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6.5. SR 05-20-2002River 13065 0r0n0 Parkway Elk River, MN 55330 MEMORANDUM Item # TO: FROM: DATE: SUBJECT: Mayor and City Council Scott Harlicker, Senior Planne/~ May 20, 2002 Case No. P 02-03 Request by Cascade I Land Company for Final Plat Approval - Windsor Park 3rd Addition Request Consider a request by Cascade I Land Company for preliminary Plat approval of Windsor Park 3rd Addition, a 93 lot single family cluster development. Location North and south sides of County Road 33 at the Macon Street ~lignment Zoning/Land Use Rla (Single Family Residential) and A1 (Agricultural Conservahon) / LR (Low Density Residential) and A (Agricultural) Attachments Location map Final plat Preliminary plat Memo from the City Engineer Resolution No. 02- Overview The plat includes 196 acres located on the north and south sides Of County Road 33, about ~A mile west of the intersection with County Road 17 162 acres ar{ located on the south side and 34 acres are located on the north side. Overall the land is a mix of woodland, wetland Phone: 763.441.7420 Fax: 763.441.7425 www. ci.elk-river, mn.us Outlots [ ! Four outlots are proposed on the south side of County Road 33.6utlot A is about 43 acres, it consists of wetland and an area that will be used for wetland mitigation; Outlot B is 4.22 acres and will be utilized for a drainage pond and neighborhooc~ park; Outlot C is 37.47 acres and contains the community septic system, and Outlot D is ~9.67 acres and is about 3A wetland. Outlot E is 25.96 acres and is located on the north side of County Road 33. This outlot will be dedicated as a city park. The NSP power line easement cuts dia{:onally across this outlot. Park Dedication Outlot E and a small cash contribution will be accepted to fulfill the park dedication requirements. Well and Septic The project will have a community septic system and individual w~lls. The septic system will be located on Outlot C. Recommendation Staff recommends that the City Council approve Resolution No 02- granting final plat approval for Windsor Park 3rd Addition with the following~ conditions: 1. A DEVELOPERS AGREEMENT OUTLINING THE TERMS ~kND CONDITIONS OF THE PLAT APPROVAL AND INSTALLATION OF IMPROVEMENTS BE PREPARED AND EXECUTED PRIOR TO RELEASING THE PLAT FOR4 RECORDING. 2. ALL COMMENTS OF THE CITY ENGINEER BE SHALL BE ADDRESSED. 3. A HOMEOWNERS ASSOCIATION DOCUMENT BE PREPARED SUBJECT TO THE CITY ATTORNEY'S REVIEW AND APPROVAL PRIOR TO FINAL PLAT. 4. STREET LIGHTS BE INSTALLED AS REQUIRED BY ELK RIVER UTILITIES 5. A LETTER OF CREDIT BE PROVIDED TO THE CITY IN THE AMOUNT OF 100% OF THE COSTS OF THE PUBLIC IMPROVEMENTS. i 6. 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 ~ZITY FOR THE PERIOD OF ONE YEAR. ge o SURFACE WATER MANAGEMENT FEE IN THE AMOUNI CITY AT THE TIME OF FINAL PLAT BE PAID PRIOR TO FOR RECORDING. A SEALCOAT FEE IN THE AMOUNT TO BE DETERMINE] ENGINEER BE PAID PRIOR TO RELEASING THE PLAT F~ REQUIRED BY THE {ELEASING THE PLAT ) BY THE CITY )R RECORDING. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. A GRADING AND EROSION CONTROL PLAN BE APPROVED BY THE CITY ENGINEER PRIOR TO THE ISSUANCE OF BUILDING PERMITS. A DEVELOPMENT PLAN BE APPROVED BY THE CITY ENGINEER PRIOR TO THE ISSUANCE OF BUILDING PERMITS. OUTLOT A, OUTLOT C AND OUTLOT D BE PLACED IN A CONSERVATION EASEMENT TO BE HELD BY THE HOMEOWNERS ASSO(;IATION OR A QUALIFIED LAND TRUST. ALL MAILBOXES BE CLUSTERED. A TREE PRESERVATION PLAN BE APPROVED PRIOR TC FOR RECORDING. RELEASING THE PLAT ANY TREES OFF SITE OR ON SITE, NEAR THE LIMIT OF TO BE PRESERVED, SHALL BE FENCED WITH A SNOW l LINE TO PREVENT GRADING, COMPACTION, OR STOF DEBRIS OR MATERIALS. STAFF SHALL INSPECT FENCING PRIOR TO CLEARING OR GRADING COMMENCING. ~ GRADING THAT ARE :ENCE AT THE DRIP AGE OF EQUIPMENT, A SIDEWALK SHALL BE INSTALLED ALONG THE WEST FROM THE SOUTH BOUNDARY OF THE PLAT TO COU MAINTENANCE AND OWNERSHIP OF THE OUTLOTS, ~ MEDIANS AND THE LANDSCAPED ISLANDS IN THE CL THE RESPOSIBILITY OF THE HOMEOWNERS ASSOCIAq INLUDED IN THE HOMEOWNERS ASSOCIATION AGILE ALL APPROPRIATE EASEMENTS SHALL BE SHOWN ON OUTLOT E SHALL BE DEEDED TO THE CITY TO MEET T REQUIREMENTS. A SMALL CASH DEDICATION SHALL ALL COMMENTS IN THE SHERBURNE COUNTY HIGHX LETTER SHALL BE ADDRESSED. THAT THE APPLICANT COMPLIES WITH THE WETLANI AND THAT: · A TECHNICAL EVALUATION PANEL REVIEW ANY FIL OF WETLANDS. · THE DEVELOPER'S AGREEMENT FOR THE PROJECT I~ THAT PLACES THE RESPONSIBILITY OF THE SUCCESS MITIGATION ON THE DEVELOPER. · THE DEVELOPER OBTAIN ALL THE APPLICABLE PER1V ANY WETLANDS. · A RESTRICTIVE COVENANT AND DRAINAGE AND UT RECORDED ON THE WETLAND MITIGATION AREAS '¢ OF THE FINAL PLAT. IDE OF PASCAL STREET ~ ROAD 33. 7HE LANDSCAPED rL DE SACS SHALL BE 'ION AND SHALL BE EMENT. 7HE PLAT. IE PARK DEDICATION ALSO BE REQUIRED. 7AY DEPARTMENT CONSERVATION ACT LING OR MITIGATION [CLUDE LANGUAGE OF THE WETLAND fITS PRIOR TO FILLING [LITY EASEMENT BE 7ITH THE RECORDING THE DEVELOPER SHALL INSTALL THE BITUMINOUS TI SOUTH SIDE OF COUNTY ROAD 33 FROM THE EAST TO THE PLAT AND A BITUMINOUS TRAIL CONNECTING T HE TRAIL IN WINDSOR PARK WITH COUNTY ROAD 33. i ALL DISTURBED AREAS SHALL BE GRADED AND SEED'. LAIL ALONG THE WEST BOUNDARIES OF SITE W~NDSOR 211TH A~. l~ver Case Number: Location Map P 02-03 Cascade Land CO. N (Windsor Park 3rd Addition) WINDSOR PARK THIRD ADDITION ~ ~ PLAT ~ GOLINTY ~ N(1 ~ MMIT OF WAY '200' SCALE 0 200' 4O0' 60O IN SCALE: 1"= 200' / / f4 i ,S' /' I / / / / / I I I ~ ], I ! II I 81met 2 of 6 8heeta ~IONITY MAP 100' SCALE 0 ~00' 200' IN SCALE: 1" = 100' / / ,/ 300' FEET / '/ / / WINDSOR PARK THIRD ADD/T/ON / ,/ L =489. 88 / --- O£'izg~ _7,,, gg, E~7. ION --- O0 '0£1 'F 3 .~,£,01./o I Sheet 3 of 5 Sheets WINDSOR PARK THIRD ADDITION 6 100' SCALE 459.05 ~ 9 OUTLOT C 2 0 100' 200' IN SCALE: 1" = 100' 300' FEET N /J'25,46~ ~) N 89°28'45" W~j 130,00 ,C)!iTL':."? C Sheet 4 of 5 Sheets 'dClNITY MAP 2~. 20 DENOTES SHERBURNE COUNTY CAST IRON MONUMENT · DENOTES FOUND IRON MONUMENT © DENOTES I/2' BY t4' IRON PIPE SET. L.$. NO. 16095 DENOTES 1~2" 8Y 14" IRON PIPE TO BE SET WITHIN ONE YEAR OF THE DA TE OF RECORDING. 7 WINDSOR THIRD ADDITION WE ? OUTLOT E S89'27'17"W J JO. OJ R=900. O0 100' 0 ]00' 200' 500' --1 SCALE IN FEET SCALE: 1" = 100' Sheet 5 of 5 Sheets I LEGEND Howard R, Green Qompany Apdl 1, 2002 File: 816950J-0240 Mr. Scott Harlicker Senior Planner City of Elk River 13065 Orono Parkway P.O. Box 490 Elk River, MN 55330-0490 RE: WINDSOR PARK 3RD ADDITION FINAL PLAT Dear Mr. Harlicker: As requested, we have reviewed the final plat for Windsor Park 3rd Addition. Based on our review, we would offer the following comments: The islands at the two entrances to the plat from County Road 33 should be covered by drainage and utility easements. 