8.3. SR 09-16-2013 City of
Elk - Request for Action
River O.
To Item Number
Mayor and City Council 8.3
Agenda Section Meeting Date Prepared by
General Business September 16, 2013 Jeremy Barnhart, CODD Deputy Director
Item Description Reviewed by
Resolution for Final Plat of Eagles Marsh 3rd Cal Portner, City Administrator
Reviewed by
Action Requested
Adopt by resolution the final plat for phase 3 of Eagles Marsh, subject to the following conditions.
1. 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 or other security acceptable to the city be provided in the amount
of 100% of the cost of public improvements.
3. 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.
4. 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. ($208 per lot,2013 rate)
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. All appropriate wetland and grading permits must be obtained prior to commencing
work on the site.
7. The wetland buffer area shall be signed per city ordinance.
8. Grading and erosion control plan and development plan be submitted and approved
by the city engineer prior to the issuance of building permits.
9. All grading will need to be certified prior to the issuance of building permits.
10. Street lights shall be installed as recommended by Elk River Municipal Utilities.
11. Water availability charge be paid prior to releasing the plat for recording.
12. Any item or condition found that indicates the site is likely to yield information
important to pre-history or history shall be reported to the city immediately.
Further,the city reserves the right to stop work authorized in its approval until the
site is appropriately investigated and work is authorized.
13. 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 the fencing prior to grading
commencing.
14. Staff and the developer shall work to develop a grading plan and tree preservation
plan that will save as many trees on the site as possible.
15. The existing house at 17798 Johnson Street shall connect to public utilities as
required by ordinance. The address for this house may be adjusted.
P a w E A E U s r
NaA f RE]
Background
Riverside Companies continues the development of their Eagles Marsh subdivision with the 3rd phase,a
plat of 12 single family residential lots, new street and an outlot for future residential development.
To date,two phases have been approved,in 2001 and 2005. The preliminary plat has been extended in
2005, 2008, 2009, 2010, and 2013.
The proposed plat is generally consistent with the original preliminary plat as approved in 2001. The new
street, 178"'Avenue,will connect Johnson and Lincoln Avenues.
Since 2001, the city has established additional wetland buffer requirements;these are incorporated into
the revised plat,impacting lot 1,block 3. The necessary wetland buffer area is retained within a drainage
and utility easement, as required by city ordinance.
The proposed public improvements are consistent with city standards.
Financial impact
Not applicable.
Attachments
• Final plat
• Resolution
N:\Public Bodies\Agenda Packets\09-16-2013\x8 3 sr Eagles Marsh£docx
City of
Elk
River
Resolution 13-
A Resolution of the City of Elk River Granting Final Plat Approval for Eagles
Marsh V Addition.
Case No. P 13-02
WHEREAS, application has been made for final plat approval,pursuant to Section 30-374
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 20, 2001; and
WHEREAS, the City Council granted an extension to the preliminary plat approval in
2005, 2008, 2009, 2010, and 2013; 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
I. It is hereby determined by the City Council 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 supply, storm
drainage, sewage transportation, erosion control and all other services, facilities and
improvements otherwise required herein.
P O W E R E D 0 Y
1`4M
E. 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.
2. Final plat approval is hereby granted for the Property, subject to the conditions set
forth in attached Exhibit B.
3. 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.
4. 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.
5. This final plat approval shall expire one year from the date of this resolution if the
final plat is not recorded within that time.
Passed and adopted this 16"'day of September 2013.
John J. Dietz,Mayor
ATTEST:
Tina Allard, City Clerk
P O W E R E D 0 Y
1`4 U
EXHIBIT A
LEGAL DESCRIPTION
Outlots A and C,Eagles Marsh 2nd Addition
POWERED 0Y
1`4 U
EXHIBIT B
CONDITIONS OF APPROVAL
Approve by resolution the final plat for phase 3 of Eagles Marsh, subject to the following
conditions.
1. 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 or other security acceptable to the city be provided in the
amount of 100% of the cost of public improvements.
3. 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.
4. 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. ($208 per lot,
2013 rate)
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. All appropriate wetland and grading permits must be obtained prior to
commencing work on the site.
7. The wetland buffer area shall be signed per city ordinance.
8. Grading and erosion control plan and development plan be submitted and
approved by the city engineer prior to the issuance of building permits.
9. All grading will need to be certified prior to the issuance of building permits.
10. Street lights shall be installed as recommended by Elk River Municipal
Utilities.
11. Water availability charge be paid prior to releasing the plat for recording.
12. Any item or condition found that indicates the site is likely to yield
information important to pre-history or history shall be reported to the city
immediately. Further, the city reserves the right to stop work authorized in
its approval until the site is appropriately investigated and work is authorized.
13. 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
the fencing prior to grading commencing.
14. Staff and the developer shall work to develop a grading plan and tree
preservation plan that will save as many trees on the site as possible.
15. The existing house at 17798 Johnson Street shall connect to public utilities as
required by ordinance. The address for this house may be adjusted.
P O W E R E D 0 Y
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