6.6. SR 10-20-2003Item # 6.6.
MEMORANDUM
TO:
FROM:
DATE:
Mayor and City Council
Scott Harlicker, Senior Plann~
October 20, 2003
SUBJECT:
Case No. P 03-13
Request by Phoenix Enterprises for Final Plat of Hillside Estates
10th Addition
Request
Consider a request by Phoenix Enterprises for final plat approval of Hillside Estates l0th
Addition
Location
Dodge Street and 196th Avenue
Zoninq/Land Use
Rlc (Single Family Residential) / MR (Medium Density Residential)
Attachments
Location map
· Final Plat
Preliminary plat
Memo from the City Engineer
· Resolution No. 03-
Memo to Mayor and City Council/P 03-13
October 20, 2003
Page 2
Overview
The applicant is proposing to final plat a portion of the preliminary plat of Hillside Estates
8~h Addition. The final plat will include both sides of Dodge Street from its current terminus
behind Coborns north to 196~h Avenue. The land directly behind Menards will be platted as
an outlot. The final plat includes 21 single-family lots and 2 outlots. This is the third phase of
the preliminary plat Hillside Estates 8,h Addition. The first phase of the project, Hillside
Estates 8~h Addition, included platting the end of Baldwin Circle into 5 single family lots; the
second phase was platting 196
TM Street.
The City Coundl approved the preliminary plat for Hillside Estate 8th Addition on March 12,
2001. The preliminary plat consisted of 99 single-family lots on approximately 62 acres. The
proposed final plat is consistent with the approved preliminary plat. The lot layout and street
layout are consistent with the approved preliminary plat.
Street Layout
The final plat includes the construction of Dodge Street from 196~h Avenue to connect with
the temporary cul de sac behind Coborns. A small section (175 feet) of 195~h Avenue will
also be constructed. In order to comply with condition 22 of the preliminary plat approval,
which required realigning Dodge Street to the east so that the lots behind Menards were 185
feet deep, Dodge Street does not come to a T intersection with 195th Avenue as shown on
the preliminary plat. On the proposed final plat, Dodge extends through the plat and 195th
Avenue comes to a T intersection with Dodge Avenue.
Lot Layout
The applicant is proposing to plat 21 single-family lots and 2 outlots. The lots will be located
on the east and west side of Dodge Street from the temporary cul de sac north to 195~h
Avenue. North of 195th Avenue, the lots will be platted on the east side of Dodge Street.
The land on the west side, behind Menards, will be platted as Outlot A. The remaining land
in behind the lots on the west side of Dodge Street will be platted as Outlot B.
Because Dodge Street was shifted to the east, two lots at the southeast corner of 196~h and
Dodge (Lot 7 and Lot 8, Block 3) do not comply with the required minimum lot depth of
130 feet, they are 126 feet and 127 feet deep. The two lots do comply with the minimum lot
size requirement.
Gradin.ch Draina.qe and Utilities
Grading, drainage and utility issues are addressed in the City Engineer's memo.
Park and Recreation
Park and recreation requirements were satisfied with a combination of land dedication and
cash payment completed as part of Hillside Estates 9th Addition.
S:\PLANNI2NG\Case Files\2003\P 03-13 Hillside Estates 10thkP03-13fin.doc
Memo to Mayor and City Council/P 03-13
October 20, 2003
Page a
Recommendation
Staff recommends that the City Council approve the attached Resolution No. 03-__
granting final plat approval for Hillside Estates 10h Addition with the following conditions:
THAT A DEVELOPERS AGREEMENT BE PREPARED OUTLINING THE
TERMS AND CONDITIONS OF THE PLAT APPROVAL AND INSTALLATION
OF IMPROVEMENTS TO BE RECORDED WITH THE FINAL PLAT.
2. THAT ALL COMMENTS OF THE CITY ENGINEER BE ADDRESSED.
3. THAT STREET LIGHTS BE INSTALLED AS REQUIRED BY ELK RIVER
UTILITIES.
4. THAT ALL THE MAIL BOXES IN THE CUL-DE-SACS BE CLUSTERED.
5. A LETTER OF CREDIT SHALL BE PROVIDED TO THE CITY IN THE AMOUNT
OF 100% OF THE COSTS OF THE PUBLIC IMPROVEMENTS.
