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6.1. SR 11-04-1996ITEM 6.1. .ity of MEMORANDUM iver TO: Mayor and City Council FROM: Steven B. Ach, City Planner ~q~ DATE: November 4, 1996 SUBJECT: Request for Final Plat Approval, (Cottages of Elk River), by Derrick Investment Co., Case No. P 96-9 Issue Consider Resolution No. 96- , granting final plat approval for Derrick Investment Company (Cottage of Elk River). Attachments · Resolution No. 96-__., granting final plat approval · Final plat · Minutes from previous Planning Commission and City Council meetings Overview On October 7th, the City Council granted prehminary plat approval to Derrick Investment to subdivide approximately 17 acres into 15 townhouse lots and 7 single family lots along 193rd Avenue. The proposed townhouse project will be developed with a private road system along with pubhc utilities. Therefore, there is no dedicated right-of-way as part of this plat; however, pubhc easements are shown throughout the plat, allowing for the extension of pubhc utilities and storm water ponding areas. The final plat that has been prepared and submitted for the Council's consideration is consistent with the development plans that were approved for the townhouse project as a planned unit development. The townhouse project will have one access point off of Jackson Road which will ahgn with Freeport immediately to the east. The project will consist of 59 townhouse units and one clubhouse (15 buildings) that will serve as the development's recreation/activity center. 13065 Orono Parkway · P.O. Box 490 · Elk River, MN 55330 · (612) 441-7420 · Fax: (612) 441-7425 Memo to the Mayor and City Council November 4, 1996 Outlot A Page 2 The final plat includes an area identified as Outlot A which represents the 7 single family lots that were approved as part of the preliminary plat. These lots will be oriented towards 193rd Avenue and have direct access to that street. It is anticipated that this plat will come back before the City Council at a later time when the developer decides to proceed forward with the single family lot development. Until then, the property will remain vacant and will not be included as part of the townhouse project. Park Dedication and Surface Water Management Fee As the developer discussed with the City Council during the approval of the preliminary plat, the park dedication fee and surface water management fee for the townhouse project will be paid at the time of building permit. This condition will be outlined in the developer's and planned unit development agreements for the townhouse project and coordinated with the building department to have these fees collected at the time of building permit. Staff would suggest under this "payment plan," the amount of the park dedication and surface water management fee paid at building permit be based on the current rate. In other words, ff any of the fees are increased in 1997 or anytime thereafter, that new fee will apply to permits issued during that period. It should also be noted the 7 single family lots along the north will need to have the park dedication and surface water management fee paid prior to releasing the final plat for recording, as typically done with other developments. Water Availability Charge The water availability charge of $300 per lot which is paid to Elk River Utilities will need to be paid prior to the release of the final plat for recording at the County. If the developer wants to have this fee paid at the time of building permit, approval from Elk River Utilities should be obtained. This water availability charge is a per lot fee which is basically a down payment towards the actual hookup charge when a building permit is issued. Project Phasing Although the plat will encompass the entire townhouse project, the developer has indicated the installation of utilities will be divided into three phases. The first phase will involve the