6.7. SR 07-16-2001City
MEMORANDUM
Item # 6.7
TO:
FROM:
DATE:
SUBJECT:
Mayor and City C~
Michele McPherso~i~rOirector of Planning
July 16, 200 I
Case No. P 01-08
Preliminary Plat of Kliever Lake Fields
Request
The applicant, Horst Graser, representing Gold Nugget Development requests that the
Planning Commission consider approval of the preliminary plat of Kliever Lake Fields
comprised of 98 single family lots; Outlot A to be dedicated for park; Outlot B also to be
dedicated for park, and Outlot C to be held in abeyance for a possible townhome
development approval after the City revises its townhome ordinance.
Attachments
· Location map
· City Engineer's memo dated May 16, 2001
· Sherburne County letter dated April 19, 2001
· Planning Commission Minutes of May 22, 2001
· Planning Commission Minutes of June 12, 2001
· Preliminary plat dated June 20, 2001
· Preliminary grading plan dated June 20, 2001
· Preliminary utility plan dated June 20, 2001
· Preliminary landscape plan dated April 25, 2001
Location
The property is located in the southwest corner of the intersection of Fillmore Street and
County Road 12.
Memo to Mayor and City Council/P 01-08
July 16, 2001
Page 2
Zoning/Land Use
Rle (Single Family Residential, 12,000 square feet minimum lot area) / MR (Medium
Density Residential)
Overview
The subject property was brought into the Urban Service District in 2000, and is eligible to
receive sewer and water services. The property will be assessed fall of 2001 at $6,365.00 per
acre.
The revised proposed preliminary plat is comprised of 98 single-family lots on 36.84 acres.
There is a through-street (Street E) connecting County Road 12 to Fillmore Street. There is
a Street A connecting Street E to the south property line to provide a connection to vacant
developable land to the south. Street B and Street G also connect to adjacent properties and
there are four cul-de-sacs.
Outlots A and B are proposed to be dedicated for park and Outlot C is to be held until the
City revises its townhome ordinance.
The landscape plan indicates an additional 92 lots in townhome configuration (fourplexes).
Existing Conditions
The site has been cultivated for corn in recent years. It is lower than the adjacent roads and
experiences spring flooding in some areas, usually along County Road 12. The site is slightly
higher in the southwest corner.
Lots
The property is zoned Rle (Single Family), therefore the minimum lot area is 12,000 square
feet. The revised plat has no lots less than 12,000 square feet; four of the 98 lots measure
12,000 square feet, the rest are larger. The average lot area is 15,430 square feet with a net
density of 2.21 lots per acre.
Streets
The streets as proposed meet the minimum right-of-way requirement (60 feet) for a minor
street. The proposed right-of-way is 60 feet with a street design of 32 feet. The cul-de-sacs
also have the minimum 60 foot radius.
Utilities
The City Engineer has addressed utilities in his memo. All of the City Engineer's comments
will need to be complied with by the applicant.
S:kPLANNING\MICHMC\CCREPRTS\P01-08.DOC
Memo to Mayor and City Council/P 01-08
July 16, 2001
Page 3
Grading and Drainage
The City Engineer has addressed the grading and drainage issues in his attached memo. The
Engineer has reviewed the current drainage plan and his updated comments are included in
his most recent memo.
Located along the west property line is a detention pond that is being constructed by
Sherburne County as part of the County Road 12 improvement project. The County's
original position was that this pond could not have water from the development pass
through it. The County has since changed its position, and water from the development will
be allowed to pass through the pond. The developer is not proposing to expand the pond
area as originally proposed.
The development proposes to have two ponds located within Outlot C that will handle
runoff from the subdivision. A third pond located in Block 2 has been designed that will
also handle the storm water runoff.
Park Dedication
The Park and Recreation Commission reviewed the preliminary plat and park dedication at
its May 9, 2001 meeting. After discussion and negotiation with the developer, the
Commission agreed to accept 7.9 acres of land for park dedication. The Park and Recreation
Commission recommended a sidewalk along Street E connecting County Road 12 with
Fillmore Street. At the June 12, 2001 meeting, the Planning Commission recommended that
sidewalks be added to Street A, Street B, and Street G.
Landscape Plan
The developer has submitted a landscape plan that provides one street tree and one yard tree
per lot with two of each on corner lots, in compliance with the landscape requirements in
the subdivision ordinance. Along the County Road 12 and Fillmore Street right-of-ways, six-
foot high fences and additional buffering landscaping are proposed to provide buffering or
screening from the adjacent roadways.
Planning Commission Action
The Planning Commission meeting minutes are attached for information purposes. The
Commission considered this request at its meetings of May 22, June 12, and June 26, 2001.
The plat was tabled on two occasions in order to resolve grading and drainage issues with
Sherburne County.
Mr. Getz, residing south of the plat was interested in whether he would be assessed for
sewer and water. He will not. Mrs. Brown, property owner to the south and west of the plat
was concerned about water quality and future residents trespassing on their property due to
the existence of the electrical powerline easement.
S:\PLANNING\MICHlvIC\CCREPRTS/POI-OS.DOC
Memo to Mayor and City Council/P 01-08
July 16, 2001
Page 4
The Planning Commission voted 4-1 to recommend approval of the preliminary plat to the
City Council. Commissioner Mesich voted against the recommendation.
