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6.5. SR 07-15-2002City MEMORANDUM Item~ 6.5. TO: FROM: Mayor and City C~ Michele McPhers6d~Director of Planning DATE: July 15, 2002 SUBJECT: Case No. P 02-02 Request by GSS Properties, LLC for Final Plat, Kliever Lake Fields East Request The City Council is asked to approve the final plat of Kliever Lake Fields East comprised of 44 townhome lots. Attachments · Location map · July 3, 2002 memo from the City Engineer. · Resolution No. 02-__ Granting Final Plat Approval · Site Plan · Preliminary Plat · Final Plat Location Southwest corner of the intersection of County Road 12 (181~ Avenue) and Fillmore Street Zoning/Land Use R3, Townhome District/MR, Medium Density Residential Overview The plat of Klever Lake Fields was approved in 2001. The plat of Klever Lake Fields was comprised of 99 single-family lots, an 8-acre park, and a 23-acre outlot. Memo to the Mayor and City Council! P 02-02 July I $, 2002 Page 2 Plat Layout The preliminary plat was comprised of 116 townhomes units that are arranged in four-unit buildings. The buildings are arranged along two public streets which connect and have no dead-ends. The final plat is for 44 townhome units on a long dead-end. The City Engineer's memo indicates that the street system needs to be extended to connect County Road 12 and Fillmore to provide two means of access. Sidewalks are provided on one side of the public street as required by the ordinance. Grading and Drainage The City Engineer addresses these issues in his memo. Landscape Plan A landscape plan for the proposal was submitted that meets the ordinance requirements. Park Dedication Park dedication requirements were satisfied with the plat of Kliever Lake Fields. Recommendation Staff recommends that the City Council approve the final plat of Kliever Lake Fields East with the following conditions: 1. THE PLAT SHALL BE REVISED TO INCLUDE RIGHT OF WAY TO EXTEND 179TM STREET TO FILLMORE AND TO CONNECT THE TOWNHOME STREET TO 179TM STREET. BOTH STREETS SHALL BE CONSTRUCTED IN THIS PHASE OF THE DEVELOPMENT. 2. ALL COMMENTS OF THE CITY ENGINEER SHALL BE ADDRESSED. 3. THE DEVELOPER SHALL ENTER INTO A DEVELOPER'S AGREEMENT OUTLINING THE TERMS AND CONDITIONS OF THE DEVELOPMENT. 4. THAT THE MAILBOXES SHALL BE CLUSTERED. 5. A SEALCOAT FEE IN THE AMOUNT DETERMINED BY THE CITY BE PAID PRIOR TO RELEASING THE PLAT FOR RECORDING. S:\PLANNING\Case Files\P 02-02 Kliever Lake Fields East\7-15CC Memo.doc Memo to the Mayor and City Council/P 02-02 July I $, 2002 Page 3 6. AN ENGINEERING ESCROW IN THE AMOUNT DETERMINED BY THE CITY BE PAID PRIOR TO RELEASING THE PLAT FOR RECORDING. STORM WATER MANAGEMENT FEES IN THE AMOUNT DETERMINED BY THE CITY BE PAID PRIOR TO RELEASING THE PLAT FOR RECORDING. o WATER ACCESSIBILITY FEES IN THE AMOUNT DETERMINED BY THE CITY BE PAID PRIOR TO RELEASING THE PLAT FOR RECORDING. 9. THE DEVELOPER SHALL PROVIDE AT LETTER OF CREDIT FOR 100% OF THE COST OF THE IMPROVEMENTS. 10. A WARRANTY BOND SHALL BE PROVIDED AFTER THE IMPROVEMENTS ARE ACCEPTED BY THE CITY AND SHALL BE HELD FOR ONE YEAR. 11. A HOMEOWNERS ASSOCIATION SHALL BE ESTABLISHED FOR THE MAINTENANCE OF THE COMMON AREAS INCLUDING THE EMERGENCY ACCESS TO TWIN LAKES ROAD. A COPY OF THE DOCUMENTS AND BUDGET SHALL BE PROVIDED TO STAFF. 12. THE BUILDING MATERIAL PROPORTIONS SHALL COMPLY WITH THE STANDARDS ESTABLISHED IN THE R3 DISTRICT. S:\PLANNING\Case Files\P 02-02 Kliever Lake Fields East\7-15CC Memo.doc OU TLOT L N OUTLOT O 0'b OUTLOT L 181ST AVENUE .SIDE ,I IVANHOE AVENUE PARK Case Number: Location Map P 02-02 KLIEVER LAKE FIELDS EAST N ] Howard R, July 3, 2002 File: 811185J-0240 Green Company Ms. Michele McPherson Director of Planning City of Elk River 13065 Orono Parkway Elk River, MN 55330-5600 RE: KLIEVER LAKE FIELDS EAST FINAL PLAT Dear Ms. McPherson: As requested, we have reviewed the final plat of Kliever Lake Fields East. Based on our review, we would offer the following comments: As you are aware, the preliminary plat for Kliever