extension of utilities west of Jackson Road approximately 300 feet to serve Lot 1, Block I allowing the construction of the first building. The second phase will include extending utilities s:\council\derrick3.doc Memo to the Mayor and City Council November 4, 1996 Page 3 further west serving Lots 2 through 6 and 15, completing the northern cul- de-sac. The last phase will be the cul-de-sac extending south serving Lots 7 through 14. Along with any installation of utilities a security is provided to the City to insure completion of the work. The developer will be required to post a security prior to beginning each phase of the utilities and/or grading. Building Permits As mentioned above, first phase of the project will basically involve Lot 1, Block 1. Upon completing the grading of the site, certifying the grading and having a development plan approved, the first building permit may be conditionally approved. Issues relating to availability of utilities, occupancy and adequate access (emergency) will be evaluated when issuing this permit. Recommendation It is recommended that the City Council approve Resolution No. 96-__, granting final plat approval for Derrick Investments (Cottages of Elk River) with the following conditions which are included in the resolution: A DEVELOPER'S AGREEMENT BE PREPARED AND EXECUTED PRIOR TO RELEASING THE FINAL PLAT FOR RECORDING. ° A PLANNED UNIT DEVELOPMENT AGREEMENT BE PREPARED AND EXECUTED PRIOR TO RELEASING THE PLAT FOR RECORDING. ALL OF THE COMMENTS OUTLINED IN TERRY MAURER'S MEMO DATED SEPTEMBER 13, 1996, BE INCORPORATED INTO THE PLAT FOR APPROVAL. ° APPROPRIATE DRAINAGE AND UTILITY EASEMENTS BE PROVIDED THROUGHOUT THE ENTIRE PLAT TO ALLOW THE EXTENSION OF UTILITIES. A CASH PAYMENT BE MADE TO SATISFY THE PARK DEDICATION REQUIREMENTS. PAYMENT OF THIS FEE MAY BE PAID AT THE TIME OF BUILDING PERMIT. THE FEE SHALL BE IN THE AMOUNT REQUIRED BY THE CITY AT THE TIME OF ISSUANCE OF BUILDING PERMIT. THE SURFACE WATER MANAGEMENT FEE MAY BE PAID AT THE TIME OF ISSUING THE BUILDING PERMIT. THE FEE SHALL BE IN THE AMOUNT REQUIRED BY THE CITY AT THE TIME OF ISSUING THE BUILDING PERMIT. THE DEVELOPER HAS AGREED TO PROVIDE THE CITY WITH DOCUMENTATION THAT WILL STATE THE MINIMUM PRICE OF THE HOMES TO BE BUILT ON LOTS 1 THROUGH 7 (OUTLOT A) ALONG 193RD AVENUE. THIS MUST BE PROVIDED PRIOR TO RELEASING THE PLAT FOR RECORDING. s :\council\derrick3.doc Memo to the Mayor and City Council November 4, 1996 Page 4 o A WATER AVAILABILITY CHARGE OF $300 PER LOT BE PAID TO ELK RIVER UTILITIES BE PAID PRIOR TO RELEASING THE PLAT FOR RECORDING. THE DEVELOPER MAY REQUEST ELK RIVER UTILITIES CONSIDER ALLOWING THIS FEE TO BE MADE AT THE TIME OF BUILDING PERMIT ISSUANCE. THE DEVELOPER SHOULD CONSULT WITH ELK RIVER UTILITIES TO DETERMINE ANY ADDITIONAL FEES OR CHARGES THAT MAY BE REQUIRED. ANY STREET LIGHTS REQUIRED BY ELK RIVER UTILITIES BE INCORPORATED INTO THE PROJECT AND BE MADE PART OF THE DEVELOPER'S AGREEMENT. 10. A GRADING PLAN BE PROVIDED FOR REVIEW AND APPROVAL BY THE CITY ENGINEER PRIOR TO COMMENCING WORK ON SITE. 11. A DEVELOPMENT PLAN IDENTIFYING FINISHED FLOOR ELEVATION AND TYPE OF HOME BE PROVIDED TO THE CITY ENGINEER FOR REVIEW PRIOR TO ISSUANCE OF ANY BUILDING PERMITS. 12. DEVELOPER SIGN A PETITION WAIVING RIGHTS TO APPEAL ASSESSMENT FOR THE UTILITIES TO BE INSTALLED AS PART OF THIS PROJECT. 13. THE DEVELOPER BE RESPONSIBLE FOR EXTENDING UTILITIES TO THE WESTERN LIMITS OF THE PLAT. 14. PROPERTY WILL NEED TO BE ASSESSED $3,800.00 PER ACRE FOR TRUNK SEWER AND WATER. 15. AN NPDES PERMIT MUST BE APPLIED FOR PRIOR TO COMMENCING GRADING ON SITE. s :\council\derrick3.doc  5 R I DGEWOOD EAST THI RD I ~3RDAVEtJUEti OUTLOT A 15 LANESBORO HEIGHTS COTTAGES OF ELK RIVER GRAPHIC SCALE Scale In Feet Inch ' I00 Feet Hy-Lond Surveylng~ P,A, Le,*d Su~'Vef~' SHEET 2 OF 3 SHEETS RESOLUTION NO. 96 - CITY OF ELK RIVER A RESOLUTION GRANTING FINAL PLAT APPROVAL FOR: COTTAGES OF ELK RIVER CASE NO. P 96-9 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 October 7, 1996; 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: It is hereby determined by the City Council for the City of Elk River as follows: 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. 