7.4. SR 11-16-1998~ity of
River
MEMORANDUM
Item# ?.4.
TO:
FROM:
DATE:
SUBJECT:
Mayor and City Council
Scott Harlicker, Planning Assistan~~AA//
November 16, 1998
Request by Dynamics Design and
Land Company for Final Plat
Approval (Blackberry Hills), Case
No. P 98-2
Request
Dynamic Design and Land Company is requesting final plat approval to
subdivide 92 acres into 4 single family lots.
Location
North side of County Road 21 and 217th Avenue alignment
Zoning/Land Use
A1 (Agricultural Conservation) ME (Mineral Extraction Overlay) / A
(Agricultural)
Attachments
· Resolution No. 98-
· Location map
· Final plat
· Report to City Council regarding request for preliminary plat approval
dated August 17, 1998
Overview
The City Council reviewed and approved the preliminary plat request on
August 17th. The plat involves the subdivision of 92 acres into 4 single family
lots. Access to the lots will be provided by a cul de sac extending from County
Road 21 (Brook Road). The street will be constructed to city standards which
include paving and curbing. The opportunity exist for replating the 30 acre at
13065 Orono Parkway · P.O. Box 490 · Elk River, MN 55330 · TDD & Phone: (612) 441-7420 · Fax: (612) 441-7425
Memo to Mayor and City CounciYP 98-2
November 16, 1998
Page 2
some point in the future. Future subdivision of the 30 acre parcel is limited to
4 additional lots under the current zoning regulations.
Recommendation
It is recommended the City Council approve Resolution No. 98-__
granting final plat approval for Blackberry Hills with the following
conditions:
A developers agreement outlining the terms and conditions of the plat
approval and necessary road construction be prepared and executed prior
to releasing the plat for recording.
2. All the comments of the City Engineer be addressed.
3. A letter of credit in the amount of 100% of the cost of public improvements
be provided prior to releasing the plat for recording.
A surety bond in the amount of 25% be provided to the City upon
completing public improvements for a one year period to guarantee
quality of work.
5. Surface water management fee in the amount of $275.32 be paid prior to
releasing the plat for recording.
6. Park dedication fee in the amount of $1300.00 be paid prior to releasing
the plat for recording.
7. A seal coating fee to be determined by the City Engineer paid prior to
releasing the plat for recording.
8. Streetlights be provided per Elk River Utilities recommendation.
9. Applicant shall obtain all necessary permits prior to any wetland
disturbance.
10. A grading, drainage and erosion control plan be submitted and approved
by the City Engineer.
11. All grading will need to be certified prior to the issuance of building
permits
s:\planning\scott\p98-2fcc.doc
Memo to Mayor and City Council/P 98-2
November 16, 1998
Page 3
12. Drainage and utility easements will need to be provided on all wetlands
and ponds.
13. Outlot A be combined with the adjacent parcel to the south.
14. A deed restriction shall be recorded limiting future subdivision of lot 3 to
4 additional lots under current zoning regulations.
s:Xplanning\scottXp98-2fcc.doc
RESOLUTION NO. 98 -
CITY OF ELK RIVER
A RESOLUTION GRANTING FINAL PLAT APPROVAL FOR:
BLACKBERRY HILLS
Case No. P 98-2
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.
Eo
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.
o
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:
s:XdocumentXresolutiXp98-2.doc
WHEREUPON the resolution is adopted.
Passed and adopted this __ day of
,1998.
Henry Duitsman, 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 ,1998.
WITNESS my hand officially as such Clerk and the corporate seal of the
City this ~ day of ,1998.
STATE OF MINNESOTA
SS.
COUNTY OF SHERBURNE
Sandra Peine, City Clerk
The foregoing instrument was acknowledged before me this __
, 1998, by Henry Duitsman, Mayor, City of
Minnesota.
Elk
day of
River,
Notary Public
s:\document\resolutikp98-2.doc
STATE OF MINNESOTA
SS.
COUNTY OF SHERBURNE
The foregoing instrument was acknowledged before me this __
., 1998, by Sandra Peine, City Clerk, City of
Minnesota.
Elk
day of
River,
Notary Public
THIS INSTRUMENT WAS DRAFTED BY:
DOHERTY RUMBLE & BUTLER
3500 Fifth Street Towers
150 South Fifth Street
Minneapolis, MN 55402-4235
s:XdocumentXresoluti\p98-2.doc
EXHIBIT A
k~qOW ALL ~fEN BY TI~SE PRESENTS: That Joseph F. Bar~ody and Gerald,s M. Bn~y. husband aud ~fe, aud Mark D. ~d ~d L~a K. ~d. husband and ~fe, fee ~, ~ ~e fo~o~ dec,bed
prope~y situated in the S~te of Mlnne~, CourtLy of Sherb~e. ~-~L:
EXHIBIT B
1. A DEVELOPERS AGREEMENT OUTLINING THE TERMS AND CONDITIONS OF THE PLAT
APPROVAL AND NECESSARY ROAD CONSTRUCTION BE PREPARED AND EXECUTED
PRIOR TO RELEASING THE PLAT FOR RECORDING.
