6.6. SR 09-15-2003l ver
Item #
6.6.
MEMORANDUM
TO:
FROM:
DATE:
SUBJECT:
Mayor and City Council
Scott Harlicker, Senior Planner, S'
September 15, 2003
Case No. P 03-04, Request by S & Z Investments, Inc. for Final
Plat Approval - West Oaks
Request
Consider a request by S & Z Investments for Final plat approval of West Oaks
Location
The property is located south of Highway 10, west of Waco Street and north of Pinewood
Golf Course.
Zoning/Land Use
R3 (Townhouse District) / MR (Medium Density Residential)
Attachments
· Location map
· Final plat
Preliminary plat
· Development plans
Memo from the City Engineer
· Resolution No. 03-
The applicant is requesting final plat approval for West Oaks. The final plat includes 15
single family lots located along the south side of 183rd Avenue. The townhouse portion of
the plat will be final platted in future phases.
On July 21= the City Council approved a zone change from R Ic (Single Family Residential)
to R3 9Townhouse District) and preliminary plat approval of West Oak. The preliminary
plat included developing 38.18 acres into a 137 unit townhouse and single family residential
development with one 3.68 acre outlot. There are 15 single family lots and 122 townhouse
lots proposed. The property is bounded by Pinewood Golf Course on the south, Big Lake
Township to the west, undeveloped property to the north and Waco Street on the east. The
site is a mix of open fields adjacent to the golf course on the south 1/5 of the site. The
remaining area is a mix of wetlands and woodlands. Approximately 5 acres is wetland, about
3 acres is open area and the remaining 30 acres is woodlands. There are no existing
structures on the property.
The properties to the west in Big Lake Township are rural single family lots with wells and
septic systems. The 10 acres to the north is currently vacant; however; the owner of the
property has presented concept plans to staff for a townhouse development. There are 2
single family lots and a fairway for Pinewood Golf Course to the south. There are also a 2
single family lots abutting the project on the east. One is a ~ acre lot, the other is a 4.5 acre
lot.
The site is within the Urban Service District and will be connected to municipal water and
sewer.
Analysis
Layout
The final plat includes platting all the public streets in the project. The main streets through
the project, 183rd Avenue, Yankton Street and Xerxes Street.
The main access into the project is from Waco Street. The southerly east-west street, 183rd
Avenue will be extended through the plat to connect Waco street with 183rd Avenue in Big
Lake Township. Yankton Street will be constructed to the north boundary of the plat to
allow for future extension to the property to the north. The layout of the streets are
consistent with the approved preliminary plat.
Lots
The 15 single family lots are located along the south side of 183r~ Avenue and abut the
Pinewoods Golf Course. The lots comply with the minimum lot size requirements of the R3
Zoning District. Thirteen of the fifteen lots are 12,000 sf. in size; the remaining two are
18,000 sf. and 15,000 sr. The layout of the single family lots is consistent with the approved
preliminary plat.
The townhouse portion of the project will be platted as outlots. The individual townhouse
lots will be platted as part of future phases.
Park and Recreation
The applicant is meeting the park dedication requirements with a mix of cash and land
dedication. A 2.27-acre park is proposed in the southwesterly corner of the plat,
providing a buffer between the large lot single family development in Big Lake
Township and the proposed West Oaks Development. Of the 2.27 acres, .36 acres is
identified at wetland. As it is the City's policy to provide no credit for areas within
wetlands or easements, the total area eligible for dedication is 1.91 acres. Typically, the
City requires 10 percent land dedication, 100% cash dedication, or a combination thereof.
Ten percent of the area proposed to be developed is 3.45 acres (34.47 acres x 10%). The
remainder of the park dedication requirements will be cash.
Grading, Drainage and Utilities
Grading, drainage and utility issues are addressed in the City Engineer's memo.
Landscaping
Each of the single family lots will be required to have one boulevard tree and one front yard
tree.
Recommendation
Staff recommends that the City Council approve Resolution No. 03-
plat approval for West Oaks with the following conditions:
__ granting Final
A DEVELOPERS AGREEMENT BE PREPARED AND EXECUTED OUTLINING THE TERMS
AND CONDITIONS OF THE PLAT APPROVAL PRIOR TO RELEASING THE PLAT FOR
RECORDING.
2. THE DEVELOPER PROVIDES HOMEOWNER ASSOCIATION DOCUMENTS FOR THE CITY
ATTORNEY'S REVIEW AND APPROVAL PRIOR TO FINAL PLAT.