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: s:\docoument\resolution\p96-9.doc 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 s:Xdocoument\resolution\p96-9.doc Page 3 STATE OF MINNESOTA SS. COUNTY OF SHERBURNE The foregoing instrument was acknowledged before me this , 1996, by Sandra Thackeray, City Clerk, City of Minnesota. day of Elk River, Notary Public THIS INSTRUMENT WAS DRAFTED BY: DOHERTY RUMBLE & BUTLER 3500 Fifth Street Towers 150 South Fifth Street Minneapolis, MN 55402-4235 s:Xdocoument\resolution\p96-9.doc Page 4 EXHIBIT A All that part of the Southwest Quarter and of the South half of the Northwest Quarter of Section 27, Township 33, Range 26, Sherburne County, Minnesota, which lies North and East of line A described below and which lies South of line B described below and which lies westerly of the westerly rig.hr-of-way line of Minnesota Trunk Highway Number 201 (formerly U.S. Highway No. 169). Beginning at the intersection of the westerly right-of-way line of Minnesota Trunk Highway Number 201 and the North line of the South 1758.92 feet of said southwest quarter; thence South 89 degrees 21 minutes 04 seconds West assumed bearing along the North line of the South 1758.92 feet for a distance of 639.66 feet; thence North 0 degrees 49 minutes 32 seconds West for a distance of 1689.06 feet and said line there terminating. Beginning at a point of intersection of said westerly right-of-way line with the North line of the South 190.20 feet of said northwest quarter; thence South 89 degrees 25 minutes 13 sec9nds West along said North line of the South 190.20 feet for a distance of 882.28 feet; thence southwesterly along a tangential curve, concave to the South, radius 556.51 feet, central angle 19 degrees 21 minutes 06 seconds, length 187.96 feet; thence South 70 degrees 04 minutes 07 seconds West, tangent to said curve and distance of 9..29 feet, more or less, to intersect the afore described Line "A" and there terminating. Except the following described property: That part of the southeast quarter of the northwest quarter of Section 27, Township 33, Range 26, Sherburne County, Minnesota described as follows: Beginning at the intersection of the East and West quarter line with the westerly right-of-way line of Minnesota Trunk Highway .er 201~ thence West. along said East and West quarter line, a · s=.ance, o~ 424.20 feet; thence North at right angles to said quarter kine, a distance of 190.20 feet; thence East parallel with said quarter line a distance of 502.72 feet to said westerly right- of-way line; thence southerly along said westerly right-of-way line a distance of 205.77 feet to the point of beginning. Also except the following described property: That part of the northeast quarter of the southwest quarter of Section 27, Township 33, Range 26, Sherburne County, Minnesota described as follows: Beginning at the intersection of the East and West quarter line with the westerly right-of-way line of Minnesota Trunk Highway Number 201; thence West along said East and West quarter line, a distance of 424.20 feet; thence South at right angles to said quarter line, a distance of 424.20 feet; thence East parallel with said quarter line a distance of 316.04 feet to said westerly right- of-way line; thence northerly along said westerly right-of-way line a distance of 283.45 feet to the point of beginning. o o 10. 11. 12. 