Page Two There are a number of wetlands or low areas which are used for storm drainage runoff in this plat. These need to be protected by drainage easements. There are also a number of areas where drainage from lot to lot will not be along the rear lot line where the typical easements are found, and in these instances additional drainage and utility easements need to be provided. B. GRADING AND DRAINAGE PLAN It will take more time to do a detailed review of the Grading and Drainage Plan which was received yesterday. However, from our previous review, there are a number of issues that we question or believe should be changed. None of these are serious enough issues to affect the approval of the final plat. The biggest issue with this plat will be how to control development. As you are aware, this is a heavily wooded piece of property in which the Developer's intention is to make every effort to minimize the removal of trees during grading and construction activities. I wholeheartedly support these efforts; however, I am concerned that the Development Plan not be subject to change as each building permit is applied for. I believe that the Developer should submit a Development Plan that is exactly followed by the Building Department when reviewing permit applications. If a permit is submitted that deviates from the Development Plan, I would recommend that it not be reviewed unless accompanied by an amendment to the Development Plan submitted by the Developer, which indicates the proposed change for the lot in question and any other lots that may be affected. This will be the only way for the City to control the home building in this development without spending countless hours reviewing and changing the Development Plan themselves. I will follow up in the next few days with a detailed letter commenting on the revised Grading and Drainage Plan. In the meantime, if you have any questions regarding any of these comments, please call. Sincerely, MSA, CONSULTING ENGINEERS TJM:tw 258-2304.feb RESOLUTION NO. 96 - CITY OF ELK RIVER A RESOLUTION GRANTING FINAL PLAT APPROVAL FOR: LAFAYETTE WOODS CASE NO. P 95-2 WHEREAS, application has been made for final plat approval, pursuant to Section 1008.08 (1)(c) of the Elk River City Code of Ordinances, of the property legally described on attached Exhibit A and hereinafter referred to as "the Property"; and WHEREAS, the application for preliminary plat approval has been referred to the Planning Commission which has given its advice and recommendation to the City Council; and WHEREAS, a preliminary plat of the Property was approved by the City Council on June 19, 1995; and WHEREAS, the proposed final plat is consistent with the preliminary plat as approved by the City Council; and WHEREAS, the proposed final plat complies with each of the conditions set forth by the City Council in its approval of the preliminary plat of the Property; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELK RIVER, as follows: 1. It is hereby determined by the City Council for the City of Elk River as follows: Ao The proposed subdivision is consistent with the Zoning Ordinance and conforms with all of its requirements. The proposed subdivision is consistent with all applicable general and specialized city, county, and regional plans including, but not limited to, the City's Comprehensive Development Plan. o The physical characteristics of the site, including, but not limited to, topography, soils, vegetation, susceptibility to erosion and siltation, susceptibility to flooding, and drainage are suitable for