THAT 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 A ONE-YEAR PERIOD.
o
THAT A SURFACE WATER MANAGEMENT FEE IN THE AMOUNT REQUIRED
BY THE CITY AT THE TIME OF FINAL PLAT BE PAID PRIOR TO RELEASING
THE PLAT FOR RECORDING WITH SHERBURNE COUNTY.
THAT A SEALCOAT FEE BE PAID TO THE CITY PRIOR TO RELEASING THE
PLAT FOR RECORDING WITH SHERBURNE COUNTY AS REQUIRED BY THE
CITY ENGINEER.
THAT PRIOR TO CLEARING TREES OR GRADING, THE DRIP LINE OF
PROTECTED TREES AND THE LIMIT OF GRADING SHALL BE FENCED
WITH A SNOW FENCE TO PREVENT UNNECESSARY GRADING,
COMPACTION, OR STORAGE OF DEBRIS OR EQUIPMENT WITHIN THE
DRIPLINE.
10. REVISED LANDSCAPE PLAN BE SUBMITTED WHICH PROVIDES A MINIMUM
OF 3 TREES PER LOT OR GROUPED PER STAFF APPROVAL.
11. THAT THE APPLICANT COMPLIES WITH THE WETLAND CONSERVATION
ACT AND THAT:
A TECHNICAL PANEL REVIEW OF ANY FILLING OR MITIGATION OF
WETLANDS.
· THE DEVELOPER'S AGREEMENT FOR THE PROJECT INCLUDE
LANGUAGE THAT PLACES THE RESPONSIBILITY OF THE SUCCESS OF
THE WETLAND MITIGATION ON THE DEVELOPER.
S:\PLANNING\Case Files\2003\P 03-13 Hillside Estates 10th\P03-13fin.doc
Memo to Mayor and City Council/P 03-13
October 20, 2003
Page 4
° THE DEVELOPER OBTAINS ALL THE APPLICABLE PERMITS PRIOR TO
FILLING ANY WETLANDS.
· A RESTRICTIVE COVENANT AND DRAINAGE AND UTILITY EASEMENT
BE RECORDED ON THE WETLAND MITIGATION AREAS WITH THE
RECORDING OF THE FINAL PLAT.
· THAT A LETTER OF CREDIT BE PROVIDED TO THE CITY IN THE
AMOUNT OF 100% OF THE COSTS OF PUBLIC IMPROVEMENTS
INCLUDING THE COST OF THE MITIGATION WORK.
· THAT THE DEVELOPER SUBMIT A WRITTEN MONITORING REPORT
ON THE REPLACEMENT WETLANDS ONE YEAR AFTER THIS
MITIGATION WORK IS COMPLETED AND THAT THIS REPORT BE
APPROVED BY CITY STAFF PRIOR TO RELEASING THE LETTER OF
CREDIT.
12. THAT A RESTRICTIVE COVENANT AND DRAINAGE AND UTILITY
EASEMENT BE RECORDED OVER THE 50 FOOT BUFFER AREA ADJACENT
THE COMMERCIAL ZONING WITH THE RECORDING OF THE FINAL PLAT.
13. THE FOLLOWING CONDITION OF THE PARK AND RECREATION
COMMISSION BE INCLUDED AS CONDITIONS OF PLAT APPROVAL:
1. THAT SIDEWALKS BE INCORPORATED INTO THE PLAT TO CONNECT
THE PARK AND TRAILS TO THE COMMERCIAL DISTRICT TO THE WEST.
S:\PLANNING\Case Files\2003\P 03-13 Hillside Estates 10thkP03-13fin.doc
l~3ver
Location Map
Case Number, P 03-13
PHOENIX ENTERPRISE
HILL_SIDE E_STATE
· VICINITY' MAP
N W '::: :'" ::
2, ( /
---) OUTLOT B
/I Fl'
,'iI
I
DRAINACE & UTII. JTY EASEME~I'TS
ARE SHOIf'N THUS:
1
BEING 10 FEET IN WIOTH AND ADJOIN(;
RIGHT-OF-WAY LINES, UNLESS OTERWlSE
IflOICATED, AND5 FEET IN W~DTH AND
ADJOININGLOTLINES, UNLESS OTHERWISE
INDICATED, AS SHOWN ON THE PLAT.