13. EXHIBIT B A DEVELOPER'S AGREEMENT BE PREPARED AND EXECUTED PRIOR TO RELEASING THE FINAL PLAT FOR RECORDING. A PLANNED UNIT DEVELOPMENT AGREEMENT BE PREPARED AND EXECUTED PRIOR TO RELEASING THE PLAT FOR RECORDING. ALL OF THE COMMENTS OUTLINED IN TERRY MAURER'S MEMO DATED SEPTEMBER 13, 1996, BE INCORPORATED INTO THE PLAT FOR APPROVAL. APPROPRIATE DRAINAGE AND UTILITY EASEMENTS BE PROVIDED THROUGHOUT THE ENTIRE PLAT TO ALLOW THE EXTENSION OF UTILITIES. A CASH PAYMENT BE MADE TO SATISFY THE PARK DEDICATION REQUIREMENTS. PAYMENT OF THIS FEE MAY BE PAID AT THE TIME OF BUILDING PERMIT. THE FEE SHALL BE IN THE AMOUNT REQUIRED BY THE CITY AT THE TIME OF ISSUANCE OF BUILDING PERMIT. THE SURFACE WATER MANAGEMENT FEE MAY BE PAID AT THE TIME OF ISSUING THE BUILDING PERMIT. THE FEE SHALL BE IN THE AMOUNT REQUIRED BY THE CITY AT THE TIME OF ISSUING THE BUILDING PERMIT. THE DEVELOPER HAS AGREED TO PROVIDE THE CITY WITH DOCUMENTATION THAT WILL STATE THE MINIMUM PRICE OF THE HOMES TO BE BUILT ON LOTS 1 THROUGH 7 (OUTLOT A) ALONG 193RD AVENUE. THIS MUST BE PROVIDED PRIOR TO RELEASING THE PLAT FOR RECORDING. A WATER AVAILABILITY CHARGE OF $300 PER LOT BE PAID TO ELK RIVER UTILITIES BE PAID PRIOR TO RELEASING THE PLAT FOR RECORDING. THE DEVELOPER MAY REQUEST ELK RIVER UTILITIES CONSIDER ALLOWING THIS FEE TO BE MADE AT THE TIME OF BUILDING PERMIT ISSUANCE. THE DEVELOPER SHOULD CONSULT WITH ELK RIVER UTILITIES TO DETERMINE ANY ADDITIONAL FEES OR CHARGES THAT MAY BE REQUIRED. ANY STREET LIGHTS REQUIRED BY ELK RIVER UTILITIES BE INCORPORATED INTO THE PROJECT AND BE MADE PART OF THE DEVELOPER'S AGREEMENT. A GRADING PLAN BE PROVIDED FOR REVIEW AND APPROVAL BY THE CITY ENGINEER PRIOR TO COMMENCING WORK ON SITE. A DEVELOPMENT PLAN IDENTIFYING FINISHED FLOOR ELEVATION AND TYPE OF HOME BE PROVIDED TO THE CITY ENGINEER FOR REVIEW PRIOR TO ISSUANCE OF ANY BUILDING PERMITS. DEVELOPER SIGN A PETITION WAIVING RIGHTS TO APPEAL ASSESSMENT FOR THE UTILITIES TO BE INSTALLED AS PART OF THIS PROJECT. THE DEVELOPER BE RESPONSIBLE FOR EXTENDING UTILITIES TO THE WESTERN LIMITS OF THE PLAT. s:Xdocoument\resolution\p96-9.doc Page 6 14. PROPERTY WILL NEED TO BE ASSESSED $3,800.00 PER ACRE FOR TRUNK SEWER AND WATER. 15. AN NPDES PERMIT MUST BE APPLIED FOR PRIOR TO COMMENCING GRADING ON SITE. s:Xdocoument\r esolution\p 96-9.doc Page 7 Page 3 4.5b. 4.5C. 4.5d. 4.6. 4.7. 5.1a. 5.1b. 5.1c. Discuss Sherburne County Household Hazardous Waste Collection Day Zoning Assistant Kendra Lindahl informed the Council that the Sherburne County household hazardous waste clean up event on September 21 was a success. Code Enforcement Issues Zoning Assistant Kendra Lindahl reviewed code enforcement updates pertaining to 1996 complaints received by the zoning department. Discuss Chanqes to the Wetland Conservation Act Building and Zoning Administrator Steve Rohlf reviewed the significant changes to the Wetland Conservation Act for 1996. Gradin.q Quotes for Baseball/Softball Recreation Fields Street/Park Superintendent Phil Hals indicated that due to the busy time of year he has received only one quote for grading the Cass property, however, he expects to receive two more quotes within the week. COUNCILMEMBER FARBER MOVED TO AUTHORIZE STAFF TO REVIEW THE THREE QUOTES AND TO APPROVE THE LOW QUOTE FOR GRADING OF THE CASS FIELDS PROVIDING THAT THE QUOTE IS UNDER 525,000. COUNCILMEMBER SCHEEL SECONDED THE MOTION. THE MOTION CARRIED 5-0. Consider Meetin,q Date for MSF Worksession Assistant City Administrator Lori Johnson indicated that the City Administrator is requesting the Council to call a special meeting in order to hold a worksession regarding the Minnesota Sports Federation. COUNCILMEMBER SCHEEL MOVED TO CALL A SPECIAL MEETING OF THE CITY COUNCIL ON THURSDAY, OCTOBER 17, AT 6 P.M. TO DISCUSS THE MINNESOTA SPORTS FEDERATION PROPOSAL. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 5-0. Derrick Investment Preliminary Plat Derrick Investment Conditional Use Permit Derrick Investment Rezoninq City Planner Steve Ach indicated that the Council is requested to reconsider the following applications: a) rezoning of approximately 15 acres from R lc to PUD; b) preliminary plat request to subdivide approximately 17 acres into 6 single family lots and 15 townhouse lots; and c) a conditional use permit request for site plan review of a proposed 60 unit senior townhouse project as a planned unit development. Steve Ach indicated that he met with the developer several times to review issues of concern which the Council had on September 16, 1996. Mayor Duitsman reopened the public hearing. t Elk River City Council Meeting October 7, 1996 Page 4 Terry Lenz, 11829 Highland Road, thanked the Mayor and Council for their consideration of the project and indicated that she hoped the project was approved. Councilmember Farber indicated that the development would have a major impact on the neighborhood which would not add to the population of the schools. Councilmember Farber requested the Councilmembers to consider waiving the park and recreation fees. He stated that if the park fees were not waived, the developer could develop the property with single family lots, making the property more dense. Councilmember Scheel indicated she would also like to see the park dedication fees waived. Councilmember Scheel also stated that if the park is going to be a city park, she would like to see it designated as a park for senior citizens. Councilmember Dietz and Mayor Duitsman indicated that they were not in favor of waiving the park dedication fees as it would set a precedence which would affect other developers. Roger Derrick, developer, discussed with the Council eight issues of concern which are as follows: Request that the area assessment for sanitary sewer of $3,800 per acre be waived for the 1.7 acres that will not be used. Eliminate the concrete curb and gutter along the driveways within the project. Eliminate the sidewalk along Highland Road. Waive the requirement to extend the waterline along 193fd Avenue from the projects northeast corner along the cemetery to Holt Street. Authorize grading on the city park property to facilitate the construction of a driveway next to the westerly property line. Approve the preliminary plot with seven single family lots along 193rd Avenue. Authorize the payment of installation of utilities for the townhomes as part of the building permit fee. In addition, consider payment of park dedication and other development fees at time of building permit. Authorization to start grading prior to final plat recording. There being no fudher comments, Mayor Duitsman closed the public hearing. Discussion was held regarding Item #7. City Attorney Peter Beck indicated that staff can work with the developer to address this issue and include language in the planned unit development agreement. This issue would apply only to the fownhomes. After discussion regarding these issues, it was the consensus of the Council to authorize approval of the preliminary plat including Mr. Derrick's conditions numbers 2-8, but excluding condition number 1. Elk River City Council Meeting October 7, 1996 Page 5 COUNCILMEMBER SC:HEEL MOVED TO APPROVE THE PRELIMINARY PLAT FOR DERRICK INVESTMENT COMPANY TO SUBDIVIDE 17 ACRES INTO 7 SINGLE FAMILY LOTS AND 15 TOWNHOUSE LOTS WITH THE FOLLOWING CONDITIONS: A DEVELOPER'S AGREEMENT BE PREPARED AND EXECUTED PRIOR TO RELEASING THE FINAL PLAT FOR RECORDING. A PLANNED UNIT DEVELOPMENT AGREEMENT BE PREPARED AND EXECUTED PRIOR TO RELEASING THE PLAT FOR RECORDING. ALL OF THE COMMENTS OUTLINED IN TERRY MAURER'S MEMO DATED SEPTEMBER 13, 1 ?96, BE INCORPORATED INTO THE PLAT FOR APPROVAL. APPROPRIATE DRAINAGE AND UTILITY EASEMENTS BE PROVIDED THROUGHOUT THE ENTIRE PLAT TO ALLOW THE EXTENSION OF UTILITIES. A CASH PAYMENT BE MADE TO SATISFY THE PARK DEDICATION REQUIREMENTS IN THE AMOUNT REQUIRED BY THE CITY AT THE TIME OF FINAL PLAT OF EACH PHASE. PAYMENT SCHEDULE SHALL BE OUTLINED IN THE PLANNED UNIT DEVELOPMENT AGREEMENT. o METHOD OF PAYMENT OF SURFACE WATER MANAGEMENT FEE TO BE OUTLINED IN THE PUD AGREEMENT. THE DEVELOPER HAS AGREED TO PROVIDE THE CITY WITH