6.3. SR 06-18-2001MEMORANDUM
Item #
6.3.
TO.'
FROM:
DATE~
SUBJECT:
Mayor and City Council
Michele McPherson, Director of Planning
June 18, 200 I
Consider Final Plat - Twin Lake Townhomes 3rd Addition
P 01 - I 0, Phoenix Enterprises
Request
The applicant requests that City Council approve the final plat of Twin Lake Townhomes 3ra
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 6th Street alignment.
Zoning and Land Use
PUD (Planned Unit Development) and MR (Medium Density Residential)
Attachments
· Location Map
· City Engineer's Memo of June 11, 2001
· City Council Minutes of March 12, 2001
· Resolution No. 01-
· Preliminary Plat of-~win Lake Townhomes 2nd Addition
· Final Plat of Twin Lake Townhomes 3ra Addition
Mayor & City Council/PO I- I 0 Final
June 18, 2001
Page 2
Analysis
At its March 12, 2001 City Council meeting, the Council approved the preliminary plat of Twin
Lake Townhomes 2nd 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 1,t Addition.
The final plat of Twin Lake Townhomes 3rd Addition is the east portion of the preliminary plat.
The final plat is composed of 14 units in 7 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\MICHMC\CCREPRTS\Twin Lake TH 3rd.doc
Mayor &CityCouncil/P01-10 Final
June 18, 2001
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 3rd.doc
~~ LOCATION
l ' River MAP
l~065OronoP~kw~r.P.O. Bo×'~90 CASE: 1D 0 ]-0~
Elk River, MN 55330
N
Howard R, Green Company
June 11, 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:
TVVlN LAKES TOWNHOMES 3RD ADDITION
FINAL PLAT
Dear Ms. McPherson:
As requested, we have reviewed the final plat of Twin Lakes Townhomes 3rd Addition. Based
on our review, we would offer the following comments:
The proposed final plat contains 14 townhouse units (7 buildings). The 15th lot, which is
the common area, is contained entirely within a drainage and utility easement. No
grading plan was provided, so it is difficult to determine whether any drainage and utility
easements need to be provided on the 14 building lots. If you recall, in the second
addition, additional drainage and utility easements needed to be provided for drainage
flowing from the rear yards to the front yards of some of the units. The need for
additional easements needs to be determined prior to filing the final plat.
Before any construction can take place, an access permit will be needed from Sherbume
County for the road access onto CSAH 13. We believe that Sherbume County is going
to request the typical turn lanes and roadway widening at the access point be
constructed with the Tyler Street project. As you are aware, the north end of the Tyler
Street work merges with CSAH 13 in this area and includes an overlay of CSAH 13 up to
the existing Tyler Street. We are in conversation with Sherburne County at this time
regarding the necessary improvements at the access point to Twin Lakes Townhomes
3rd Addition and the future access point to Trott Brook Farms Addition immediately
across CSAH 13.
If you have any questions regarding these comments, please call.
Sincerely,
Howard R. Green Company
TJM:tw
Ltr 06-11-01 McPherson
1326 Energy Park Drive · St. Paul, MN 55108 · 651/644-4389 fax 651/644-9446 toll free 888/368-4389
City Council Minutes
Marcl~ 12, 2001
Page 2
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 cily-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 TIF projects
where the city has an LGA penally 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.
COUNClLMEMBER 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. COUNClLMEMBER
TVEITE SECONDED THE MOTION. THE MOTION CARRIED 5-0.
Councilmember Matin 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 KIinzing stated that the public hearing was closed but Council would listen
to comments.
Michael Mass, 19,374 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 0t-04
Request for Conditional Use Permit for Site Plan - Twin Lake Townhomes 2nd
Additiqn, Public Hearin.q - 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 Page 3
March 12, 2001
requirements. The developer also increased the number of twinhomes from 33 to
46 and changed the setbacks to 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.
Mayer 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
areasi Daryl Thompson stated that there would be stacking of vehicles in
driveways and that the eyebrow cul-de-sacs have room for parking.
CounC:ilmember Motin inquired whether the street would be private or city-
owned. Mr. Thompson stated that this would be a private street and that an
associ~ation would be responsible for maintenance.
Coun¢ilmember 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
througlh the development. Mr. Thompson stated that the road would wind and
be narlrow so that vehicles would not want to cut through the development. Mr.
