7.4. & 7.5. SR 08-20-2001River
13065 Orono Parkway
Elk River, MN 55330
TO:
FROM:
DATE:
SUBJECT:
Item # '7./4 & ir/. 5.
MEMORANDUM
Mayor and City Council
Michele McPherso~ector of Planning
August 20, 2001
I. Case No. LU 01-05
Request by Phoenix Enterprises to Add Land to the Urban
Service District prior to 2007
2. Case No. P 01-09
Preliminary Plat- Kliever Lake Hills
3. Case No. P 01-09
Final Plat- Kliever Lake Hills
Request
The applicant, Phoenix Enterprises, requests that the Planning Commission recommend
approval of:
1.
2.
A land use amendment to bring a 40-acre parcel into the Urban
Service District prior to 2007 and,
A preliminary plat of Kliever Lake Hills
Attachments
· Location Map
· August 7, 2001 memo from the City Engineer
· June 1, 2001 letter from Richard Foster
· Resolution No. 01- for Land Use Amendment
· Resolution No. 01- for Final Plat
· Preliminary Plat
· Grading Plan
Location
The subject property is located ¼ mile south of County Road 12 and ¼ mile west of
Fillmore Street. A portion of the property encompasses Kliever's Marsh.
Phone: 763.441.7420
Fax: 763.441.7425
www. ci.elk-river, mn.us
Memo to Mayor and City Council/P01-09
August 20, 2001
Page 2
Zoning/land tJse
Rle, Single Family Residential (12,000 sq. ft. lot minimum) / MR, Medium Density
Residential
Overview
The subject property is 39.58 acres and has steeply rolling wooded topography. The
southwest corner includes a portion of Kliever's Marsh and a 150-foot wide utility easement
traverses the property from east to west near the north property line. The Elk River
Municipal Utilities has been negotiating with the property owner for the purchase of a one-
acre parcel in the southeast corner for construction of a water tower in East Elk River.
Kliever's Marsh is considered a Natural Environment Lake by the Department of Natural
Resources; therefore, the shoreland ordinance will provide additional lot restrictions than the
underlying zoning of Rle, Single Family Dwelling.
Analysis
Land Use Amendment
The applicant is requesting that this parcel be eligible to receive urban services prior to the
2007 date indicated on the utility plan in the City's Comprehensive Plan. This request is
precipitated due to the negotiations between the property owner/applicant and Elk River
Municipal Utilities. The property can be serviced at this time with trunk water that will be
installed through Kliever Lakes Fields directly adjacent and to the north.
During its decision-making process for establishing the 2007 date, it was the Council's intent
that utilities and assessments would not be forced into the eastern area, but that a property
owner wishing to request services could petition the City for such services. Staff has no
objection to extending services to this area prior to the 2007 date.
Preliminary Plat
Overview
The preliminary plat is comprised of 39 lots on developable acreage of 25 acres. The plat is
comprised of 3 streets; Street A connecting Kliever Lake Fields to Street B, Street B
connecting Kliever Lake Fields to the south property line, and Street C which provides the
connection between Streets A and B. Outlot B has been identified as an area to be dedicated
for park. Outlot C is a narrow strip approximately 11 feet in width traversing east to west
between Streets A and B, adjacent to the north property line. The developer also proposes
to dedicate this for park, as it can be added to the park in the plat of Kliever Lake Fields.
S:~PLANNING\MICHMC\CCREPRTS\P01-09.DOC
Memo to Mayor and City Council/P01-09
August 20, 2001
Page 3
Analysis
As stated earlier, Kliever's Marsh is classified as a Natural Environment Lake. Therefore,
the Department of Natural Resources and the City of Elk River's Shoreland Ordinance
provides additional restrictions for plats adjacent to shoreland areas. The underlying zoning
district of Rle, Single Family, allows a minimum lot area of 12,000 square feet, with a
minimum lot width of 80 feet. The Shoreland Ordinance requires lots adjacent to Natural
Environment Lakes to be 40,000 square feet in area if they are riparian lots (lots adjacent to
the water), or 20,000 square feet in area for non-riparian lots (lots not directly adjacent to the
water). The minimum lot width for these lots must be 125 feet at the front setback. These
standards apply to all lots within 1,000 feet of a Natural Environment Lake's ordinary high
water level. The proposed average lot area for the preliminary plat is 27,858 square feet.
The smallest lot is 20,012 square feet and the largest lot is 65,907 square feet.
Access
As described earlier, the preliminary plat includes three streets that either connect to
proposed streets from Kliever Lake Fields, or provide access to developable parcels on the
east and south sides of the plat. The developer is proposing sidewalks along one side of
each of the streets for pedestrian access.
