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6.5. SR 09-21-1998 (2)ity of Item #6.6. iver MEMORANDUM TO: FROM: DATE: Mayor and City Council Steve Ach, City Planner March 16, 1998 SUBJECT: Request by Dynamics Design and Land Company for Final Plat Approval (Windsor Woods), Case No. P 97-20 Issue Consider Resolution No. 98-__, granting final plat approval for Windsor Woods to subdivide approximately 71 acres into twenty 2-1/2 acre single family lots. Location Approximately ¼ mile east of County Road No. 1 and south of County Road No. 33. Zoning/Land Use R la (Single Family Residential) / LR (Low Density Residential) Attachments Final plat Resolution No. 98-__ Minutes from the February 17, 1998 City Council meeting Overview The 71 acre site lies south of County Road No. 33 and west of Concord Street. The property has a variety of natural characteristics ranging from low wetland areas to a very pronounced ridgeline which is forested with mature hardwoods. The subdivision will include the construction of a new road off County Road No. 33 bisecting the property and extending the southerly limits of the plat. The property owner immediately to the south has had a 13065 Orono Parkway · P.O. Box 490 · Elk River, MN 55330 · TDD & Phone: (612) 441-7420 · Fax: (612) 441-7425 Memo/Mayor and Counci]/P 97-20 March 16, 1998 Page 2 chance to review the plat and has made comments regarding the street alignment and elevation of the street as it meets his property. These issues have been worked out to the satisfaction of both parties. It is anticipated the adjacent property owner will soon be coming forward with a development request for his property to continue the street to 207th and, ultimately, County Road No. 1. On March 2, 1998, the City Council approved the wetland mitigation plan for Windsor Woods. There were five conditions regarding that approval which have been incorporated into the final plat recommendations. The final plat has been prepared in accordance with the preliminary plat as approved by the City Council on February 17, 1998. Recommendation It is recommended the City Council approve Resolution No. 98-__, granting final plat approval for Windsor Woods with the following conditions: A DEVELOPER'S AGREEMENT BE PREPARED AND EXECUTED OUTLING THE REQUIRED IMPROVEMENTS. ALL THE COMMENTS IN THE CITY ENGINEER'S MEMO DATED JANUARY 21, 1998, BE INCORPORATED INTO REVISED PRELIMINARY AND FINAL PLAT. A GRADING AND EROSION CONTROL PLAN BE SUBMITTED TO THE CITY AND APPROVED BY THE CITY ENGINEER PRIOR TO COMMENCING GRADING ON SITE. AN NPDS PERMIT FROM MINNESOTA POLLUTION CONTROL AGENCY BE OBTAINED PRIOR TO COMMENCING GRADING ON SITE. o IF SEPTIC SYSTEMS ARE PROPOSED WITHIN THE NSP POWER LINE EASEMENT, A LETTER FROM NSP WILL NEED TO BE SUBMITTED AUTHORIZING THE INSTALLATION OF A SEPTIC SYSTEM AT THIS LOCATION. A LETTER SHOULD ALSO BE SUBMITTED FROM NSP STATING THEIR APPROVAL FOR ALLOWING A RESIDENTIAL DRIVEWAY THROUGH THE EASEMENT TO SERVICE LOTS 1 AND 2, BLOCK 2. ALL THE DRIVEWAYS FROM THE PLAT SHALL BE PAVED 35 FEET BACK FROM THE CURB WITH AN IMPROVED SURFACE TO REDUCE THE AMOUNT OF AGGREGATE FROM UNIMPROVED PRIVATE DRIVEWAYS ONTO THE PUBLIC STREET. ° CONDITIONS PERTAINING TO