the type and density of development and uses contemplated. The proposed subdivision makes adequate provision for water supply, storm drainage, sewage transportation, erosion control and all other services, facilities and improvements otherwise required herein. The proposed subdivision will not cause substantial environmental damage. The proposed subdivision will not conflict with easements of record or with easements established by judgment of a court. The proposed subdivision will not have an undue or adverse impact on the reasonable development of neighboring land. Final plat approval is hereby granted for the Property, subject to the conditions set forth in attached Exhibit B. The officers of the City are hereby authorized, once the conditions set forth in Exhibit B are met and complied with, to sign the final plat for the Property and to issue a certified copy of this Resolution giving final approval of the plat. The owner of the Property is authorized to record the final plat as required by law and shall file proof of said recording with the City. No building permits will be issued for the Property until the final plat is recorded. This final plat approval shall expire two years from the date of this resolution if the final plat is not recorded within that time. The foregoing resolution was introduced by Council Member and duly seconded by Council Member The following voted in favor of the Resolution. The following voted against the Resolution: The following were absent: Page 2 WHEREUPON the resolution is adopted. Passed and adopted this __ day of ,1996. Henry Duitsman, Mayor CERTIFICATE STATE OF MINNESOTA COUNTY OF SHERBURNE CITY OF ELK RIVER I, the undersigned, being the duly qualified and acting Clerk of the City of Elk River, Minnesota, hereby certify that the above resolution is a true and correct copy of the resolution as adopted by the City Council of the City of Elk River on ,1996. WITNESS my hand officially as such Clerk and the corporate seal of the City this ~ day of ,1996. Sandra Thackeray, City Clerk STATE OF MINNESOTA SS. COUNTY OF SHERBURNE The foregoing instrument was acknowledged before me this __ , 1996, by Henry Duitsman, Mayor, City of Minnesota. Elk day of River, Notary Public Page 3 STATE OF MINNESOTA SS. COUNTY OF SHERBURNE The foregoing instrument was acknowledged before me this __ day of ., 1996, by Sandra Thackeray, City Clerk, City of Elk River, Minnesota. Notary Public THIS INSTRUMENT WAS DRAFTED BY: DOHERTY RUMBLE & BUTLER 3500 Fifth Street Towers 150 South Fifth Street Minneapolis, MN 55402-4235 Page 4 EXHIBIT A Page 5 EXHIBIT B A development agreement be prepared outlining the terms and conditions for plat approval and installation of improvements. e Comments outlined in the city engineer's memo dated May 17, 1995, be addressed and incorporated into final plans for the development. A water availability charge in the amount of $300 per lot be paid to Elk River Utilities. Developer should check with Elk River utilities for any additional charges relative to water connection fees. A surface water management fee in the amount required by the city at the time of final platting be paid prior to recording the plat. e A tree preservation plan be submitted along with a grading plan with each phase of the development to maximize tree preservation during construction; and, that the use of retaining walls and other appropriate methods be utilized to preserve as many trees as possible. o An NPDES permit be obtained for the grading associated with the development. 