6.1. SR 06-04-2001MEMORANDUM
Item # 6. I
TO:
FROM:
DATE:
SUBJECT:
Mayor and City Council
Michele McPherso6~Oirector of Planning
June 4, 2001
Consider Final Plat - Twin Lake Townhomes 2nd Addition
P 01-04, Phoenix Enterprises
Request
The applicant requests that City Council approve the final plat of Twin Lake Townhomes 2nd
Addition.
Location
General description: That part of the Southwest Quarter of the Southwest Quarter of Section
35, Township 33, Range 26, north and west of Twin Lakes Road at the 6~h Street alignment.
Zoning and Land Use
PUD (Planned Unit Development) and MR (Medium Density Residential)
Attachments
· Location Map
· City Engineer's Memo of May 24, 2001
· City Council Minutes of March 12, 2001
· Resolution No. 01-
· Preliminary Plat of Twin Lake Townhomes 2na Addition
Final Plat of Twin Lake Townhomes 2nd Addition
Mayor & City Council/PO 1-04 Final
June 4, 200 I
Page 2
Analysis
At its March 12, 2001 City Council meeting, the Council approved the preliminary plat of Twin
Lake Townhomes 2"d Addition. The preliminary plat contained 46 townhome units arranged as
side-by-side units (23 buildings) on a private street that is an extension from Twin Lake
Townhomes 1st Addition.
The final plat is the west portion of the preliminary plat. A third addition is proposed for the
east portion and will be reviewed by the City Council after the wetland mitigation requirements
are met. The final plat is composed of 32 units in 16 buildings. It is consistent with the
preliminary plat.
Recommendation
Staff recommends that the City Council approve the plat request, as it is consistent with the
preliminary plat approved by the Council on March 12, 2001. The recommendation for
approval of the final plat includes the following conditions:
I. A developer's agreement be prepared and executed outlining the terms and
conditions of plat approval.
2. That the developer provides homeowner association documents for the City
Attorney's review and approval prior to recording of the final plat.
3. That an access permit be obtained from Sherburne County for construction
of the proposed access to County Road No. 13 prior to construction.
e
Surface water management fees be paid in the amount required by the City
at the time of final plat, prior to releasing the plat for recording with
Sherburne County.
Park dedication and trail fees in the amount required by the City at the time
of final plat be paid prior to releasing the plat for recording with Sherburne
County.
6. That the City Engineer's comments be incorporated into the final plat and
site plan.
7. That all landscaped areas be irrigated.
8. That the wetland filling be apprOved prior to final plat and comply with the
recommendations of the Technical Evaluation Panel.
9. That the developer obtains written approval from the utility to grade in the
gas line easement.
10.
That any proposed development signs be shown on the development plan
and that a sign permit be obtained from the City prior to installation of any
signs.
S:\PLANNING\MICHFIC\CCREPRTS\Twin Lake TH 2nd.doc
Mayor & City Council/PO 1-04 Final
June 4, 200 I
Page 3
I I. That the private road be restricted to parking on one side of the street with
signs indicating "no parking".
12. That any trees on or off site near the limits of grading that are to be
protected be fenced with a snow fence prior to tree removal or construction
of the public improvements at the drip line to prevent damage to trees be
inadvertent grading, erosion, soil compaction and storage of debris or
equipment in the trees.
13. That the retaining walls be structurally engineered and fenced.
S:\PLANNING\MICHMC~CCREPRTS\Twin Lake TH 2nd.doc
NLL~nE
Ci~ of
River
13065 Orono Parkway · P.O. Box 490
Elk River, MN 55330
LOCATION
MAP
CASE:zD 01-U4
N
Howard R, Green Company
May 24, 2001
File: 809790j-0240
Ms. Michele McPherson
Director of Planning
City of Elk River
13065 Orono Parkway
P.O. Box 490
Elk River, MN 55330-0490
RE:
TWIN LAKE TOWNHOMES 2ND ADDITION
PLAT REVIEW
Dear Ms. McPherson:
As requested, we have reviewed the final plat for the Twin Lake Townhomes 2nd Addition. The
plat consists of 32 townhouse lots or 16 buildings. It requires approximately 900 feet of
infrastructure extension from the 1st Addition. Based on our review, we would offer the
following comments.