APPROVAL OF THE MITIGATION PLAN BE SATISFIED. THESE CONDITIONS INCLUDE THE FOLLOWING: THAT ONLY THE RUN-OFF FROM THE PROPOED ROAD AND NOT OVERFLOW FROM THE ADJACENT WETLAND BE FILTERED TRHOUGH THE PROPOSED SEDIMENTATION PONDS. THAT THE COST OF THE PROPOSED MITIGATION PLAN BE COVERED BY A LETTER OF CREDIT IN FAVOR OF THE CITYI FOR A PERIOD OF ONE YEAR AFTER COMPLETION. f:\shrdoc\council\p 97-2Ox.doc Memo/Mayor and Council/P 97-20 March 16, 1998 Page 3 o 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. · THAT A RESTRICTIVE COVENANT BE RECORDED ON THE MITIGATION AREAS. · THAT SHERBURNE COUNTY APPROVED THE PLAT'S DRAINAGE PLAN. · THAT THE DEVELOPER SUBMITS A REPORT ON THE WETLANDS TO THE CITY ONE YEAR AFTER THEIR CONSTRUCTION. A PERMIT SHALL BE OBTAINED FROM SHERBURNE COUNTY TO OUTLET STORM DRAINAGE INTO COUNTY DITCH NO. 31. A PERMIT FROM SHERBURNE COUNTY HIGHWAY DEPARTMENT SHALL BE OBTAINED FOR CONSTRUCTION OF AN EASTBOUND RIGHT TURN LANE ON COUNTY ROAD NO. 33. ALSO, THE PERMIT SHALL COVER ANY ADDITIONAL WORK THAT IS TO OCCUR WITHIN THE COUNTY'S RIGHT OF WAY. THE STORM WATER POND TOWARDS THE SOUTH END OF THE PLAT SHALL BE SHIFTED TO THE EAST AWAY FROM THE EXISTING TREE LINE. THIS WILL REDUCE THE CHANCE OF SEVERING THE TREES' ROOTS AND DESTROYING THEM ALONG WITH CONSTRUCTION OF A POND. OUTLOT A SHALL BE COMBINED WITH THE ADJACENT PROPERTY. THE DEVELOPER SHALL BE RESPONSIBLE FOR INSTALLING REQUIRED STREET LIGHTS AND STREET SIGNS AS PART OF STREET CONSTRUCTION. A SHARED DRIVEWAY SHALL BE UTILIZED TO SERVE LOTS 5 AND 6, BLOCK 1. THE LOCATION OF THE DRIVEWAY SHALL MINIMIZE LOSS OF TREES AND GRADING ALONG THE NEW ROAD. ANY GRADING ON THE ADJACENT PROPERTY TO THE SOUTH SHALL BE DONE WITH CONSENT OF THE PROPERTY OWNER. PARK DEDICATION IN THE AMOUNT OF $13,000 SHALL BE PAID PRIOR TO RELEASING THE PLAT FOR RECORDING. A SURFACE WATER MANAGEMENT FEE IN THE AMOUNT OF $1,376.60 SHALL BE PAID PRIOR TO RELEASING THE PLAT FOR RECORDING. LETTER OF CREDIT TO GUARANTEE THE IMPROVEMENT BE SUBMITTED PRIOR TO COMMENCING WORK ON THE SITE. A LANDSCAPE PLAN FOR OUTLOT B BE SUBMITTED FOR STAFF REVIEW. THE PLAN SHOULD CONSIST OF LOW MAINTENANCE MATERIAL AND NOT OBSTRUCT VISBILITY. PRIOR TO ISSUANCE OF BUILDING PERMITS THE SITE GRADING SHALL BE COMPLETED AND CERTIFIED. A GRADING AND DEVELOPMENT PLAN SHOWING HOUSE PAD LOCATIONS AND FINISHED FLOOR ELEVATONS SHALL BE SUBMITTED AND RVIEWED BY THE CITY ENGINEER. THIS PLAN WILL NEED TO BE APPROVED PRIOR TO ISSUANCE OF BUILDING PERMITS. f:\shrdoc\council\p97-20x.doc Memo/Mayor and Council/P 97-20 March 16, 1998 Page 4 21. A SEALCOATING FEE IN AN AMOUNT TO BE DETERMINED BY THE CITY ENGINEER SHALL BE PAID PRIOR TO RECORDING THE PLAT. 22. A SPECIFIC TREE PRESERVATION PLAN SHOULD BE SUBMITTED ALONG WITH THE CONSTRUCTION PLANS. USE OF RETAINING WALLS MAY BE REQUIRED TO MAXIMIZE TREE PROTECTION. f:\shr doc\council\p97-20x.doc WINDSOR WOODS / / Curve Table ~. *z ~.oor Line Table 152.55 S89°19"2~'W 670.21 4 0 I00 200 500 jilt" SCALE IN . FEET ~ INCH = lO0 FEET ~ Denotes I/2 inch x 14 inch iron pipe with plastic plug stamped R.L.S. 8194 to be set within I year of recording this plat. 0 Denotes I/2 inch x 14 inch iron pipe set with a plastic cop mad<ed R.L.$. 