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6.2. SR 01-20-2004City Item # 6_ 2_ TO: FROM: DATE: SUBJECT: MEMORANDUM Mayor and City Council Scott Harlicker, Senior Planner' January 20, 2004 Case No. P 03-18 Request by Elk River Station, LLC for Final Plat for Elk River Station 2nd Addition Request Consider a request by Elk River Station LLC. for final plat approval of the second phase of Elk River Station. Location The property is located north of the Burlington Northem Railroad tracks and north of the Mn/DOT park and ride facility on the east and west sides of Twin Lakes Road. Zonin.q/Land Use PUD (Planned Unit Development) / CC (Community Commercial) and MR (Medium Density Residential) Attachments · Location map · Preliminary plat · Final plat · Memo from the City Engineer · Resolution No. 04- Memo to Mayor and City Council/P03-18 January 20, 2004 Page 2 Overview Project Description The proposal includes approximately 70 acres on the east side of Twin Lakes Road, northeast of the Burlington Northern Railroad tracks at 171~ Avenue. The property is adjacent to the proposed commuter rail station, which is to be located on the west side of Twin Lakes Road. The project is a mixed use development that includes townhomes, apartments, a commercial/office component and senior housing. Background Information In August of 2001 the City Council approved a land use plan amendment to include this property in the Urban Service Area and to change the land use designation to CC (Community Commercial) and MR (Medium Density Residential). In November 2002 the City Council approved the zone change to PUD, the conditional use permit for the PUD and the preliminary plat. On March 17, 2003 the Council approved the final of Elk River Station. This first phase included platting 124 townhouse lots and 8 outlots. As of December 8, 2003, 96 of the lots have been developed. Final Plat The final plat for Elk River Station 2na Addition includes platting the remainder of the townhouse component of the Elk River Station PUD. The final plat includes 23 townhouse lots consisting of 174 townhouse units in the eastern portion of the project. The buildings will be a mix of 6, 8 and 10 units. Three streets will also be platted, 172na Avenue, 171~ Drive and Monroe Drive. The layout of the lots is consistent with the approved preliminary plat. The configuration of the streets is also consistent with the approved preliminary plat. Access to the most of the townhouses will be provided from private drives. Grading, drainage and utility issues are addressed in the City Engineer's memo. The Park and Recreation Commission recommended cash dedication based on a per unit basis for the townhouses. Park dedication the senior cooperative, the apartments, the commercial/office portion of the project will be paid when they come in for final plat approval. Recommendation: Staff recommends that the City Council approve the attached resolution granting final plat approval for Elk River Station with the following conditions: S:M~lanning\Case Files\P 01-05 Elk River Station\final plat 3-17CC Memo to Mayor and City Council/P03-18 January 20, 2004 Page 3 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. 5. 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. APPROPRIATE CROSS ACCESS EASEMENTS SHALL BE APPROVED BY THE CITY AND RECORDED WITH THE PLAT. 14. 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. 15. THE NORTH ACCESS ON THE EAST SIDE OF TWIN LAKES ROAD SHALL BE RIGHT -IN RIGHT-OUT ONLY. S:kPlanning\Case FileskP 01-05 Elk River Station\fhaal plat 3-17CC Memo to Mayor and City Council/P03-18 January 20, 2004 Page 4 16. ANY ARCHEOLOGICAL FINDINGS SHALL BE REPORTED AND THE CITY NOTIFIED. 17. THE AREA ADJACENT TO THE WETLAND SHALL BE KEPT NATURAL. 18. PARK DEDICATION FEES BE PAID PRIOR TO RELEASING THE PLAT FOR RECORDING. 