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6.4. SR 01-20-1998*y of iver MEMORANDUM Item # 6.6. TO: FROM: DATE: SUBJECT: Mayor and City Council Steve Ach, City Planner~~ January 20, 1998 Request for Final Plat Approval (Park Knoll) by Derrick Investment Companies, Case No. P 97-19 Issue Consider Resolution No. 98- , granting final plat approval for Derrick Investment Company (Park Knoll). Attachments Location map Resolution No. 98- Final plat Minutes from October 7, 1996 City Council meeting Overview The proposed final plat is consistent with the preliminary plat approved by the City Council on October 7, 1996. At that meeting the Council granted preliminary plat approval for a planned unit development consisting of 15 townhouse lots (60 units) and 7 single family lots fronting on 193ra Avenue. The final plat includes 7 single family lots ranging in size from 10,400 sq. ft. up to 11,060 sq. ft. All of the lots meet the minimum frontage and lot depth requirements. Utilities to serve the 7 lots were installed along with the improvements to the townhouse portion of the planned unit development. Derrick Investment was required to extend the watermain to the east limits of this plat, as it will be necessary to extend the watermain to Holt Avenue in order to serve property along Highway 169. 13065 Orono Parkway · P.O. Box 490 ° Elk River, MN 55330 · TDD & Phone: (612) 441-7420 · Fax: (612) 441-7425 Memo To Mayor and City Council/P 97-19 January 20, 1998 Page 2 As a condition of preliminary plat approval, a Declaration of Covenants was recorded against Outlot A, Elk Run. This covenant set a minimum value of $130,000.00 for single family homes developed on the seven lots. To avoid any confusion and ensure this stipulation carries over to each lot in the subdivision, another covenant for each lot should be recorded at Sherburne County. Recommendation It is recommended the City Council approve Resolution No. 98-__, granting final plat approval for Derrick Investment (Park Knoll), creating 7 single family lots with the following conditions: A DEVELOPER'S AGREEMENT BE PREPARED AND EXECUTED PRIOR TO RELEASING THE FINAL PLAT FOR RECORDING. ° APPROPRIATE DRAINAGE AND UTILITY EASEMENTS BE PROVIDED THROUGHOUT THE ENTIRE PLAT. ° PARK DEDICATION BE PAID PRIOR TO RELEASING THE PLAT FOR RECORDING THE PLAT WITH SHERBURNE COUNTY. 4. SURFACE WATER MANAGEMENT FEE BE PAID PRIOR TO RECORDING. WATER AVAILABILITY CHARGE BE PAID TO ELK RIVER MUNICIPAL UTILITIES PRIOR TO RELEASING THE PLAT FOR RECORDING. ° DEVELOPER SHOULD CHECK WITH ELK RIVER MUNICIPAL UTILITIES FOR ANY ADDITIONAL CHARGES WHICH MAY NEED TO BE PAID ALONG WITH DEVELOPING THE SINGLE FAMILY LOTS. o A DEVELOPMENT PLAN BE SUBMITTED TO THE CITY FOR REVIEW AND APPROVAL PRIOR TO ISSUANCE OF BUILDING PERMITS. PRIOR TO ISSUANCE OF A BUILDING PERMIT, THE DEVELOPER SHALL CERTIFY THE GRADING HAS BEEN COMPLETED IN ACCORDANCE WITH THE GRADING PLAN. A DECLARATION OF RESTRICTIVE COVENANTS SHALL BE FILED ON EACH LOT IN THE PLAT SETTING A MINIMUM VALUE OF $130,000.00. s:\council\p97-19, doc RESOLUTION NO. 98 - CITY OF ELK RIVER A RESOLUTION GRANTING FINAL PLAT APPROVAL FOR: PARK KNOLL Case No. P 97-19 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 October 7, 1996; and WHEREAS, the proposed final plat is consistent with the preliminary plat as approved by the City Council; and WHEREAS, the proposed final plat complies with each of the conditions set forth by the City Council in its approval of the preliminary plat of the Property; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELK RIVER, as follows: It is hereby determined by the City Council for the City of Elk River as follows: Ao The proposed subdivision is consistent with the Zoning Ordinance and conforms with all of its requirements. 