Recommendation
Staff and the Planning Commission recommend that the City Council approve the
preliminary plat request to the City Council with the following conditions:
1. ALL COMMENTS OF THE CITY ENGINEER SHALL BE ADDRESSED.
2. ALL COMMENTS OF SHERBURNE COUNTY SHALL BE ADDRESSED.
3. OUTLOT A SHALL BE DEEDED TO THE CITY FOR PARK WHEN THE
PLAT IS RECORDED.
4. A SIDEWALK SHALL BE CONSTRUCTED ALONG STREETS A, B, E AND
G.
5. STREET LIGHTS SHALL BE INSTALLED AS REQUIRED BY ELK RIVER
MUNICIPAL UTILITIES.
6. A SEALCOAT FEE SHALL BE PAID PRIOR TO RELEASING THE PLAT
FOR RECORDING.
7. A STORMWATER MANAGEMENT FEE SHALL BE PAID PRIOR TO
RELEASING THE PLAT FOR RECORDING.
8. A LETTER OF CREDIT IN THE AMOUNT OF 100% OF THE COST OF THE IMPROVEMENTS SHALL BE SUBMITTED PRIOR TO RELEASING
THE PLAT FOR RECORDING.
9. UPON COMPLETING ALL OF THE IMPROVEMENTS AND HAVING
THEM ACCEPTED BY THE CITY, A WARRANTY BOND IN THE
AMOUNT OF 25% OF THE IMPROVEMENT COSTS SHALL BE
SUBMITTED TO THE CITY FOR THE PERIOD OF ONE YEAR.
10. THE APPLICANT SHALL EXECUTE A DEVELOPER'S AGREEMENT
OUTLINING THE TERMS AND CONDITIONS OF APPROVAL.
11. THE APPLICANT SHALL PAY $300 PER UNIT TO ELK RIVER
MUNICIPAL UTILITIES FOR WATER AVAILABILITY CHARGES.
12. THE DEVELOPER WILL BE RESPONSIBLE FOR PROVIDING THE
FINAL GRADE FOR THE PARK AND ESTABLISHING VEGETATIVE
COVER.
S:\PLANNINGkMICHMC\CCREPRTS\P01-0i.DOC
Memo to Mayor and City Council/P 01-08
July 16, 2001
Page $
13. THE DEVELOPER SHALL BE RESPONSIBLE FOR MARKING PARK
BOUNDARIES WITH THE CITY'S PARK BOUNDARY SIGNS.
14. THE PARK SURVEY INFORMATION SHALL BE PROVIDED IN THE
REQUIRED ELECTRONIC FORMAT.
15. THE MAILBOXES SHALL BE CLUSTERED.
16. THE DEVELOPER SHALL PROVIDE SNOW STORAGE EASEMENTS
AROUND THE CUL-DE-SACS.
17. A GRADING AND EROSION CONTROL PLAN BE APPROVED BY THE
CITY ENGINEER PRIOR TO THE ISSUANCE OF BUILDING PERMITS.
18. A DEVELOPMENT PLAN BE APPROVED BY THE CITY ENGINEER
PRIOR TO THE ISSUANCE OF BUILDING PERMITS.
19. ALL GRADING BE CERTIFIED PRIOR TO THE ISSUANCE OF
BUILDING PERMITS.
S:\PLANNING\MICHMC\CCREPRTSNP01-08.DOC
HILLSIDE
~TY PARK
\\
II
Case Number:
Location Map
P 01-08
N
Howard R, Green Qompany
May 16, 2001
File: 811180J-0240
Ms. Michele McPherson
Director of Planning
City of Elk River
13065 Orono Parkway
P.O. Box 490
Elk River, MN 55330-0490
RE: KLIEVER LAKE FIELDS ADDITION
Dear Ms. McPherson:
As requested, we have reviewed the submittal for the Kliever Lake Fields Subdivision. This is
the development of the Holzum 80-acre farm property at the southwest corner of CSAH 12 and
Fillmore Street. The submittal package was prepared by Pioneer Engineering and consisted of
a preliminary plat, preliminary grading plan, preliminary site and utility plan, and preliminary
landscape plan. Also drainage calculations were submitted. Based on our review and
comments received at the staff review meeting, we would offer the following comments:
A. Preliminary Plat
· There is no drainage and utility easement on Outlot C for the proposed ponds shown
on the grading plan. The same thing is true about the proposed pond expansion in
Lots 9, 10, and 11 of Block 4.
· Drainage and utility easements need to be provided around the perimeter of Outlot C
where it fronts on CSAH 12, Fillmore, and Street E.
· A separate landscape easement will likely be necessary for the landscaping shown
along CSAH 12 and Fillmore Street.
· Easement will be necessary for a temporary cul-de-sac at the end of Streets A, B,
and G.
· The City is currently in conversation with Sherburne County and the landowners
north of CSAH 12 about potentially rerouting County Road 40 in the future. If this
rerouting comes to pass, it will likely require the relocation of Fillmore slightly to the
west as it meets CSAH 12. If this happens, it will be necessary for the City to
acquire a portion of Outlot C for this realignment of Fillmore Street in the future.
B. Grading Plan
At the staff review meeting, Sherburne County indicated that they will not allow the
expansion of their pond located in Block 4. Drainage from this development will
need a pond that is totally separate from the County pond.