LEGEND
(~) . OENO1~$ ~HERBURNE COUNTM
CA~T IRON MONUMENT
· . 0ENO~$ IRON MONUMENT FOUND
.$
I
I
I
/
"/:
I ~'%' /*
%. /
\. :: Y
.\ / /
· \ / /
NORTH ,:::
GRAPHIC SCALE
Scale :t Inch - 100 feet.
205.90
N8~'54'44
!
3'
OUTLOT B
M~'RO
LAND ~~O~
ENGINEERING
SHEET 2 OF 2 SHEETS
J
SHEET TITLE
HILLSIDE
GRAPHIC SCALE
2OO
PRELIMINARY PLAT
OF
ESTA T£S EIGHTH ADDITION
I iuoh ~ 1oo ft.
PRELIMINARY PLAT
MINIMUM LOT WIDTH
AT SETBACK LINE
INTERIOR LOT 80 FT.
CORNER LOT IO0.FT.
AT R/W LINE N/AFT.~
MINIMUMLOT DEPTH1.35 FT.
EAR YARD
ETBACK = 50FT.
---'"~HOUSE 10 FT.
~ {GARAGE 5FT.
~.~ORNER 5OFT,
L__ FRONT '~ARD SE'I~ACK ~LOIFT.
-- ~ STREET
R-1E
LOT DATA
____~NOT AREA
TERIOR 12,000 Sa,FT.
ORNER 12,000 Sa. FT.
F
.,,:,';, .
,SEC. 25' * 'SEC.
SECTION 27, T!4P. 5J. RUE. 26
LOCATION MAP
DRAINAGE AND UTILITY
EASEMENTS ARE SHOWN THUS:
NQT TO SCALE
being § feet in width, and odjoininc] lot
lines, and 10 feet in width and adjoining
street lines unless otherwise indicated
on the plot.
TOTAL AREA- 62.73 AC.
LOT AREA 39.84 AC.
0Ull.0T AREA. 14.08 AC.
R.O.W. AREA 8.81 AC.
NUMBER OF LOT~ 99
!_ARC[ST LOT 4.6,312 $.F.
SMALLEST LOT 12.0:59 S.F.
AVERAGE LOT 17,532 S.F.
GROSS DENSITY- 1.58 LOTS/AC.
NET DENSITY 2.48 LOT~/AC.
EXIST1NG ZONING -R-1E
SINGLE FAMILY RESIDENTIAL
UTIU'nES ,AVAILABLE
BENCHMARK
S~Jke one foot above ground east face of power poJe
#63924 at the Intersection of 305th Avenue and
150th Street. EJevation= 976.88 feet (NGVD 29)
Lk-XIAL DESCRIPTION
That port of the Northeast Quarter of Section 27,
Township 3.~, Range 26, and fha Northwest Quarter of the
Northwest Quarter of Section 26. Township $3, Range 26,
Together with
NOTES
DATE RECEIVED
PRELIMINARY PLAT
OWNER
PHOENIX ENTERPRISES, LLC
19230 Evx3n~ Street
Elk Rive~', Mn. 55530 765-241-1801
~HEET 1 1 SOO:TS
HILLSIDE ESTATES EIGHTH ADOITION
Howard R. Green Oompany
October 15, 2003
File: 822100J-0240
Mr. Scott Harlicker
Senior Planner
City of Elk River
13065 Orono Parkway
Elk River, MN 55330
RE:
HILLSIDE ESTATES 10TM ADDITION
FINAL PLAT APPROVAL
Dear Mr. Hadicker:
As you requested, we have reviewed the final plat for the Hillside Estates 10t~ Addition. The plat was
prepared by Metro Land Surveying and Engineering and was undated. Based on our review, we
would offer the following comments:
The preliminary plat for this area was presented in aggregate under the name of Hillside
Estates 8th Addition and was approved by the City Council on March 12, 2001. Since that
date, the developers have final platted the 80~ Addition, the 9t~ Addition, and now are
presenting the 10t~ Addition. The 10th Addition includes the construction of Dodge Street
from 1960~ Avenue down to the north end of Hillside Estates 1st Addition. There are 21 lots
abutting Dodge Street and a small segment of 195t~ Avenue NW. Outlot A is on the west
side Dodge Street adjacent to the Menards site. The other outlot in the plat is Outlot B,
which represents the remaining portion of the preliminary plat of Hillside Estates 8"~
Addition, which will be platted in the future as Hillside Estates 110~ Addition and so on.