Thompson also suggested that break-away barriers could be used.
COUNCILMEMBER KUESTER MOVED TO APPROVE PRELIMINARY PLAT OF TWIN LAKE
TOWNI~OMES 2ND ADDITION WITH THE FOLLOWING CONDITIONS:
1. 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 AI'rORNEY'S REVIEW AND APPROVAL PRIOR TO RECORDING OF
THE FINAL PLAT.
iTHAT 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 3rd Addition
Case No. P 01-10
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:
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.
Eo
The proposed subdivision will not cause substantial environmental
damage.
Fo
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:\PLANNING~SOL~p01-10.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 , __
WITNESS my hand officially as such Clerk and the corporate seal of the
City this ~ day of , ~
Sandra Peine, City Clerk
STATE OF MINNESOTA
SS.
COUNTY OF SHERBURNE
The foregoing instrument was acknowledged before me this __
., 2001, by Stephanie Klinzing, Mayor, City of
Minnesota.
Elk
day of
River,
Notary Public
S:kPLANNINGkR.ESOLUTI\p01 - 10.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:'~PLANNINGX, RESOLUTI\p01-10.doc Page 4
EXHIBIT A
Legal Description:
Outlot A, Twin Lake Townhomes 2nd Addition, Sherburne County, Minnesota
AND,
Outlot J, Trott Brook Farms, Sherburne County, Minnesota.
S:\PLANNING",RESOLUTI\p01 - 10.doc Page 5
EXHIBIT B
e
Se
e
e
e
e
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. 1 3 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:XPLANNINGW,.ESOLUTI\p01 - 10.doc Page 6
PRELIMIN I R Y PLA T
OF
TWIN LAKE TO WNHOME,5' WND ADDITION
DATE RECEWED
i
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0'0~'~ BLOCK
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209.25
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BLOCK 1
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47
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//
BENCHMARK ,.
TNH south east side of Twin Lakes Road ot
intersection of 5th Street and Twin Lakes
Rood. Elevot.;on = 915.90 feet.
SEC~ON 35, TVrP. 33, RCE. 26
LOCATION MAP
.............
~ , , ,,',:, ' ',-;'
20 \
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D.- 902.S6
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SITE DATA
TOTAL AREA
LOT AREA
R.O.W. AREA (TWIN LAKES ROAD)-
NUMBER OF LOTS
10.40 AC.
9.96 AC.
0.44 AC.
47
LEGEND
O-
EXISTING STORM SEWER
EXIS'I~NG SANITARY SErvER
EXISTING WATER UNE
EXISTING UNDERGROUND GAS LINE
SANITARY OR STORM MANHOLE
CATCH BASIN
HYDRANT
GATE VALVE
ELECTIC BOX
FLARED END SECTION
UTILITY POLE
SERVICE
LEGAL DESCRIP_T_ION .
OuUol A, T~I~* * AKE TO~:~WOMES r' ~ OuIIoI J, TROTT BROOK FARMS,
Shorburne ¢ Minnes~!o. Su~ ~ roadway easements.
GRAPHIC SCALS
( 1~,' rzrr )
PHOENIX ENTERPRIS[S
19230 EVANS STREET
ELK RIVER, MINNESOTA
iPROJECT
TWIN LAKE TOWNHOMES 2ND ADDITION
SHEET INDEX
1. PRELIMINARY PLAT
2. SITE & U~LITY PLAN
3. GRADING PLAN
4. LANDSCAPE PLAN
200104 - EIkRiver/200104- PRP.d~
15
6
TWIN LAKES TO WNHOMES THIRD ADDITION
CITY OF ELK RIVER
SHERBURNE COUNTY, MN,
NBg%2'20"E
277.89
/-North Hne of OUTLOT A, TWiN LAKES TONHOMES 2ND ADDITION.
N89'52'22'E
209.25
21B.00
* PIONEER
~ engineering
8
3
'6 0
BLOCK
DETAIL "a"-~
215.40
NB9'52'22'E
I5
/
/
2422 Enterprise Drive
I kiendoto Heights, MN 55120
~iolne, MN 55434
{763) 78~18~ F~:783-1883
/
/
/
/
/
x,h /
c:' /
? ?
