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6.1. SR 01-20-2004City Item # 6. !. TO: FROM: DATE: SUBJECT: MEMORANDUM Mayor and City Council Scott Harlicker, Senior Planne~ January 20, 2004 Case No. P 03-17 Request by D.R. Horton for Final Plat for Trott Brook Farms 9th Addition Request Consider a request by D.R. Horton for final plat approval of the ninth phase of Trott Brook Farn'ls. Location The property is located north of County Road 12 and east of Twin Lakes Road Zoning/Land Use PUD (Planned Unit Development) / MR (Medium Density Residential) Attachments · Location map · Preliminary plat · Final plat · Memo from the City Engineer · Resolution No. 04- Overview D.R. Horton is requesting final plat approval for the 9th addition to Trott Brook Farms. Trott Brook Farms received a rezoning to PUD, preliminary plat approval and approval of the conditional use permit for the PUD on August 17, 1998. On June 21, 1999 the Council approved the final plats for the first four additions. The 5th and 62 additions received final plat approval on May 15, 2000. The 7th and 8~h additions were granted final plat approval on October 8, 2001. Trott Brook Farms 9th Addition Layout The Ninth Addition includes 47 single family lots. This addition also includes platting Quincy Circle, 185th Circle and Smith street. Smith Street will connect Trott Brook Parkway with that portion of Smith Street platted as part of the 6th Addition. The final plat is consistent with the preliminary plat. Grading, Drainage and Utilities Grading, drainage and utility issues are addressed in the City Engineer's memo. Park and Recreation Requirements The park and recreation requirements were met as part of previously approved additions. Recommendation Staff recommends that the City Council approved the attached resolution granting final plat approval for Trott Brook Farms 9th Addition with the following conditions: A DEVELOPERS AGREEMENT BE PREPARED AND EXECUTED OUTLINING THE TERMS AND CONDITIONS OF THE PLAT APPROVAL AND INSTALLATION OF IMPROVEMENTS PRIOR TO RELEASING THE PLAT FOR RECORDING. 2. A LETTER OF CREDIT BE PROVIDED TO THE CITY IN THE AMOUNT OF 100% OF THE COSTS OF PUBLIC IMPROVEMENTS. 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. 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. ,~. SEALCOAT FEE IN THE AMOUNT TO BE DETERMINED BY THE CITY ENGINEER BE PAID TO THE CITY PRIOR TO RELEASING THE PLAT FOR RECORDING. 6. THE NECESSARY DRAINAGE AND UTILITY EASEMENTS BE DEDICATED ON THE PLAT AS REQUIRED BY THE CITY. 7. ALL COMMENTS OF THE CITY ENGINEER BE ADDRESSED. 8. ALL APPROPRIATE WETLAND PERMITS MUST BE OBTAINED PRIOR TO COMMENCING WORK ON THE SITE. o GRADING AND EROSION CONTROL PLAN AND DVELOPMENT PLAN BE SUBMITTED AND APPROVEDBY THE CITY ENGINEER PRIOR TO THE ISSUANCE OF BUILDING PERMITS. 10. ALL GRADING WILL NEED TO BE CERTIFIED PRIOR TO THE ISSUANCE OF BUILDING PERMITS. 11. STREET LIGHTS SHALL BE INSTALLED AS RECOMMENDED BY ELK RIVER MUNICIPLAL UTILTIIES. 12. WATER AVAILABILTY CHARGE BE PAID PRIOR TO RELEASING THE PLAT FOR RECORDING. 13. ALL NECESSARY TRUNK SANITARY AND WATER ASSESSMENT, AND LATERAL WATER ASSESSMENTS BE PAID PRIOR TO RELEASING THE PLAT FOR RECORDING. Howard R, Green Company January 14, 2004 File: 815726J-0240 Mr. Scott Hariicker Senior Planner City of Elk River 13065 Orono Parkway Elk River, MN 55330 RE: TROTT BROOK FARMS 9TM ADDITION FINAL PLAT Dear Mr. Harlicker: As requested, we have reviewed the final plat of Trott Brook Farms 9th Addition. This plat contains 47 single-family lots, generally located in the center of the Trott Brook Farms area. The only comment we have is there are a number of locations where there are storm sewer lines and/or watermain looping runs along lot lines where additional easement width will be required. We would suggest that Westwood Professional Services review the final plat relative to the construction plans and