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6.11. SR 05-19-1997ity of iver FROM: Item # 6.11. MEMORANDUM Mayor and City Council Steve Ach, City Planner~ DATE: May 19, 1997 SUBJECT: Request for Final Plat Approval (Hillside Estates Seventh Addition), Case No. P 97-5 I$$lte Consider Resolution No. 97- , granting final approval for Hillside Estates Seventh Addition by Phoenix Enter ~rises. Location 197tn and Baldwin Circle. Zoning/Land Use PUD (Planned Unit Development) MR (Medium Density Residential) Attachments Resolution No. 97- , granting final plat approval · Letter from the City Engineer dated May 15, 1997 · Final plat Approved preliminary plat Background This final plat was also part of the original Hillside Estates 4th preliminary plat approval. The final plat consists of 18 lots and the extension of 197th Avenue and construction of Baldwin Circle. The final plat is bordered on the west by a UPA power easement and on the south by an NSP power easement. The final plat should be amended to reflect these easements. As mentioned in the report for the Hillside Estates Sixth Addition, the corner lot in this plat, specifically, Lot 1, Block 2, does not meet the minimum lot width of 100 13065 Orono Parkway · P.O. Box 490 · Elk River, MN 55330 · (612) 441-7420 · Fax: (612) 441-7425 Memo to the Mayor and City Council/P 97-5 May 19, 1997 Page 2 Park Dedication As mentioned, this plat was also part of the Hillside Estates Fourth Addition preliminary plat approval, whereby the park dedication requirements were satisfied through the dedication of land and a park trail corridor. Recommendation It is recommended the City Council approve Resolution No. 97- , granting final plat approval for Hillside Estates Seventh Addition with the following conditions: A developer's agreement be prepared and executed prior to releasing the final plat for recording. o Street lights be installed throughout the development as required by Elk River Municipal Utilities. o Payment of the surface water management fee be made prior to releasing the final plat for recording. o Payment of a water availability charge to Elk River Municipal Utilities be completed prior to releasing the final plat for recording. 5. Payment of a sealcoat fee prior to releasing the final plat for recording. o The developer's engineer certify the grading has been completed prior to the issuance of any building permits. A grading and development plan be submitted for the City Engineer's review and approval prior to issuance of building permits. Prior to releasing the final plat for recording, all outstanding engineering and legal fees be paid. A landscape plan be submitted identifying all of the required front yard trees. 10. Cluster mailbox design be utilized throughout the entire development. 11. A financial guarantee for the utility improvements be provided to the city prior to any work commencing. X\elkriver\sys\shrdockcouncilXp97-5.doc RESOLUTION NO. 97 - CITY OF ELK RIVER A RESOLUTION GRANTING FINAL PLAT APPROVAL FOR: HILLSIDE ESTATES SEVENTH ADDITION Case No. P 97-5 WHEREAS, application has been made for final plat approval, pursuant to Section 1008.08 (1)(c) of the Elk River City Code of Ordinances, of the property legally described on attached Exhibit A and hereinafter referred to as "the Property"; and WHEREAS, the application for preliminary plat approval has been referred to the Planning Commission which has given its advice and recommendation to the City Council; and WHEREAS, a preliminary plat of the Property was approved by the City Council on August 1, 1994; 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. 