DOCUMENTATION THAT WILL STATE THE MINIMUM PRICE OF THE HOMES TO BE BUILT ON LOTS 1 THROUGH 7 ALONG 1?3RD AVENUE. o A WATER AVAILABILITY CHARGE OF $300 PER LOT BE PAID TO ELK RIVER UTILITIES BE PAID PRIOR TO RELEASING THE PLAT FOR RECORDING. THE DEVELOPER MAY REQUEST ELK RIVER UTILITIES CONSIDER ALLOWING THIS FEE TO BE MADE AT THE TIME OF BUILDING PERMIT ISSUANCE. THE DEVELOPER SHOULD CONSULT WITH ELK RIVER UTILITIES TO DETERMINE ANY ADDITIONAL FEES OR CHARGES THAT MAY BE REQUIRED. ANY STREET LIGHTS REQUIRED BY ELK RIVER UTILITIES BE INCORPORATED INTO THE PROJECT AND BE MADE PART OF THE DEVELOPER'S AGREEMENT. 10. A GRADING PLAN BE PROVIDED FOR REVIEW AND APPROVAL BY THE CITY ENGINEER PRIOR TO COMMENCING WORK ON SITE. 11. A DEVELOPMENT PLAN IDENTIFYING FINISHED FLOOR ELEVATION AND TYPE OF HOME BE PROVIDED TO THE CITY ENGINEER FOR REVIEW. 12. DEVELOPER SIGN A PETITION WAIVING RIGHTS TO APPEAL ASSESSMENT FOR THE UTILITIES TO BE INSTALLED AS PART OF THIS PROJECT. 13. THE DEVELOPER BE RESPONSIBLE FOR EXTENDING UTILITIES TO THE WESTERN LIMITS OF THE PLAT. 14. PROPERTY WILL NEED TO BE ASSESSED $3,800.00 PER ACRE FOR TRUNK SEWER AND WATER. Elk River CiW Council Meeting October 7, 1996 COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. COUNCILMEMBER FARBER MOVED TO APPROVE THE CONDITIONAL USE PERMIT FOR SITE PLAN REVIEW OF A 60 UNIT SENIOR TOWNHOUSE PLANNED UNIT DEVELOPMENT FOR DERRICK INVESTMENT COMPANY WITH THE FOLLOWING CONDITIONS: 1. THE REZONING AND PLAT APPROVAL BE ACTED UPON BY THE CITY COUNCIL PRIOR TO APPROVING THE CONDITIONAL USE PERMIT. 2. COMMENTS FROM TERRY MAURER'S MEMO DATED SEPTEMBER 13, 1996, BE INCORPORATED INTO THE SITE PLANS FOR APPROVAL. 3. CONCRETE CURB AND GUTTER BE PROVIDED THROUGHOUT ALL ROADWAYS THAT ARE 30 FEET WIDE. 4. A COMPLETE LANDSCAPING PLAN BE SUBMI1TED FOR REVIEW AND APPROVAL PRIOR TO COMMENCING WORK ON SITE. 5. THE CENTER ISLAND IN THE DRIVEWAY OFF OF JACKSON BE CUT BACK OUT OF THE RIGHT-OF-WAY. 6. ALL LANDSCAPED AREAS SHALL HAVE UNDERGROUND IRRIGATION. 7. THE TOWNHOUSE UNITS DEVELOPED IN THIS PROJECT SHALL CONSIST OF THE FOLLOWING: · CAMBRIDGE- ?70 SQ. FT. · DARTMOUTH- 1,154 SQ. FT. · DEVONSHIRE- 1,175 SQ. FT. · HEATHERTON- 1,412 SQ. FT. · EDINBOROUGH- 1,595 SQ. FT. 8. NO PARKING SIGNS SHALL BE PROVIDED THROUGHOUT THE PROJECT AS REQUIRED BY THE FIRE CHIEF. 9. A COMPLETE LIGHTING PLAN BE SUBMITTED FOR REVIEW PRIOR TO COMMENCING WORK ON SITE. 10. DEVELOPER PROVIDE THE CITY A COPY OF DOCUMENTS SUPPORTING THE SENIOR HOUSING PROJECT. COUNCILMEMBER SCHEEL SECONDED THE MOTION. THE MOTION CARRIED 5-0. COUNCILMEMBER FARBER MOVED TO ADOPT ORDINANCE 96-24, GRANTING THE REZONING OF APPROXIMATELY 15 ACRES FROM R1C, SINGLE FAMILY, TO PUD, PLANNED UNIT DEVELOPMENT, FOR SENIOR HOUSING PROJECT OF 15 BUILDINGS (60 UNITS) FOR DERRICK INVESTMENT COMPANY BASED ON THE FOLLOWING CONDITIONS: 1. THE DENSITY OF THE TOWNHOUSE PROJECT IS CONSISTENT WITH THE CURRENT LAND USE DESIGNATION OF MR (MEDIUM DENSITY RESIDENTIAL) AND OTHER SIMILAR PROJECTS WITHIN THE CITY. Page 6 Elk River City Council Meeting October 7, 1996 Page 7 THE PROJECT IS SERVED BY COLLECTOR STREETS ON TWO SIDES AND THE EXISTING ROADWAY SYSTEM CAN SUPPORT THE TRAFFIC THAT WILL BE GENERATED FROM THE PROPOSED PROJECT. THE REZONING IS A LOGICAL TRANSITION OF LAND USE BETWEEN THE HIGHWAY COMMERCIAL IMMEDIATELY TO THE EAST, MULTI-FAMILY TO THE SOUTH AND SINGLE FAMILY RESIDENTIAL TO THE WEST AND NORTH. THE AVAILABLE INFRASTRUCTURE IS SIZED ACCORDINGLY AND CAN BE EXTENDED TO SERVE THE PROPOSED PROJECT. BY SAVING THE NATURAL RIDGE LINE AND MATURE TREES ON SITE, THE PROPOSED PROJECT MEETS THE INTENT OF A PLANNED UNIT DEVELOPMENT THROUGH CREATIVE DESIGN AND PRESERVATION OF NATURAL RESOURCES. C:OUNCILMEMBER SC:HEEL SEC:ONDED THE MOTION. THE MOTION C:ARRIED 5-0. 6. Open Mike There was no one present. 7. Other Business None presented. 8. Staff Updates None presented. 