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. Fo 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. o 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: \\elkriver\sys\shrdoc\document\resoluti\p97-19.doc WHEREUPON the resolution is adopted. Passed and adopted this __ day of .,1998. 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 ., 1998. WITNESS my hand officially as such Clerk and the corporate seal of the City this __ day of ., 1998. Sandra Thackeray, City Clerk STATE OF MINNESOTA SS. COUNTY OF SHERBURNE The foregoing instrument was acknowledged before me this __ ~, 1998, by Henry Duitsman, Mayor, City of Minnesota. Elk day of River, Notary Public \\elkriver\sys\shrdoc\document\resoluti\p97-19.doc STATE OF MINNESOTA SS. COUNTY OF SHERBURNE The foregoing instrument was acknowledged before me this , 1998, 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 \\elkriver\sysXshrdoc\document\resoluti\p97-19.doc EXHIBIT A Outlot A, Elk Run, Sherburne County, Minnesota. \\elkriver\sys\shrdoc\document\resoluti\p97-19.doc o EXHIBIT B A DEVELOPER'S AGREEMENT BE PREPARED AND EXECUTED PRIOR TO RELEASING THE FINAL PLAT FOR RECORDING. APPROPRIATE DRAINAGE AND UTILITY EASEMENTS BE PROVIDED THROUGHOUT THE ENTIRE PLAT. PARK DEDICATION BE PAID PRIOR TO RELEASING THE PLAT FOR RECORDING THE PLAT WITH SHERBURNE COUNTY. SURFACE WATER MANAGEMENT FEE BE PAID PRIOR TO RECORDING. WATER AVAILABILITY CHARGE BE PAID TO ELK RIVER MUNICIPAL UTILITIES PRIOR TO RELEASING THE PLAT FOR RECORDING. DEVELOPER SHOULD CHECK WITH ELK RIVER MUNICIPAL UTILITIES FOR ANY ADDITIONAL CHARGES WHICH MAY NEED TO BE PAID ALONG WITH DEVELOPING THE SINGLE FAMILY LOTS. A DEVELOPMENT PLAN BE SUBMITTED TO THE CITY FOR REVIEW AND APPROVAL PRIOR TO ISSUANCE OF BUILDING PERMITS. PRIOR TO ISSUANCE OF A BUILDING PERMIT, THE DEVELOPER SHALL CERTIFY THE GRADING HAS BEEN COMPLETED IN ACCORDANCE WITH THE GRADING PLAN. A DECLARATION OF RESTRICTIVE COVENANTS SHALL BE FILED ON EACH LOT IN THE PLAT SETTING A MINIMUM VALUE OF $130,000.00. s:\document\resoluti\p97-19.doc PARK CITY OF ELK RIVER KNOLL SHERBURNE COUNTY 0 _ 4() q(', ' 20 ';,CA~..E: t ~NCH ,, 4C FE['T HY- LAND SURVEYING. P. ~. LOCATIOH LOCATION ~ o, MAP -,E~[ i o cu ~,-~q I ]306,50rE~;oR~va;rk, wj~:.303.0]3ox 490 ASE: p !12 // LOCATION PUD Rlc Rlc Rle PUD Rle I City of ver ZONING ~ MAPco ~ qG- Iq I 13065 Orono Parkway · P.O. Box 490 CASE: Elk River. MN 55330 SEVEN SINGLE. FAMILY LOTS 929 : S70'04'0~'v- CBTTAGES 195R1) LOT 2 LO/ S I .?.tis 't I~ I I IIi O~ ELK RI AVENUE N.W. LOT 4 .... LII'~. 'B' 5'13'V / LOT $ LOt 6 Ia' co' $~'c-~5'13'V / ! DECLARATION OF RESTRICTIVE COVENANTS THIS DECLARATION is made this,~ day of Homesteads of Elk River, Inc., a Minnesota corporation ("Declarant")( 199¢, by Cottage RECITALS: A. Declarant is the owner of certain real property located in Sherbume County, Minnesota, and legally described as Outlot A, Elk Run (the "Property"). B. Declarant intends to develop the Property and, in connection therewith, has agreed that certain real covenants in favor of the City of Elk River (the "City") be recorded against the Property. Now, THEREFORE, Declarant makes the following declaration: DECLARATION 1. Restrictive Covenant. No single family residence may b~ constructed on a lot comprising a part of the Property, which residence, including the value of the land and improvements appurtenant thereto, costs less than $130,000. 