O:\PROJ\811180J\Ltr 05-16-01 McPherson.rev. doc
1326 Energy Park Drive · St. Paul, MN 55108 · 651/644-4389 fax 651/644-9446 toll free 888/368-4389
Ms. Michele McPherson
May 16, 2001
Page Two
· Emergency overflows need to be located and labeled throughout the plat where
necessary for the drainage system to operate efficiently.
· Where Street E meets Fillmore Street, we question how drainage will be maintained
with Fillmore Street being a rural section. Perhaps a culvert is needed there. More
details should be provided on the grading plan in this area.
· Where are the power poles located in the power line easement immediately south of
this development? They should be shown on the plan relative to where Street ^ and
Street G access the property to the south.
C. Preliminary Site and Utility Plan
· The street section shown is adequate for width; however, the section should be
modified to include 6 inches of gravel and 1% inches of wear course bituminous.
· The Elk River Municipal Utilities is proposing to locate a water tower on property
immediately south of this site. Therefore, the 16-inch watermain shown on Street G
and Street E needs to be increased to 20-inch. Also, this 20-inch diameter
watermain needs to be extended from the intersection of Street E and Street A
northward on Street E, and directional bored under CSAH 12 to get to the north side
of the read.
· Sherburne County indicated at the staff review meeting that the permit to allow Street
E to access CSAH 12 would require the typical right turn lane and bypass lane.
Perhaps these could be built by the CSAH 12 contractor who is currently
reconstructing CSAH 12. This would be a better construction method than to come
in immediately after the project is complete and start to modify it.
· The County indicated they would also include in their permit allowing Street E a
condition that the access would need to be closed in the future if the intersection of
Fillmore and CSAH 12 were ever signalized.
· All of the 6-inch watermain needs to be increased in size to 8-inch. 6-inch is only
allowed on hydrant leads.
· The watermain loop for Street F to Street A should be realigned out of the rear of the
cul-de-sac, perhaps between Lots 6 and 7, and 24 and 25 to ensure that all services
are off of a looped watermain.
· Hydrant location and valve placement will be reviewed in detail when the
construction plans are submitted for the first phase.
D. Drainage Calculations
· The ponds for the site meet discharge and treatment requirements for the proposed
developed conditions. One exception is the pond located in Block 4 must be
separate from the County-owned pond.
· A separate outlet from Pond 1 to Kliever's Marsh needs to be included due to the
separation of the development pond from the County pond.
· The Iow point that is located south of Lot 2, Block 3, should be modeled as a ponding
area and given an emergency overflow route.
· The 100-year high water level for the proposed ponds appears to allow for at least
two feet of freeboard from the lowest floors to the adjacent ponding areas.
O:~ROJ~811180J~.tr 05-16-01 McPherson.rev.doc
Howard R, Green Company
CONSULTING ENGINEERS
Ms. Michele McPherson
May 16, 2001
Page Three
· Storm sewer calculations need to be submitted during the final design phase.
preliminary layout appears to be adequate for the proposed improvements.
If you have any questions regarding these comments, please call.
Sincerely,
Howard R. Green Company
TJM:tw
The
o:,..o~,~,,,~o~,.~ o~_,~, .c,~8{~}d R, Green Company
CONSULTING ENGINEERS
Apfill9,2001
PUBLIC WORKS
DEPARTMENT
Sherb
Rhonda F. Lewis, P.E.
425 Jackson Avenue
Elk River, MN 55330
(763) 241-7030. 800-594-5208
Paul Cheme, P.E.
Pioneer Engineering
625 Hwyl0 N.E.
Blaine, MN55434
RE: Gold Nugget Development
Dear Mr. Cheme:
After reviewing the proposed preliminary plat, an access permit will be required with the following conditions:
1) A right mm lane built to MnDOT standards.
2) A bypass lane built to County standards.
3) Make all pavement-marking changes as necessary.
4) Pay the required signage fees of $450.00 for four signs, with installation done by the Public Works
Department. The Developer must notify Dick Corbin, Permitting Agent (241-7034) for sign
installation when the road is open to the traveling public.
5) Any existing field entrances must be removed.
6) The Developer is responsible for drainage studies. If your engineers determine a culvert is
necessary, the culvert must have 6:1 safety aprons and grates. Both the costs of the culvert and the
installation are the responsibility of the developer.
Remember that slopes within County right-of-way for your proposed street must be 6:1 and all disturbed areas
must have topsoil and seed applied. All requirements are listed on the back of the permit. The Access to
County Highway Permit Application must be applied for at the Public Works office on Jackson Ave.
Please carefully read the backside of the permit. All requirements must be met for final inspection
approval. After construction is completed, date and sign the bottom portion of the application and return
it to the Public Works office on Jackson Ave. Upon final inspection and approval by the County, Access
Bond Fee will be returned to you. NOTE: Please check your return address for proper bond fee return!
If you have any questions or concems please call me at (612) 241-7030.
Sincerely,
7honda F. Lewis, P.E.
Assistant County Engineer
CCi
Kathy Heaney, Co. Atty.