3. SURFACE WATER MANAGEMENT FEE BE PAID IN THE AMOUNT REQUIRED BY THE CITY
AT THE TIME OF FINAL PLAT PRIOR TO RELEASING THE PLAT FOR RECORDING.
4. PARK AND RECREATION FEE IN THE AMOUNT REQUIRED BY THE CITY AT THE TIME OF
FINAL PLAT BE PAID PRIOR TO RELEASING THE PLAT FOR RECORDING.
5. THE LETTER OF CREDIT SHALL COVER WETLAND MITIGATION. DRAINAGE EASEMENTS
SHALL BE IN PLACE OVER THE WETLAND AND THE WETLAND MITIGATION AREAS.
6. RESTRICTIVE COVENANTS SHALL BE RECORDED ON THE WETLAND AND THE WETLAND
MITIGATION AREAS.
7. A THREE YEAR MONITORING REPORT ON THE WETLAND MITIGATION IS REQUIRED.
8. THE CITY ENGINEER'S COMMENTS BE INCORPORATED INTO THE PLANS.
9. STREET LIGHTS BE INSTALLED AS REQUIRED BY ELK RIVER UTILITIES
10. A LE'n'ER OF CREDIT BE PROVIDED TO THE CITY IN THE AMOUNT OF 100% OF THE
COSTS OF THE PUBLIC IMPROVEMENTS.
11. 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 SUBMII'rED TO THE CITY FOR THE PERIOD OF ONE YEAR.
12. A SEALCOAT FEE IN THE AMOUNT TO BE DETERMINED BY THE CITY ENGINEER BE PAID
PRIOR TO RELEASING THE PLAT FOR RECORDING.
13. A GRADING AND EROSION CONTROL PLAN BE APPROVED BY THE CITY ENGINEER
PRIOR TO THE ISSUANCE OF BUILDING PERMITS.
14. A DEVELOPMENT PLAN BE APPROVED BY THE CITY ENGINEER PRIOR TO THE
ISSUANCE OF BUILDING PERMITS.
15. ALL GRADING BE CERTIFIED PRIOR TO THE ISSUANCE OF BUILDING PERMITS.
16. ALL MAILBOXES BE CLUSTERED.
17. A TREE PRESERVATION PLAN BE APPROVED PRIOR TO RELEASING THE PLAT FOR
RECORDING.
18. ANY TREES OFF SITE OR ON SITE, NEAR THE LIMIT OF GRADING THAT ARE TO BE
PRESERVED, SHALL BE FENCED WITH A SNOW FENCE AT THE DRIP LINE TO PREVENT
GRADING, COMPACTION, OR STORAGE OF EQUIPMENT, DEBRIS OR MATERIALS.
STAFF SHALL INSPECT FENCING PRIOR TO GRADING COMMENCING.
19. WATER ACCESSIBILTY FEES IN THE AMOUNT DETERMINED BY THE CITY BE PAID PRIOR
TO RELEASING THE PLAT FOR RECORDING.
20. ANY ITEM OR CONDITION FOUND THAT INDICATES THE SITE IS LIKELY TO YIELD
INFORMATION IMPORTANT TO PRE-HISTORY OR HISTORY SHALL BE REPORTED TO THE
CITY IMMEDIATELY. FURTHER, THE CITY RESERVES THE RIGHT TO STOP WORK
AUTHORIZED IN ITS APPROVAL UNTIL THE SITE IS APPROPRIATELY INVESTIGATED AND
WORK IS AUTHORIZED.
21. TOWNHOUSE ELEVATIONS SHALL COMPLY WITH THE DESIGN STANDARDS OF THE R3
ZONING DISTRICT.
136-2201
36-240~G
36.G200 10~136-3101
10-125-1402
t0-125~201
192ND
CITY LIMIT
10-136-12~0
CC*JRSE
CITY LIMIT
SITE
179TH
C~se Number:.
Location Map
P 03-04 WEST OAKS
N
Howard R
September 8, 2003
File: 812970J01-0240
, Green Company
Mr. Scott Harlicker
Senior Planner
City of Elk River
13065 Orono Parkway
Elk River, MN 55330
RE: WEST OAKS FINAL PLAT
Dear Mr. Hadicker:
As requested, we have reviewed the final plat of the West Oaks subdivision. The proposed final plat
includes all of the 15 single-family lots along the south boundary adjacent to Pinewood Addition. The
remainder of the development is divided into Outlots A through F. The plat also provides all of the
public streets' rights-of-way in the park area.
Having reviewed the final plat, we would offer the following comments:
· A minor amount of additional drainage and utility easement should be provided in Outlot A for the
watermain that is proposed to cross under the wetland area at the end of Pdvate Street "C."