2. All wetlands in the plat should also be covered by drainage and utility easements. Wherever the drainage and easements covering the wetlands do not come up to the road, an additional 10-foot drainage and utility easement must be given adjacent to the road in areas where no lots are fronting the road..An example of this would be the area between Lot 23, Block 1, and Lot 1, Block 2. Another example would be the entire perimeter of Outlot B. There are numerous areas like this throughout the plat. 4. The drainage and utility easement is missing along the rear of Lot 4, Block 10. It appears that five lots have been removed from the preliminary plat to the final plat. The City Council motion to approve the preliminary plat required four to be removed - the Community Benefit lot plus three others. It appears that the Community Benefit lot has been removed from Block 1, reducing the number of lots in that block to 23. Lots 1 and 2, Block 8, have been removed consistent with the Technical Evaluation Panel recommendation, reducing the number of lots in that block to nine. Lot 6, Block 10, has been removed immediately behind the home of the residents from Windsor Park Addition that spoke at the Public Headng, reducing the number of lots in that block to five. One lot has been removed in the middle of Block 11, breaking that into two 3-lot blocks. Ur 4-1-02 Harlicker 1326 Energy Park Drive · St. Paul, MN 55108 · 651/644-4389 fax 651/644-9446 toll free 888/368-4389 Mr. Scott Harlicker Apdl 1, 2002 Page Two Based on our review, we would recommend approval of the final plat, but would request that we be allowed to review the final document prior to recording to ensure that the above comments have been adequately addressed. If you have any questions, please call. Sincerely, Howard R. Green Company Terry J. Maurer, P.E. TJM:tw Ltr 4-1-02 Harlicker Howard R. Green Company OONSULTING ENGINEERS RESOLUTION NO. 02- CITY OF ELK RIVER A RESOLUTION GRANTING FINAL PLAT APPROVAL FOR: WINDSOR PARK 3rd ADDITION Case No. P 02-03 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 March 18, 2002; 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. 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. 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. 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. 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: None Document2 Page 2 WHEREUPON the resolution is adopted. Passed and adopted this 20th day of May, 2002. Stephanie Klinzing, 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 WITNESS my hand officially as such Clerk and the corporate seal of the City this __ day of ,2002. STATE OF MINNESOTA SS. COUNTY OF SHERBURNE Sandra Peine, City Clerk The foregoing instrument was acknowledged before me this __ , 2002, by Stephanie Klinzing, Mayor, City of Elk Minnesota. day of River, Notary Public Document2 Page 3 STATE OF MINNESOTA SS. COUNTY OF SHERBURNE The foregoing instrument was acknowledged before me this __ day of ., 2002 by Sandra Peine, City Clerk, City of Elk River, Minnesota. Notary Public THIS INSTRUMENT WAS DRAFTED BY: DOHERTY RUMBLE & BUTLER 3500 Fifth Street Towers 150 South Fifth Street Minneapolis, MN 55402-4235 Document2 Page 4 EXHIBIT A Legal Description: That part of the Southeast Quarter of Section 7, Township 5.3, Range 26, Sherburne County, Minnesota, lying south of the centerline of County Highwc:y No. 33. AND That part of the West Half of the Southwest Quarter of Section 8, Township 35, Range 26, Sherburne County, Minnesota, EXCEPT that part of the East 550.00 feet thereof lying north of the centerline of County Highway No. 33, and