8194 ~)Ocnotes County section monument found --MATCH UNE (See 8beet 3 Of 3)~ ~ City Of Elk River 8herbume ~ MN For the purposes of this plat, the South line of the SW I/4, NE I/4, Sec 17, Twp 55, Rng 26, is assumed to bear South 89°J2'zH" West Drainage and Utility Easements ore shown thus: ,'!1!, _ _'0J _ _ .... J ,o Being I0 feet in width, unless ofher~[se indicated, adjoining right-of-way lines, and being ,5 feet in width, unless 6ther- wise indicated, od joining lot lines, as shown on the plat. 0 I00 200 300 SCALE IN FEET I INCH = I00 FEET Denotes I/2 inch x 14 inch ircn pipe with plastic plug stomped R.LS. 8194 to be set within I year of recording this plat. Denotes I/2 inch x 14 inch iron pipe set with o plastic cop marked R.L.S. 8194 ~)Denotes County sectio~ monument found / 2 / / / / / / / \ / / \ / / \ / ¥// // ! t ! / ¢¢~'x/ / ~.~ / / / / / / 1 / / / 8 For the purposes of this plot. the South line of the SW I/4, N[ 1/4, Sec 17, Twp 55, Rng 26, is assumed tO beer South 89°12'41" West Drainage and Utility Easements are shown thus: _ _ 5 Being I0 feet in ridth, unless otherwise indicated, ad~inin~ right-of-way lines, and being 5 feet in width, unless other- wise indicated, adjoining lot lines, as shown on the plot. / I I \ \ \ Curve Table I CURVE LENGTH RADIUS DELTA ~~_-~ ~,.,~ ~o. oo %0o:oo: _- ~MATCH UNE (See 8heel 2 Of 3) ~ 4 7 6 8 -- -8/5. 79--- 'x \ ~ I~/ I ~ 50 2 / f ~S~ CDr. West 160 Ft. Of £ ~/2, NW ~/~, NE ~/~ S~.~41'~F 210~.g0 ~ -- South Line of the SW I/4, NE 1~4, Sec /7, rwp 33. en9 26 -- ~ City Of Elk River Sherbume County, MN NO SCALE \ N \ \ \ OUTLOT C 684.95 RESOLUTION NO. 98 - CITY OF ELK RIVER A RESOLUTION GRANTING FINAL PLAT APPROVAL FOR: WINDSOR WOODS Case No. P 97-20 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 February 17, 1998; 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. 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. 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. 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:\document\resoluti\p97-20.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. STATE OF MINNESOTA SS. COUNTY OF SHERBURNE Sandra Thackeray, City Clerk The foregoing instrument was acknowledged before me this __ day of ., 1998, by Henry Duitsman, Mayor, City of Elk River, Minnesota. Notary Public s:Xdocument\resoluti\p97-20.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 s:\document\resoluti\p97-20.doc EXHIBIT A I) The Southwest Quarte~ of the Northeast Quarter. AND 2) "[he South Half of the Southwest Quartos of the Northwest Quarter of said Northeast AND 5) That part of the East Half of said Northwest Quarter of the Northeast Quertm' lytn9 south of the centerli~e of County Road No. 55, also known o~ Rc~ch Rood N.W., ~aid ce~tmiine being described as follow~. Commenctn9 at *the Northwest comer of said East Hcdf of the Northwest Quorte¢ 6~ the Northeast Quarter;. thence on an assumed bearhg of South 0 degrees 21 mlr~utes OB seconds East along the West llne thereof for o distance of 551.70 feet to inter, oct said centerllne at the actual Point Of Becjinning to be hereby descried; thence South 56 degrees 17 minutes 46 seconds East alor~ aald centerline for a distance of 461.25 feet; thence