· Our review comments on the construction plans suggested a review of the watermain looping in
Outlot F. Depending on how the developer decides to finally loop the watermain in this area, the
drainage and utility easements on the final plat may have to be modified. We would suggest that
the hard shell of the final plat not be prepared until that decision is made.
· Again, comments on the construction plans and specifications asked for sanitary sewer and water
stubs south of 183rd Avenue through Lot 15. This area should be reviewed to ensure that there is
adequate drainage and utility easement provided on Lot 15 to construct the proposed utilities.
With these minor comments, we would recommend approval of the final plat of West Oaks. We would
suggest that the revisions to the final plat be reviewed one more time versus the final construction
plans pdor to the preparing of the hard shells or filing with Sherbume County.
If you have any questions, please call.
Sincerely,
Howard R, Green Company
TJM:sw
L.tr-090803-Hadicker
1326 Energy Park Drive · St, Paul, MN 55108 · 651/644-4389 fax 651/644-9446 toll free 888/368-4389
RESOLUTION NO. 03 -
CITY OF ELK RIVER
A RESOLUTION GRANTING FINAL PLAT APPROVAL FOR:
West Oaks
Case No. P 03-04
WHEREAS, application has been made for final plat approval, pursuant to
Article V. Section 30-374 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 July 21, 2003; and
WHEREAS, the proposed final plat is consistent with the preliminary plat
as approved by the City Council; and
WHEREAS, the proposed final plat complies with each of the conditions
set forth by the City Council in its approval of the preliminary plat of the Property;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF ELK RIVER, as follows:
It is hereby determined by the City Council for the City of Elk River as
follows:
The proposed subdivision is consistent with the Zoning Ordinance
and conforms with all of its requirements.
The proposed subdivision is consistent with all applicable general
and specialized city, county, and regional plans including, but not
limited to, the City's Comprehensive Development Plan.
The physical characteristics of the site, including , but not limited
to, topography, soils, vegetation, susceptibility to erosion and
siltation, susceptibility to flooding, and drainage are suitable for the
type and density of development and uses contemplated.
The proposed subdivision makes adequate provision for water
supply, storm drainage, sewage transportation, erosion control and
all other services, facilities and improvements otherwise required
herein.
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.
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.
o
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.
o
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
and duly seconded by Council Member
The following voted in favor of the Resolution.
Member
The following voted against the Resolution:
The following were absent:
WHEREUPON the resolution is adopted.
Passed and adopted this 15th day of September, 2003.
Stephanie Klinzing, Mayor
CERTIFICATE
STATE OF MINNESOTA
COUNTY OF SHERBURNE
CITY OF ELK RIVER
I, the undersigned, being the 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
September 15, 2003.
WITNESS my hand officially as such acting Clerk and the corporate seal
of the City this __ day of ,2003.
STATE OF MINNESOTA
SS.
COUNTY OF SHERBURNE
Patrick Klaers, City Administrator
The foregoing instrument was acknowledged before me this day of
, 2003, by Stephanie Klinzing, Mayor, City of Elk River,
Minnesota.
STATE OF MINNESOTA
SS.
COUNTY OF SHERBURNE
Notary Public
The foregoing instrument was acknowledged before me this __ day of
, 2003, by Patrick Klaers, City Administrator, City of Elk River,
Minnesota.
Notary Public
EXHIBIT A
Legal Description:
The Northwest Quarter of the Southwest Quarter of Section
51, Township 35, Range 26,
EXCEPT the following tracts:
The East 500 feet of the North 4-00 feet of the Northwest
Quarter of the Southwest Quarter of Section 51, Township
33, Range 26;
ALSO EXCEPT
Beginning at the Southeast corner of said West Half of the
Southwest Quarter of said Section; thence North on the
East line of said West Half of the Southwest Quarter,
1591.10 feet to the point of beginning of the tract to be
described; thence West on a deflection angle to the left of
90 degrees 4-0 minutes, a dist(]nce of 183 feet; thence
North and parallel to the East line of said West Half of the
Southwest Quarter o distance of 150 feet; thence East 183
feet to the point on the East line of said West Half of the
Southwest Quarter, 150 feet North of the place of
beginning, thence South on the East line of said West Half
of the Southwest Quarter, 150 feet to the point of
beginning, according to the United States Government
Survey thereof and situate in Sherburne County, Minnesota.
Conditions:
EXHIBIT B
1. A DEVELOPERS AGREEMENT BE PREPARED AND EXECUTED OUTLINING THE TERMS
AND CONDITIONS OF THE PLAT APPROVAL PRIOR TO RELEASING THE PLAT FOR
RECORDING.