19. ALL NECESSARY TRUNK SANITARY AND WATER ASSESSMENTS, AND LATERAL WATER ASSESSMENTS BE PAID PRIOR TO RELEASING THE PLAT FOR RECORDING. S:~Planning\Case Files\P 01-05 Elk River Station\final plat 3-17CC Howard R, Green Gompany January 14, 2004 File: 812621J-0240 Mr. Scott Harlicker Senior Planner City of Elk River 13065 Orono Parkway Elk River, MN 55330 RE: ELK RIVER STATION 2ND ADDITION FINAL PLAT Dear Mr. Harlicker: As requested, we have reviewed the final plat for Elk River Station 2nd Addition. As you are aware, this is the remaining portion of the multi-family units being constructed by Centex Homes. The only question we have regarding the final plat is there is a private storm sewer line running between Lots 7 and 8 of Block 3, draining the private street to 172"d Avenue. The easement between these two lots is ten feet wide. We question whether a ten-foot easement width is sufficient for construction of the proposed storm sewer line. With that comment, we would recommend approval of the final plat of Elk River Station 2nd Addition. If you have any questions regarding this issue, please call. Sincerely, Howard R. Green Company TerwJ/wJ. ~urer, 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 RESOLUTION NO. 04 - CITY OF ELK RIVER A RESOLUTION GRANTING FINAL PLAT APPROVAL FOR: Elk River Station 2nd Addition Case No. P 03-'18 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 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: 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. Co 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 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: S:\PLANNING\Case Files~003\P 03-18 Elk River Station 2nd\P03-18RESOLUTION NO.doc Page 2 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 S:\PLANNING\Case Files~003\P 03-18 Elk River Station 2nd\P03-18RESOLUTION NO.doc Page 3 EXHIBIT A Legal Description: Outlot H, Elk River Station, according to the recorded plat thereof, Sherburne County, Minnestoa S:\PLANNING\Case Files~003\P 03-18 Elk River Station 2nd\P03-18RESOLUTION NO.doc Page 4 EXHIBIT B 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. 5. 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 SUBMITrED 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. APPROPRIATE CROSS ACCESS EASEMENTS SHALL BE APPROVED BY THE CITY AND RECORDED WITH THE PLAT. 14. 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. S:\PLANNING\Case Files~003\P 03-18 Elk River Station 2nd\P03-18RESOLUTION NO.doc Page 5 15. THE NORTH ACCESS ON THE EAST SIDE OF TWIN LAKES ROAD SHALL BE RIGHT -IN RIGHT-OUT ONLY. 16. ANY ARCHEOLOGICAL FINDINGS SHALL BE REPORTED AND THE CITY NOTIFIED. 17. THE AREA ADJACENT TO THE WETLAND SHALL BE KEPT NATURAL. 18. PARK DEDICATION FEES BE PAID PRIOR TO RELEASING THE PLAT FOR RECORDING. 19. ALL NECESSARY TRUNK SANITARY AND WATER ASSESSMENTS, AND LATERAL WATER ASSESSMENTS BE PAID PRIOR TO RELEASING THE PLAT FOR RECORDING. S:\PLANNING\Case Files~003\P 03-18 Elk River Station 2nd\P03-18RESOLUTION NO.doc Page 6 HiLLSiDE CITY PARK 175TH DOT PROPERTY 174TH 173RD 172ND 171ST 170TH 169TH 168TH ~o~~ ~Dgl~lop SITE CARGILL PRT__ 167TH 166TH RDF PLANT C~e Number: Location Map P 03-18 ELK RIVER STATION 2ND ADDITION N ~estwood~ Professional Services. Inc. N89°IT'38'W 2297 BUILDING TYPICALS CARRIAGE HOMES 478 nllTJ,_~T D 60 UN, rS N OUTLOT A .J 8&10 UNIT 4UNFF MND 0 T EXCEPTION OUTLOT B 2 8~9 AC 226 Le ~P,~cel) OUTLOT C 217 N89°42'52TM 2205 Proposed Le~a] (Residential Parcel) 129 Development Data W Westwood Professional Services, Inc. NOT FOR CONSTRUCTION ~ go~. Centex Homes 12400 Whitewate~ ~'J. ve, Suite #/~0 ~o~, ~ta ~ GEORGETOWN ROW HOMES NO - The lot dimensions and areas on this plan ore approximate, Refer to the F,hal Plot end ELK RIVER No Ex:ale Elk River Station l~k River, Minnesota I I 0' ~00' 200' 300' ~ 08/26/02 ~ 2 OF 7 Preliminary Plat ELK RIVER S TA TION PRELIMINARY KNOW/iLL PERSONS BY' THESE PRgSENT~ ~hat Elk River Station. LLP, a Minnesota limited liability partnership, fee owner. and 21st Century Bank, a Minnesota c~poration, mortgagee of the following described proper"fy situated in the County of Sherbume, State of Minnesota, to wi~: Outlot H, ELK RIVER STAIYON, accord/n9 to the recorded plat thereof. Sherbume County, Minnesota. Have caused the same to be surveyed and platted as ELK RIVEI~ STA ~70N and do hereby donate and dedicate to the City of Elk River, for public use forever the avenue, street and lone as shown on this plat. And also dedicatin9 to the public for public use forever the easements as shawn on this plat f~' drainage and utility purposes only. In witness whereof said Elk River Station, U_P, has caused these presents to be signed by its proper officers this __ o f 200__. ELK RIVER STA lYON, day John R. Paterson, Partner Leonard W. Pratt, Partner STATE' (~ MINNESOTA COUNTY OF The foregoing instrument was acknowledged before me this __ day of 200~ by John R. Paterson and Leonard W. Pratt. partners of Elk River Station, U_P, a Minnesota limited liability partnership, on behalf of the partnership. Notary Public, County, Minnesota My Commission Expires In witness whereof said 21st Century Bank, a Minnesota cc,'potation, has caused these presents to be signed by its proper officers this__ day of 200__.. 