Grading
The City Engineer has addressed grading in his memo to the Commission. As presented to
staff the grading plan indicates that the site would be mass graded, essentially removing all
trees currently on the site. The City Engineer has recommended that staff be allowed to
work closely with the developer and the developer's engineer in order to make adjustments
to the grading plan which would preserve as many trees as possible.
Utilities
The City Engineer has addressed utilities in his memo.
As the owner/applicant was not intending to develop the property at this time, they have
negotiated a delay in the assessments until Fall of 2003 (see attached letter).
Landscaping
The developer has submitted a landscape plan, which complies with the ordinance
requirement for one street tree and one yard tree per lot which two of each on corner lots.
Park Dedication
The Park and Recreation Commission reviewed this plat at it's August 8th meeting and
recommended that the dry land area of Outlot B be increased to the 3.96 acres in order to
S:\PLANN1NG\MICHMC\CCREPRTS\P01-09.DOC
Memo to Mayor and City Council/P01-09
August 20, 2001
Page 4
meet the 10 percent requirement for land dedication. This is consistent with the Master Park
Plan.
Planning Commission Action
The Planning Commission conducted a public hearing regarding this request at its August
14, 2001 meeting. Mrs. Brown, adjacent property owner spoke of her concerns regarding
the general public accessing her property via the power line corridor.
The Commission voted unanimously to recommend approval of the request to the City
Council.
Final Plat Approval
The applicant is requesting final plat approval for Kliever Lake Hills. The final plat will
consist of the right of way for Street B and one lot for the water tower. The remainder of
the property will be platted as an Outlot.
Recommendation
Staff and the Planning Commission recommend that the City Council approve the attached
Resolution including the subject property in the Urban Service District prior to 2007 based
on the following findings:
THE PARCEL IS CURRENTLY IDENTIFIED IN THE
COMPREHENSIVE PLAN AS MEDIUM DENSITY RESIDENTIAL AND
WITHIN THE URBAN SERVICE DISTRICT;
0
URBAN SERVICES WILL BE AVAILABLE FOR EXTENSION TO THE
PROPERTY FROM THE KLIEVER LAKE FIELDS DEVELOPMENT IN
2002;
e
THERE IS NO FINANCIAL IMPACT TO THE CITY OF ELK RIVER
FOR THE EXTENSION OF URBAN SERVICES TO THIS PARCEL;
e
THE PARCEL CAN BE SERVICED WITHOUT IMPACT TO OTHER
PARCELS WITHIN THIS AREA OF THE URBAN SERVICE DISTRICT.
Staff and the Planning Commission recommend that the City Council approve the
preliminary plat of Kliever Lake Hills with the following conditions:
1. ALL COMMENTS OF THE CITY ENGINEER SHALL BE ADDRESSED.
STAFF AND THE DEVELOPER SHALL WORK TO DEVELOP A
GRADING AND TREE PRESERVATION PLAN THAT WILL SAVE AS
MANY TREES ON THE SITE AS POSSIBLE.
S:\PLANNING\MICHMC\CCREPRTS\P01-09.DOC
Memo to Mayor and City Council/P01-09
August 20, 2001
Page 5
OUTLOTS B AND C SHALL BE SHALL BE DEEDED TO THE CITY
WHEN THE PLAT IS RECORDED. THE TOTAL LAND AREA SHALL
EQUAL 3.96 ACRES, THEREFORE OUTLOT BE SHALL BE REVISED
TO ADD ADDITIONAL PROPERTY TO THE DEDICATION.
SIDEWALK SHALL BE CONSTRUCTED ALONG ONE SIDE OF EACH
OF THE THREE STREETS.
STREET LIGHTS SHALL BE INSTALLED AS REQUIRED BY ELK
RIVER MUNICIPAL UTILITIES.
A SEALCOAT FEE SHALL BE PAID PRIOR TO RELEASING THE
PLAT FOR RECORDING.
ge
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.
THE APPLICANT SHALL EXECUTE A DEVELOPER'S AGREEMENT
OUTLINING THE TERMS AND CONDITIONS OF APPROVAL.
THE APPLICANT SHALL PAY $300 PER UNIT TO ELK RIVER
MUNICIPAL UTILITIES FOR WATER AVAILABILITY CHARGES.
10.
THE DEVELOPER WILL BE RESPONSIBLE FOR PROVIDING THE
FINAL GRADE FOR THE PARK AND ESTABLISHING VEGETATIVE
COVER.
11.
THE DEVELOPER SHALL BE RESPONSIBLE FOR MARKING PARK
BOUNDARIES WITH THE CITY'S PARK BOUNDARY SIGNS.
12.
THE PARK SURVEY INFORMATION SHALL BE PROVIDED IN THE
REQUIRED ELECTRONIC FORMAT.
Staff also recommends that the City Council approve the final plat of Kliever Lake Hills with
the above conditions.