comments received from the City to determine where additional easement width is needed. We would request that prior to the final plat being signed by the City officials, we receive one more opportunity to review the final plat to ensure that all these additional easement widths are provided. With that comment, we would recommend approval of the final plat of Trott Brook Farms 9th Addition. If you have any questions, please call. Sincerely, Howard R. Green Company Terry J. Maurer, P.E. TJM:sw Ltr-011404-Harlicker.doc 2550 University Avenue West · Suite 400N · St. Paul, MN 55114 · 651/644-4389 fax 651/644-9446 toll free 888/368-4389 Location Map Case Number: P 03-17 TROTT BROOK FARMS 9TH ADDITION N RESOLUTION NO. 04 - CITY OF ELK RIVER A RESOLUTION GRANTING FINAL PLAT APPROVAL FOR: Trott Brook Farms 9th Addition Case No. P 03-17 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 August 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: The proposed subdivision is consistent with the Zoning Ordinance and conforms with all of its requirements. Bo 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. 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 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 20th day of January, 2004. 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 ,2004. WITNESS my hand officially as such Clerk and the corporate seal of the City this __ day of ., 2004. Joan Schmidt, City Clerk STATE OF MINNESOTA SS. COUNTY OF SHERBURNE The foregoing instrument was acknowledged before me this __ , 2004, by Stephanie Klinzing, Mayor, City of Minnesota. Elk day of River, STATE OF MINNESOTA SS. COUNTY OF SHERBURNE Notary Public The foregoing instrument was acknowledged before me this __ day of ., 2004, by Joan Schmidt, City Clerk, City of Elk River, Minnesota. Notary Public EXHIBIT A Legal Description: That part of Outlot C~ TRO TT BROOK FARMS, according to the recorded plat thereof. Sherburne County, Minnesota lying easterly and southerly of the following described line: Commencing at the northeast comer of the Southeast Quarter of the Northwest Quarter of Section 35, Township 33, Range 26, said Sherburne County; thence South 89 degrees 55 minutes 52 seconds East, assumed bearing, along the north line of said Outlot C, a distance 0f 812.09 feet to the easterly line of said Outlot C; thence South 13 degrees 36 minutes 24 seconds East, along said easterly line, a distance of 202.29 feet to the pGint of beginning of said line to be described; thence South 06 degrees 13 minutes 49 seconds West, a distance o 271 94 feet; thence South 87 degrees 10 minutes 41 seconds West, a distance of 431.33 feet; thence North 54 degrees 15 minutes 25 seconds West, a distanc of 207.65 feet; thence North 88 degrees 39 minutes 25 seconds West, a distance of 207.27 feet; thence South 05 degrees 31 minutes 24 seconds West, a distance of 151.13 feet to the northerly right of way line of Trott Brook Parkway, as dedicated in TRO TT Bi~OOK FAJiMS $77-I ADDITION, according to the recorded plat thereof, said Sherbume County; thence South 24 degrees 47 minutes 16 seconds West, a distance of 72.33 feet to the southerly dght of way line o said Trott Brook Parkway, also being the northeast conz'r of MARSHES 0£ TRO TT BROOK tv{AMS, ~ to the m--otd~p/~ thereof, said Sherbume County; thence South 09 degrees 18 minutes 07 seconds ~;"e~, a~tg. the e~ste~ line of said MARSHED OF TROT~ BROOK FARMS, a di.q, aam~ of 268.16 feet to a southeasterly/in of said MARSHES OF TI{OT~ BROOK_FARMS; ~ South 43 g.~gre~ 35 minutes 06 seconds West, aJ. ortg said southeasterly line, a distance of 390. 68 feet; thence South 16 degrees 50 minutes 49 seconds East, a distance of 212.55 feet; thence North 59 degrees 31 minutes 38 seconds East, a distance of 401.83 fe thene Sou& 30 geg, n~ 28 mmute~ 22 secor~ East, a distance of 622.86f~et; the'~.