Nancy Riddle, P&Z
John Oliver, Co. Surveyor
Planning Commission Minutes
May 22, 2001
Page 7
Mr. Reinhart asked Mr. Stephan intended to do anything in the wooded area between
their two properties. Mr. Stephan stated that none of the woods would be cut
There being no further public comment, Chair Pederson closed the public
COMMI:
THE REQUEST BY CHRIS STEPHAN FOR A
PERMIT FOR A HOME OCCUPATION
BUSINESS, CASE NO. CU 01-19, BASED ON
STAFF
HEARING, WITH THE FOLLOWING
IS:
OF
USE
SERVICES
IN THE
THE PUBLIC
1. SIGNAGE SHALL BE LIMITED TO A
FEET IN AREA.
SIGN OF 4 SQUARE
2. ALL MATERIALS, EQUIPMENT.
KEPT WITHIN THE FENCED
SHALL BE
ADDITIONAL
CONIFEROUS TREES
PROPERTY LINE
THE ADJACENT
THE USE OF
BE PLANTED ALONG THE SOUTH
ADDITIONAL SCREENING FOR
TO THE SOUTH.
4. THE
OF EMPLOYEES IS LIMITED TO 15.
5. DEBRIS
NOT BE STORED ON SITE.
6. ALL
EQUIPMENT IS TO BE PARKED INSIDE THE POLE
lNG AT NIGHT.
SECONDED THE MOTION. THE MOTION
6-0.
5.8.
Request by Gold Nugget Development for Preliminary Plat Approval of Kliever
Lake Fields, Public Hearing - Case No. P 01-08
Staff report by Michele McPherson. The applicant requests preliminary plat
approval of Kliever Lake Fields, comprised of 104 single family lots; Outlot A to be
dedicated for park; Outlot Be also to be dedicated for park, and Outlot C to be held
in abeyance for townhome development approval after the City revises its townhome
ordinance. Ms. McPherson reviewed existing conditions of the site, lot sizes and
streets. She noted that utilities, grading and drainage issues are addressed in the City
Engineer's report which is attached to the staff report. The Park and Recreation
Commission has recommended to accept 7.9 acres of land for park dedication for
this plat and future platting of Outlot C. The developer proposes to construct six
foot high fences and additional landscaping for buffering along County Road 12 and
Fillmore Street. Ms. McPherson recommended a condition be added to require
Planning Commission Minutes
May 22, 2001
Page 8
clustering of mailboxes. Staff recommends approval of the request with the 12
conditions in the staff report.
Chair Pederson opened the public hearing.
Horst Graser, Gold Nugget Development, applicant, stated that initially the
project included a townhome component, but due to the moratorium, he will be
submitting an application for townhomes for Outlot C at a later date. He stated that
he plans to grade Outlot C to create some walk-out lots to provide some variety in
housing styles. Mr. Graser explained that Sherburne County has a large easement on
the property. He had hoped to expand the pond in the easement for his project but
the County recently denied his request. He stated that drainage needs to get to
Kliever Lake somehow. Commissioner Mesich asked where the pond would be
located if the County will not allow expansion of the pond in their easement. Mr.
Graser stated that he would have to look at locating the pond in the cul-de-sac area
north of the proposed park and then explained the layout of the park. He stated that
the average lot width is 83'-85', and some are 90'-95'. He proposed to start the
project this year and construct Street A. He noted that the city water tower will be
located to the south of this property.
Bruce Goetz, P.O. Box 421, Elk River, property owner to the south of the
proposed development, was concerned he may be forced to hookup to city services.
City Engineer Terry Maurer explained that services will be stubbed up to his
property line for the 40 acres to the west of him, but that there will be no costs or
assessments for Mr. Goetz.
John Kuester asked Mr. Graser to explain where the pond would be located, if he is
not able work out an agreement with the County. Mr. Graser pointed out a possible
site north of the park area. Mr. Graser noted that the park will not be impacted by
any over flow from the pond. Mr. Kuester asked what the line was for, running
diagonally through the park, which was shown on the plan. Mr. Graser explained
that there will be an underground storm sewer line running toward Kliever Lake.
Ruth Brown, property owner to the west (Kliever Lake Marsh), stated that she
and her husband will be moving into their new home at 17773 Tyler Street, and that
10 acres of their property connects to the southwest corner of the plat. She asked if
the property has access to the marsh and if so, what will be done to protect it from
being impacted. Terry Maurer explained that the property does not connect to the
marsh but that runoff does flow in that direction now. He felt the quality of the
water in the marsh would actually be improved due to the fact that all of the drainage
will go through the pond, settling out the floating material, sand and grit Mr. Maurer
stated that the County was granted a easement across the Holzem property. Mrs.
Brown stated that the County plans to use the old tile system to save money. Mr.
Maurer explained that the County has a new policy which restricts utilizing existing
County drainage easements for new plats. He stated that Mr. Graser will have to
deal with the County on this issue.
Planning Commission Minutes
May 22, 2001
Page 9
Mrs. Brown expressed concern for safety and/or liability issues with the number of
homes being proposed close to their property. She lek that the power line corridor
will serve as an aisle for people to walk or ride bikes or motorized vehicles into the
marsh area. She asked the developer to consider fencing the property on the south
and west, as well as along County Road 12 and Fillmore, to prevent future problems.
Commissioner Mesich stated that the 40 acres next to the Brown's property is also
going to be developed and a water tower placed on the site. Mr. Maurer explained
that the water tower will be located close to the border of Mr. Goetz's property. He
stated that it was his understanding that the access road to the tower would likely be
in a location that would become a street in the new development.
Commissioner Mesich asked how much of this land was flooded in the spring. Ms.