7. Proper erosion control be provided during the construction. An additional 17 feet of right-of-way be dedicated along County Road 77. 9. Outlot F be removed from County Road 77 right-of-way. 10. Prior to issuance of any building permits, a development plan be submitted outlining the style of home and finished grades on each lot. 11. The developer reimburse the city for costs associated with reviewing this plat prior recording the final plat with Sherburne County. 12. The developer provide the city with a letter of credit in the amount required by the city to cover the costs of the improvements. 13. Upon completing all of the improvements and having them accepted by the city, a warranty bond in the amount of 25 percent of the improvement costs shall be submitted with the city for a one year period. 14. Sidewalks be provided according to Exhibit C included in the staff report dated June 19, 1995. Page 6 15. A complete amenity package be submitted to the city for review. This information shall address the entrances at both Proctor and County Road 1, as well as landscaping and other features proposed for the plat. 16. The recommendations by Tim Edgeton of the Sherburne County Tree Board be incorporated in the revised plans, as stated in his letter to City Planner Steve Ach. 17. Outlot C, Outlot D, and Outlot F at the Proctor Avenue entrance be included as a partial interest on each of the lots within the development. 18. Future phases of Lafayette Woods be prepared in accordance with the conditions of preliminary plat approval. 19. Park dedication fee be paid on a per lot basis for each lot in the final plat. Subsequent phases will also be required to pay park dedication in the amount required by the city at the time of final plat. This fee will need to be paid prior to releasing the final plat for recording. 20. A review of the possible need for a security fence between the proposed development and Ridgewood subdivision be made by the City Council prior to final plat approval of that phase closest to Ridgewood subdivision. 21. Appropriate easements be shown on final plat to cover utilities, wetlands, and drainage areas. 22. The city accept Outlot A as a charitable contribution from the developer. s:\documentkresolutikp95-2.doc Page 7 Scale: I inch = I00 feet. For the purposes of this plat, the North line of the N.E. I/4 of Sec. T. 54, R. 28, is assumed to bear North 89° 26' 08" East. o Denotes I/2 inch x 14 inch iron monument set with a plastic plug stamped R.L.S. 8194. · Denotes t/2 inch x ~4 inch iron monument with a plastic plug stamped R.L.S. 8194, to be set within I year of reccrding this plat, unless otherwise noted. · Denotes iron monument found. Drainage and Utility Easements ore shown thus: ~o ii ~0 Being I0 feet in width end adjoining right-- of-way lines, unless otherwise indicsted, also being 6 feet in width and adjoining lot lines, un,ess otherwise indicated, as shown on the plat. ~oo N GRAPHIC SCAL~ 0 50 1 O0 2O0 SCALE IN FEET // of the N.W. t/4. Sec~ ~ ~"--* Noe~ Ilne of ~th I/2 of the N.W. V4, Sec. 25. LAFAYETTE of N!w ,~ A Sherburne' 8535 2'J/'W J N~7'~9'23"E OUTLOT G WOODS \ ': I 5 I (--North~iine of N.W.I I/4 of ,.E. 1,4. J '~ N89~i4,fO"E 1017.50~ OUTLOT A ;,-'2-'' R=.450.72 8 1 4 MATCH LINE B SEE SHEET 4 OF 4 SHEETS OUTLOT E Z N89eo4'47"E Ea~ Ik~e of N.W. Sec. 2.% T. 33. R. ,26. ~6g.~O ~'"'~ South Jlnm of North I/2 of NE ¥4, Sec. 28, T. 33, ~. 26.~' CITY OF ELK RIVER, SHERBURNE COUNTY, MN. H- N.E- Comer of Sec_ 28. T. 55. R. 26. A Sherbume County Monument. ~ .. ~. R.26.