S:\PLANNING\MICHMC\CCREPRTS\P01-09.DOC
CITY OF ELK RIVER
RESOLUTION NO. 01 -
A RESOLUTION TO AMEND THE URBAN SERVICE AREA MAP OF THE
COMPREHENSIVE PLAN TO INCLUDE CERTAIN PROPERTY IN THE
URBAN SERVICE DISTRICT PRIOR TO 2007
Case No. LU 01-05
WHEREAS, Minnesota Statutes, Chapter 462.355, Subdivision 2, prescribes the procedure
for amending the Comprehensive Plan, and
WHEREAS, the Planning Commission held a public hearing on Tuesday, August 14, 2001,
and recommended approval regarding the Comprehensive Plan amendment request for the property
generally described as:
The Southwest Quarter of the Northwest Quarter, Section 1, Township 32,
Range 26, Sherburne County, Minnesota
arld~
WHEREAS, the City Council has reviewed the Comprehensive Plan amendment request
and finds the following:
1. THE PARCEL IS CURRENTLY IDENTIFIED IN THE COMPREHENSIVE PLAN AS
MEDIUM DENSITY RESIDENTIAL AND WITHIN THE URBAN SERVICE
DISTRICT;
2. URBAN SERVICES WILL BE AVAILABLE FOR EXTENSION TO THE PROPERTY
FROM THE KLIEVER LAKE FIELDS DEVELOPMENT IN 2002;
3. THERE IS NO FINANCIAL IMPACT TO THE CITY OF ELK RIVER FOR THE
EXTENSION OF URBAN SERVICES TO THIS PARCEL;
4. THE PARCEL CAN BE SERVICED WITHOUT IMPACT TO OTHER PARCELS
WITHIN THIS AREA OF THE URBAN SERVICE DISTRICT.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Elk River
that the date for extension of urban services to be extended to this parcel be amended from 2007 to
2001.
PASSED by the City Council of the City of Elk River this 20th day of August, 2001.
ATTEST:
Stephanie Klinzing, Mayor
Sandra A. Peine, City Clerk
S:\PLANNING\RESOLUTI\lu01-05.doc
RESOLUTION NO. 01 -
CITY OF ELK RIVER
A RESOLUTION GRANTING FINAL PLAT APPROVAL FOR:
Kliever Lake Hills
Case No. P 01-09
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 August 20, 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.
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
siltation, susceptibility to flooding, and drainage are suitable for the
type and density of development and uses contemplated.
Do
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.
The proposed subdivision will not conflict with easements of record
or with easements established by judgment of a court.
G°
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\RESOLUTI~p01-09.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:~PLANNING\RESOLUTI~p01-09.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~p01-09.doc Page 4
EXHIBIT A
The Southwest Quarter of the Northwest Quarter, Section 1, Township 32,
Range 26, Sherburne County, Minnesota.
S:~PLANNING\RESOLUTI~p01-09.doc Page 5
EXHIBIT B
e
6o
o
0
10.
11.
12.
ALL COMMENTS OF THE CITY ENGINEER SHALL BE ADDRESSED.
STAFF AND THE DEVELOPER SHALL WORK TO DEVELOP A
GRADING AND TREE PRESERVATION PLAN THAT WILL SAVE AS
MANY TREES ON THE SITE AS POSSIBLE.
OUTLOTS B AND C SHALL BE SHALL BE DEEDED TO THE CITY
WHEN THE PLAT IS RECORDED. THE TOTAL LAND AREA SHALL
EQUAL 3.96 ACRES, THEREFORE OUTLOT BE SHALL BE REVISED
TO ADD ADDITIONAL PROPERTY TO THE DEDICATION.
SIDEWALK SHALL BE CONSTRUCTED ALONG ONE SIDE OF EACH
OF THE THREE STREETS.
STREET LIGHTS SHALL BE INSTALLED AS REQUIRED BY ELK
RIVER MUNICIPAL UTILITIES.
A SEALCOAT FEE SHALL BE PAID PRIOR TO RELEASING THE
PLAT FOR RECORDING.
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.
THE APPLICANT SHALL EXECUTE A DEVELOPER'S AGREEMENT
OUTLINING THE TERMS AND CONDITIONS OF APPROVAL.
THE APPLICANT SHALL PAY $300 PER UNIT TO ELK RIVER
MUNICIPAL UTILITIES FOR WATER AVAILABILITY CHARGES.
THE DEVELOPER WILL BE RESPONSIBLE FOR PROVIDING THE
FINAL GRADE FOR THE PARK AND ESTABLISHING VEGETATIVE
COVER.
THE DEVELOPER SHALL BE RESPONSIBLE FOR MARKING PARK
BOUNDARIES WITH THE CITY'S PARK BOUNDARY SIGNS.