2. ALL THE COMMENTS OF THE CITY ENGINEER BE ADDRESSED.
3. A LETTER OF CREDIT IN THE AMOUNT OF 100% OF THE COST OF PUBLIC IMPROVEMENTS
BE PROVIDED PRIOR TO RELEASING THE PLAT FOR RECORDING.
4. A SURETY BOND IN THE AMOUNT OF 25% BE PROVIDED TO THE CITY UPON COMPLETING
PUBLIC IMPROVEMENTS FOR A ONE YEAR PERIOD TO GUARANTEE QUALITY OF WORK.
5. SURFACE WATER MANAGEMENT FEE IN THE AMOUNT OF $275.32 BE PAID PRIOR TO
RELEASING THE PLAT FOR RECORDING.
6. PARK DEDICATION FEE IN THE AMOUNT OF $1300.00 BE PAID PRIOR TO RELEASING THE
PLAT FOR RECORDING.
7. A SEAL COATING FEE TO BE DETERMINED BY THE CITY ENGINEER PAID PRIOR TO
RELEASING THE PLAT FOR RECORDING.
8. STREETLIGHTS BE PROVIDED PER ELK RIVER UTILITIES RECOMMENDATION.
9. APPLICANT SHALL OBTAIN ALL NECESSARY PERMITS PRIOR TO ANY WETLAND
DISTURBANCE.
10. A GRADING, DRAINAGE AND EROSION CONTROL PLAN BE SUBMITTED AND APPROVED
BY THE CITY ENGINEER.
11. ALL GRADING WILL NEED TO BE CERTIFIED PRIOR TO THE ISSUANCE OF BUILDING PERMITS
12. DRAINAGE AND UTILITY EASEMENTS WILL NEED TO BE PROVIDED ON ALL WETLANDS AND
PONDS.
13. OUTLOT A BE COMBINED WITH THE ADJACENT PARCEL TO THE SOUTH.
14. A DEED RESTRICTION SHALL BE RECORDED LIMITING FUTURE SUBDIVISION OF LOT 3 TO 4
ADDITIONAL LOTS UNDER CURRENT ZONING REGULATIONS.
s:Xdocumentkresoluti\p98-2.doc
t]065 Orono P~k,,vav · P.O. Box Elk River..MN
LOCATION
MAP
CASE'
BLACKBERRY
HILLS
_?_l ...... jil ~___
I I
SCALEt INCH /NI00 FEET FEET
Fcr the purposes of this plot, the $~th
City Of Elk River
Sherbume County, MN
Block I
"-MATCH LINE
(See Sheet 2)
BLACKBERRY
,.--MATCH UNE (See Sheet/)-.,,
7
BlockI
1
HILLS
SCALE
Dre.loge ond Ut~ity £osem~ts ore sho~n
4
City Of Elk River
ShettXJrne Count~, MN
Outlot A-.
~y of
River
MEMORANDUM
Item# 6.7.
TO:
FROM:
DATE:
SUBJECT:
Mayor and City Council
Scott Harlicker, Planning Assistan~f~
August 17, 1998
Request by Dynamics Design and
Land Company for Preliminary
Plat Approval (Barsody Hills), Public
Hearing Case No. P 98-2
Request
Consider a request to amend a previously approved preliminary plat of 92
acres into 8 single family lots to 92 acres into 4 single family lots.
Location
North side of County Road 21 and 217tn Avenue alignment
Zoning/Land Use
A1 (Agricultural Conservation) ME (Mineral Extraction Overlay) / A
(Agricultural)
Attachments
· Location map
· Original preliminary plat
· Proposed amended preliminary plat
Overview
On July 20th the City Council approved a preliminary plat for Barsody Hills.
The plat included subdividing 92 acres into 8 single family lots. There is an
existing farmstead and a single family home on the property. On the original
plat the farm was included on a 30 acre parcel and the single family home
was on a 12 acre parcel. The remaining 6 lots ranged in size from 4 acres to
10 acres. Access to the lots was provided by a cul de sac with a proposed
right-of-way extending to the west boundary of the plat.
13065 Orono Parkway · P.O. Box 490 · Elk River, MN 55330 · TDD & Phone: (612) 441-7420 · Fax: (612) 441-7425
Memo to Mayor and City Council]P 98-2
August 17, 1998
Page 2
The proposed changes include reducing the number of lots from 8 to 4,
shortening the length of the cu de sac and there is no proposed extension of
the right-of-way. On the amended plat, the farmstead is on a 70 acre lot and
the single family home is on a 10 acre parcel. There are two lots available for
development. The opportunity exists for a replating of the largest lot should
the zoning code change to allow smaller lots. At that time the road would
likely be extended to the edge of the plat or possibly looped through the
property back to County Road 21.