-- ~ ,. lime of North 250 ft. I umsm I DELTA 11.53 2'52'16' o,U°'// / z*/ / , / 259.05 496.69 / / John DETAIL NO SCN..E Oliver ~c Associates SHEET 2 OF 4 SHEETS CITY OF ELK RIVER, LAFAYETTE WOODS '\ \ \ ~-~ \ ;;~ ;T', ;';T ;" /--North line of N.W. J/4, Sec. 28, T. 33, R. 26. ;;', ~T~ ~';T ~.~, ~ / 489ot9'39"E 2072.85 OUTLOT A % OUTLOT of ~ · ~,¢£ ~,.7.~ I/2~of N.W. I/4-, Sec. 2~ T. ~'---MATCH LINE B--"~ SEE: SHEET 4 OF' 4 SHEETS ,/ G SHERBURNE COUNTY, MN. Scale: I inch = I00 feet. For the purposes of this plat, the Nor~d~ tine of the N.E. I/4 of Sec. 4, T. 34, R. 28, is assumed to bear North §9° 26' 08" East. o Denotes I/2 inch x 14 inch iron monument set with a plastic plug stamped R.L.S. 8194. e Denotes I/2 inch x 14 inch iron monument with a plastic plug stamped R.L.S. 8194, to be set within I year of recording this plot, unles~ otherwise noted. · Denotes iron monument found. Drainage and Utility Easements ore shown thus: _._,_~J_ ...... _J ~ ....... 2° I Being t0 feet in width and adjoining right- of-way lines, unless otherwise indicated, also being 6 feet in width and adjoining lot lines, unless otherwise indicated, os shown on the plot. N GRAPHIC SCALE 100 0 50 100 200 John Oliver $c Associates SHEEr 3 OF 4 SHEETS 100 GRAPHIC SCALE 0 50 1 O0 200 SCALE IN FEET Scale: I inch = I00 feet. For the purposes of this plat, the North line of the N.E. I/4 of Sec. 4, T, .]4, R. 28, is assumed to bear North 89* 26' 08" East. o Denotes I/2 inch x 14 inch iron monument set with o plastic plug stomped R.L.S. 8194, e Denotes I/2 inch x 14 inch iron monument with a pR~stic plug stamped R.L.$. 8194, to be set within I year of recording this plat, unless otherwise noted. · Denotes iron monument found. Drainage end Utility Easements ere shown thus: Being I0 feet in width end adjoining right-- of--way lines, unless otherwise indicated, also being 6 feet in width and adjoining lot tines, unless otherwise indicated, os shown on the plat. A Shecburne County monument. LAFAYETTE WOODS l, \ / \ ¢\ \ \ I \x\ \ \ \ \% \ \ \ SEE SHEET ,5 OF 4 SHEETS MATCH LINE B OUTLOT G ~ 193RD AVenUE of \ ~e ~ N.W. I/4 of Sec. 28, T. CITY OF ELK RIVER, SHERBURNE COUNTY, MN. N8S"25'45'W 250.70 R. 26. ~ ~ I John Oliver 3c Associates SHEET 4 OF 4 SHEETS \ ..9 \ ,:)uTL.,:~J. c t T CITY O.F ELI( RIVE.R, SHERBUI~NF. COUNTY, ~-: :Z- - '" ' MN. L /I. LAFAYETTE WOODS For PRELBIAINARY PLAT I OF 8 GRAP~C ~CJ~E \- AVE HW ? \ \ :-.9!:::'-' I .% T LAFAYETTE WOODS PRET. MNAR Y PLAT Elk River City Co,Jnc.~.,~inules June 19, 1995 ~'" ' Page 11 COUNCIl.MEMBER SCHEEL MOVED TO APPROVE THE ADMINISTRATIVE SUBDIVISION REQUESTED BY GERALD SNEFT TO DIVIDE A 28.67 ACRE PARCEL INTO A 10.40 ACRE PARCEL AND A 18.27 ACRE PARCEL WITH THE FOLLOWING CONDITIONS: 1. PAYMENT OF PARK DEDICATION IN THE AMOUNT OF $500 BE PAID TO THE CITY PRIOR TO RECORDING. PAYMENT OF SURFACE WATER MANAGEMENT IMPACT FEE IN THE AMOUNT OF $61.80 BE PAID TO THE CITY PRIOR TO RECORDING. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 4- 0. 7.10. 7.11. 7.12. Councilmember Scheel noted that although she voted to approve the subdivision request she did not agree with the city requiring park dedication fees and surface water management impact fees. .Windsor Development Reauest for Preliminary Plat Approval, Lafayette Woods, .Public Hearinq, Case No. P 95-02 .Windsor Development Request for Land Use Amendment for the Urban Servica Area, Public Hearinq, (~ase No. LI, IA 9,5-03 Windsor Development Request for Zone Chancle from Rla to Rlc, Public Hearth.Ch Case No. ZC 95-03 City Planner Steve Ach indicated that Windsor Development is requesting an amendment to the Comprehensive Plan to