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6.1. SR 03-15-2004Item # 6.1 MEMORANDUM TO: FROM: DATE: Mayor and Cify Council Scott Harlicker, Senior Planne~' March 15, 2004 SUBJECT: Case No. P 03-13 Revised Final Plat of Hillside Estates 10th Addition Attachments · Location Map · Original Final Plat of Hilkide Estates 10th Addition · Revised Final Plat of Hillside Estates 10~h Addition · Minutes from the October 20, 2003 City Council Meeting Overview On October 20, 2003 the City Council approved the final plat for Hillside Estates 10~h Addition. On that plat, Lots 7 and 8, Block 3 did not comply with the minimum lot depth requirement of 130 feet. In order to address that issue, the Council included a condition that lots 7 and 8 be combined. Since that time, the applicant has revised the plat so that both lots comply with the minimum lot depth requirement. Lot 8 is now 136 feet deep and Lot 7 has an average depth of 175 feet. In order to make these lots comply with the dimensional requirements, the applicant included Lot 1, Block 3 of Hillside Estates 9~h Addition as part of the 10~h Addition. Part of Lot 1, Block 3 Hillside Estates 9~h was incorporated into Lot 7, Block 3, Hillside Estates 10~h Addition so that it has an average lot depth of 175 feet. Lot 8, Block 3, Hillside Estates 10~h Addition will front on 196~h Avenue, therefore the lot depth is measured at 136 feet. Memo to Mayor and City Council March 15, 2004 Page 2 Recommendation Since both Lots 7 and Lot 8, Block 3 Hillside Estates l0th Addition now comply with the minimum dimensional requirements, staff recommends that the Council accept and approved the amended plat final plat for Hillside Estates l0th Addition with the same conditions as previously approved. S:\PLA_NNING\Case Files\2003\P 03-13 Hillside Estates 10th\Revised final platCC3-15.doc TWo PARK lxlYer Case Number:. Location Map P 03-13 PHOENIX ENTERPRISE N ttlL_k_SIDE ESTAT ADDIT ION VICINITY MAP / NO SCALE SEC. 2G & 27, TWP 88, · GHERBURNE COUNTY, MN. NORTH GRAPHIC SCALE ( IN FEET ) Scale :1 inch = 100 feet. FOR THE PURPOSES Of THIS PLAT THE NORIH LINE OF THE NE1/4 OF SECTION 27, TWP. 33, RNB. 26 iS ASSUMED TO BEAR NORTH 89°30'39' EAST .-;_- R= 1055. O0 S85'56'19"E AVENUE 6=6'07'I 1" 334. 1~ 7 I ( ( \ ~2 OUTLOT B 1 205. 90 N87°54'44"IF I I I I I I 205.51 9"27'08"E DRAINACE Sc UTILITY EASEMENTS ARE SHOWN THUS: _ 5-_'~' :1~ _.r % BEING 10 FEET IN WIDTH AND ADJOING RIGHT-OF-WAY LINES, UNLESS OTERWISE INDICATED, AND 5 FEET IN WIDTH AND ADJOINING LOTLINES, UNLESS OTHERWISE INDICATED, AS SHOWN ON THE PLAT. LEGEND (~} = DENOTES SHERBURNE COUNTY CAST )RO~I MONUMENT · = DENOTES IRON MONUMENT FOUND o = IRON MONUMENT SET AND MARKED WlTH LICENSE NO. 13293. · = IRON MONUMENT SET AND MARKED WITH LICENSE NO. 15293 ~dTHIN I YEAR OF RECORDING THIS PLAT. lVIETRO & E~IG~G IL_L_SID TAT'E I E; I VICINITY MAP : SW ~EE ~o sc~ze ~ S~U. ~6 ~ ~7, T~P 33, R~6 SHERBURNE COUNTY, MN. NORTH GRAPHIC SCALE T'EST' I ,ADDITION I I $85'56' ! 9 '£ .a. *,.; E t,i:, 334, ~ $ ( (2) x / I ( \ - ~ OUTLOT B 205. 90 N87'54'44'IF I 1 I I I 2 I I I OUT£OT B ).05.51 19'27'08"E., ......... 2 x o. oo / I !6'55"~; I I k i ..... HiLLEi[)E '~.a, TEE x ~ !7 / , % fiT",,' DRAINAGE & UTIZITY EASEMENTS ARE SHOffN THUS: BEING 10 FEETIN WIDTH AND AOJOING RIGHT-OF-WAY LINES, UNLESS OTERWlSE INDICATED, AND 5 FEET IN WIDTH AND ADJOINING LOT UNES, UNLESS OTHERWISE INDICATED, AS SHOWN ON THE PLAT. LEGEND 463.99 ./ / ~ 3 / 2. ~ / 4 ~ / ! I /111 I , II / ii II il ./'x J -' ,, ,. .