6.2. SR 04-20-1998~ity of
MEMORANDUM
Item~ 6.2.
TO:
FROM:
DATE:
SUBJECT:
Mayor and City Council
Steve Ach, City Planner~/~
April 20, 1998
Request by Royal Oaks Realty for
Final Plat Approval (Riverplace),
Case No. P 97-15
Issue
Consider Resolution No. 98-__., granting final plat approval for Riverplace
creating 59 single family lots, one outlet and a 1.8 acre park.
Attachments
· Final plat
· Letter from City Attorney dated April 16, 1998
· Resolution No. 98-__
Overview
This final plat was presented to the City Council on March 16, 1998. The
developer questioned Condition No. 16 in staffs recommendation and asked
the City consult our attorney to determine if this condition can be made part
of the plat. I forwarded background information on this issue to the City
Attorney's office so they could review the information and have a
determination whether this condition can be valid as part of the final plat.
Attached is the City Attorney's response to my letter.
Improvements to 185th Avenue (Frontage Road)
The developer originally questioned whether the City had the authority to
request upgrading of 185th Avenue because it was a county road. The
developer is accurate that the current jurisdiction of the road is with the
County, however, the City has been maintaining the street for the last 10+
years and has always assumed it is a City road. Apparently, the turn back
papers which would transfer the jurisdiction of the road from the County to
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 97-15
April 20, 1998
Page 2
the City have never been recorded.
imminent.
The recording of these documents is
Staffs recommendation to have the developer be responsible for the
improvement of 185th Avenue along the entire frontage of their property is a
recommendation based on the following (1) the improvement cost is the
developer's fair share, (2) the improvement will directly benefit the project
and is needed to mitigate the project's impact upon the public street, (3) the
City is guaranteeing a time period which the improvements needs to be
completed. This is consistent with past practice on other similar
developments.
Other examples of similar road improvements include the frontage road
extension on the south side of Highway 10 along the Gagne property and
county government center, those properties will be assessed 100% for the
street improvements. This development along with others on the north side
of Highway 10 should be treated equally and therefore, paying for the
upgrading of street which fronts on their developing piece of property is
consistent practice.
Another issue the developer touched on briefly at the meeting, is the timing
of the improvement. Staff is requesting the developer put up some type of
financial guarantee or contribution to their road improvement which will
contribute to the street construction at a later date. The reason staff does not
want this road built at this time is to two-fold: (1) with the construction
activity related to the subdivision as well as the Lake Orono project, it makes
no sense to put a new road in and have that type of traffic utilizing the road.
(2) Furthermore, in order to build any segment of the street, a design of the
entire street (frontage road) would have to be done from where it currently
terminates on the east all the way to the west end. This has not been done
and would need to be completed before any segment of the street is
constructed. Lastly, it also makes sense to look at improving a larger section
of this frontage road as opposed to a piecemeal approach as each development
Occurs.
As for the timing of the improvement, the City can attach an estimated date
of when the road will be improved. If the street is not improved within the
designated amount of time, the developer's financial security can be returned.
This is consistent with the City Attorney's letter. A reasonable time flame
would be to have the street upgraded within 3 years or when the property to
the east develops; whichever occurs first.
\\elkriver\sys\shrdoc\council\p97-15x.doc
Memo to Mayor and City Council/P 97-15
April 20, 1998
Page 3
Based on this analysis, staff is still recommending the developer pay 100% of
the costs to improve 185th Avenue along the entire frontage of the subject
property.
Recommendation
It is recommended the City Council approve Resolution No. 98-__, granting
final plat approval for Royal Oaks Realty to create 59 single family lots with
the following conditions:
A DEVELOPER'S AGREEMENT BE PREPARED AND EXECUTED OUTLINING THE TERMS
AND CONDITIONS OF ALL THE IMPROVEMENTS.
o
COMMENTS OUTLINED IN THE CITY ENGINEER'S MEMO DATED OCTOBER 24, 1997, BE
ADDRESSED AND INCORPORATED INTO THE PLANS.