McPherson stated that there was one area on the north end of the site near County
Road 12 that had standing water, but that the rest of the site was relatively dry.
Commissioner Mesich asked if the wetlands have been delineated. Mr. Maurer stated
yes and that there are 3 small inlets to drain the site and the rest soaks into the
ground. Mr. Maurer explained that the drainage will be entirely different when it has
a fully developed drainage system. Ms. McPherson reviewed a drawing which
identified the three wetlands on site.
Commissioner Schuster questioned why the mailboxes are proposed to be clustered.
He explained that there is a significant amount of litter in his neighborhood where
the mailboxes are clustered, because of flyers falling out the back of the slots. Ms.
McPherson stated that the post office has requested the clustered boxes, and
suggested that the backs of the "shopper" slots could be closed.
Chair Pederson stated that it appears there are 11 lots which are less than 12,000
square feet, rather than 5 as stated in the memo. Ms. McPherson explained which
lots will be eliminated or added, due to the change in the park proposal. Chair
Pederson stated that more lots would be lost if the developer had to build a pond.
He questioned if there would be significant filling.
Mr. Graser explained that he proposes to mine out fill in Outlot C to raise the entire
site in order to provide more diversity in housing styles.
Commissioner Mesich asked what the price range would be for the homes. Mr.
Graser stated that the homes will be $160,000 to $220,000. Commissioner Mesich
asked the developer if he knew where the children moving into this area would go to
school and if there would adequate room for them. Mr..Graser stated that he has
not spoken with the school district.
Chair Pederson suggested that sidewalks be installed on the street stubs which will
connect to future plats
Commissioner Mesich expressed his concern that new plats are being approved in
this area and construction has not begun on the new water tower. He asked when
the new tower would be in operation.
Planning Commission Minutes
May 22, 2001
Page 10
Mr. Maurer stated that the new water tower will be on line in late 2002 or early 2003.
Commissioner Mesich asked if there is still a water pressure problem for homes in
Trott Brook Farms. Mr. Maurer stated that the problems are not related to needing
a new water tower. The Municipal Utilities did not switch Trott Brook Farms over
to a high pressure system until they were able to put in a redundant line near Perkins.
Their plans were delayed and this switch over did not happen until this spring. Mr.
Maurer stated that there is no immediate need for the water tower to service the new
developments, but that they are planning ahead for future needs.
Commissioner Schuster asked what amenities are planned for the park. Mr. Kuester
stated that new parks to through a concept planning process. When a concept is
available, the neighbors are invited to a meeting to provide their comments. Mr.
Kuester stated that the park will likely consist of some sort of"pick up" playing field,
a picnic shelter, playground equipment, and possibly a basketball court.
Commissioner Schuster asked if the Park and Recreation Commission would
consider adding land to this park, when the property to the south is developed. Mr.
Kuester stated that would be a possibility.
Commissioner Mesich asked what the zoning of the property was previously. Ms.
McPherson stated that it was zoned Rle.
Chair Pederson asked what the current use of the property is. Ms. McPherson stated
that it is a farm field.
Commissioner Mesich stated that the Commissioners should take into consideration
the fact that the 2007 date for sewer and water extension was established to protect
the city from an infusion of high density in this area. He asked how the proposed
density of this plat compares to other plats in the city. Mr. Harlicker stated that this
development would be comparable to Country Crossing. Commissioner Mesich
asked what the density of the townhomes proposed for Outlot C would be. Mr.
Beck stated that the property will have to be rezoned to PUD or R3 in order to
develop the site with townhomes.
The Commissioners discussed possible impact of the pond on the preliminary plat
layout. It was the consensus of the Commissioners to table the plat until the
developer could finalize the location of the pond.
Mr. Graser stated that it is not an issue to amend the plat if necessary, but that he
would like to try to work with the County on their easement.
There being no further public comment, Chair Pederson closed the public hearing.
COMMISSIONER MESICH MOVED POSTPONE THE REQUEST BY
GOLD NUGGET DEVELOPMENT FOR PRELIMINARY PLAT
APPROVAL (KLIEVER LAKE FIELDS), CASE NO. P 01-08, TO THE
JUNE 12, 2001 PLANNING COMMISSION SPECIAL MEETING. CHAIR
Planning Commission Minutes
May 22, 2001
Page 11
PEDERSON SECONDED THE MOTION.
0.
THE MOTION CARRIED 6-
5.5.
Request by City of Elk River for Ordinance Amendment to Add Definition of
Animal Nutrition and Agricultural Research, and Establish an AR (Agricultural
Research) District, Public Hearing - Case No. OA 00-8
5.3.
Request by City of Elk River for Land Use Amendment for
Property form LR (Low Density Residential) and LI (Light Industri
(Agricultural), Public Hearing - Case No. LU 00-6
A
5.4.
Request by City of Elk River for Rezoning of a Portion
(Agricultural Research) District, Public Hearing - Case No.
00-7
r to AR
Staff report by Scott Harlicker. The City of Elk River
amending the Zoning Code to create a definition for
establish an AR (Agricultural Research) District, an
to change the land use designation of certain
Residential) and LI (Light Industrial)
the same property from Rla (Single Family
AR (Agricultural Research). The proposed
adjusting the urban service boundary so
included in the Urban Service Area.
and rezoning based on the
have requested
Research and
the land use plan
from LR (Low Density
t, and to change the zoning of
and L1 (Light Industrial) to
use plan amendment also includes
new AR zoning district is not
approval of the amendments
the staff report.