Lake Fields East contained 116 multi- family home sites. The final plat for the first phase of Kliever Lake Fields East only includes the 44 most westerly multiple units. One of the comments we made on the preliminary plat was that it would be necessary to get road access to Fillmore Street to Provide two ways of ingress and egress. The same comment holds true for the first phase of Kliever Lake Fields East. Currently, they are showing 44 multi-family units on a long dead end road. It will be necessary with this first phase to get the road over to Fillmore Street to provide two ways of ingress and egress. Limited access should be shown all along the north plat boundary where it abuts CSAH 12. Between each four-plex building, there should be a minimum of 10 feet of common lot which contains an overall drainage and utility easement or separate drainage and utility easements on the building sites to provide for utility routings. The easterly plat line of the first phase of Kliever Lake Fields East goes through the middle of the storm drainage pond. Obviously, when constructing the pond, half a pond cannot be built. We suggest that the easterly plat line be adjusted to include the entire pond area in the first phase. Assuming the developer can make the necessary modifications to deal with the conditions raised above, we would recommend approval of the final plat of Kliever Lake Fields East. If you have any questions about any of the issues raised, please call. Sincerely, Howard R. Green Company Terry J. Maurer, P.E. TJM:mw Ltr~070302-McPhersonLtr-070302-McPherson 1326 Energy Park Drive · St. Paul, MN 55108 · 651/644-4389 fax 651/644-9446 toll free 888/368-4389 RESOLUTION NO. 02 - CITY OF ELK RIVER A RESOLUTION GRANTING FINAL PLAT APPROVAL FOR: Kliever Lake Fields East Case No. P 02-02 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 May 20, 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. 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 o o 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. 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. 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 Tveite and duly seconded by Council Member The following voted in favor of the Resolution. Dietz Mayor Klinzing, Councilmembers Motin, Tveite, Kuester, and Dietz The following voted against the Resolution: None The following were absent: None S:\PLANNING\Case Files\P 02-02 Kliever Lake Fields East\Final Plat Resolution.doc Page 2 WHEREUPON the resolution is adopted. Passed and adopted this 15th day of July ,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 ,2002. WITNESS my hand officially as such Clerk and the corporate seal of the City this ~ day of ., 2002. Sandra Peine, City Clerk STATE OF MINNESOTA SS. COUNTY OF SHERBURNE The foregoing instrument was acknowledged before me this , 2002, by Stephanie Klinzing, Mayor, City of Minnesota. Elk day of River, Notary Public S:\PLANNING\Case Files\P 02-02 Kliever Lake Fields East\Final Plat Resolution.doc 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 S:~PLANNING\Case Files\P 02-02 Kliever Lake Fields East\Final Plat Resolution.doc Page 4 EXHIBIT A Legal Description: S:~PLANNING\Case Files\P 02-02 Kliever Lake Fields East\Final Plat Resolution.doc Page 5 Conditions: EXHIBIT B 1. THE PLAT SHALL BE REVISED TO INCLUDE RIGHT OF WAY TO EXTEND 179TM STREET TO FILLMORE AND TO CONNECT THE TOWNHOME STREET TO 179TM STREET. BOTH STREETS SHALL BE CONSTRUCTED IN THIS PHASE OF THE DEVELOPMENT. 2. ALL COMMENTS OF THE CITY ENGINEER SHALL BE ADDRESSED. 3. THE DEVELOPER SHALL ENTER INTO A DEVELOPER'S AGREEMENT OUTLINING THE TERMS AND CONDITIONS OF THE DEVELOPMENT. 4. THAT THE MAILBOXES SHALL BE CLUSTERED. 5. A SEALCOAT FEE IN THE AMOUNT DETERMINED BY THE CITY BE PAID PRIOR TO RELEASING THE PLAT FOR RECORDING. 6. AN ENGINEERING ESCROW IN THE AMOUNT DETERMINED BY THE CITY BE PAID PRIOR TO RELEASING THE PLAT FOR RECORDING. 7. STORM WATER MANAGEMENT FEES IN THE AMOUNT DETERMINED BY THE CITY BE PAID PRIOR TO RELEASING THE PLAT FOR RECORDING. 