Outlot A has a depth of 185 feet, which was a condition in the preliminary plat. This depth,
however, causes a small amount of Lots 7 and 8, Block 3, on the east side of Dodge
Street, to be a small amount substandard in width. This amount ranges from
approximately three feet to just under four feet. A vadance will be needed for Lots 7 and 8,
or they will need to be reconfigured to achieve the minimum lot depth.
There is a condition in the preliminary plat approval requiring the developer, existing
homeowners, and the City to meet to discuss the extension of sidewalk along Dodge
Street. We are unaware of whether or not this discussion has taken place at this point.
A grading plan has been submitted and reviewed for Hillside Estates 10th Addition and the
remaining Outlot B. The grading plan is in an approvable format; however, we are waiting
for the final drainage calculations prior to approving the grading to determine that the
pending areas are all adequately sized.
Ltr-101503-Hadicker.doc
1326 Energy Park Drive · St. Paul, MN 55108 · 651/644-4389 fax 651/644-9446 toll free 888/368-4389
Mr. Scott Harlicker
October 15, 2003
Page Two
5. A sealcoat fee of $3,000 should be charged to Hillside Estates 10w Addition.
If you have any questions regarding any of these comments, please call.
Sincerely,
Howard R. Green Company
TJM:sw
Ltr-101503-Harlicker.doc
Howard B, Green Qomlsany
RESOLUTION NO. 03-
CITY OF ELK RIVER
A RESOLUTION GRANTING FINAL PLAT APPROVAL FOR:
Hillside Estates 10th Addition
Case No. P 03-13
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
March 12, 2001; 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 Coundl for the City of Elk River as follows:
A. The proposed subdivision is consistent with the Zoning Ordinance and
conforms with all of its requirements.
B. 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.
C. 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.
D. The proposed subdivision makes adequate provision for water
storm drainage, sewage transportation, erosion control and all other
facilities and improvements otherwise required herein.
supply,
services,
Eo
The proposed subdivision will not cause substantial environmental
damage.
F. The proposed subdivision will not conflict with easements of record or with
easements established by judgment of a court.
G. 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:
WHEREUPON the resolution is adopted.
Passed and adopted this 20th day of October, 2003.
Stephanie Klinzing, Mayor
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CERTIFICATE
STATE OF MD,INESOTA
COUNTY OF SHERBURNE
CITY OF ELK RIVER
I, the undersigned, being the duly qualified 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 ,2003.
WITNESS my hand officially as such Clerk and the corporate seal of the City this
__ day of ,2003.
STATE OF MINNESOTA
SS.
COUNTY OF SHERBURNE
joan Schmidt, City Clerk
The foregoing instrument was acknowledged before me this day
,2003, by Stephanie Klinzing, Mayor, City of Elk River, Minnesota.
of
STATE OF MINNESOTA
SS.
COUNTY OF SHERBURNE
Notary Public
The foregoing instrument was acknowledged before me this
,2003, by Sandra Peine, City Clerk, City of Elk River, Minnesota.
day of
Notary Public
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EXHIBIT A
Legal Description:
That part of the Northeast Quarter of Section 27, Township 33, Range 26, Sherburne
County, Minnesota lying Easterly of the Easterly right-of-way line U.S. Highway 169. Except
all or part of the following described plats which lie within said Northeast Quarter of Section
27:
Hillside Estates 1st Addition, Hillside Estates Second Addition, Hillside Estates Third
Addition, Hillside Estates Fourth Addition, Hillside Estates Seventh Addition, Hillside
Estates Eighth Addition, Hillside Estates Ninth Addition, Hillside Crossing, Hillside
Crossing Second Addition, The Woods at Hillside and The Woods at Hillside Second
Addition, accordin to the said plats on file and of record in the Office of the County
Recorder, in said Sherburne County.