City Attorney Peter Beck
in the 1950's. He stated that
itself or the adjacent
been unable to fit Cargill's
attempt to create a zonin
extension of utilities'
they did not want
and Cargill have
ordinance and land
Mr. Beck
land trust
, history of the Cargill operation which began
has had very little, if any, impact on the city
Beck explained that in the past, the City has
the zoning ordinance, and this request is an
tue to them. Cargill was assessed for the
and appealed the assessment, stating that
After more than two years of negotiations, the City
:o a settlement which includes processing the necessary
maendments to accommodate Cargill's use of their property.
other terms of the settlement, including relocating of the
into the eastern area, and a land donation by Cargill.
fit into
Cargill
Franz asked if there were any other operations in the City that would
district. Mr. Beck stated that there were not. He noted that
operation which is internationally renown for agricultural research.
Mr stated that the City has never had a clear definition for Cargill and he
proposed definition fits what is actually on their site. He reviewed the
definition at this time.
SPECIAL MEETING OF THE ELK RIVER PLANNING COMPIlSSION
HELD AT ELK RIVER CITY HALL
TUESDAY, .JUNE 12, 2001
Members Present:
Members Absent:
Staff Present:
Chair Pederson, Commissioners Baker, Franz, Mesich, Ropp and Schuster
None
Michele McPherson, Director of Planning; Scott Harlicker, Senior Planner;
Chris Leeseberg, Park Planner/Planner; Director of Economic
Development Catherine Mehelich, Assistant Director of Economic
Development Marc Nevinski; Debbie Huebner, Recording Secretary
Call Meeting To Order
Pursuant to due call and notice thereof, the meeting of the Elk River Planning Commission
was called to order at 6:30 p.m. by Chair Pederson.
Consider 6/12/01 Planning Commission Agenda
COMMISSIONER BAKER MOVED TO APPROVE THE JUNE 12, 2001
PLANNING COMMISSION AGENDA. COMMISSIONER FRANZ
SECONDED THE MOTION. THE MOTION CARRIED 6-0.
Downtown Prioritization of Proiects
Add text.
Request by Gold Nugget Development for Preliminary. Plat (Kliever Lake Fields), Public
Hearing - Case No. P 01-08
Staff report presented by Scott Harlicker. This plat was reviewed by the Commission at
their May 22, 2001 meeting. He stated that the plat now consists of 98 lots, the park has
been re-aligned, and all lots except one meet the dimensional requirements. This lot can be
adjusted so that it is in compliance with the 12,000 square foot minimum. Mr. Harlicker
reviewed the layout of the plat. Sherburne County has now agreed to allow the pond on
their easement to be expanded for storm water drainage, as requested by Gold Nugget.
Horst Graser, representing Gold Nugget Development, explained that there was an
error in the original plat application which stated the number of lots as 104. He stated that
there were actually 99 lots shown on the original plat. He stated that the Sherburne County
Attorney and City Attorney have come to an agreement to allow them to expand the
County's pond, instead of having two different ponds. Mr. Graser drew in the location of
the ponding expansion on the plat. Mr. Graser reviewed the revised plat, and explained
where the pond would have been placed, if an agreement with Sherburne County had not
been reached. The outlet would come down the street via the storm sewer system and
discharge into Kliever Lake. He requested that as a condition of approval, the revised plat
Planning Commission Minutes
June 12, 2001
Page 2
be accepted if, for some reason, the County decides not to allow expansion of the pond, as
shown in the original plat. Mr. Horst requested that if the revised plat was necessary, he be
allowed to add one additional lot by shifting the road over and extending the cul-de-sac
slightly.
Commissioner Ropp asked where sidewalks would be located. Mr. Harlicker stated that
sidewalks are proposed on the south side of Street E and on Street G. Chair Pederson stated
that he suggested previously that sidewalks be added on Street A and Street B. The
Commissioners expressed their support for adding sidewalks on these streets.
Commissioner Mesich asked what would happen if the rezoning for Oudot C was denied.
Mr. Horst stated that Outlot C would then be developed with single family homes. He
explained that because of the soil conditions, they will mine material in the northeast coruer
of the site which will be used to raise some of the elevations in plat. The pond which will be
created from the mining will store storm water, thereby increasing the on-site storage
capacity. He noted that the townhomes are proposed to be built around this pond area.~
Raising the elevations for the single family site will allow some variety in housing styles
including walk-outs, split entries, and split entry walk-outs. Efthe townhome rezoning is not
allowing, the grading of the site will change.
Commissioner Mesich asked if a grading plan was available. Mr. Graser stated that a grading
plan has been submitted to the city. Commissioner Mesich asked if hills will be built for
individual lots. Mr. Graser stated that the elevations of general areas in the site will be raised
to get above the sub-surface water elevation. He stated that the grading will be gradual in
order to meet the city's grade requirements for streets and drainage. Mr. Graser eXplained
the areas on the plat for split entry walk-outs, full basement walk-outs, and flat lots.
Chair Pederson asked if the elevations needed to raised in order to build basements. Mr.
Graser stated that without raising the elevations, the plat would consist of 99 split entry
houses and he did not feel this was a sound marketing practice.