~out}~, a d/,tt, ox~ o/'163.78 feet, along a tangential cu:r~, concawe to tJ~e west, l~n radius of Z80.00 ~eet and a central ar~. of 3 3 d. egr~ 30 minutes 53 seconds;thence South03 d~es 02 minutes 30 secoads West, caag~ to said aete, a di ,s~a~. of 49.51 feet to a sou~erly lir~ of said Outlot C, also ~g the ffort~ comer of Lot16, Block2, TRO TT BROOK FARMS SIXTH ADDITION, ac~d~ to the re~ plat ~j.' said Sher~me Excel' Said Trott Brook Parkway. Conditions: EXHIBIT B o o o 10. 11. 12. 13. A DEVELOPERS AGREEMENT BE PREPARED AND EXECUTED OUTLINING THE TERMS AND CONDITIONS OF THE PLAT APPROVAL AND INSTALLATION OF IMPROVEMENTS PRIOR TO RELEASING THE PLAT FOR RECORDING. A LEI'rER OF CREDIT BE PROVIDED TO THE CITY IN THE AMOUNT OF 100% OF THE COSTS OF PUBLIC IMPROVEMENTS. 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. 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. SEALCOAT FEE IN THE AMOUNT TO BE DETERMINED BY THE CITY ENGINEER BE PAID TO THE CITY PRIOR TO RELEASING THE PLAT FOR RECORDING. THE NECESSARY DRAINAGE AND UTILITY EASEMENTS BE DEDICATED ON THE PLAT AS REQUIRED BY THE CITY. ALL COMMENTS OF THE CITY ENGINEER BE ADDRESSED. ALL APPROPRIATE WETLAND PERMITS MUST BE OBTAINED PRIOR TO COMMENCING WORK ON THE SITE. GRADING AND EROSION CONTROL PLAN AND DVELOPMENT PLAN BE SUBMITTED AND APPROVEDBY THE CITY ENGINEER PRIOR TO THE ISSUANCE OF BUILDING PERMITS. ALL GRADING WILL NEED TO BE CERTIFIED PRIOR TO THE ISSUANCE OF BUILDING PERMITS. STREET LIGHTS SHALL BE INSTALLED AS RECOMMENDED BY ELK RIVER MUNICIPLAL UTILTIIES. WATER AVAILABILTY CHARGE BE PAID PRIOR TO RELEASING THE PLAT FOR RECORDING. ALL NECESSARY TRUNK SANITARY AND WATER ASSESSMENT, AND LATERAL WATER ASSESSMENTS BE PAID PRIOR TO RELEASING THE PLAT FOR RECORDING. ,/, ,/ PREVIOUSLY PLATTED // :_ LOT j J I 'tYPiCaL. S/l:' LOT ~ CR OVER ~ ] ~ Con cr~.ctor Deve~ooer~ TROTT BROOK FARMS NINTH ADDITION PRELIMINARY KNOW ~ PERSONS BY THESE PRESENTS: That D.R. Hortan, inc.-Minnesota, a Delaware corparoUon, owners and proprietors of the following described proper~y situated in the County of Sherburne, State of Minnesota, to wit: That port of Outlet ~ TROT~ BROOK FARMS, according to the recorded plot thereof, Sherburne County, Minnesota I~ing easterly and southerly of the following described line: Commencing at the northeast corner of the Southeast ~uorter of the Northwest Quarter of Secticn .~5, Township 5, R~nge 26, said Sherburne Count~ thence South 89 degrees 55 minutes 52 seconds Eos& oesumed beoring, along the north line of said Outlet C, o distance of 812.09 feet to the easterly line of said Outlet C; thence South 13 degrees 36 minutes 24 seconds East, dong said easterly line, o distance of 202.29 feet to the point of beginning of said line to be described,* thence South 06 degrees 13 minutes 49 seconds West, o distance of 271.94 feet; thence South 87 degrees 10 minutes 41 seconds West, o distance of 431.33 feeC thence North 54 degrees 15 minutes 25 seconds West, o distance of 207.65 feet; thence North 88 degrees 3.9 minutes 25 seconds West, a disfonde of 207.27 feeC thence South 05 degrees 31 minutes 24 ceco~ds West, a distance of 151.13 feet to the northerly dght of way line of Trott Brook Parkway, os dedicated in TROTT 8ROOK FARMS 8TH ADDI770N, according to the reccrded plot thereof, said Sherburne Count~, thence South 24 degrees 47 minutes 16 secands West, o distance of 72.33 feet to the southecfy right of way line of said Trott Brook Porkwo~ elsa being the northeast corner of MARSHES OF TROTT 8ROOK FARMS, according to the recorded plat thereof, said Sherburne Count)~ thence South 09 degrees 18 minutes O?