\ / / -/ METRO & ENGINEERING SHEET 2 OF 2 SHEETS City Council Minutes Page 6 October 20, 2003 ........... ;-~iT;7;-ort submitted by Planner Chris Leeseberg. Mr. Leeseberg stated that,,/e' applic~i}t is requesting an administrative subdivision to split one lot into t~'(~ lots. He discussS~,,zoning and Park and Recreation Commission action " Mayor Kli~ing opened the public hearing. There being no one to SPeak to this issue, Mayor Klin~g closed the public hearing. Councilmembe~Dietz stated concerns with the building removal condition being similar to the Ti/~smith lawsuit. Attorney Peter Becl~tated the condition could be changed to state the applicant shall allow the city access toX~,emove the buildings or must reapply to convert the two lots back into one lot. \\ COUNCILMEMBER DIkZ MOVED TO APPROVE THE ADMINISTRATIVE SUBi~VISION wITH THE FOLLOWING CONDITIONS: ~ 1. ALL COMMENTS OF 52t~E CITY ENGINEER sHALL BE ADDRESSED. '~' 2. PARK DEDICATION FEES F'~ ONE LOT SHALL BE PAID PRIOR TO RELEASING THE SUBDIVI~!ON FOR RECORDING. 3. A SINGLE FAMILY RESIDENCE WITHIN ONE YEAR OF SPLIT BUILDINGS WILL BE REQUIRED TO APPLICANT SHALL ESCROW $1,500 WITH THIS CONDITION. THE CITY ACCESS TO REMOVE THE TO CQNVERT THE TWO LOTS BACK INTO 4. SU~ACE WATER MANAGEMENT FEES FOR PRIOR TO RELEASING THE SUI! p CoRDING. ./hE APPLICANTS SHALL PROVIDE THE REQUIRED DRAINAGE ~ AND UTILITY EASEMENTS. BE BUILT ON PARCEL B VAL OR THE ACCESSORY REMOVED. THE ¢URE COMPLIANCE SHALL ALLOW THE OR MUST REAPPLY LOT. LOT SHALL BE OR COUNCILMEMBER TVEITE SECONDED THE MOTION. THE MOTION CARRIED 5-O. Request by Phoenix Enterprises for Final Plat Approval (Hillside Estate l0th Addition), Case No. P 03-13 Staff report submitted by Senior Planner Scott Harlicker. Mr. Harlicker stated the applicant is requesting final plat approval for Hillside Estates l0th Addition. He discussed zoning, street and lot layout, and park dedication requirements. Mr. City Council Minutes Page 7 October 20, 2003 Harlicker stated that Lot 7 and 8 do not meet the zoning district requirements for lot depth. COUNCILMEMBER DIETZ MOVED TO ADOPT RESOLUTION 03-70 GRANTING FINAL PLAT APPROVAL FOR HILLSIDE ESTATES 10TM ADDITION, CASE NO. P 03-13 WITH THE FOLLOWING CONDITIONS: THAT A DEVELOPERS AGREEMENT BE PREPARED OUTLINING THE TERMS AND CONDITIONS OF THE PLAT APPROVAL AND INSTALLATION OF IMPROVEMENTS TO BE RECORDED WITH THE FINAL PLAT. 2. THAT ALL COMMENTS OF THE CITY ENGINEER BE ADDRESSED. 3. THAT STREET LIGHTS BE INSTALLED AS REQUIRED BY ELK RIVER UTILITIES. 4. THAT ALL THE MAIL BOXES IN THE CUL-DE-SACS BE CLUSTERED. o A LETTER OF CREDIT SHALL BE PROVIDED TO THE CITY IN THE AMOUNT OF 100% OF THE COSTS OF THE PUBLIC IMPROVEMENTS. THAT 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. o THAT A 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 WITH SHEKBURNE COUNTTY. THAT A SEALCOAT FEE BE PAID TO THE CITY PRIOR TO RELEASING THE PLAT FOR RECORDING WITH SHERBURNE COUNTY AS REQUIRED BY THE CITY ENGINEER. THAT PRIOR TO CLEARING TREES OR GRADING, THE DRIP LINE OF PROTECTED TREES AND THE LIMIT OF GRADING SHALL BE FENCED' WITH A SNOW FENCE TO PREVENT UNrNECESSARY GRADING, COMPACTION, OR STORAGE OF