Chair Pederson asked if the park was in a wetland. Mr. Graser stated that there is a very
small wetland in the southwest portion of the plat that has been delineated. Ms. McPherson
noted that the wetland is only .03 acres. Chair Pederson asked if Mr. Graser has considered
providing amenities for the park. Mr. Graser stated that he has not. Chair Pederson stated
that he did not support a longer cul-de-sac. He questioned the setbacks for the plat. Ms.
McPherson stated that the setbacks are 10 feet- front, 5 feet - side and 30 feet - rear.
Commissioner Franz questioned the zoning of the property. Ms. McPherson stated that it is
zoned Rle.
Commissioner Baker asked if the City Engineer had concerns regarding the plat. Ms.
McPherson referred to the City Engineer's memo which indicates he has had discussions
with the Assistant County Attorney, along with Mr. Graser, regarding the County's pond.
The Assistant County Attorney has asked that the proposed expansion of the pond be
verified with the County Ditch Inspector for his approval.
Commissioner Mesich asked if berming would be feasible to screen the adjacent county
road. Ms. McPherson stated that the applicant plans to install a combination of trees and six
foot high privacy fences along County Road 12. Ms. McPherson stated that berming would
be difficult, since the county road is a rural section in this area. This means there will be a
ditch, rather than storm sewer. Mr. Graser stated that there will be catch basins along the
Planning Commission Minutes
June 12, 2001
Page 3
ditch which will drain into the storm water drainage system and run down to their easement
pond; therefore, it would not be possible to do any berming along the county road.
Commission Mesich asked if a fight turn lane would be required. Mr. Graser stated that the
county will require it. Ms. McPherson stated that the county is requiring a right turn lane
and a bypass lane.
Chair Pederson asked what the sizes of Lots 6, 7, and 8 would be, without the pond. Mr.
Graser explained where the pond would be located and how a NURP pond functions. He
did not know what the size would be without the pond area. Chair Pederson suggested that
one of the lots be taken out to increase the dry, useable area of the lots. Mr. Graser noted
that in 2-3 years, natural vegetation establishes itself around the pond and that there will be a
natural overflow in addition to the pipe system. Mr. Graser stated that he hopes to expand
on the county's contract for the drainage pond so that the additional ponding area can be
done at this time to save costs, rather than coming back and having the work done at a later
date.
Commissioner Baker asked if Street G was designed to line up with a future street to the
south. Ms. McPherson stated that the Commission will be reviewing the preliminary plat of
Kliever Lake Hills in July and they will be able to see how the road will be extended. She
explained that Elk River Municipal Utilities will be purchasing one acre of that 40 acre plat
for the location of a water tower. She noted that the plat will be single family residences.
Commissioner Mesich stated that there was one additional lot that was less than 12,000
square feet. Mr. Graser stated that this was an oversight and will be corrected.
Chair Pederson expressed concern for the pond in the back of Lots 8 and 11. He felt this
pond will be wet most of the time and substantially reduces the size of the lots. He asked if
the mailboxes will be clustered. Ms. McPherson stated that the condition was omitted from
the last discussion and will be added, as well as a condition to provide snow storage
easements in the cul-de-sacs. She stated that Condition//4 could be amended to include
sidewalks on Streets A, B and G.
Commissioner Mesich asked if Chair Pederson was suggesting that Lots 8 and 11 be
increased above the 12,000 square foot requirement, due to the ponding. Chair Pederson
stated he would support that suggestion.
Commissioner Baker asked the Commissioners to consider removing the condition for
clustering of the mailboxes because of the inconvenience and maintenance issues. He stated
that the storm water pond should be considered part of the 12,000 square foot lot size.
Commissioner Schuster stated that he has an easement in his backyard which has water in k
and does not feel it is a problem. He stated that as long as the buyer is aware of the fact
when he purchases the lot, there should not be an issue.
Commissioner Baker asked for clarification on the additional lot to be added if the County
agreed to allow sharing of the ponding easement. Mr. Graser stated that there would be 99
lots with either plan.
Commissioner Mesich expressed his concern that the City Council slated this parcel for
development with urban services in 2007. Ms. McPherson explained that the City Council
Planning Commission Minutes
June 12, 2001
Page 4
approved a land use amendment in 2000 to allow city sewer and water to be extended to this
area in 2001 and the property was immediately assessed.
Commissioner Mesich asked why the drawings were not presented to them until tonight.
Ms. McPherson stated that she received them yesterday.
Chair Pederson felt there are still some unknowns regarding the plat.
Commissioner Ropp stated he was not sure of allowing lot sizes of 12,000 square feet on the
lots with the ponds. Mr. Graser explained that there would be 30-40 feet from the back of
the homes to the pond. Mr. Harlicker stated that 20 feet of useable area is typical from the
back of the house to any type of easement. Ms. McPherson explained that the city's policy is
that easements are to be part of lots rather than outlots. Outlots tend to go tax forfeit,
which remits in a loss of tax revenue and a city maintenance responsibility. She stated that if
the Commission is concerned about the size of the lot, they could take Chair Pederson's
suggestion to reduce the size of the plat by one or two lots in order to accommodate larger
lots sizes for the lots in the area of concern. She noted that part of the reason the drawings
were submitted late was because staff and the developer had a difficult time getting a
response from the County Attorney.