expand the urban service boundary further north to accommodate the proposed development plan. He explained that approximately half of the proposed development is currently outside of the urban service area and the southern half is within the current urban service boundary. Steve Ach noted tha~ the Steering Committee and Planning Commission recommended expanding the urban service boundary as requested by the applicant. Steve Ach noted that the applicant is requesting to rezone approximately 80 acres from Rla single family residential to Rlc single family residential. He noted that Rlc zoning would allow minimum lot sizes of 10,000 square feet. He further 'indicated that the current zoning of Rla, which requires a minimum lot size of 21/2acres would no longer be the appropriate zoning if the urban service area is expanded further to the north. Steve Ach noted that the applicant is also requesting preliminary plat approval to subdivide approximately 120 acres into single family residential lots. It was mentioned that given the project's size, the final plat will most likely occur in phases. Steve Ach reviewed the summary of issues regarding the preliminary plat as stated in the staff memo dated June 19, 1995. The Council discussed the issue of 193rd Avenue. Steve Ach indicated that there are three options for 193rd Avenue which include improving the road to serve local traffic, vacating the road now, or vacating the road in the future. It was the consensus of the Council that 193rd Avenue should remain in place and that there be no improvements made at this time. Elk River City Council Minutes Page 12 June 19, 1995 The City Council discussed the issue of park dedication and trail systems and sidewalks. ' --. Mayor Duitsman opened the public headng. John Bog-rd, John Oliver's office, representing Ran Basfyr, the developer, discussed the design concepts of the preliminary plat. Councilmember Holmgren questioned the impact that o trail behind the homes would have. He suggested that a trail behind the development would encourage break-ins in the homes. He suggested that the trail be provided for those that live within the plat only. Tom Dillon, Planning Commission representative, indicated it was the consensus of the Planning Commission that sidewalks be included within the plat for the safety of the children and because of the closeness of the plat to Meodowvale School. There being no further comments, Mayor Duitsman closed the public headng. COUNCIl. MEMBER DIETZ MOVED TO ADOPT RESOLUTION 95-3,~, A RESOLUTION AMENDING THE COMPREHENSIVE PLAN TO CHANGE THE URBAN SERVICE BOUNDARY, CASE NO. LUA 95-03. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 4-0. COUNCILMEMBER HOLMGREN MOVED TO ADOPT ORDINANCE 9,~-13, AN ORDINANCE AMENDING THE CITY OF ELK RIVER ZONING MAP TO REZONE CERTAIN PROPERTY FROM R1A, SINGLE FAMILY RESIDENTIAL TO R1C, SINGLE FAMILY RESIDENTIAL, CASE NO. ZC 95-03. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 4-0. The City Council discussed Outlot A which is proposed to be deeded to the city as open space in lieu of park dedication fees. Councilmember Holmgren indicated that he would like to see an area made into o park for children. Steve Ach indicated that Outlot A is heavily wooded, includes a wetland, and has a large change in topography. He stated that the property would not be conducive for a developed or active neighborhood park. Councilmember Dietz indicated that he felt the trail system was a good idea as the city is trying to incorporate this parcel into its overall trail system. Mayor Duitsman