continue ~outheasterly along eald centerline being a tangential curv~ concave to the northeast with a radius of 1789.00 feet fa' a central angte of 15 de~reee 14 minutes 08 ~econde a~d length 415.27 feet; thence S~Jth 49 degree~ 51 minutes .54 seconds East. along said centerline, and tangent to said curve for o distance of 1.59.03 feet, more or less. to intersect with and te~nlnate said centerllne at the East line of sold Northwest Quarter of the Northeast Quarter. AND 4) That part of the Southeast O~Jorter of the Northwest Quarter l)4n§ south of the South line of the North 528 feet. as measured at fight anqles, thereof;, and lying east of the East line of the West 545 feet. as measured at right ongies thereof. AND .5) That port of sold North 528 feet of the Southeast Quarter of the Northwest Quarter lying. southwesterly of 'Line X' to be hereinafter de~cribed, and lying southeasterly of 'Line Y to be hereinafter described; Said Lines X and Y are descried as follow~. CommencinG at the Northeast comer of said Northwest Quo~'te~', thence South 88 degrees 43 minutes 28 seconds West. assumed bost~ of bearlncjs, along the North line of said Northwest Ouorter for a distance of 101.44 feet to Intersect the centerline of County State Aid Hkjhway No. I as now laid out and constructed; thence South 31 de~reee 55 minutes .54 seconds West alan9 said centedine for a distance of 1542.50 feet to the actual Point Of Beginning of ~oid Uno X to be hereby described: thence South 58 degrees 04 minutes 06 seconds East along said Line X for a distance of g70.64 feet. more or les~, to lnter~ect the East llne of eaid Southeast Quarter of the Northwest Quarter and there to terminate said Line X; Said Line Y being described a~ Commencing at ~old point of terminotlo~ of Line X; thence return North 58 degrees 04 minutes 06 seconds West along laid Line X for a distance of 254.13 feet to the actual Point Of Beglnnlng of said Line Y to be hereby described: thence South 31 degrees 55 minutes 09 seconds West along ~ald Line Y for o distance of 410.76 feet to intersect said SouU~ llne of the North 528 feet and there to terminate said Line Y. ALL beln9 within Section 17, Township 53, Range 26, S~e~ourne County, Minnesota. Containing 71.00 acre~, more or less. Subject to that part thereof taken foe said County Road No. 55 OVer and across the Northeasterly 55 feet thereof as measured at right angles to said ce~tertine. ,Id,o subject to that part thereof token for easements to Northern Stote~ Power Company. AJso sub,eot to other easements of record, if any. s:\document\resoluti\p97-20.doc o 10. EXHIBIT B A DEVELOPER'S AGREEMENT BE PREPARED AND EXECUTED OUTLING THE REQUIRED IMPROVEMENTS. ALL THE COMMENTS IN THE CITY ENGINEER'S MEMO DATED JANUARY 21, 1998, BE INCORPORATED INTO REVISED PRELIMINARY AND FINAL PLAT. A GRADING AND EROSION CONTROL PLAN BE SUBMITTED TO THE CITY AND APPROVED BY THE CITY ENGINEER PRIOR TO COMMENCING GRADING ON SITE. AN NPDS PERMIT FROM MINNESOTA POLLUTION CONTROL AGENCY BE OBTAINED PRIOR TO COMMENCING GRADING ON SITE. IF SEPTIC SYSTEMS ARE PROPOSED WITHIN THE NSP POWER LINE EASEMENT, A LETTER FROM NSP WILL NEED TO BE SUBMITTED AUTHORIZING THE INSTALLATION OF A SEPTIC SYSTEM AT THIS