Chair Pederson asked if there is still an outstanding issue with the County. Ms. McPherson
stated that the only request the County Attorney had was that the developer and staff speak
to the County Ditch Inspector. Mr. Graser noted that the ditch inspector is on vacation.
Commissioner Mesich stated that he was uncomfortable with the overall density of the plat,
if Outlot C will is to be platted as townhomes.
Commissioner Franz asked if a traffic study has been done to look at Street G and was
concerned that the City would have another "Auburn Street" problem, due to the density of
the development proposed for this area. McPherson stated that there could be a potential
traffic issue on a temporary basis. She explained that when the 75 acres to the south of
Kliever Lake Fields is developed, this property is adjacent to 175~h Avenue which will allow a
long term north-south connection from County Road 12 to 175th, as well as providing
another connection to the east to Fillmore Street. This "horse shoe" configuration will
provide road connections to go north to County Road, south to 175% east to Fillmore
Street, or west to Twin Lakes Boulevard.
Mr. Graser explained that the depth of the lots adjacent to the pond will be approximately
130'-140'. He noted that there will be drain rile in the back of every home. He explained
how the pond is designed to slope. He stated that the wetland will consist of 30'-40' of the
back of the lots.
COMMISSIONER BAKER MOVED TO TABLE THE REQUEST BY ~OLD
NUGGET DEVELOPMENT TO THE JUNE 26, 2001 PLANNING -
COMMISSION MEETING, BECAUSE OF UNRESOLVED ISSUES WITH
LAYOUT OF THE LOTS AND SIZE OF THE PONDING. COMMISSIONER
MESICH SECONDED THE MOTION.
Mr. Getz asked if there would be fire hydrants located in the plat. Ms. McPherson stated
that they would be required.
THE MOTION CARRIED 6-0.
Planning Commission Minutes
June 12, 2001
Page 5
Mr. Graser asked what kind of information the Commission wanted.
Chair Pederson stated that the ponding issue needs to be clarified, and lot sizes need to be
corrected. Mr. Graser stated that correcting the lot sizes of the two lots is a very minor issue
and that the County has agreed to the expansion of the pond. Chair Pederson stated that he
felt if Outlot C is to become townhomes, the area will become very dense. Mr. Graser
stated that Outlot C is not up for discussion at this time because of the townhome
moratorium.
Commissioner Franz fek that speed was driving approval of this plat rather than
thoroughness and accuracy. He felt that Rle zoning suggests taking into account
environmental factors and that he has some concerns in that area. Mr. Graser stated that the
property is a cornfield and there are no environmental issues and is as flat as a table. There
are only 8 trees on the entire site and they will be preserved. Commissioner Franz stated he
did not understand why it was zoned Rle. Mr. Graser stated that he did not understand the
zoning either, since every bit of the property is a cornfield with the except of one small hill.
Ms. McPherson stated that the rezoning may have been a result of a "blanket" rezoning
when the Urban Service District was established and expanded to the east. Staff, at that
time, was aware there was hills and trees in the general area, even though this area is not.
Later, the intent of the Rle was changed through an ordinance amendment. She questioned
whether the 20,000 square foot lot requirement would have been appropriate at any time.
5. Business Park Design Standards
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Adjournment
There being no further business, COMMISSIONER BAKER MOVED TO ADJOURN
THE MEETING. COMMISSIONER MESICH SECONDED THE MOTION.
THE MOTION CARRIED 6-0.
The meeting of the Elk River Planning Commission adjourned at 10:08 p.m.
Respectfully submitted,
Debbie Huebner
Recording Secretary
,/
GRAPHIC scALE
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DATE RECEIVED
TITLE PRELIMINARY o~,'n GOLD NUGGET ~O.~CT KLIEVER LAKE FIELDS
8~7 ZEA~NO A~NUE NORTH
SI~ AND UTILITY PLAN 8ROmLm PARK. MINNESOTA 55445 ELK RI~R
4, S~EETS I
FENCE DETAIL
NO SCALE
VINYL PRIVACY FENCE WITH .3.5" PICKETS S,°ACED 2" APART.
4"X4" POSTS SET 6-8' ON CENTER
PLANT SCHEDULE
K~:Y COMMON/BOTANICAL NAMES SiZE/ROOT SF MF ~°ER
N~S M~/A~ ~M ~ ~ ~ ~ 12 --
HO N~WAY H~/A~ ~T~S 2" ~ 37 12
2~ ~
~ ~ U IN TA
27 ?g
REOUlRn'~ 1REES IN MUL'n-~'AMILY (Mir): 41K (I~,RIME~R)/40-,IO~
I
50'~ O9~-.RSTORY, 25X (~NAM~TAI., 2~ ~
I
EOUIRED TR~ES IN ~"~GI,.E FAM[Y ($F): t F'R~NT YARD ~ 1 8C'~'~ ~
2 .,~DOITI,l:e~,N. ~ 0~1 CORNER LOTS-244
,~'ERmp[RIME'I[R SC~FFNING ABOVE REQUIRED NUMBER
?~IE[ T TITLE
PRELIMINARY LANDSCAPE PLAN
GRAI~IUC ~CM,~ IN
PROJECT
OWNER
GOLD NUGGET DEVELOPMENT
ELK RIVER
LANDSCAPE NOTES
DECIDUOUS TREE
PLANTIN(:; DETAIL
CONIFER TREE
PLANTING DETAIL
='.--:=.
~ 4