2. Legal Effect. The restrictive covenant set forth in paragraph 1' a. Is intended to benefit only the City, personally in gross and may be amended, modified or terminated only with the written consent of the City (except as otherwise expressly set forth hereinbelow); b. Is a covenant binding upon and running with the land comprising the Property. IN WITNESS WHEREOF, this instrument has been executed effective as of the date first above ' written. COTTA~OMESTEADS INC. By:~ State of Minnesota ) ) County of Hennepin ) SS. The foregoing instrument was acknowledged before me this l~~' . day of ~¢c_~ ,r~ 1997, by Michael W. Saxton, the president of Cottage Homesteads of Elk River, Inc., a Minnesoth corporation, on behalf of the corporation. ~ ¢.~ ._~ Notary Public This Instrument Drafted By: Fabyanske, Svoboda, Westra & Hart, P.A. 920 Second Avenue South, Suite 1100 Minneapolis, MN 55402 N:~DOC~IvlH~94107 ER\Govt\CityCove 297 4.5b. Discuss Sherburne County Household Hazardous Waste Collection Day Page Zoning Assistant Kendra Lindahl informed the Council that the Sherburne County household hazardous waste clean up event on September 21 was a success. 4.5c. Code Enforcement Issues Zoning Assistant Kendra Lindahl reviewed code enforcement updates pertaining to 1996 complaints received by the zoning depadment. 4.5d. Discuss Chanqes to the Wetland Conservation Act Building and Zoning Administrator Steve Rohlf reviewed the significant changes to the Wetland Conservation Act for 1996. 4.6. Gradinq Quotes for Baseball/Softball Recreation Fields Street/Park Superintendent Phil Hals indicated that due to the busy time of year he has received only one quote for grading the Cass property, however, he expects to receive two more quotes within the week. COUNCILMEMBER FARBER MOVED TO AUTHORIZE STAFF TO REVIEW THE THREE QUOTES AND TO APPROVE THE LOW QUOTE FOR GRADING OF THE CASS FIELDS PROVIDING THAT THE QUOTE IS UNDER $25,000. COUNCILMEMBER SCHEEL SECONDED THE MOTION. THE MOTION CARRIED 5-0. 4.7. Consider Meetinq Date for MSF Worksession Assistant City Administrator Lori Johnson indicated that the City Administrator is requesting the Council to call a special meeting in order to hold a worksession regarding the Minnesota Sports Federation. 5.1a. 5.1b. 5.1c. COUNCILMEMBER SCHEEL MOVED TO CALL A SPECIAL MEETING OF THE CITY COUNCIL ON THURSDAY, OCTOBER 17, AT 6 P.M. TO DISCUSS THE MINNESOTA SPORTS FEDERATION PROPOSAL. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 5-0. Derrick Investment Preliminary Plat Derrick Investment Conditional Use Permit Derrick Investment Rezoninq City Planner Steve Ach indicated that the Council is requested to reconsider the following applications: al rezoning of approximately 15 acres from R1c to PUD; b) preliminary plat request to subdivide approximately 17 acres in;o 6 single family lots and 15 townhouse lots; and cl a conditional use permit request for site plan review of a proposed 60 unit senior townhouse project as a planned unit development. Steve Ach indicated that he met with the developer several times to review issues of concern which the Council had on September 16, 1996. Mayor Duitsman reopened the public hearing. Elk River City Council Meeting October 7, 1996 Page 4 Terry Lenz, 11829 Highland Road, thanked the Mayor and Council for their consideration of the project and indicated that she hoped the project was approved. Councilmember Farber indicated that the development would have a major impact on the neighborhood which would not add to the population of the schools. Councilmember Farber requested the Councilmembers to consider waiving the park and recreation fees. He stated