1. In reviewing the grading plan, there are a number of areas where drainage flows across lots
or between lots. An example of this would be storm sewer pipes between Lots 2 and 3 and
between Lots 22 and 23. There is ovedand drainage across the rear of Lots 25 through 28,
and between the side yards of Lots 24 and 25 and Lots 30 and 31. In reviewing the final
plat, there are no easements on the 32 building lots. All of the common area Lot 33 is a
drainage and utility easement. Additional easements will need to be added in the places
referenced above to provide for drainage and utility purposes.
2. When reviewing the grading plan for Lots 10 and 11, the driveways for these two units run
together and actually overlap as they meet the street. This would mean that there is a
potential conflict point for a vehicle backing out of one of these driveways hitting a vehicle
parked in the other driveway. An attempt should be made to slightly modify the skew of one
or both of these buildings to eliminate this problem.
3. The storm sewer in this development should be considered a pdvate utility since the streets
are private. This will likely need to be spelled out in the Developer's Agreement to ensure
there is no confusion at a future date.
If you have any questions regarding these comments, please call.
Sincerely,
Howard R. Green Company
TJM:tw
OAPROJ\809790J\0240~Ltr 05-24-01 McPherson.doc
1326 Energy Park Drive · St. Paul, MN 55108 · 651/644-4389 fax 651/644-9446 toll free 888/368-4389
City Council Minutes Page 2
March 12, 2001
3.6.
REQUEST THAT THE SEASONAL BUILDING INSPECTOR POSITION BE MADE A
FULL TIME POSITION - APPROVED
RESOLUTION 01-12 ENTERING INTO AGREEMENT NO. 81236 WITH MNDOT FOR
ACQUISITION OF LANDSCAPE MATERIALS - APPROVED
COUNCILMEMBER TVEITE SECONDED THE MOTION. THE MOTION CARRIED 5-0.
4.1. Review Use of Funds From Holt/Jackson Land Transaction
City Administrator Pat Klaers stated that the city-owned Holt and Jackson
property has been sold for $348,085. Mr. Klaers suggested that $48,085 be put into
the capital reserve fund, $150,000 into a TIF matching fund for business park
activities, and that $82,546 be used for the ice resurfacer purchase. Mr. Klaers
requested Council direction on the remaining balance of $67,454.
Mayor Klinzing inquired how the $150,000 in the TIF matching fund would be used.
Mr. Klaers stated that the money could be used for past or future TtF projects
where the city has an LGA penalty or a match requirement and that Council
action would be necessary before any funds are spent or transferred.
Councilmember Kuester suggested that the remaining $67,454 balance should
remain undesignated af this time.
COUNCILMEMBER DIETZ MOVED THAT $48,085 BE PUT INTO THE CAPITAL PROJECTS
RESERVE FUND, $150,000 BE PUT INTO A TIF MATCHING FUND, $82,546 FOR THE ICE
RESURFACER PURCHASE, AND THAT STAFF BRING OPTIONS TO COUNCIL AS TO
WHERE THE $67,454 REMAINING BALANCE COULD BE ALLOCATED. COUNCILMEMBER
TVEITE SECONDED THE MOTION. THE MOTION CARRIED 5-0.
Councilmember Motin commented that he may not want to see the remaining
$67,454 balance spent right away.
5. Open Mike
Doug Franz, 19406 Dodge Street- Questioned if Item 6.3. was a public hearing.
Mayor Klinzing stated that the public hearing was closed but Council would listen
to comments.
Michael Mass, 19374 Baldwin Street - Stated he had an issue with the names of
the streets all being similar in the proposed Hillside Development. He also stated
that the proposed width of Dodge Street was too narrow to be safe.
6.1.