DEVELOPER BE RESPONSIBLE TO CONSTRUCT A 10 FT. WIDE BITUMINOUS PATH
ALONG THE NORTH SIDE OF THE SERVICE ROAD. A CREDIT OF $10 PER LINEAL FOOT
FOR THE TRAIL WILL BE APPLIED TOWARDS THE DEVELOPER'S PARK DEDICATION.
WATER AVAILABILITY CHARGE IN THE AMOUNT OF $300 PER LOT BE PAID TO ELK
RIVER MUNICIPAL UTILITIES. DEVELOPER SHOULD ALSO CHECK WITH ELK RIVER
MUNICIPAL UTILITIES FOR ANY ADDITIONAL CHARGES RELATING TO WATER
CONNECTION FEES.
A SURFACE WATER MANAGEMENT FEE IN THE AMOUNT OF $8,123.71 BE PAID PRIOR
TO RECORDING THE PLAT.
PARK LAND IN THE AMOUNT OF 1.8 ACRES BE DEDICATED WITH THE BALANCE OF THE
PARK DEDICATION REQUIREMENTS TO BE PAID IN CASH IN THE AMOUNT OF
$11,888.00. THE 1.8 ACRES DEDICATED FOR PARK SHALL NOT INCLUDE ANY
PONDING AREA.
o
A LANDSCAPE PLAN BE PROVIDED ILLUSTRATING A BUFFER ALONG THE WEST
PROPERTY LINE AND ALONG THE SOUTH ADJACENT TO THE SERVICE ROAD. THE
BUFFER ALONG THE FRONTAGE ROAD SHALL CONSIST OF BERMING AND
LANDSCAPING. A DETAILED PLAN SHOULD BE SUBMITTED PRIOR TO RELEASING THE
PLANT FOR RECORDING.
8. AN NPDES PERMIT BE OBTAINED PRIOR TO ANY GRADING OF THE SITE.
A COMPLETE GRADING, DRAINAGE, AND EROSION CONTROL PLAN BE APPROVED
BY THE CITY ENGINEER PRIOR TO COMMENCING GRADING ON SITE.
10. STREET LIGHTS BE INSTALLED AS RECOMMENDED BY ELK RIVER MUNICIPAL UTILITIES.
11.
APPROVAL FROM THE DNR SHALL BE OBTAINED ACKNOWLEDGING THE PLAT MEETS
THEIR REQUIREMENTS.
12. APPROPRIATE DRAINAGE AND UTILITY EASEMENTS BE INCLUDED ON THE PLAT.
\\elkriver\sys\shrdoc\council\p97-15x.doc
Memo to Mayor and City Council/P 97-15
April 20, 1998
Page 4
13. A DEVELOPMENT PLAN BE PROVIDED, REVIEWED, AND APPROVED BY THE CITY
ENGINEER PRIOR TO ISSUANCE OF ANY BUILDING PERMITS.
14.
THE FLOODWAY AND FLOOD FRINGE BE NOTED ON THE PLAT AND ALL
REQUIREMENTS OF THESE ORIDNANC:ES BE MET.
15. EROSION CONTROL SHALL BE PROVIDED ALONG THE BANK OF THE ELK RIVER.
*16.
THE DEVELOPER PROVIDE THE CITY SOME FORM OF SECURITY TO ENSURE THE
FRONTAGE ROAD IS REBUILT TO AN URBAN STANDARD. THE CITY ENGINEER SHALL
DETERMINE THE APPROPRIATE AMOUNT TO COVER THE COST OF THE STREET, OR THE
DEVELOPER MAY PROVIDE THEIR ESTIMATE FOR CONSIDERATION. IF THE STREET IS
NOT UPGRADED WITHIN 3 YEARS FROM THE TIME OF FINAL PLAT APPROVAL OR
ALONG WITH THE DEVELOPMENT OF THE PROPERTY IMMEDIATELY TO THE EAST;
WHICHEVER OCCURS FIRST, THE FINANCIAL SECURITY SHALL BE RETURNED TO THE
DEVELOPER.