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. The proposed subdivision makes adequate provision for water supply, storm drainage, sewage transportation, erosion bontrol 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. Go 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: kkelkriverksys\shrdoc\documentkresoluti\p97-5.doc WHEREUPON the resolution is adopted. Passed and adopted this ~ day of ,1997. Henry Duitsman, Mayor CERTIFICATE STATE OF MINNESOTA COUNTY OF SHERBURNE CITY OF ELK RIVER I, the undersigned, being the duly qualified and acting Clerk of the City of Elk River, Minnesota, hereby certify that the above resolution is a true and correct copy of the resolution as adopted by the City Council of the City of Elk River on ., 1997. WITNESS my hand officially as such Clerk and the corporate seal of the City this ~ day of ., 1997. Sandra Thackeray, City Clerk STATE OF MINNESOTA SS. COUNTY OF SHERBURNE The foregoing instrument was acknowledged before me this __ ., 1997, by Henry Duitsman, Mayor, City of Minnesota. Elk day of River, Notary Public XXelkriverXsysXshrdocXdocumentXresolutiXp97-5.doc STATE OF MINNESOTA SS. COUNTY OF SHERBURNE The foregoing instrument was acknowledged before me this __ ., 1997, by Sandra Thackeray, City Clerk, City of Elk Minnesota. day of River, Notary Public THIS INSTRUMENT WAS DRAFTED BY: DOHERTY RUMBLE & BUTLER 3500 Fifth Street Towers 150 South Fifth Street Minneapolis, MN 55402-4235 \Xelkriver\sysXshrdoc\documentXresolutiXp97-5.doc EXHIBIT A That part of the West Half of the Northwest Quarter of Section 26, Township 33, Range 26 and that part of the Northeast Quarter of Section 27, Township 33, Range 26 all in Sherburne County, Minnesota described as follows: Beginning at the northwest corner of said West Half of the Northwest Quarter of Section 26; thence on an assumed bearing of North 88 degrees 43 minutes 22 seconds East along the north line of said West Half of the Northwest Quarter a distance of 476.62 feet; thence South 1 degree 16 minutes 38 seconds East a distance of 148.75 feet; thence South 37 degrees 10 minutes 20 seconds West a distance of 68.29 feet; thence westerly a distance of 137.55 feet along a nontangential curve concave to the south having a central angle of 9 degrees 38 minutes 27 seconds, a radius of 817.22 feet and a chord which bears North 86 degrees 10 minutes 22 seconds West; thence south 4 degrees 10 minutes 12 seconds East a distance of 105.98 feet; thence South 7 degrees 31 minutes 38 seconds East a distance of 383.25 feet; thence South 29 degrees 55 minutes 47 seconds West a distance of 186.92 feet to the most westerly corner of Lot 1, Block I of HILLSIDE ESTATES FIFTH ADDITION, Sherburne County, Minnesota, according to the recorded plat thereof; thence North 63 degrees 43 minutes 59 seconds West a distance of 289.69 feet; thence North 25 degrees 03 minutes 30 seconds West a distance of 172.47 feet; thence North 00 degrees 01 minutes 26 seconds West a distance of 543.41 feet to the north line of said Northeast Quarter of Section 27; thence North 87 degrees 19 minutes 26 seconds East along said north line a distance of 543.41 feet to the north line a distance of 67.00 feet to the point of beginning. f:Xshrdoc\documentXresolutiXp97-5.doc o 10. 11. EXHIBIT B A DEVELOPER'S AGREEMENT BE PREPARED AND EXECUTED PRIOR TO RELEASING THE FINAL PLAT FOR RECORDING. STREET LIGHTS BE INSTALLED THROUGHOUT THE DEVELOPMENT AS REQUIRED BY ELK RIVER MUNICIPAL UTILITIES. PAYMENT OF THE SURFACE WATER MANAGEMENT FEE BE MADE PRIOR TO RELEASING THE FINAL PLAT FOR RECORDING. PAYMENT OF A WATER AVAILABILITY CHARGE TO ELK RIVER MUNICIPAL UTILITIES BE COMPLETED PRIOR TO RELEASING THE FINAL PLAT FOR RECORDING. PAYMENT OF A SEALCOAT FEE PRIOR TO RELEASING THE FINAL PLAT FOR RECORDING. THE DEVELOPER'S ENGINEER CERTIFY THE GRADING HAS BEEN COMPLETED PRIOR TO THE ISSUANCE OF ANY BUILDING PERMITS. A GRADING AND DEVELOPMENT PLAN BE SUBMITTED FOR THE CITY ENGINEER'S REVIEW AND APPROVAL PRIOR TO ISSUANCE OF BUILDING PERMITS. PRIOR TO RELEASING THE FINAL PLAT FOR RECORDING, ALL