Request for Preliminary Plat Approval (Twin Lakes Townhomes 2nd Addition, Public
Hearinq - Case No. P 01-04
Request for Conditional Use Permit for Site Plan - Twin Lake Townhomes 2nd
Addition, Public Hearinq - Case No. CU 01-04
Staff report submitted by Director of Planning Michele McPherson. Senior Planner
Scott Harlicker stated that the developer, Phoenix Enterprises, is requesting
preliminary plat approval of Twin Lakes Townhomes 2nd Addition and that they
would like to amend the site plan for this addition. Mr. Harlicker stated that the
developer has acquired additional land and is requesting to put in an easterly
access on Twin Lakes Road, which would be in compliance with County
City Council Minutes
March 12, 2001
Page 3
requirements. The developer also increased the number of twinhomes from 33 to
46 and changed the setbacks fo 10' for the front, rear, and sides of the
properties. Mr. Harlicker commented on roads, utilities, parking, the Wetland
Conservation Act, grading, landscaping, and the Park and Recreation
Commission's recommendation.
Mayor Klinzing opened the public hearing.
Daryl Thompson, 20680 Watson Street - ,Stated that this new design layout
promoted less traffic cut through in the development for accessing County Road
13. He stated that with the proposed County Road 13 cul-de-sac being changed
he needed to move the access points of the development. Mr. Thompson stated
that he had no problem with the conditions staff has proposed.
Mayor Klinzing closed the public hearing.
Councilmember Kuester stated concerns about the one-way street and on-street
parking. She questioned whether the developer considered off-street parking
areas. Daryl Thompson stated that there would be stacking of vehicles in
driveways and that the eyebrow cul-de-sacs have room for parking.
Councilmember Motin inquired whether the street would be private or city-
owned. Mr. Thompson stated that this would be a private street and that an
association would be responsible for maintenance.
Councilmember Tveite noted the safety concern of having two access points to
the development. Councilmember Tveite also inquired about site grading. Mr.
Thompson stated that he is in the process of creating drainage calculations so
the grading has yet to be determined. City Engineer Terry Maurer stated that
grading is part of the conditions in the staff report and can be adjusted.
Councilmember Motin stated that if the cul-de-sac were proposed for old County
Road 13 at a later date, he is concerned about access to old County Road 13
through the development. Mr. Thompson stated that the road would wind and
be narrow so that vehicles would not want to cut through the development. Mr.
Thompson also suggested that break-away barriers could be used.
COUNClLMEMBER KUESTER MOVED TO APPROVE PRELIMINARY PLAT OF TWIN LAKE
TOWNHOMES 2ND ADDITION WITH THE FOLLOWING CONDITIONS:
1. A DEVELOPER'S AGREEMENT BE PREPARED AND EXECUTED OUTLINING THE
TERMS AND CONDITIONS OF PLAT APPROVAL.
2. THAT THE DEVELOPER PROVIDES HOMEOWNER ASSOCIATION DOCUMENTS
FOR THE CITY AI'i'ORNEY'S REVIEW AND APPROVAL PRIOR TO RECORDING OF
THE FINAL PLAT.
3. THAT AN ACCESS PERMIT BE OBTAINED FROM SHERBURNE COUNTY FOR
CONSTRUCTION OF THE PROPOSED ACCESS TO COUNTY ROAD NO. 13
PRIOR TO CONSTRUCTION.
RESOLUTION NO. 01 -
CITY OF ELK RIVER
A RESOLUTION GRANTING FINAL PLAT APPROVAL FOR:
TWIN LAKE TOWNHOMES 2ND ADDITION
Case No. P 0'1-04
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 March 12, 2001; 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:
Ao
The proposed subdivision is consistent with the Zoning Ordinance
and conforms with all of its requirements.
Bo
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.
Co
The physical characteristics of the site, including , but not limited
to, topography, soils, vegetation, susceptibility to erosion and
3,
o
o
siltation, susceptibility to flooding, and drainage are suitable for the
type and density of development and uses contemplated.
D°
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 one year 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:kPLANNINGkRESOLUTI'XP01-04.doc Page 2
WHEREUPON the resolution is adopted.
Passed and adopted this ~ day of
,2001.