2. THE DEVELOPER PROVIDES HOMEOWNER ASSOCIATION DOCUMENTS FOR THE CITY
ATTORNEY'S REVIEW AND APPROVAL PRIOR TO FINAL PLAT.
3. SURFACE WATER MANAGEMENT FEE BE PAID IN THE AMOUNT REQUIRED BY THE CITY
AT THE TIME OF FINAL PLAT PRIOR TO RELEASING THE PLAT FOR RECORDING.
4. PARK AND RECREATION FEE IN THE AMOUNT REQUIRED BY THE CITY AT THE TIME OF
FINAL PLAT BE PAID PRIOR TO RELEASING THE PLAT FOR RECORDING.
5. THE LETTER OF CREDIT SHALL COVER WETLAND MITIGATION. DRAINAGE EASEMENTS
SHALL BE IN PLACE OVER THE WETLAND AND THE WETLAND MITIGATION AREAS.
6. RESTRICTIVE COVENANTS SHALL BE RECORDED ON THE WETLAND AND THE WETLAND
MITIGATION AREAS.
7. A THREE YEAR MONITORING REPORT ON THE WETLAND MITIGATION IS REQUIRED.
8. THE CITY ENGINEER'S COMMENTS BE INCORPORATED INTO THE PLANS.
9. STREET LIGHTS BE INSTALLED AS REQUIRED BY ELK RIVER UTILITIES
10. A LETTER OF CREDIT BE PROVIDED TO THE CITY IN THE AMOUNT OF 100% OF THE
COSTS OF THE PUBLIC IMPROVEMENTS.
11. 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.
12. A SEALCOAT FEE IN THE AMOUNT TO BE DETERMINED BY THE CITY ENGINEER BE PAID
PRIOR TO RELEASING THE PLAT FOR RECORDING.
13. A GRADING AND EROSION CONTROL PLAN BE APPROVED BY THE CITY ENGINEER
PRIOR TO THE ISSUANCE OF BUILDING PERMITS.
14. A DEVELOPMENT PLAN BE APPROVED BY THE CITY ENGINEER PRIOR TO THE
ISSUANCE OF BUILDING PERMITS.
15. ALL GRADING BE CERTIFIED PRIOR TO THE ISSUANCE OF BUILDING PERMITS.
16. ALL MAILBOXES BE CLUSTERED.
17. A TREE PRESERVATION PLAN BE APPROVED PRIOR TO RELEASING THE PLAT FOR
RECORDING.
18. ANY TREES OFF SITE OR ON SITE, NEAR THE LIMIT OF GRADING THAT ARE TO BE
PRESERVED, SHALL BE FENCED WITH A SNOW FENCE AT THE DRIP LINE TO PREVENT
GRADING, COMPACTION, OR STORAGE OF EQUIPMENT, DEBRIS OR MATERIALS.
STAFF SHALL INSPECT FENCING PRIOR TO GRADING COMMENCING.
19. WATER ACCESSIBILTY FEES IN THE AMOUNT DETERMINED BY THE CITY BE PAID PRIOR
TO RELEASING THE PLAT FOR RECORDING.
20. ANY ITEM OR CONDITION FOUND THAT INDICATES THE SITE IS LIKELY TO YIELD
INFORMATION IMPORTANT TO PRE-HISTORY OR HISTORY SHALL BE REPORTED TO THE
CITY IMMEDIATELY. FURTHER, THE CITY RESERVES THE RIGHT TO STOP WORK
AUTHORIZED IN ITS APPROVAL UNTIL THE SITE IS APPROPRIATELY INVESTIGATED AND
WORK IS AUTHORIZED.
21. TOWNHOUSE ELEVATIONS SHALL COMPLY WITH THE DESIGN STANDARDS OF THE R3
ZONING DISTRICT.
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WEST OAKS
Sherburne County Coordinate System in which the
West line of the Southwest Quarter of Section ~1,
Tom, snip 33, Range 26 bears North 00'02'51" West.
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rSouth line of the North 400 f~et of -'
~he NW ~/~ of the SW ~/~ of
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I Townsh~o 33, Range 26
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SCALE: I INCH = I00 FEET
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F: / /'.; .-"[J~', :'.: ::: [': ~:urt(.:? .~ ot the SW I/4 of S~ctic~ 31.
rownsll~ 33, Range 26
City of Elk River
Sherbume County, MN
500
FEET
VIONITY MAP
LINE TASL£
-Bogar~ Pederson & Associates, Inc.
DATE REC V-- Sheet 2 of 2 Sheets
PRELIMINARY PLAT OF WEST OAKS
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