OUTSTANDING ENGINEERING AND LEGAL FEES BE PAID. A LANDSCAPE PLAN BE SUBMITTED IDENTIFYING ALL OF THE REQUIRED FRONT YARD TREES. CLUSTER MAILBOX DESIGN BE UTILIZED THROUGHOUT THE ENTIRE DEVELOPMENT. A FINANCIAL GUARANTEE FOR THE UTILITY IMPROVEMENTS BE PROVIDED TO THE CITY PRIOR TO ANY WORK COMMENCING. s:Xdocument\resolutiXp97-5.doc City of 13065 Orono Parkway · P.O. Box 490 Elk River, MN 55330 ZONING MAP c,s~. P 97 - 5 CON~[LTING ENGINEER~ 1326 Energy Park Drive St. Paul, MN 55108 612-644-4389 1-800-888-2923 Fax: 612-644-9446 May 14, 1997 File: 230-376-11 Mr. Steve Ach City Planner City of Elk River 13065 Orono Parkway P.O. Box 490 Elk River, MN 55330-0490 HILLSIDE ESTATES 7TH ADDITION FINAL PLAT APPROVAL Dear Mr. Ach: CIVIL ENGINEERING: ENVIRONMENTAL MUNICIPAL NNING SOLf~ WASTE STRUCTURAL SURVEYING TRAF[IC TRANSPORTATION ELECTRICAL/MECHANICAL ENGINEERING HVAC POWER DISTRIBUTION SCADA SYSTEM CONTROLS OFFICES IN: NNEAPOLIS PRIOR LAKE ST. PAUL WASECA As you requested, we have reviewed the f'mal plat for Hillside Estates 7th Addition. As with the 6th Addition, we fred that this plat is consistent with the preliminary plat for this entire area that was approved some time ago. Hillside Estates 7th Addition was also graded in mass at the time that Hillside Estates 5th Addition was developed. We have received the spot elevations on the final grading but have not, as yet, approved the final grading. A couple of comments on the layout of the plat are as follows: Lot 11, Block 2, has a rear lot frontage of 74.18. However, this lot has the appropriate frontage required by the Ordinance at the setback line. We question whether Lots 6 and 7, and a portion of 8, Block 2, should provide a ten foot easement along the rear lot line since they abut the power line easement, which will likely never be platted. If, in fact, a utility company wanted to run utility lines along these rear lot lines, a five foot easement is too small. With these minor comments, we would recommend approval of the final plat for Hillside Estates 7th Addition. If you have any questions regarding this, please call. Sincerely, MSA, CONSULTING ENGINEERS TJM:kh 376-1413.may An Equal Opportunity Employer LOT LAND HILLSIDE ESTATES SEVENTH ADDITION CITY OF ELK RIVER SHERBURNE COUNTY, MN. L,r.E.,~.r ,E.'_ L UTi. trY AND F. AS~U~T SURVEYS COMPANY, INC. SURVEYORS N 87'19' 26" £' I11 N_mJ~XL' _00: _E - - - 7 6 J 0 60 120 · DEIqOTES IRON ~ FOrgO oDENOTES 1/2 INCH BY 14 S~CH IRON ~ s~-r A~) )aaR~:D WrrH MI, I~:SOTA ~ NO. 21753 FOR THE ~ OF ~ Pr. AT ~ NORTH ~ OF ~ NW 1/4. SEC. 26. T. 3~,R. 26 IS ~ TO BEAR NORTH 88'4,3' 22" EAST. UTIJTY AND DRAI~GE £~ ARE. SHOWN THUS: SHEET 2 OF 2 SHEETS ,. ?!: ,/,/ . · '1 / ;,, ' / /. / / ' / -- 1 156.5 ¢ 3,1;5' -2 107..32 -N - ~ 82.15 'S' ",-O[-£RFI · " .' 19 7 TI :1 A V~q'!.U E...~.W; DATE SCxI~ IH rt_rT OWNER & DEV[LOPER: S UIWI=YOR/ENGINEER ZONING: PROPO$C O ZONING: P~OPOSEO B~,JILD~F~: SCIBACK$: PROPOSrD WA1ER SER~CE: P~3~osIr O S EWr..R TOTN. HUMI~_.R Olr LOIS: AV[R~r SIZE I.A~G[ST LOT SMALLEST LOT RIV[RSIOE D["v'L"LOPUEt~' CORP· UNff 4 241 EDit Uoln SIr~,I Elk R}ver, phone: 241-0714 FL~K,~NSON ANDERSON ASSOC. 222 Mor~oe Sb-eet A~oka. Minnesoto phone: 427-~860 Uoy ]1. 1994 RI[ PUO Ul,~m,Jm Lot a,'ea - M~m~ fronl Yord: ~l~mum ~de Yord: Uldmum R~r Y~d: I0 U~cI~ ~-er I].51g.07 ~[ I0.152.5~ ~U~[ PROPERLY D[SCRF)IIOiI FOR PREUMItp,R'y PLAT Pa~t of the West Holt of the Northwest Ouoder of S~ct;on 25 and U~I pod of t~e HOHh~QM Querier of Seclk:)n :27 which lies nQ~thedy OI U~e lout~l 928.55 feet thereof oil Jfl To.nship ,33, Range 20. Sherbu~ne County. Minnesota. I hereby certHy that U~ls ~-ve, y. plan e~- report wes prep<~ed by me or under my dlr~t euperv~,km o~d tho(I om e duly Regl~tered LQ~d Surveyor under the 14w$ Of the $1ale el U~ne$ota. Chorlel R. Chrielephe~sonReg. No. D~te REW1SION PRELIMINARY PLAT OF 2135.04.DWG I