that if the park fees were not waived, the developer could develop the property with single family lots, making the property more dense. Councilmember Scheel indicated she would also like to see the park dedication fees waived. Councilmember Scheel also stated that if the park is going to be a city park, she would like to see it designated as a park for senior citizens. Councilmember Dietz and Mayor Duitsman indicated that they were not in favor of waiving the park dedication fees as it would set a precedence which would affect other developers. Roger Derrick, developer, discussed with the Council eight issues of concern which are as follows: o ° Request that the area assessment for sanitary sewer of $3,800 per acre be waived for the 1.7 acres that will not be used. Eliminate the concrete curb and gutter along the driveways within the project. Eliminate the sidewalk along Highland Road. Waive the requirement to extend the waterline along 193rd Avenue from the projects northeast corner along the cemetery to Holt Street. Authorize grading on the city park property to facilitate the construction of a driveway next to the westerly property line. Approve the preliminary plot with seven single family lots along 193rd Avenue. Authorize the payment of installation of utilities for the townhomes as part of the building permit fee. In addition, consider payment of park dedication and other development fees at time of building permit. Authorization to start grading prior to final plat recording. There being no further comments, Mayor Duitsman closed the public hearing. Discussion was held regarding Item #7. City Attorney Peter Beck indicated that staff can work with the developer to address this issue and include language in the planned unit development agreement. This issue would apply only to the townhomes. IAfter di s~cussion rega rd ing these issues, it was the consensus of the C~ authorize approval of the preliminary plat including Mr. Derrick's conditions ~numbers 2-8, but excluding condition number 1. ,..-- ~ ~ Elk River City Council Meeting October 7, 1996 Page 5 COUNCILMEMBER SCHEEL MOVED TO APPROVE THE PRELIMINARY PLAT FOR DERRICK INVESTMENT COMPANY TO SUBDIVIDE 17 ACRES INTO 7 SINGLE FAMILY LOTS AND 15 TOWNHOUSE LOTS WITH THE FOLLOWING CONDITIONS: A DEVELOPER'S AGREEMENT BE PREPARED AND EXECUTED PRIOR TO RELEASING THE FINAL PLAT FOR RECORDING. A PLANNED UNIT DEVELOPMENT AGREEMENT BE PREPARED AND EXECUTED PRIOR TO RELEASING THE PLAT FOR RECORDING. ALL OF THE COMMENTS OUTLINED IN TERRY MAURER'S MEMO DATED SEPTEMBER 13, 19'96, BE INCORPORATED INTO THE PLAT FOR APPROVAL. APPROPRIATE DRAINAGE AND UTILITY EASEMENTS BE PROVIDED THROUGHOUT THE ENTIRE PLAT TO ALLOW THE EXTENSION OF UTILITIES. A CASH PAYMENT BE MADE TO SATISFY THE PARK DEDICATION REQUIREMENTS IN THE AMOUNT REQUIRED BY THE CITY AT THE TIME OF FINAL PLAT OF EACH PHASE. PAYMENT SCHEDULE SHALL BE OUTLINED IN THE PLANNED UNIT DEVELOPMENT AGREEMENT. METHOD OF PAYMENT OF SURFACE WATER MANAGEMENT FEE TO BE OUTLINED IN THE PUD AGREEMENT. THE DEVELOPER HAS AGREED TO PROVIDE THE CITY WITH DOCUMENTATION THAT WILL STATE THE MINIMUM PRICE OF THE HOMES TO BE BUILT ON LOTS 1 THROUGH 7 ALONG 193RD AVENUE. o A WATER AVAILABILITY CHARGE OF $300 PER LOT BE PAID TO ELK RIVER UTILITIES BE PAID PRIOR TO RELEASING THE PLAT FOR RECORDING. THE DEVELOPER MAY REQUEST ELK RIVER UTILITIES CONSIDER ALLOWING THIS FEE TO BE MADE AT THE TIME OF BUILDING PERMIT ISSUANCE. THE DEVELOPER SHOULD CONSULT WITH ELK RIVER UTILITIES TO DETERMINE ANY ADDITIONAL FEES OR CHARGES THAT MAY BE REQUIRED. ANY STREET LIGHTS REQUIRED BY ELK RIVER UTILITIES BE INCORPORATED INTO THE PROJECT AND BE MADE PART OF THE DEVELOPER'S AGREEMENT. 