8. WATER ACCESSIBILITY FEES IN THE AMOUNT DETERMINED BY THE CITY BE PAID PRIOR TO RELEASING THE PLAT FOR RECORDING. 9. THE DEVELOPER SHALL PROVIDE AT LETTER OF CREDIT FOR 100% OF THE COST OF THE IMPROVEMENTS. 10. A WARRANTY BOND SHALL BE PROVIDED AFTER THE IMPROVEMENTS ARE ACCEPTED BY THE CITY AND SHALL BE HELD FOR ONE YEAR. 11. A HOMEOWNERS ASSOCIATION SHALL BE ESTABLISHED FOR THE MAINTENANCE OF THE COMMON AREAS INCLUDING THE EMERGENCY ACCESS TO TWIN LAKES ROAD. A COPY OF THE DOCUMENTS AND BUDGET SHALL BE PROVIDED TO STAFF. 12. THE BUILDING MATERIAL PROPORTIONS SHALL COMPLY WITH THE STANDARDS ESTABLISHED IN THE R3 DISTRICT. S:~PLANNING\Case Files\P 02-02 Kliever Lake Fields East\Final Plat Resolution.doc Page 6 C~AH 12 I 1815T A~.I~:NUIr NW 180TH AVE. NW I~OTH ST. NW 180TH COURT NW 17gTH ST, NW KLIEVER LAKE FIELDS EAS? - ELK RIVER C0&;~, ,';. ,',. STREET 1.31.13 S8~"3~ 2,1.'£ 9, T' 0 T ~' 3 --NII9'~°24 'W : 17 18 20 / \ 2 33 / \ / \ / % I \ \ \ \ \ \ \ \ ,.A I GSS PROPERTIES, LLC ~,~7 ?EALAI40 A~"NUI~ NI0~I ~ 25 TOTAL AREA 23.11 AC. LOT AREA 20.22 AC. R.O.W. AREA 2.89 AC. NUMBER ~ LOTS -116 GROSS DENSITY ,5.02 LOTS/AC. NET 0ENSITY 5.74 LOTS/AC. (DOES NOT INCLUDE USEABLE OPEN SPACE) OPEN SPACE AREA (MIN. $:[) 1.,55 AC. EXISTING ZO~",~IN G R-1E PROPOSED ZONING R-1E UTILITIES. AVAILABLE ,If, 1Ir )1.~ L ~ -,oNa-. .... r;..-;,. J ........ ' ...... , LEGAL DESCPJPTZON ~[~ "~ PRELIMINARY PLAT JPRO,J[CT GRAPHIC SCALE PROPOSED LOT A~EA . ia -- t. PREUMINARY PLAT 2. PREUMINARY GRA01NG PLAN ~ ,3. PRELIMINARY SITE &: UTII..JTY PLAN 4. PRELIMINARY DETAIL PLAN §, PRELIMINARY LANDSCAPE PLAN I I KLIEVER LAKE FIELDS EAST KLIEVER LAKE FIELDS EAST CITY OF ELK RIVER SHERBURNE COUNTY KNOW ALL PERSONS BY T~ESE PRESENTS: That GSS Properties, LLC, o Minnesota Limited Liability Company, owner, proprietor and assignor of leases and rents, and First Notional Bank of Elk River, a National Banking Association, mortgagee and assignee of leases and rents, of the following described property situated in the State of Minnesota, County of Sherburne, to wit: That port of Outlet A, KLIEVER LAKE FIELDS, according to the recorded pJat thereof, Sherburne County, Minnesota, lying northerly, northwesterly. northeasterly and easterly of the following described line: Commencing at the northeast corner of said Outlet A; thence South 02 degrees 06 minutes 45 seconds West, assumed bearing, along the east line of said Outlet A, 673.65 feet to the point ot beginning of the line to be described: thence North 88 degrees 14 minutes, .52 seconds West, 56,71 feet: thence westerly 340,60 feet along a tangential curve concave to the southeast having a radius of 380,00 feet and a central angle of 51 degrees 21 minutes 21 seconds; thence South 40 degrees 2,3 minutes 47 seconds West, tangent; to lost described curve, 119.19 feet; thence North 49 degrees 56 minutes 13 seconds West, 29.40 feet, thence Northwesterly 98.32 feet aJong o tangential curve concave to the northeast having a radius of 225.00 feet and a central angle of 25 degrees 02 minutes 09 seconds to a point at reverse curvature; thence northwesterly 8.82 feet along a tangential curve concave to the southwest having a radius of ,300.00 feet and a central ang{e of 01 degrees 4-1 minutes 0,3 seconds; thence South 48 degrees 36 minutes i5 seconds West, not tangent to last described curve, 121.4-9 feet; thence South 59 degrees S6 minutes 29 seconds West, 54.68 feet: thence North 89 degrees .38 minutes 56 seconds West, 305.39 feet; thence North 70 degrees 46 minutes 47 seconds West, 177.87 feet; thence North 52 degrees 56 minutes 56 seconds West, 50.00 feet; thence North 00 degrees 27 minutes 44 seconds West, 129,06 feet to the southeast corner of Lot 5, Block 5 KLIEVER LAKE FIELDS, and said line there terminating. Hove caused the some to be surveyed and plotted os KLIEVER LAKE FIELDS EAST and do hereby donate and dedicate to the County of Sherburne in fee title for public use forever County State Aid Highway No. 12 as