Stephanie Klinzing, 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 ,2001.
WITNESS my hand officially as such Clerk and the corporate seal of the
City this __ day of ,2001.
STATE OF MINNESOTA
SS.
COUNTY OF SHERBURNE
Sandra Peine, City Clerk
The foregoing instrument was acknowledged before me this __
., 2001, by Stephanie Klinzing, Mayor, City of
Minnesota.
Elk
day of
River,
Notary Public
S:\PLANNINGkRESOLI3TIkP01-04.doc Page 3
STATE Of MINNESOTA
SS.
COUNTY OF SHERBURNE
The foregoing instrument was acknowledged before me this ~ day of
,2001, by Sandra Peine, 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
S:\PLANNING\RESOLUTI\P01-04.doc Page 4
EXHIBIT A
Legal Description:
Outlot A, TWIN LAKE TOWNHOMES and Outlot J, TROTT BROOK FARMS,
Sherburne County, Minnesota. Subject to roadway easements.
S:hPLANNINGhRESOLUTIhP01-04.doc Page 5
EXHIBIT B
0
0
0
10.
II.
12.
A developer's agreement be prepared and executed outlining the terms and
conditions of plat approval.
That the developer provides homeowner association documents for the City
Attorney's review and approval prior to recording of the final plat.
That an access permit be obtained from Sherburne County for construction
of the proposed access to County Road No. 13 prior to construction.
Surface water management fees be paid in the amount required by the City
at the time of final plat, prior to releasing the plat for recording with
Sherburne County.
Park dedication and trail fees in the amount required by the City at the time
of final plat be paid prior to releasing the plat for recording with Sherburne
County.
That the City Engineer's comments be incorporated into the final plat and
site plan.
That all landscaped areas be irrigated.
That the wetland filling be approved prior to final plat and comply with the
recommendations of the Technical Evaluation Panel.
That the developer obtains written approval from the utility to grade in the
gas line easement.
That any proposed development signs be shown on the development plan
and that a sign permit be obtained from the City prior to installation of any
signs.
That the private road be restricted to parking on one side of the street with
signs indicating "no parking".
That any trees on or off site near the limits of grading that are to be
protected be fenced with a snow fence prior to tree removal or construction
of the public improvements at the drip line to prevent damage to trees be
inadvertent grading, erosion, soil compaction and storage of debris or
equipment in the trees.
13. That the retaining walls be structurally engineered and fenced.
S:\PLANNEqGXRESOLUTIXP01-04.doc
Page 6
ii10 I
I iI
/
/
PRELIMINARY PLAT
TWIN LAKE TO tYNHOMES 2ND ADDITION
DATE RECEIVED
47
BLOCK
,-25.8
N89'52'20'E
801.53~
~RIFATE $
BLOCK 1
/
/
47
/
/
/
BENCHMARK
]'NH south eost side of Twin Lakee Rood ot
lntersectioo of 5th Street Grid Twin Lokes
Rood. Elevot;on = 913.90 feet,
//
Nsg'52'22'E
209,25
I 47
20 i
/
/
¥
\
\
\ \
\
\ \
LEGAL DESCRIPTION
Outlot A, 'PM~" 'AKE TOWYHOMES . ~ Outlot J, TROTT BROOK FARMS,
~herburne ¢ Mtnnes3io. Sut :~ roOdwoy eosements,
PRELIMINARY PLAT
OWNER
/
/
/
/
/
/
/
/ %
/ %
/
/
GRAPHIC SCALE
TOTAL AREA* 10.40 AC.
LOT AREA 9.96 AC.
R.O.W. AREA (TWIN LAKES ROAD)I 0.44 AC.