10. A GRADING PLAN BE PROVIDED FOR REVIEW AND APPROVAL BY THE CITY ENGINEER PRIOR TO COMMENCING WORK ON SITE. 11. A DEVELOPMENT PLAN IDENTIFYING FINISHED FLOOR ELEVATION AND TYPE OF HOME BE PROVIDED TO THE CITY ENGINEER FOR REVIEW. 12. DEVELOPER SIGN A PETITION WAIVING RIGHTS TO APPEAL ASSESSMENT FOR THE UTILITIES TO BE INSTALLED AS PART OF THIS PROJECT. 13. THE DEVELOPER BE RESPONSIBLE FOR EXTENDING UTILITIES TO THE WESTERN LIMITS OF THE PLAT. 14. PROPERTY WILL NEED TO BE ASSESSED $3,800.00 PER ACRE FOR TRUNK SEWER AND WATER. ~ Elk River City Council Meeting October 7, 1996 Page 6 COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. COUNCILMEMBER FARBER MOVED TO APPROVE THE CONDITIONAL USE PERMIT FOR SITE PLAN REVIEW OF A 60 UNIT SENIOR TOWNHOUSE PLANNED UNIT DEVELOPMENT FOR DERRICK INVESTMENT COMPANY WITH THE FOLLOWING CONDITIONS: THE REZONING AND PLAT APPROVAL BE ACTED UPON BY THE CITY COUNCIL PRIOR TO APPROVING THE CONDITIONAL USE PERMIT. COMMENTS FROM TERRY MAURER'S MEMO DATED SEPTEMBER 13, 1996, BE INCORPORATED INTO THE SITE PLANS FOR APPROVAL. CONCRETE CURB AND GUT[ER BE PROVIDED THROUGHOUT ALL ROADWAYS THAT ARE 30 FEET WIDE. A COMPLETE LANDSCAPING PLAN BE SUBMI'rI'ED FOR REVIEW AND APPROVAL PRIOR TO COMMENCING WORK ON SITE. THE CENTER ISLAND IN THE DRIVEWAY OFF OF JACKSON BE CUT BACK OUT OF THE RIGHT-OF-WAY. ALL LANDSCAPED AREAS SHALL HAVE UNDERGROUND IRRIGATION. THE TOWNHOUSE UNITS DEVELOPED IN THIS PROJECT SHALL CONSIST OF THE FOLLOWING: CAMBRIDGE- 970 SQ. FT. DARTMOUTH- 1,154 SQ. FT. DEVONSHIRE- 1,175 SQ. FT. HEATHERTON- 1,412 SQ. FT. EDINBOROUGH- 1,595 SQ. FT. o NO PARKING SIGNS SHALL BE PROVIDED THROUGHOUT THE PROJECT AS REQUIRED BY THE FIRE CHIEF. A COMPLETE LIGHTING PLAN BE SUBMI'rI'ED FOR REVIEW PRIOR TO COMMENCING WORK ON SITE. 10. DEVELOPER PROVIDE THE CITY A COPY OF DOCUMENTS SUPPORTING THE SENIOR HOUSING PROJECT. COUNCILMEMBER SCHEEL SECONDED THE MOTION. THE MOTION CARRIED 5-0. COUNCILMEMBER FARBER MOVED TO ADOPT ORDINANCE 96-24, GRANTING THE REZONING OF APPROXIMATELY 15 ACRES FROM R1C, SINGLE FAMILY, TO PUD, PLANNED UNIT DEVELOPMENT, FOR SENIOR HOUSING PROJECT OF 15 BUILDINGS (60 UNITS) FOR DERRICK INVESTMENT COMPANY BASED ON THE FOLLOWING CONDITIONS: '1. THE DENSITY OF THE TOWNHOUSE PROJECT IS CONSISTENT WITH THE CURRENT LAND USE DESIGNATION OF MR (MEDIUM DENSITY RESIDENTIAL) AND OTHER SIMILAR PROJECTS WITHIN THE CITY. Elk River City Council Meeting October 7, 1996 Page 7 2. THE PROJECT IS SERVED BY COLLECTOR STREETS ON TWO SIDES AND THE EXISTING ROADWAY SYSTEM CAN SUPPORT THE TRAFFIC THAT WILL BE GENERATED FROM THE PROPOSED PROJECT. 3. THE REZONING IS A LOGICAL TRANSITION OF LAND USE BETWEEN THE HIGHWAY COMMERCIAL IMMEDIATELY TO THE EAST, MULTI-FAMILY TO THE SOUTH AND SINGLE FAMILY RESIDENTIAL TO THE WEST AND NORTH. 4. THE AVAILABLE INFRASTRUCTURE IS SIZED ACCORDINGLY AND CAN BE EXTENDED TO SERVE THE PROPOSED PROJECT. 5. BY SAVING THE NATURAL RIDGE LINE AND MATURE TREES ON SITE, THE PROPOSED PROJECT MEETS THE INTENT OF A PLANNED UNIT DEVELOPMENT THROUGH CREATIVE DESIGN AND PRESERVATION OF NATURAL RESOURCES. COUNCILMEMBER SCHEEL SECONDED THE MOTION. THE MOTION CARRIED 5-0. 6. Open Mike There was no one present. 7. Other Business None presented. 8. Staff Updates None presented. 9. Adjournment There being no further business, COUNCIl. MEMBER FARBER MOVED TO ADJOURN THE MEETING. COUNCILMEMBER SCHEEL SECONDED THE MOTION. THE MOTION CARRIED 5-0. The meeting of the Elk River City Council was adjourned at 7:40 p.m. Respectfully submitted, Sandra Thackeray City Clerk