17.
ALL LOTS ADJACENT TO THE ELK RIVER MUST HAVE THE ENTIRE YARD SODDED AT THE
TIME OF CERTIFICATE OF OCCUPANCY.
This is a condition which should be modified or left in place depending
upon the Council's position whether the developer should be
responsible for upgrading 185th Avenue or not.
\\elkriver\sys\shrdoc\council\p97-15x.doc
RIVERPLA CE
CITY OF ELK RIVER
SHERBURNE COUNTY, MINNESOTA
$O0'59'OF~
I 5
S T R E E T ~
D R I V E N · W.
IVOt'OT'20' W
GRAPHIC SCALE
RIVERPIA CE
CITY OF ELK RIVER
SHERBURNE COUNTY, MINNESOTA
OUTLOT 4 ~
NOTES:
SHEET 3 OF 3 SHEETS
DOHERTY
RUMBLE
& BUTLER
April 16, 1998
340-5571
Selled~drblaw. eom
Mr. Steve Ach
City afEik River
P.O, Box 490
Elk River, MN 55330-0490
Required Road Improvements Associated with Proposed Plat by Royal Oaks Realty -- Your
'Memorandum of March 23, 1998
Dear Steve:
You have asked aborn the extent to which the City may require the developer of Riverplaee to pay for necessary
improvements to 185~ Avenue.
First, i do not believe its current designation as a coumy mad is relevant, AS [ understand it, 185'~ Avenue soon
will be a city road, Moreover, even if iz remained a county roM, it is not unusual for the county to require the
city to share ha road improvement easts. Assuming that jurisdictional transfer to the city is imminent, I believe
this is a non-issue.
Any required exa~0~on associated with development, be it land or cash, must comply with ~ 114
S.Ct. 2309 (1994). The proposed development must be creating a burden on the City to which the exaction is
related. For Riverplace and the mad improvement, this means that the homes to be constructed within the plat
must create a traffic burden which, at least partially, is connected to the required improvement m the road.
Your memorandum referenced a requested deposit in escrow of"a fair share" or,he road improvements. Under
the Dolan case, the fair share amount must be the result of an "individualized determination" that establishes
at least a "rough proportionality" between the amount of the cost being imposed and the "nature and extent of
the impact of the proposed development". My quoted language all comes from the U.S. Supreme Court
decision.
I also believe there must be some nexus in time between the impacts of this development and expenditure of'
the funds required to offset its impacts. [ do not believe it lawful for the Cist to hold funds indefinitely for
improvements required because of a development's impact.
'l"herefore, if the City makes an individualized determination that the costs are reasonably related both in nature
and extent to the impact of the proposed development, and the funds are to be escrowed for a reasonable
amount of time and, if not expended, then returned, I believe that the condition can pass legal examination.
Sinc/~y yours,
David C. Sellergren
DCS/eka (ss~o43)
RESOLUTION NO. 98 -
CITY OF ELK RIVER
A RESOLUTION GRANTING FINAL PLAT APPROVAL FOR:
RIVERPLACE
Case No. P 97-15
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 November 17, 1997; 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.
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.
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.
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\p97-15.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
s:\document\resoluti\p97-15.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\p97-15.doc
EXHIBIT A
The East Half of the West Half of the Northeast Quarter of Section 31, Township
33, Range 26, Sherburne County, Minnesota.
s:\document\resoluti\p97-15.doc
EXHIBIT B
1. A DEVELOPER'S AGREEMENT BE PREPARED AND EXECUTED OUTLINING THE TERMS
AND CONDITIONS OF ALL THE IMPROVEMENTS.
2. COMMENTS OUTLINED IN THE CITY ENGINEER'S MEMO DATED OCTOBER 24, 1997, BE
ADDRESSED AND INCORPORATED INTO THE PLANS.