*secends West, along the essterly line of said MARSHED OF TROI-r BROOK FARMS~ o distance of 268.16 feet to o southeasterly line of sold MARSHES OF TROTT BROOK FARMS,- thence South 43 degrees 35 minutes D6 seconds Wes& dong said southeasterly line, a distance of 390.68 feet; thence South 16 degrees 50 minutes 49 seconds Eos& o distance of 212.55 feet; thence Ncrth 59 degrees 31 minutes ~8 seconds Eas~ a distance of 401.83 feet; thence South 30 degrses 28 minutes 22 seconds Eos~, o distance of 622.86 feet; thence southerf~ o distance of 163.78 feet, dong a tongantid curve, concave to the wesC he~ing o rediu$ of 280.00 feet and o centrd angle of 33 degrees 30 rninutee 53 seconds; thence South 03 degrees 02 minutes 30 seconds West, tangent to said curve, a distance of 49.51 feet to a southerly line of said Outlet C, also being the northeast corner of Lot 16, Block 2, TROTT BROOK FARMS SIXTH ADDI170N, according to the recorded plot thereof, sold Sherbume County and there terminating. Excep t: Said Trott Brook Parkway Hove caused the some to be surveyed and plotted os TROTT BROOK FARMS NINTH ADDI~70N and do hereby donate and dedicate to the public for public use forever the thoroughfcres~ as shown on this plot. And also dedicating to the public for public use forever the easements as shown on this plat for drainage and utility purposes only in witness whereof said D.R. Har~on, Inc.- Minnesota, has caused these presents to be signed by its proper officers this__ day of 200 . D.R. HORTON, INC.-MINNESOTA STATE OF COUNTY OF The foregoing instrument was ockno~fedged before me and on behalf of said co~poroticn. day of 2eO~ by of D.R. Herren, inc.-Minnesota~ o Delaware corporation, Notary Public, My Comrnissicn Expires County, Minnesota I hereby certify that ! hove surveyed and platted the property desonT~ed on this plot cs TROTT BR~)K FARMS NINTH ADBllTON, that this plat is o true and correct representation of the sorve~ that dl distances ore ccrrectly shown on the plot in feet and hundredths of a feet, that oil monuments hove been or will be correctly placed in the ground cs shown within one year after recording, or sooner, OS Specified by the oppro~ng local government uni~ that the outside boundary lines are ~tiy designated on the plot and that there ore no wet lands or public highways to be designated other than os shown on the plot as defined in Minnesota ~atutee 505.02, Subd. I. STATE OF MINNESOTA COUNTY OF T1~e forego~,q Surveyor's Certificate was acknowledged before me this__ Minnesota L~ceneo Nc. 23002. Scott A. Gyllan, Land Eu~weyor Minnesota license No. 23002 day of 200~ by Scott A. G)~len, Notary Public, My Commission Expires County, Minnesota Approved and accepted by the City Council of the City of Elk River, Sherburne Count~, Minnesota at a meeting held this __ day of 200 Mayor Attest: Clerk I hereby certify that proper e~dence of title has been presented to and examined by me and I hereby approve this plot as to form and execution this __. day of 200~ ETk River Cit, v Attorney Pursuant to Sherbume County Ordinance Number 006, I hereby certify that this plat has been checked and approved as to cornpliance with ~hopter 505, Minnesota Statutes this __ do~ of 200~ Sherbume C~unty Surveyor Recommended for apprevd this day of I hereby cerb'fy taxes payable in the yecr transfer was entered this__ day of I hereby certify that this instrument was bled in the Office of the Ccunty Recorder for reco~d on this__ __ o'clock .__M. ~nd was duly recorded cs Document No. __ Sherbume County Engineer on' lands herein desarlT~ed ore paid in full, and there Ore no delinquent taxes, and that 200 . Sherburne County Auditar/Treosurer do]/ of 200~ at Sherbume County Recorder WES TWOOD Professicnel Services, ina. Sheet I of 2 Sheets ou~:o~ I I I TRO TT BROOK FA RMS NINTH A DDIT/ON ELK RIVER Vicinity Mop NO scale Section JS, Townsh~o 33, Range 26 UNE TABLE t/ t GRAPHIC $CAM~ The orientoti~n of this beoring system is based on the plot of 7ROTT BROOK FARMS ® Denotes I/2' x 14' iron monument with plastic marked by R.L.S~ Registration No. 23002, to be set within one year of the recording date of this plot. Oenofes iren monument found Denotes DEUNEA TED WETLAND WESTWO0J Professlen~ Ser~*ce~ /nc Sheet 2 of 2 Sheets