21ST CENTURY BANK Michael Bonchero President ~k~mes W. Lindberg, Senior Vice President STATE OF MINNESOTA COUNTY OF The foregoing instrument was acknowledged before me this__ day of 200~ by Michael Boncher, President, and James W. L]ndberg, Senior Vice President of 21st Century Sank, a Minnesota corporation, on behalf of the corporation. Notary Public, County, Minnesota My Commission Expires I hereby certify that I have surveyed and platted the property described on this plot as ELK RIVER STAiYON; that this plot is a correct representation of the surve,v;, that all distances are correctly shown on the plat in feet and hundredths of a fooC that oil monuments have been or will be co~ectly placed in the ground as shown within one year after recording, or sooner. as specified by the approving local governmental unit; that the outside boundary lines are correctly designated on the plat and that there are no wet lands or public highways to be designated other ~hcn as shown on the plat as defined in Minnesota Statutes, Section 505.02, Subdivision 1. Martin J. Weber, Land Surveyor Minnesota License No. 12045 STATE OF MINNESOTA COUNTY OF The foregoing Surveyor's Certificate by Martin J. Weber, Minnesota License Number 1204,~ was acknowledged before me this __ day of 200__. Notary Public, County, Minnesota My Commission Expires 2ND ADDITION Approved end accepted by the City Council of the City of Elk River, Sherburne County, Minnesota, at a meeting held this __ day of 200__. Mayor Attest: Clerk I hereby certify that proper evidence of title has been presented to and examined by me and I hereby approve this plot as to form and execution thls~ day of 200.~. Elk River City Attorney Pursuant to ~herburne County Ordinance Number 006, I hereby certify that this p/at has been checked and approved os to compliance with Chapter 505, Minnesota Statutes this__ day of 200__. I hereby certify taxes payable in the year and that transfer was entered this__ Sherburne County Surveyor on lands herein described are paid in full, and there ore no delinquent taxes, doy of 200__., Sherburne County Auditor~Treasurer I hereby certify that this instrument was filed in the Office of the County Recorder for record on this __ 200~ at__ o'clock __M. and was duly recorded os Document No. Sherburne County Recorder day of WESTWOOD Professional Services, Inc. ELK 259.95 6 50 0 50 I00 150 Scale in feet Scale: I inch= 50 feet 3 Denotes 1/2' x 14" copped iron monument set &~ marked by R.L.S. Registration No. 12043, to be set within one .year of the recording dote of this plot Denotes 1/2" x 14~ capped iron monument found mocked by R.L$. Registration No. 1204J RIVER The orientation of this bearing system is based on the east line of Outlot H, ELK RIVER 5TA710N, which is assumed to bear N 00034'24" E. Drainage · Utility Easement Sketch (Tpplcol) Drainage and Utility Easement over all lots except inside lot envelopes. N 00°J4'24' E S TA TION 132. 45 N 00°34"24' £ 7 \ IJD~85 86. 85 GO°J4 '24~ £ 2 0o~J4'24' E 86. 85 105.30 2ND t,g.G°'t~ , ~ ,~N83°25'04 "E ~--25.34 N 00°34'24' f MONROE DRIVE 142.67 ',, 3 ADDITION 1195.02 F;c 86.85 22 ~ ~ N 00°J4'24 I 22 I t N 00°J4~4 ~- 86.85 ~ ~J0.85 // J71.07 NW. ~ ] 22 N 00°34'24" E ~ I -'~ I ~ 8~ 228. 40 N 00°J4'24" E 185.33 4 N 00034'24' E 185.33 00°17'08" 252.54 00°17'08" £ l~5. JJ --~ ' t5. ~1 5 N 00°17'08 ~99.~ N O0°t7*~" E 152.~2 I ~5.1 ~hl 6 ~= 7°05'03" 151.34 151.34 N 00°17'08 I ~o WCINITY MAP NO scale PRELIMINARY 220.34 I I~00°17'08"f I I ~ 230.33 ~'IV OO°17'OE' f t85. J3 I~ I~ ~- N 00°17'~' E 185. JJ ~ N 00°17'08" E ~ 2JO. J3 ~ ~-__ N 00°17'08" f 185.33 N 00°17'08' E 219.88 WES TWOOD Pcofessiona/ Servfces, Inc. Sheet 2 of 2 sheets