/
/
/
For the purposes of this plot the bearings
ore based on the North line of OUTLOT A,
TWIN LAKES TOWNHOMES ;'ND ADDITION,
which is assumed to bear N89o52'20"E.
/
~ Denotes Limited Access
~ · Denotes iron monument found
~ 0 Denotes i/2 inch by 14 inch iron monument
// set and marked with license number 20595
to be set within 1 year of recording this plot
// ~ Denotes 1/2 inch by 14 inch iron monument
~ set and marked with license number 21753
/ DETAIL "A"
NOT TO SCN.¢ G Denotes 1/2 inch by 14 inch iron monument
~.~l_~,~ set and marked with license number 25002
^~,.~ All of Lot 15. Block 1. TWIN LAKES T0WNHOMES ~HIRD
I Jl I/ ,~0~ ADDITION, is designated for Drainage & Utility E ...... t.
, L/ =
\\ //
~'(-?~".~ / / GRAPHIC SCALE
I inch ~ 40 fL
KNOW ALL PERSONS BY THESE PRESENTS: That J~rlck 2 LLC., o Minnesota Limited Liability Company, fee owner, and Firsl Notio~el B~'lk of Elk River,
a Natlanol Benklng Association. mortgagee, and Phoenix Enteqsrlaes LLC. o Mianesoto Limited L~b~ity Comp~ly. mortgagee, at the fo~owibg described
property iltueted ia the County of Sherburne. State of Mlnneioto %o wit:
OUTLOT A, TIMN LAKES TOWNHONES 2ND ADDITION
Ba~e caused the some to be s~r.~eyed and plotted os TWIN LAKES TOWNHOMES THIRD ADDITION end do hereby donate and dedicate to the public lot
STATE OF MINNESOTA
COUNTY OF SHER~URNE
The foregoing instrument wcm acknowledged bef~'e me this
and by its
Notary Public, County,
My Commission Expires
day of 2001. by its
of First National Bank of Elk River, a Notional Banklr~ Association. on behalf of Imid association.
Notary Public. C~unty~
My Commission Expires
STA3E OF MINNESOTA
COUNTY OF SHERBURNE
The foregoing Instrument was acknowledged before me this __ day of
Enterprises LLC, o Minnesota Limited Liobility Company, on behalf of sold company.
2001. by Richard C. Foster, Its Chief Monger of Phoenix
Notary Public, -- County,
My Commission Expkes
I hereby certify that { have ~urveyed end plotted the property der.~.lbed on thls plot os TWiN LAKES TOWNHOMES 3¥11RD ADDI31ON; that this plat Is o ¢c~ect
representation of the ~urve~; that OII diet(aces ore correctly shown on the plot in feet and hundredths of a fo~t; that ell monuments hov~ been correctly
placed ia the ground as shown or wi9 becorrectly placed es required by approving local governmental unlb that the cutside boundary lines ore correctly
de.ignored ~ the plat and that there mo no wetl~ds, In accordance with Minnesota Statues 505,02, Subd. 1, or public hlghwoy~ to be designated other
STAT~ OF MINNESOTA
COUNTY OF ANOKA
The fo~'egohgSurvey~r'~ Certllicote wos eckno~ebsed before me this__
M~nesote Llcense No. 20595.
day o1
Terrence [. Rothenbocher, L~d Surveyor
Mibnesotc License No, 20595
2001, by Ten'ence E. Rothenbocher, L~'~d Surveyor.
Notary Public, County,
My Corn~nission Expires
Approved and accepted by the City Council of the City of Elk River. Sberburne County, lai~nesato at o meeting held this day of
, 2001.
Mo~r Attest: Clerk
t hereby certify that proper evidence of title has been presented to and examined byme, and I hereby approve this plot os to form and executicn this
day of 2001.
Elk Rive' City Att.'ney
Pursuant to Sherborne County Ordinance Numt>e~ 006, I hereby certify that thio plat has been checked and ~pproved o, to compliance with Chapter 505,
Recommended for approval this doy of 20Or.
B~
S~erburne County Surveyor
I hereby certify taxes po)~bie in the
entered this __ day of 2001,
Sherborne County Engine~
On lands herein described ore paid In full. and Ihe~e are no dMin~uent taxes, and that transfer was
2001. at __
Sherburne County Recorder