3. DEVELOPER BE RESPONSIBLE TO CONSTRUCT A 10 FT. WIDE BITUMINOUS PATH
ALONG THE NORTH SIDE OF THE SERVICE ROAD. A CREDIT OF $10 PER LINEAL FOOT
FOR THE TRAIL WILL BE APPLIED TOWARDS THE DEVELOPER'S PARK DEDICATION.
WATER AVAILABILITY CHARGE IN THE AMOUNT OF $300 PER LOT BE PAID TO ELK
RIVER MUNICIPAL UTILITIES. DEVELOPER SHOULD ALSO CHECK WITH ELK RIVER
MUNICIPAL UTILITIES FOR ANY ADDITIONAL CHARGES RELATING TO WATER
CONNECTION FEES.
A SURFACE WATER MANAGEMENT FEE IN THE AMOUNT OF $8,123.71 BE PAID PRIOR
TO RECORDING THE PLAT.
6. PARK LAND IN THE AMOUNT OF 1.8 ACRES BE DEDICATED WITH THE BALANCE OF THE
PARK DEDICATION REQUIREMENTS TO BE PAID IN CASH IN THE AMOUNT OF
$11,888.00. THE 1.8 ACRES DEDICATED FOR PARK SHALL NOT INCLUDE ANY
PONDING AREA.
7. A LANDSCAPE PLAN BE PROVIDED ILLUSTRATING A BUFFER ALONG THE WEST
PROPERTY LINE AND ALONG THE SOUTH ADJACENT TO THE SERVICE ROAD. THE
BUFFER ALONG THE FRONTAGE ROAD SHALL CONSIST OF BERMING AND
LANDSCAPING. A DETAILED PLAN SHOULD BE SUBMITrED PRIOR TO RELEASING THE
PLANT FOR RECORDING.
AN NPDES PERMIT BE OBTAINED PRIOR TO ANY GRADING OF THE SITE.
A COMPLETE GRADING, DRAINAGE, AND EROSION CONTROL PLAN BE APPROVED
BY THE CITY ENGINEER PRIOR TO COMMENCING GRADING ON SITE.
10. STREET LIGHTS BE INSTALLED AS RECOMMENDED BY ELK RIVER MUNICIPAL UTILITIES.
11. APPROVAL FROM THE DNR SHALL BE OBTAINED ACKNOWLEDGING THE PLAT MEETS
THEIR REQUIREMENTS.
12. APPROPRIATE DRAINAGE AND UTILITY EASEMENTS BE INCLUDED ON THE PLAT.
13. A DEVELOPMENT PLAN BE PROVIDED, REVIEWED, AND APPROVED BY THE CITY
ENGINEER PRIOR TO ISSUANCE OF ANY BUILDING PERMITS.
14. THE FLOODWAY AND FLOOD FRINGE BE NOTED ON THE PLAT AND ALL
REQUIREMENTS OF THESE ORIDNANCES BE MET.
EROSION CONTROL SHALL BE PROVIDED ALONG THE BANK OF THE ELK RIVER.
THE DEVELOPER PROVIDE THE CITY SOME FORM OF SECURITY TO ENSURE THE
FRONTAGE ROAD IS REBUILT TO AN URBAN STANDARD. THE CITY ENGINEER SHALL
15.
'16.
s:Xdocument\resoluti\p97-15.doc
DETERMINE THE APPROPRIATE AMOUNT TO COVER THE COST OF THE STREET, OR THE
DEVELOPER MAY PROVIDE THEIR ESTIMATE FOR CONSIDERATION. IF THE STREET IS
NOT UPGRADED WITHIN 3 YEARS FROM THE TIME OF FINAL PLAT APPROVAL OR
ALONG WITH THE DEVELOPMENT OF THE PROPERTY IMMEDIATELY TO THE EAST;
WHICHEVER OCCURS FIRST, THE FINANCIAL SECURITY SHALL BE RETURNED TO THE
DEVELOPER.
17.
ALL LOTS ADJACENT TO THE ELK RIVER MUST HAVE THE ENTIRE YARD SODDED AT THE
TIME OF CERTIFICATE OF OCCUPANCY.
s:\document\resoluti\p97-15.doc