NUMBER Of LOTS 47
'"~>- ~)-' "'>)"--," EXISTING STORM SEWER
..... ') ....w .... ~--i EXIS'I1NG SANITARY SE~E:R
...... I ..... I ..... I--I EXISTING WA'rER UNE
-- g g ~- EXISTING UNDERC-ROUND OAS UNE
O I SANITARY OR STORM MANHOLE
~ - CATCH BASIN
~C~ = HYDRANT
~ -, GATE VALVE
~ - ELECTIC BOX
,. FLARED END SECllON
~ I U~]UTY POLE:
~v .SERVtCE
PHOC. NIX EN ~RPRISES
19230 EVANS STREET
ELK RIVER. MINNESOTA
SHEET INDEX
I. PRELIMINARY PLAT
2. SITE & UTILITY PLAN
,3. GRADING PLAN
4, LANDSCAPE PLAN
PRO.CT
TWIN LAKE TOWNHOMES 2ND ADDITION ~E[~ 1 4-
FILE NO. 184620Oi04-[IkRivet/2OOlO4-PRp,dwg
TWIN
LAKES
98.30
SBg'52'22'W
BLOCK 1
GRAPHIC SCALE
inch = 60 ft.
Richard C. Foster, Chief Manager
Atso ~ witness whereof sds First National Sank of Elk River, o Notional Soaking Association. has caused these presents to be signed
by its proper officers this -- day of 2001.
STALE 0~ MINN£SO~'A
Notary Public, -- County,
My Commission Expires
* PlOl~iilll
.4~dr
TO
WNHO MES 2ND
N8g'52'42"E 79.fl
NBg'52'20"E
--801.53--
NOTE:
Lot 33, B~ock I, TWIN LAKES TOWNHOME5 2ND ADDiTiON,
is designated for Drainage & Utility Easement.
STATE OF MINNESOTA
COUNTY (Xr SHERBURNE
Re foeegoing instrument w~s acknowledged before me this --
d~y of -- 2001, by
its -- of F~t Notional 5onk of Elk Ri~. O Nat*o~al
Notary ~ublic, County,
My Con mission Expires
STATE ~ MINNESOTA
COUNTY Of' SHER~URNE
The foregoing instrument was acknowledged before me this d~3y of 2001, by Rich~O C, Fost~, its Chef M~g~
of Phenix Enterprises LLC, a Minnesota Limited Lioblity Company, on behalf o~ ~ c,~p~y.
Notary Public. Count y.
lay Corr, mlgsion Expires
; hereby certify that I ha~e surveyed and platted the property described o~ thh, plat c~, T~N LAKES TOWNHOMES 2ND ~DI~; thai
this plot Is o correct r~ren~totl~ of the ~r~ that oll ~lltonces are c~r~tly ~cwn ~ the plat ~ test ong hundredths of o foot;
(hat all m~um~te ha~ ~ correctly placed ~ the ~nd os ehow~ or ~ll b~rectly ploceo de required by appro~g I~
9overnm~tol unit; that the ~ts~e boundary I~es are correctly ae~gnated ~ the plu~ ~d that there ~e no wetl~ds ~ pu~ic h~hwo~
ADDITION
277,g0
OUTLOT A
F~
, .;,,, ,,,co.
/
(5'
STATE OF' MINNESOTA
COUNTY Of' ANOKA
CITY OF ELK RIVER
SHERBURN£ COUNTY, MN.
Denotes Limited Access
· Denotes iron monument found
Denotes I/2 inch by 14 inch iron monument
~ set and marked with license number 20595
to be set within t year of recording of this plat.
Denotes 1/2 inch by 34 inch iron monument
O set and marked with license number 2175~
For the purposes of this plat. the East llne of
Outlot A, TWiN LAKES TOWNHOMES, has an assumed
bearing of North O0 degrees 08 minutes 14 seconds West.
· 2001, by Torrents E. Rothenbacher,
day of
Notary Public, County.
My Commissi~ Expires
Approved and occepied by the CRy Councg of the City of Elk Rives, Sherborne County, Minnesota at a meeting held this day
of 2001
Elk River City Attorney
Purl~uan[ to Sherburne County C~'dinance Nul~bm' 006, I hereby certify that thi~ plat has been checked and approved as to compfiance
with Chapter 505. lalnneeoto Statues thru Say of 2OO1.
Recommended for approvot this day of 2~O1.
Sherborne County Engineer
Sherborne County Recorder