LOCATION. A LETTER SHOULD ALSO BE SUBMITTED FROM NSP STATING THEIR APPROVAL FOR ALLOWING A RESIDENTIAL DRIVEWAY THROUGH THE EASEMENT TO SERVICE LOTS 1 AND 2, BLOCK 2. ALL THE DRIVEWAYS FROM THE PLAT SHALL BE PAVED 35 FEET BACK FROM THE CURB WITH AN IMPROVED SURFACE TO REDUCE THE AMOUNT OF AGGREGATE FROM UNIMPROVED PRIVATE DRIVEWAYS ONTO THE PUBLIC STREET. CONDITIONS PERTAINING TO APPROVAL OF THE MITIGATION PLAN BE SATISFIED. THESE CONDITIONS INCLUDE THE FOLLOWING: THAT ONLY THE RUN-OFF FROM THE PROPOED ROAD AND NOT OVERFLOW FROM THE ADJACENT WETLAND BE FILTERED TRHOUGH THE PROPOSED SEDIMENTATION PONDS. THAT THE COST OF THE PROPOSED MITIGATION PLAN BE COVERED BY A LETTER OF CREDIT IN FAVOR OF THE CITYI FOR A PERIOD OF ONE YEAR AFTER COMPLETION. · THAT A RESTRICTIVE COVENANT BE RECORDED ON THE MITIGATION AREAS. · THAT SHERBURNE COUNTY APPROVED THE PLAT'S DRAINAGE PLAN. · THAT THE DEVELOPER SUBMITS A REPORT ON THE WETLANDS TO THE CITY ONE YEAR AFTER THEIR CONSTRUCTION. A PERMIT SHALL BE OBTAINED FROM SHERBURNE COUNTY TO OUTLET STORM DRAINAGE INTO COUNTY DITCH NO. 31. A PERMIT FROM SHERBURNE COUNTY HIGHWAY DEPARTMENT SHALL BE OBTAINED FOR CONSTRUCTION OF AN EASTBOUND RIGHT TURN LANE ON COUNTY ROAD NO. 33. ALSO, THE PERMIT SHALL COVER ANY ADDITIONAL WORK THAT IS TO OCCUR WITHIN THE COUNTY'S RIGHT OF WAY. THE STORM WATER POND TOWARDS THE SOUTH END OF THE PLAT SHALL BE SHIFTED TO THE EAST AWAY FROM THE EXISTING TREE LINE. THIS WILL REDUCE THE CHANCE \\elkriver \sys\shrdoc\documentXresoluti\p 97-20.doc 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. OF SEVERING THE TREES' ROOTS AND DESTROYING THEM ALONG WITH CONSTRUCTION OF A POND. OIJTLOT A SHALL BE COMBINED WITH THE ADJACENT PROPERTY. THE DEVELOPER SHALL BE RESPONSIBLE FOR INSTALLING REQUIRED STREET LIGHTS AND STREET SIGNS AS PART OF STREET CONSTRUCTION. A SHARED DRIVEWAY SHALL BE UTILIZED TO SERVE LOTS 5 AND 6, BLOCK 1. THE LOCATION OF THE DRIVEWAY SHALL MINIMIZE LOSS OF TREES AND GRADING ALONG THE NEW ROAD. ANY GRADING ON THE ADJACENT PROPERTY TO THE SOUTH SHALL BE DONE WITH CONSENT OF THE PROPERTY OWNER. PARK DEDICATION IN THE AMOUNT OF $13,000 SHALL BE PAID PRIOR TO RELEASING THE PLAT FOR RECORDING. A SURFACE WATER MANAGEMENT FEE IN THE AMOUNT OF $1,376.60 SHALL BE PAID PRIOR TO RELEASING THE PLAT FOR RECORDING. LETTER OF CREDIT TO GUARANTEE THE IMPROVEMENT BE SUBMITTED PRIOR TO COMMENCING WORK ON THE SITE. A LANDSCAPE PLAN FOR OIJTLOT B BE SUBMITTED FOR STAFF REVIEW. THE PLAN SHOULD CONSIST OF LOW MAINTENANCE MATERIAL AND NOT OBSTRUCT VISBILITY. PRIOR TO ISSUANCE OF BUILDING PERMITS THE SITE GRADING SHALL BE COMPLETED AND CERTIFIED. A GRADING AND DEVELOPMENT PLAN SHOWING HOUSE PAD LOCATIONS AND FINISHED FLOOR ELEVATONS SHALL BE SUBMITTED AND RVIEWED BY THE CITY ENGINEER. THIS PLAN WILL NEED TO BE APPROVED PRIOR TO ISSUANCE OF BUILDING PERMITS. A SEALCOATING FEE IN AN AMOUNT TO BE DETERMINED BY THE CITY ENGINEER SHALL BE PAID PRIOR TO RECORDING THE PLAT. A SPECIFIC TREE PRESERVATION PLAN SHOULD BE SUBMITTED ALONG WITH THE CONSTRUCTION PLANS. USE OF RETAINING WALLS MAY BE REQUIRED TO MAXIMIZE TREE PROTECTION. \\elkriver \sys\shrdoc\document~r esoluti\p97-20 .doc Elk River City Council Minutes February 17. 