9. Adjournment There being no further business, COUNCILMEMBER FARBER MOVED TO ADJOURN THE MEETING. COUNC:ILMEMBER SCHEEL SECONDED THE MOTION. THE MOTION CARRIED 5-0. The meeting of the Elk River City Council was adjourned at 7:40 p.m. Respectfully submitted, Sandra Thackeray City Clerk Page 4 portions of land to be able to hunt. The Police Chief suggested that the hunters who have been affected by the rezoning contact the Police Chief to receive permission to hunt on their property. COUNCILMEMBER FARBER MOVED TO AUTHORIZE THE POLICE CHIEF TO GIVE PERMISSION AT HIS DISCRETION TO THOSE RESIDENTS REQUESTING TO HUNT IN R1 e ZONES. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. 5. Open Mike No one appeared for this item. 6.7.6.8. 6.9. Rezoninq, Preliminary Plat and Conditional Use Permit by Derrick Investment Co., Public Hearinq Case No. ZC 96-14, P 96-9 and CU 96-19 City Planner, Steve Ach, indicated that the Council is asked to consider: ~. Rezoning of approximately 15 acres from R lc (Single Family} to PUD (Planned Unit Development). B. Preliminary Plat Request to subdivide approximately 17 acres into 6 single family lots and 15 tawnhouse lots. C. Conditional Use Permit Request for site plan review of a proposed 60 unit Senior Townhouse project as a Planned Unit Development. The location for the proposals is the northwest corner of Highland Road and Jackson Avenue. Steve Ach indicated that based on previous meetings with the City Council and neighborhood residents, the developer has revised the plans to address the issues that have been brought up at those meetings. Steve Ach reviewed the revised plans with the Council. Roger Derrick, developer, also reviewed the revised plans with the City Council. Mr. Derrick indicated that due to the revisions made to the plat, he would be forfeiting 4 lots. Mr. Derrick requested the City Council waive park dedication fees for the forfeiture of the four lots shown in previous plans. Mayor Duitsman opened the public hearing. Ted Hite, 11829 Highland, indicated that he liked the revised plan and thanked those involved including the City Council, Planning Commission, and developer for their effort in working with the residents. Ellie Kretsch, 11865 1 ?3rd Avenue, also indicated that she appreciates the efforts of the Mayor, staff and City Council in working with the residents on this issue. Betty Belanger, 21531 Elk Lake Road, requested that the Council not waive park dedication fees. Jerry Sc. hmidt, indicated that he was in favor of the proposal, however, he would like to See the style and size af the single family homes protected by a convenant placed on the property. City Council Meeting September 16, 1996 Page 5 There being no further comments, Mayor Duitsman closed the public hearing. Mayor Duitsman indicated his support of the project, but stated that he would not vote for waiving the park dedication fee. Councilmember Farber indicated that he agrees that the park dedication should not be waived. Councilmember Scheel questioned how to ensure that the housing units would remain Senior Citizen housing units when sold. Staff indicated that the Planned Unit Development Agreement could include language consistent with the developers request to develop the site as senior housing. Councilmember Dietz questioned the necessity of the sidewalk along Highland due to the fact that it does not lead anywhere. ~ana Anderson, Park and Recreation Commission Representative, indicated that the Park and Recreation Commission feels that due to the pedestrian traffic flow along Highland, a sidewalk is necessary. Dana Anderson further commented that the Park and Recreation Commission is not in favor of waiving the Park Dedication Fees. The Council discussed the need for the sidewalk proposed along Highland Avenue. It was a concern of the Council that a sidewalk would not be effective at this time and could possibly be put in at a later date when improvement work is done along Highland that could include a