S:\PLANNING\Case Files~003\P 03-13 Hillside Estates 10th\RESOLUTION NO.doc Page 4
EXHIBIT B
Conditions:
THAT A DEVELOPERS AGREEMENT BE PREPARED AND EXECUTED
OUTLINING THE TERMS AND CONDITIONS OF THE PLAT APPROVAL AND
INSTALLATION OF IMPROVEMENTS TO BE RECORDED WITH THE FINAL
PLAT.
2. THAT ALL COMMENTS OF THE CITY ENGINEER BE ADDRESSED.
3. THAT STREET LIGHTS BE INSTALLED AS REQUIRED BY ELK RIVER
UTILITIES.
4. THAT ALL THE MAIL BOXES IN THE CUL-DE-SACS BE CLUSTERED.
5. A LETTER OF CREDIT SHALL BE PROVIDED TO THE CITY IN THE AMOUNT
OF 100% OF THE COSTS OF THE PUBLIC IMPROVEMENTS.
THAT 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 A ONE-YEAR PERIOD.
ge
THAT A SURFACE WATER MANAGEMENT FEE IN THE AMOUNT REQUIRED
BY THE CITY AT THE TIME OF FINAL PLAT BE PAID PRIOR TO RELEASING
THE PLAT FOR RECORDING WITH SHERBURNE COUNTY.
THAT A SEALCOAT FEE BE PAID TO THE CITY PRIOR TO RELEASING THE
PLAT FOR RECORDING WITH SHERBURNE COUNTY AS REQUIRED BY THE
CITY ENGINEER.
THAT PRIOR TO CLEARING TREES OR GRADING, THE DRIP LINE OF
PROTECTED TREES AND THE LIMIT OF GRADING SHALL BE FENCED
WITH A SNOW FENCE TO PREVENT UNNECESSARY GRADING,
COMPACTION, OR STORAGE OF DEBRIS OR EQUIPMENT WITHIN THE
DRIPLINE.
10. REVISED LANDSCAPE PLAN BE SUBMITTED WHICH PROVIDES A MINIMUIvI
OF 3 TREES PER LOT OR GROUPED PER STAFF APPROVAL.
11. THAT THE APPLICANT COMPLIES WITH THE WETLAND CONSERVATION
ACT AND THAT:
· A TECHNICAL PANEL REVIEW OF ANY FILLING OR MITIGATION OF
WETLANDS.
· THE DEVELOPER'S AGREEMENT FOR THE PROJECT INCLUDE
LANGUAGE THAT PLACES THE RESPONSIBILITY OF THE SUCCESS OF
THE WETLAND MITIGATION ON THE DEVELOPER.
· THE DEVELOPER OBTAINS ALL THE APPLICABLE PERMITS PRIOR TO
FILLING ANY WETLANDS.
S:\PLANNING\Case Files\2003\P 03-13 Hillside Estates 10th\RESOLUTION NO.doc Page 5
· A RESTRICTIVE COVENANT AND DRAINAGE AND UTILITY EASEMENT
BE RECORDED ON THE WETLAND MITIGATION AREAS WITH THE
RECORDING OF THE FINAL PLAT.
· THAT A LETTER OF CREDIT BE PROVIDED TO THE CITY IN THE
AMOUNT OF 100% OF THE COSTS OF PUBLIC IMPROVEMENTS
INCLUDING THE COST OF THE MITIGATION WORK.
THAT THE DEVELOPER SUBMIT A WRITTEN MONITORING REPORT
ON THE REPLACEMENT WETLANDS ONE YEAR AFTER THIS
MITIGATION WORK IS COMPLETED AND THAT THIS REPORT BE
APPROVED BY CITY STAFF PRIOR TO RELEASING THE LETTER OF
CREDIT.
12. THAT A RESTRICTIVE COVENANT AND DRAINAGE AND UTILITY
EASEMENT BE RECORDED OVER THE 50 FOOT BUFFER AREA ADJACENT
THE COMMERCIAL ZONING WITH THE RECORDING OF THE FINAL PLAT.
13. THE FOLLOWING CONDITION OF THE PARKAND RECREATION
COMMISSION BE INCLUDED AS CONDITIONS OF PLAT APPROVAL:
1. THAT SIDEWALKS BE INCORPORATED INTO THE PLAT TO CONNECT
THE PARKAND TRAILS TO THE COMMERCIAL DISTRICT TO THE WEST.
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