1998 Page 8 6.3. Jodi and Sean Ladd Request for Conditional Use Permit for Commercial Kennel, 6.3a. 6.4. Public Hearinq Case No. CU 97-31 Planning Assistant Scott Harlicker indicated that Jodi and Sean Ladd have requested a conditional use permit for a commercial kennel at 11631 219th Avenue NW. He indicated that the Ladd's are proposing to convert a portion of an existing pole barn into a commercial kennel that will have the capacity to house 20 animals. Scott Harlicker reviewed the staff report on this issue. Mayor Duitsman opened the public hearing. There being no one for or against the matter, Mayor Duitsman closed the public hearing. Tom Mesich, Planning Commission Representative, indicated that the Planning Commission recommended approval of the request for a commercial kennel. COUNCILMEMBER FARBER MOVED TO APPROVE THE REQUEST BY JODI AND SEAN LADD TO OPERATE A COMMERCIAL KENNEL AT 11631 219TM AVENUE WITH THE FOLLOWING CONDITIONS: 1. THE PARKING AND DRIVEWAY BE PAVED AND STRIPED. 2. THE APPLICANT SHALL COMPLY WITH SECTION 502.36 AND 502.38 OF THE CITY ORDINANCE WHICH REGULATES KENNEL PERMITS AND KENNEL CONDITIONS. 3. THE SEPTIC SYSTEM FOR THE KENNEL BE INSTALLED PRIOR TO THE ISSUANCE OF A CERTIFICATE OF OCCUPANCY. 4. THE SITE PLAN BE AMENDED TO SHOW A DUMPSTER ENCLOSURE WITH A GATE. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5- 0. Consider Request for Commercial Kennel License by Jodi Lee Bastyr Ladd COUNCILMEMBER HOLMGREN MOVED TO APPROVE A COMMERCIAL KENNEL LICENSE FOR JODI AND SEAN LADD AT 11631 219TM AVENUE NW TO BOARD UP TO 20 DOGS. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 5-0. Request by Dynamics Desi.qn and Land Company, LLC for Preliminary PlatfWindsor Woods) Public Hearinq Case No. P 97-20 City Planner Steve Ach indicated that Dynamics Design and Land Company is requesting preliminary plat approval for the plat of Windsor Woods which would allow the subdivision of approximately 71 acres into 20 - 2 % acre single family lots. He stated that the plat is located approximately one quarter mile east of County Road 1 and south of County Road 33. Steve Ach reviewed the staff report on this issue. Mayor Duitsman opened the public hearing. There being no one for or against the matter, Mayor Duitsman closed the public hearing. Elk River City Council Minutes February 17. 1998 Page 9 Planning Commission Representative Tom Mesich indicated that the Planning Commission recommended approval of the preliminary plat. Councilmember Farber indicated his concern regarding shared driveways. COUNCILMEMBER HOLMGREN MOVED TO APPROVE THE PRELIMINARY PLAT REQUESTED BY DYNAMICS DESIGN AND LAND COMPANY FOR WINDSOR WOODS WITH THE FOLLOWING CONDITIONS: A DEVELOPER'S AGREEMENT BE PREPARED AND EXECUTED OUTLING THE REQUIRED IMPROVEMENTS. ALL THE COMMENTS IN THE CITY ENGINEER'S MEMO DATED JANUARY 21, 1998, BE INCORPORATED INTO REVISED PRELIMINARY AND FINAL PLAT. A GRADING AND EROSION CONTROL PLAN BE SUBMITTED TO THE CITY AND APPROVED BY THE CITY ENGINEER PRIOR TO COMMENCING GRADING ON SITE. AN NPDS PERMIT FROM MINNESOTA POLLUTION CONTROL AGENCY BE OBTAINED PRIOR TO COMMENCING GRADING ON SITE. IF SEPTIC SYSTEMS ARE PROPOSED WITHIN THE NSP POWER LINE EASEMENT, A LETTER FROM