south of the North 500.38 feet thereof. AND That part of the Southeast Quarter of the Southwest Quarter of Section 8, Township 53, Range 26, Sherburne County, Minnesota, lying south of the centertine of County Highway No. 33, and lying westerly of the following described line: Commencing at the southeast corner of said Southeas~ Quarter of the Southwest Quarter; thence South 88 degrees 4-3 minutes t0 seconds West, assumed bearing, along the south line of said Southeast Quarter of the Southwest Quarter, a distance of 771.41 feet to the actual point of beginning .of the tine to be herein described; thence North 27 degrees 17 minutes 35 seconds East a distance of 580.52 feet to the centertine of County Highway No. 53, and there terminate said line. Subject to an easement for roadway purposes for County Highway No. 55 Also subject to NSP easements and other easements of record. Document2 Page 5 EXHIBIT B A DEVELOPERS AGREEMENT OUTLINING THE TERMS AND CONDITIONS OF THE PLAT APPROVAL AND INSTALLATION OF IMPROVEMENTS BE PREPARED AND EXECUTED PRIOR TO RELEASING THE PLAT FOR RECORDING. ALL COMMENTS OF THE CITY ENGINEER BE SHALL BE ADDRESSED. A HOMEOWNERS ASSOCIATION DOCUMENT BE PREPARED SUBJECT TO THE CITY ATTORNEY'S REVIEW AND APPROVAL PRIOR TO FINAL PLAT. 4. STREET LIGHTS BE INSTALLED AS REQUIRED BY ELK RIVER UTILITIES 5. A LETTER OF CREDIT BE PROVIDED TO THE CITY IN THE AMOUNT OF 100% OF THE COSTS OF THE PUBLIC IMPROVEMENTS. o 10. 11. 12. 13. 14. 15. 16. 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. 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. A SEALCOAT FEE IN THE AMOUNT TO BE DETERMINED BY THE CITY ENGINEER BE PAID PRIOR TO RELEASING THE PLAT FOR RECORDING. A GRADING AND EROSION CONTROL PLAN BE APPROVED BY THE CITY ENGINEER PRIOR TO THE ISSUANCE OF BUILDING PERMITS. A DEVELOPMENT PLAN BE APPROVED BY THE CITY ENGINEER PRIOR TO THE ISSUANCE OF BUILDING PERMITS. OUTLOT A, OUTLOT C AND OUTLOT D BE PLACED IN A CONSERVATION EASEMENT TO BE HELD BY THE HOMEOWNERS ASSOCIATION OR A QUALIFIED LAND TRUST. ALL MAILBOXES BE CLUSTERED. A TREE PRESERVATION PLAN BE APPROVED PRIOR TO RELEASING THE PLAT FOR RECORDING. 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 CLEARING OR GRADING COMMENCING. ALL DISTURBED AREAS SHALL BE GRADED AND SEEDED. THE DEVELOPER SHALL INSTALL THE BITUMINOUS TRAIL ALONG THE SOUTH SIDE OF COUNTY ROAD 33 FROM THE EAST TO WEST BOUNDARIES OF THE PLAT AND A BITUMINOUS TRAIL CONNECTING THE TRAIL IN WINDSOR PARK WITH COUNTY ROAD 33. Document2 Page 6 17. 18. 19. 20. 21. 22. A SIDEWALK SHALL BE INSTALLED ALONG THE WEST SIDE OF PASCAL STREET FROM THE SOUTH BOUNDARY OF THE PLAT TO COUNTY ROAD 33. MAINTENANCE AND OWNERSHIP OF THE OUTLOTS, THE LANDSCAPED MEDIANS AND THE LANDSCAPED ISLANDS IN THE CUL DE SACS SHALL BE THE RESPOSIBILITY OF THE HOMEOWNERS ASSOCIATION AND SHALL BE INLUDED IN THE HOMEOWNERS ASSOCIATION AGREEMENT. ALL APPROPRIATE EASEMENTS SHALL BE SHOWN ON THE PLAT. OUTLOT E SHALL BE DEEDED TO THE CITY TO MEET THE PARK DEDICATION REQUIREMENTS. A SMALL CASH DEDICATION SHALL ALSO BE REQUIRED. ALL COMMENTS IN THE SHERBURNE COUNTY HIGHWAY DEPARTMENT LETTER SHALL BE ADDRESSED. THAT THE APPLICANT COMPLIES WITH THE WETLAND CONSERVATION ACT AND THAT: · A TECHNICAL EVALUATION PANEL REVIEW 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 OBTAIN 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. 23. THE DEVELOPER RECEIVE ALL THE NECESSARY COUNTY DITCH AND REAPORTIONMENT PERMITS. Document2 Page 7