THE PARK SURVEY INFORMATION SHALL BE PROVIDED IN THE
REQUIRED ELECTRONIC FORMAT.
S:\PLANNING\RESOLUTI~p01-09.doc Page 6
Case Number:
Location Map
P 01-09
LU 01-05
N
Green Qorn any
August 7, 2001
File: 814770J-0240
Ms. Michele McPherson
Director of Planning
City of Elk River
13065 Orono Parkway
P.O. Box 490
Elk River, Minnesota 55330-0490
RE: KLIEVER LAKE HILLS ADDITION
Dear Ms. McPherson:
As requested, we have reviewed the submittal package for the Kliever Lake Hills
Addition. The submittal package consisted of a preliminary plat, a preliminary grading
plan, a preliminary site and utility plan, and a preliminary landscape plan. Based on our
review and comments received at the staff review meeting, we would offer the following
comments:
The parcel is approximately 40 acres in size with the southwest comer
encompassing a portion of Kliever's Marsh. The property is zoned Rle, requiring
a minimum lot size of 12,000 square feet. The preliminary plat shows a total of
39 lots on the site, all at least 20,000 square feet in size.
The preliminary grading plan shows mass grading of virtually the entire site
covered by lots. This plan indicates that there would be very few trees saved on
this heavily wooded site. We believe that there may be a better layout including
a slight modification to potential street alignments and grading modifications to
allow the saving of more of the existing vegetation. We would suggest that the
Planning Commission direct staff to work with the developer to come up with a
grading plan which maintains the same number of lots but saves more trees on
the entire site.
3. There are an existing house and garage on the site which fall into Lot 9, Block 5.
Outlot A in the southeast corner of the site is a one-acre parcel anticipated to be
acquired by the Elk River Municipal Utilities for a future water tower location.
O:~ROJ~814770J\0240~.tr-080701 -McPherson.doc
1326 Energy Park Drive · St. Paul, MN 55108 · 651/644-4389 fax 651/644-9446 toll free 888/368-4389
Ms. Michele McPherson
August 7, 2001
Page Two
The preliminary utility layout shows sanitary sewer flowing to the north, ultimately
connecting with the Kliever Lake Fields development. Watermain is looped
throughout the site making provisions to connect to Kliever Lake Fields Addition
on the north, the Mitchell Property on the south, and the currently undeveloped
property to the east. Development of utilities on this project will be dependent on
the development of a utility system in Kliever Lake Fields Addition first so that
there is a system with which to connect.
No drainage calculations have been provided. However, a drainage concept with
pond locations in the northeast and northwest corners seems to be viable.
7. The typical street section shown on the submittal is appropriate.
We would recommend approval of the Kliever Lake Hills Addition with the stipulation that
staff is to work closely with the developer to modify the grading plan in an effort to
maximize the amount of existing vegetation saved by the development prior to City
Council consideration.
If you have any questions regarding these comments, please call.
Sincerely,
Howard R. Green Company
Te~~. aumr'~, p.E.~~
TJM:mw
Howard R. Green Company
O:"PROJ~814770J\0240~tr'080701'McPhe~3,~ U LTl N G ENGINEERS
June 1, 2001
Honorable Mayor Stephanie Klinzing
Elk River City Councilmembers
13065 Orono Parkway
Elk River, MN 55330
Dear Mayor Klinzing and Councilmembers:
As you are aware, Riverside Companies has negotiated with Elk River Utilities to sell one acre of
land for the construction of a water tower in east Elk River. The acre of land is within a 40-acre
parcel south of the Holzem property south of County Road 12. This property is not currently
within the Urban Service District nor is it platted. We will be submitting a land use amendment and
preliminary plat request for review by the Planning Commission in July.
Our purchase agreement defers trunk watermain assessments and fees until development occurs. At
this time it is unknown if trunk sewer will be installed at the same time as the trunk watermain. We
would like to clarify our position regarding trunk sanitary sewer assessments. If trunk sanitary sewer
were installed, we would request that assessments be deferred until Fall 2003. We do not anticipate
developing this property until that time. If trunk sanitary sewer were not installed, we would follow
the City's assessment policy at the time that the property was developed for residential purposes.
It is our hope that the City Council finds the above positions favorable.
If you have any questions, Daryl Thompson will be in attendance at your June 4, 2001 meeting to
further discuss this.
Sincerely,
Richard Foster
Riverside Development
$:\PLANNING\MICHMC\LETrERS\Foster Watertower.doc
OUTLOT B
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LANDSCAPE NOES
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PLANTIN(; DETAIL
PRELIMINARY T°~er
LANDSCAPE PLAN
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OUTLOT A
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DATE RECEIVED
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SITE AND UTILITY PLAN
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KLIEV~R LAKE HILLS
I~T 2 ~ 4