NSP WILL NEED TO BE SUBMITTED AUTHORIZING THE INSTALLATION OF A SEPTIC SYSTEM AT THIS LOCATION. A LETTER SHOULD ALSO BE SUBMITTED FROM NSP STATING THEIR APPROVAL FOR ALLOWING A RESIDENTIAL DRIVEWAY THROUGH THE EASEMENT TO SERVICE LOTS 1 AND 2, BLOCK 2. ALL THE DRIVEWAYS FROM THE PLAT SHALL BE PAVED 35 FEET BACK FROM THE CURB WITH AN IMPROVED SURFACE TO REDUCE THE AMOUNT OF AGGREGATE FROM UNIMPROVED PRIVATE DRIVEWAYS ONTO THE PUBLIC STREET. o ALL OF THE WETLAND APPROVALS MUST BE OBTAINED PRIOR TO FINAL PLAT APPROVAL. THIS INCLUDES LETTERS FROM THE CORPS OF ENGINEERS AND OTHER APPROPRIATE WETLAND AGENCIES. A RESTRICTIVE COVENANT SHALL BE PLACED ON THE REPLACEMENT WETLANDS AND RECORDED ALONG WITH THE PLAT. A PERMIT SHALL BE OBTAINED FROM SHERBURNE COUNTY TO OUTLET STORM DRAINAGE INTO COUNTY DITCH NO. 31. 10. A PERMIT FROM SHERBURNE COUNTY HIGHWAY DEPARTMENT SHALL BE OBTAINED FOR CONSTRUCTION OF AN EASTBOUND RIGHT TURN LANE ON COUNTY ROAD NO. 33. ALSO, THE PERMIT SHALL COVER ANY ADDITIONAL WORK THAT IS TO OCCUR WITHIN THE COUNTY'S RIGHT OF WAY. 11. THAT PORTION OF OUTLOT B WHICH EXTENDS INTO THE COUNTY RIGHT OF WAY SHALL BE "CUT BACK" OUT OF THE RIGHT OF WAY. Elk River City Council Minutes February 17, 1998 Page l0 12. THE STORM WATER POND TOWARDS THE SOUTH END OF THE PLAT SHALL BE SHIFTED TO THE EAST AWAY FROM THE EXISTING TREE LINE. THIS WILL REDUCE THE CHANCE OF SEVERING THE TREES' ROOTS AND DESTROYING THEM ALONG WITH CONSTRUCTION OF A POND. 13. OUTLOT A SHALL BE COMBINED WITH THE ADJACENT PROPERTY. 14. THE DEVELOPER SHALL BE RESPONSIBLE FOR INSTALLING REQUIRED STREET LIGHTS AND STREET SIGNS AS PART OF STREET CONSTRUCTION. 15. SHARED DRIVEWAYS SHALL BE UTILIZED IN AREAS WHERE THE. GRADES ARE TOO STEEP AND/OR TREES NEED TO BE SAVED. 16. ANY GRADING ON THE ADJACENT PROPERTY TO THE SOUTH SHALL BE DONE WITH CONSENT OF THE PROPERTY OWNER. 17. PARK DEDICATION SHALL BE SATISFIED BY THE PAYMENT OF CASH AT THE PER LOT RATE AT THE TIME OF FINAL PLAT. THIS SHALL BE PAID PRIOR TO RELEASING THE PLAT FOR RECORDING. 18. A SURFACE WATER MANAGEMENT FEE BE PAID PRIOR TO RELEASING THE PLAT FOR RECORDING. 19. LETTER OF CREDIT TO GUARANTEE THE IMPROVEMENT BE SUBMITTED PRIOR TO COMMENCING WORK ON THE SITE. 20. A LANDSCAPE PLAN FOR OUTLOT B BE SUBMITTED FOR STAFF REVIEW. THE PLAN SHOULD CONSIST OF LOW MAINTENANCE MATERIAL AND NOT OBSTRUCT VISBILITY. 21. A 50 FOOT DRAINAGE AND UTILITY EASEMENT SHALL BE ESTABLISHED ACROSS THAT PORTION OF OUTLOT C WHICH IS ADACENT TO OUNTY DITCH NO. 31. 22. PRIOR TO ISSUANCE OF BUILDING PERMITS THE SITE GRADING SHALL BE COMPLETED AND CERTIFIED. 23. A GRADING AND DEVELOPMENT PLAN SHOWING HOUSE PAD LOCATIONS AND FINISHED FLOOR ELEVATONS SHALL BE SUBMITTED AND RVIEWED BY THE CITY ENGINEER. THIS PLAN WILL NEED TO BE APPROVED PRIOR TO ISSUANCE OF BUILDING PERMITS. 24. A SEALCOATING FEE IN AN AMOUNT TO BE DETERMINED BY THE CITY ENGINEER SHALL BE PAID PRIOR TO RECORDING THE PLAT. 2S. A SPECIFIC TREE PRESERVATION PLAN SHOULD BE SUBMITTED ALONG WITH THE CONSTRUCTION PLANS. USE OF RETAINING WALLS MAY BE REQUIRED TO MAXIMIZE TREE PROTECTION. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED .~-0. Councilmember Holmgren stepped down from the Council dais at this time.