indicated his concern regarding the residents of this development accessing and using the pdvate facilities owned by the Ridgewood development to the north. Discussion was held regarding the possibility of requesting the developer to construct fencing between the two developments. Councilmember Dietz indicated that he would be interested in splitting the park dedication land and cash donation so the city can use the cash to start developing some of the land it currently owns. Mayor Duitsman suggested leaving 193rd Avenue unapproved at the present time until the city knows what the overall transportation plan will provide. Elk River City' Count: ~inules June 19, 1995 Page 13 Discussion was held regarding the sidewalks. Terry Maurer noted that if sidewalks are provided along all of the streets in the development, they will hove an impacl on the grading of the lots and a potential for additional tree loss. It was the consensus of the Council to approve Exhibit C as the sidewalk design for the subdivision. COUNCILMEMBER HOLMGREN MOVED TO APPROVE THE PRELIMINARY PLAT OF WINDSOR DEVELOPMENT TO SUBDIVIDE APPROXIMATELY 120 ACRES INTO SINGLE FAMILY LOTS WITH THE INCLUSION OF CONDITIONS RELATING TO PARK DEDICATION AND SECURITY ON THE NORTHERN EDGE OF THE PROPERTY TO BE DETERMINED PRIOR TO FINAL PLAT AND BASED ON THE FOLLOWING CONDITIONS: o A DEVELOPMENT AGREEMENT BE PREPARED OUTLINING THE TERMS AND CONDITIONS FOR PLAT APPROVAL AND INSTALLATION OF IMPROVEMENTS. COMMENTS OUTLINED IN THE CITY ENGINEER'S MEMO DATED MAY 17, 1 BE ADDRESSED AND INCORPORATED INTO FINAL PLANS FOR THE DEVELOPMENT. EXCLUDING THE REFERENCE MADE TO SIDEWALKS THROUGHOUT THE DEVELOPMENT, THE PARK AND RECREATION COMMISSION RECOMMENDATION OF MAY 10, 1 ??5 BE INCORPORATED INTO THE DEVELOPMENT. A WATER AVAILABILITY CHARGE IN THE AMOUNT OF $300 PER LOT BE PAID TO ELK RIVER UTILITIES. DEVELOPER SHOULD CHECK WITH ELK RIVER UTILITIES FOR ANY ADDITIONAL CHARGES RELATIVE TO WATER CONNECTION FEES. A SURFACE WATER MANAGEMENT FEE IN THE AMOUNT REQUIRED BY THE CITY AT THE TIME OF FINAL PLA'Fi'lNG BE PAID PRIOR TO RECORDING THE P LAT. ALL OF THE APPROPRIATE PERMITS TO FILL AND MITIGATE WETLANDS BE APPROVED PRIOR TO FINAL PLAT APPROVAL. IF THOSE PERMITS CANNOT BE OBTAINED, THE PLAT BE REDESIGNED TO AVOID THE WETLANDS. THE FOLLOWING AREAS OF THE PLAT BE GIVEN FURTHER CONSIDERATION PRIOR TO FINAL PLAT APPROVAL: REDESIGNING THE LOTS AND UPLAND AVENUE AT THE SOUTHWEST ..- CORNER OF THE PLAT. THE AREA AROUND 1 751'H COURT BE FURTHER EXAMINED WITH A TREE INVENTORY TO DETERMINE THE APPROPRIATE LOT LAYOUT TO MAXIMIZE THE NUMBER OF TREES SAVED. ELIMINATING ONE LOT FROM 1 ?STH CIRCLE ELIMINATING ONE LOT FROM THE AREA OF TIPTON COURT AND 1 ?6TH CIRCLE. A TREE PRESERVATION PLAN BE SUBMITTED ALONG WITH A GRADING PLAN WITH EACH PHASE OF THE DEVELOPMENT TO MAXIMIZE TREE PRESERVATION DURING CONSTRUCTION: AND, THAT THE USE OF Elk River Cit.v Councfl A{inu,es ,}une 19, 1995 Page 14 RETAINING WALLS AND OTHER APPROPRIATE METHODS BE UTILIZED TO PRESERVE AS MANY TREES AS POSSIBLE. AN NPDES PERMIT BE OBTAINED FOR THE GRADING ASSOCIATED WITH THE DEVELOPMENT. 10. 11. PROPER EROSION CONTROL BE PROVIDED DURING THE CONSTRUCTION. AN ADDITIONAL 17 FEET OF RIGHT-OF-WAY BE DEDICATED ALONG COUNTY ROAD 77. 12. PRIOR TO ISSUANCE OF ANY BUILDING PERMITS, A DEVELOPMENT PLAN BE SUBMITTED OUTLINING THE STYLE OF HOME AND FINISHED GRADES ON EACH LOT. 13. THE DEVELOPER REIMBURSE THE CITY FOR COSTS ASSOCIATED WITH REVIEWING THIS PLAT PRIOR TO FINAL PLAT REVIEW BY THE CITY COUNCIL. 