Background
Physical characteristics
The site has been mined. Characteristics of the site include wetlands, some
flat areas that were part of the floor of the gravel mine, sloped areas that are
a result of the reclamation process and wooded areas that have not been
mined. The topography rises 60 feet from the west to the east; the west being
the area that has been mined and the east area not affected by the gravel
mining.
The property is within the Mineral Extraction Overlay District; a gravel
mining operation has been an ongoing process for many years. The mining on
the majority of the property is finished and is in the process of going through
the reclamation process. Some small scale gravel mining will continue in the
southwest corner of the plat on the 70 acre parcel. However, access to the
area that will be mined will be offof County Road 21 through the 70 acre lot.
Mining traffic will not go through the subdivision. Once the mining is
finished the area will go through the reclamation process.
Lot Size and Access
The lot sizes for the four lots are Lot 1 - 5.9 acres, Lot 2 - 3.2 acres, Lot 3 - 10
acres and Lot 4 - 70 acres. All of the lots will have frontage on the proposed
cul de sac with lots I through 3 having access from the cul de sac and lot 4
utilizing an existing driveway on County Road 21.
There is one 14,700 square foot outlot included with this plat. It is located on
the south side of lot 4. It will be made part of an adjacent lot, not included as
part of this plat, that is owned by the applicant.
The proposed cul de sac is about 900 feet long. The subdivision regulations
allow a maximum length of 700 feet. The longer cul de sac is needed to
provide adequate frontage for the 70 acre parcel and to allow for enough
\\elkriver\sys\shrdoc\planning\scott\p98-2acc.doc
Memo to Mayor and City Council/P 98-2
August 17, 1998
Page 3
frontage for a possible 5th lot at the end of the cul de sac. At the present time
3 lots will have driveways on the cul de sac.
Grading and Drainage
The City Engineer is reviewing the grading and drainage plan and will be
available to answer questions.
Planning Commission Meeting
At the Planning Commission meeting held on July 28th, no one spoke at the
public hearing. The Commission's discussion centered on what to do with a
narrow strip of land along the south side of the cul de sac. The Commission
was concerned that the adjacent property owner to the south would not be
able to access the street because of the narrow strip of land separating the
street from the adjacent property. The Commission requested the right-of-
way for the street be adjusted so the property owner to the south would be
able to access the proposed street.
Recommendation
The Planning Commission recommended the City Council approve this
preliminary plat request by Dynamics Design Inc. to subdivide 92 acres into
4 single family lots with the following conditions:
A developers agreement outlining the terms and conditions of the plat
approval and necessary road construction be prepared and executed prior
to releasing the plat for recording.
2. All the comments of the City Engineer be addressed.
3. A letter of credit in the amount of 100% of the cost of public improvements
be provided prior to releasing the plat for recording.
A surety bond in the amount of 25% be provided to the City upon
completing public improvements for a one year period to guarantee
quality of work.
5. Surface water management fee in the amount of $275.32 be paid prior to
releasing the plat for recording.
6. Park dedication fee in the amount of $1300.00 be paid prior to releasing
the plat for recording.
\\elkriver\sys\shrdoc\planning\scott\p98-2acc.doc
Memo to Mayor and City Council/P 98-2
August 17, 1998
Page 4
7. A seal coating fee to be determined by the City Engineer paid prior to
releasing the plat for recording.
8. Streetlights be provided per Elk River Utilities recommendation.
9. Applicant shall obtain all necessary permits prior to any wetland
disturbance.
10. Outlot A be combined with the adjacent parcel to the south.
11. Modification of the plat allow the adjacent property owner to the south
east access to the cul de sac.
\\elkriver\sys\shrdoc\planning\scott\p98-2acc.doc
Howard R, Green Company
CONSULTING ENGINEERS
June 15, 1998
File 803820J (0240)
Formerly MSA
Consulting Engineers
Mr. Scott Harlicker
Assistant City Planner
City of Elk River
13065 Orono Parkway
PO Box 490
Elk River, MN 55330-0490
RE: BARSODY HILLS PRELIMINARY PLAT
Dear Mr. Harlicker:
We have reviewed the drainage calculations for the Barsody Hills preliminary plat.
calculations were prepared by John Oliver and Associates. Generally, we find the
calculations to be acceptable. We do have a few comments regarding these
calculations. They are as follows:
The
· Erosion control measures at key areas are not shown on the grading plan. These
need to be placed on the grading plan before final approval of the grading plan is
provided.
· Some of the drainage and utility easements appear not to be shown on the plan.
Drainage and utility easements will be needed to cover all storm drainage basins
inlet and outlet structures.
· There is no rip-rap shown for the basin outlets. The final grading plan and/or street
construction plans should show detailed information regarding erosion control at the
inlets and outlets.
We have also calculated the seal-coating impact fee for this project. Considering the
length and width of the street, we estimate that the seal-coating fee for Barsody Hills
should be $3,000.00.
If you have any questions or comments regarding this, please call.
Sincerely,
Howard R. Green Company
T~er, P.E.
TJM/st
\\SPNVVFS\VOL1\DATA\PROJ\803820J\0240\820-1502.june.doc
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