shown on the plot. Also dedicating to the City of Elk River for public use forever the streets, lone, court, avenue and circles and also dedicating to the public for public use forever the easements as shown on the plot for drainage and utility purposes only. Also dedicating to the County of Sherburne the right to limit access to County State Aid Highway No. 12 as shown on this plot. In witness whereof said GSS Properties, LLC, has caused these presents to be signed by its proper officer this __ day of 200 GSS PROPERTIES, LLC. Wayne Fleck. Chief Manager Also in witness whereof said First Nationol Bank of Elk River, has caused these presents to be signed by Its proper officer this __ , 200 FIRST NATIONAL BANK OF ELK RIVER day of STATE OF MINNESOTA COUNTY OF The foregoing instrument was acknowledged before me this o Minnesota Limited Liability Company, on behalf of sold company. day of Glenn Hardin, Vice President 200 , by Wayne Fleck, Chief Manager of (;SS Properties, I hereby certify that I hove surveyed and platted the property described on this plat as KLIEVER LAKE FIELDS EAST, that this plat is a correct representation of the survey, that all distances are correctly shown on the plat in feet and hundredths of o foot, that oil monuments hove been or will be placed in the ground os shown within I year after recording, or sooner, as required by the approving local governmental unit, that the outside boundary lines ore correctly designated on the plot and that there are no wet lands or public highways to be designated on the plot, other than as shown, as defined in Minnesota Statutes 505.02 Subd. 1. STATE OF MINNESOTA COUNTY OF The foregoing Surveyor's Certificate was acknowledged before me this I Surveyor, Minnesota License No, 20595, Torrance E. Rothenbacher, Land Surveyor Minnesota License Number 20595 day of 200 , by Torrance E. Rothenbacher. Land Notary Public, __ County, Minnesota My Commission Expires Approved and accepted by the City Council of the City of Elk River, Sherbume County, Minnesota at o meeting held this __ day of Mayor Attest: 2O0 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 this __ day of 2013 Elk River City Attorney Pursuant to Sherburne County Ordinance No. OO§, I hereby Certify that this plot has been checked and approved as to compliance with Chapter 505, Minnesota Statutes this __ day of 200 Recommended for approval this I doy of 200 Sherbume County Surveyor Sherbume County Engineer Notary Public, County, Minnesota My Commission Expires STATE OF MINNESOTA COUNTY OF The foregoing instrument was acknowledged before me thio __ day of Bank of Elk River, a Notional Banking Association, on behalf al~ said association. 200 , by Glenn Hardin, Vice President of First Nattonal Notary Public, __ County, Minnesota My Commission Expires I hereby certify taxes payable in the year __ this I day of 200 on land herein described are paid In full, and there ore no delinquent taxes, and that transfer was entered Sherburne County Auditor/Treasurer I hereby certify that this instrument was filed in the Office of the County Recorder for record on this __ day of __ o'clock __ .M, and was duly recorded os document No, 200 , at Sherburne County Recorder * PlONk=ER *~ en~n~-~ing KLIE VER LAKE FIELDS EAST CITY OF ELK RIVER SHERBURNE COUNTY I( L. S89°58'24"E DRAINAGE & UTILITY EASDJENT OVER ALL OF LOT 25 0 U T A A/C_- Al la,' 104 72 GRAPHIC SCALE ( LN F]~t ) I inch = 60 ft. * ~ engineering 151.13 N89°58'24"W ,_fl DRAINAGE AND UTILITY EASEMENTS ARE SHOWN THUS: (NOT TO SCALE) ot woy I[rle~ unless otherwise shown on 8133 ~0 N89o38'24"W 1380.33 N84 "~4'5-6 "W ¥' T ;_ C T ,:305.39 N89038'56"W NatUral COS Fine Easement per Doc. NO. 90786 768.44 0 UTLOT A _ ~;~oo.°° ~-- ~- I ~,J ] / '~d" r- ', ~- I I A FOR mE PURPO~ OF THiS PLAT / /J~ / j ~~~"" //~j BASED ON ~E EAST LNE OF OUEOT A KLIE~R /~ // ~ / ~ I ~H~:~/~~1 L~ F~E:DS ~,~ ,S ~SSU~ED TO ~ * ea~,~ /? ~ : ~. set .nd mo~ed with Ii ........ bet 20595 L ~n~_, ~ ~ ~ ~ marked wlJh license number 20595 to be