14. THE DEVELOPER PROVIDE THE CITY WITH A LETTER OF CREDIT IN THE AMOUNT REQUIRED BY THE CITY TO COVER THE COSTS OF THE IMPROVEMENTS. 15. 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 WITH THE CITY FOR A ONE YEAR PERIOD. 16. SIDEWALKS BE PROVIDED ACCORDING TO EXHIBIT C INCLUDED IN THE STAFF REPORT DATED JUNE 19, 1995. 17. 18. AN EASEMENT FOR TRAIL ACCESS BE PROVIDED ON A PORTION OF THE NORTHEAST T-SHAPED CUL-DE-SACS TO ALLOW ACCESS TO THE PROPOSED PARK IN OUTLOT A.. A COMPLETE AMENITY PACKAGE BE SUBMITTED TO THE CITY FOR REVIEW. THIS INFORMATION SHALL ADDRESS THE ENTRANCES AT BOTH PROCTOR AND COUNTY ROAD 1, AS WELL AS LANDSCAPING AND OTHER FEATURES PROPOSED FOR THE PLAT. 19. THE RECOMMENDATIONS BY TIM EDGETON OF THE SHERBURNE COUNTY TREE BOARD BE INCORPORATED IN THE REVISED.PLANS, AS STATED IN HIS LETTER TO THE CITY PLANNER, STEVE ACH. 20. THE STATUS OF OUTLOTS C AND D AT THE PROCTOR AVENUE ENTRANCE BE RESEARCHED TO DETERMINE THE BEST SOLUTION TO ACCOMMODATE THE CITY'S AND THE DEVELOPER'S BEST INTERESTS TO ESTABLISH A LANDSCAPED ENTRANCE. 21. DEVELOPER BE RESPONSIBLE FOR GRADING AND PROVIDING THE APPROPRIATE (CLASS $) BASE WITHIN EACH OF THE TRAIL CORRIDORS EXTENDING FROM THE DEVELOPMENT TO EITHER THE CITY TRAIL OR TO OUTLOT A. Elk River City Council ~utes e ,June 19, 1995 22. 23. 24. Page 15 ADDITIONAL LANDSCAPING BE PROVIDED ALONG THE SOUTH PROPERTY LINES OF THOSE LOTS ADJACENT TO 1?3RD AVENUE. PRIOR TO FINAL PLAT APPROVAL, AN AGREED UPON CASH PAYMENT FOR PARK DEDICATION BE RECOMMENDED TO THE CITY COUNCIL. A REVIEW OF THE POSSIBLE NEED FOR A SECURITY FENCE BETWEEN THE PROPOSED DEVELOPMENT AND RIDGEWOOD SUBDIVISION. THE DETERMINATION OF WHETHER A SECURITY FENCE IS NEEDED SHALL BE MADE BY THE CITY COUNCIL PRIOR TO FINAL PLAT APPROVAL. MAYOR DUITSMAN SECONDED THE MOTION. THE MOTION CARRIED 4-0. 7.14. .City of Elk River Request for Ordinance Amendment, Zero Lot Development, Public Hearinq, Case No. aA 95-03 Planning Assistant Gary Schmitz indicated that the City of Elk River is requesting to amend various sections of the City Code related to zero lot line developments. Gary noted that the city is requesting that zero lot developments be allowed as a permitted use in commercial and industrial zoning districts with certain conditions to ensure that the zero lot line development will be done correctly. Mayor Duitsman opened the public hearing. There being no one for or against the matter, Mayor Duitsman closed the public hearing. COUNCILMEMBER HOLMGREN MOVED TO ADOPT ORDINANCE 75-14, AN ORDINANCE AMENDING SECTIONS 900.20 AND 900.12 OF THE CITY OF ELK RIVER CODE OF ORDINANCES RELATING TO ZERO LOT LINE DEVELOPMENTS IN ALL ZONING DISTRICTS. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 4-0. 7.15. City of Elk River Request for Resolution Grantinq Extension to Moratorium of Subdivisions, Public Hear'in.q, Case No. aA 94-0? City Planner Steve Ach requested the Council to consider a resolution granting a six month extension to Ordinance 94-7 which establishes a moratorium on subdivisions of land outside the city's current urban service area. COUNCILMEMBER DIETZ MOVED TO ADOPT A RESOLUTION GRANTING A SlX MONTH EXTENSION TO ORDINANCE 94-7 ESTABLISHING A MORATORIUM ON SUBDIVISIONS OF LAND OUTSIDE THE CITY'S CURRENT URBAN SERVICE AREA. COUNClLMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 3- 1. Councilmember Scheel opposed. 7.16. ,City of Elk River Reauest for Amendments to Various Sections of the Subdivision Ordinance COUNCILMEMBER HOLMGREN MOVED TO CONTINUE THIS ISSUE UNTIL JULY 17, 1995. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 4- O.