sidewalk project. Councilmember Dietz indicated that if the City does not include the sidewalk in the plat at this time, that it may be assessed to property owners when put in at a later date. Councilmember Diefz further indicated that he is not in favor of waiving the park dedication fee for the plat. He indicated that the City must be fair and consistent, and further stated that the City has not waived park dedication fees for other developers. Councilmember Dietz further stated that he is not in favor of taking land in lieu of park dedication at this time because of the park land available immediately to the west. Roger Derrick stated that he did not feel it was fair for the Council to request him to make all of the changes to the proposal with no consideration of eliminating the park dedication fees. He indicated that if the Council mandated that park dedication be paid, he would rather dedicate park land than pay cash. Following discussion of the issue with the Council and assuming that the Council would vote for the project without waiving the park dedication fee, Mr. Derrick withdrew his proposal. Councilmember Scheel indicated that the City charges too many fees to the developers. She indicated that staff does not discuss the financial burden to the developer and to the landowner during its review of developments. City Council Meeting September 16, 1996 Page 6 Councilmember Farber indicated that all of the neighbors were in favor of the proposed plan. He stated that he feels that the Council should consider taking land in lieu of cash for park dedication. COUNCILMEMBER HOLMGREN MOVED TO POSTPONE A DECISION ON THIS ISSUE UNTIL OCTOBER 7, 1776. COUNCILMEMBER FARBER SECONDED TIlE MOTION. THE MOTION CARRIED 5-0. Councilmember Farber left at 8:45 p.m. 6.1. 6.2. 6.3. .Matt Smith Request for Administrative Subdivision, Public Hearinq Case No. AS 96-3 Matt Smith Request for Variance, Public Hearinq Case No. V 96-10 .Matt Smith Request for Conditional Use Permit, Public Hearinq Case No. CU 96-20 Planning Assistant Scott Harlicker indicated that Matt Smith is requesting an administrative subdivision to subdivide one parcel into two lots. The Planning Assistant stated that the applicant is also requesting a variance to allow a 5,903 square foot lot in the R3 zoning district which has a minimum lot size of 6,000 square feet. The applicant is also requesting a conditional use permit for a zero lot line development. The affected property is located north of Railroad Drive between Freeport and Evans Street alignments, Lot 1, Block 18, Village of Elk River. Scott Harlicker gave the staff report on these three items. He indicated that the Planning Commission recommended approval of the variance and conditional use permit and that the Park and Recreation Commission recommended a cash dedication for the new lot being created. Mayor Duitsman opened the public hearing. There being no one for or against the matter, Mayor Duitsman closed the public hearing. COUNCILMEMBER DIETZ MOVED TO APPROVE THE ADMINISTRATIVE SUBDIVISION REQUESTED BY MATI' SMITH TO SUBDIVIDE ONE PARCEL INTO TWO LOTS WITH THE FOLLOWING CONDITIONS: AN ADMINISTRATIVE SUBDIVISION APPROVAL TO SUBDIVIDE THE PROPERTY INTO TWO PARCELS IS RECORDED WITH SHERBURNE COUNTY PRIOR TO THE ISSUANCE OF THE CONDITIONAL USE PERMIT. PAVED DRIVEWAYS AND PARKING BE PROVIDED AND SHOWN ON THE SITE PLAN. 3. INDIVIDUAL SERVICES BE PROVIDED TO EACH DWELLING. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 4-0. COUNCIl. MEMBER SCHEEL MOVED TO GRANT A VARIANCE TO MAT[ SMITH TO ALLOW A 5;903 SQUARE FOOT LOT IN THE R3 ZONE WHICH HAS A MINIMUM LOT SIZE OF 6,000 SQUARE FEET BASED ON THE FOLLOWING FINDINGS: THE LITERAL ENFORCEMENT OF THE ORDINANCE WILL CAUSE UNDUE HARDSHIP FOR THE APPLICANT SINCE THERE IS NO OTHER LOCATION FOR THE . PROPOSED PROPERTY LINE AND AN ODD JOG IN THE PROPOSED PROPERTY LINE WILL DEPRIVE THE OWNER OF PARCEL 2 A USABLE BACK YARD.