DEBRIS OR EQUIPMENT WITHIN THE DRIP LINE. 10. REVISED LANDSCAPE PLAN BE SUBMITTED WHICH PROVIDES A MINIMUM OF 3 TREES PER LOT OR GROUPED PER STAFF APPROVAL. City Council Minutes October 20, 2003 11. THAT THE APPLICANT COMPLIES WITH THE WETLAND CONSERVATION ACT AND THAT: Page · A TECHNICAL PANEL REVIEW OF ANY FILLING OR MITIGATION OF WETLANDS. THE DEVELOPER'S AGREEMENT FOR THE PROJECT INCLUDE LANGUAGE THAT PLACES THE RESPONSIBILITY OF THE SUCCESS OF THE WETLAND MITIGATION ON THE DEVELOPER. · THE DEVELOPER OBTAINS ALL THE APPLICABLE PERMITS PRIOR TO FILLING ANY WETLANDS. A RESTRICTIVE COVENANT AND DRAINAGE AND UTILITY EASEMENT BE RECORDED ON THE WETLAND MITIGATION AREAS WITH THE RECORDING OF THE FINAL PLAT. THAT A LETTER OF CREDIT BE PROVIDED TO THE CITY IN THE AMOUNT OF 100% OF THE COSTS OF PUBLIC IMPROVEMENTS INCLUDING THE COST OF THE MITIGATION WORK. THAT THE DEVELOPER SUBMIT A WRITTEN MONITORING REPORT ON THE REPLACEMENT WETLANDS ONE YEAR AFTER THIS MITIGATION WORK IS COMPLETED AND THAT THIS REPORT BE APPROVED BY CITY STAFF PRIOR TO RELEASING THE LETTER OF CREDIT. 12. THAT A RESTRICTIVE COVENANT AND DRAINAGE AND UTILITY EASEMENT BE RECORDED OVER THE 50 FOOT BUFFER AREA ADJACENT THE COMMERCIAL ZONING WITH THE RECORDING OF THE FINAL PLAT. 13. THE FOLLOWING CONDITION OF THE PARK AND RECREATION COMMISSION BE INCLUDED AS CONDITIONS OF PLAT APPROVAL: THAT SIDEWALKS BE INCORPORATED INTO THE PLAT TO CONNECT THE PARK AND TRAILS TO THE COMMERCIAL DISTRICT TO THE WEST. COUNCILMEMBER TVEITE SECONDED THE MOTION. Mayor Klinzing stated that she does not favor this plat as she does not like the extension of Dodge Street. She is concerned it will have similar issues as Auburn Street. City Council Minutes Page 9 October 20, 2003 Councilmember Kuester stated that she is concerned about Lots 7 and 8 not meeting the depth requirements. Ms. McPherson stated that the lots could be combined to meet the requirements. COUNCILMEMBER KUESTER .~'VlENDED THE MOTION TO INCLUDE A CONDITION THAT LOT 7 AND LOT 8 MUST BE COMBINED AS ONE LOT. COUNCILMEMBER MOTIN SECONDED THE AMENDMENT. THE AMENDMENT PASSED 5-0. THE MOTION AS AMENDED CARRIED 4-1. Mayor Klinzing opposed. Request by Justin Pogones and J&J Auto Specialties for a Conditional Use ~ermit for Outdoor Storage and Auto Rep-air, Public Hearing-Case No. CU 03-28 /> ;enior Planner Scott Harticker submitted the staff report. Mr. HarliCker stated that the >licant is requesting a conditional use permit for an auto repair' business and outdoor .ge. He discussed location, parking and access, landscapingl the outdoor storage g, and Planning Commission action. Mayor opened the public hearing. Justin Po USE PERMIT FO FACILITY WITH 1. ALL ADDRESSED. es, Applicant-Stated he was availahF to answer any questions. the public hearing. / MOTIN MOVED TO APPROVE THE CONDITIONAL OUTDOOR STORAGE AND AUTO REPAIR FOLLOW/I~NG CONDITIONS: .~' S OF THE CITY ENGINEER SHALL BE 2.A LANDSCAPE 1o WITH WILL BE REQ~RED AREA AND ~E 3. THE SITE ,PLAN SHALL SPACES/~RE SHOWN. 4.THE ,OUTDOOR STORAGE SITE' PLAN. 5. ~ 8 FOOT HIGH STOCKADE .OUTDOOR STORAGE. i/?' THE DRIVEWAY ALONG THE SOUTH COMPLY WITH THE 10 FOOT SETBACK SHALL BE PROVIDED THAT COMPLIES ORDINANCE; ADDITIONAL PLANTINGS SCREEN THE OUTDOOR STORAGE TRAILERS. SO THAT 29 PARKING SHALL BE SHOWN ON THE SHALL ENCLOSE THE PERTY LINE SHALL QUIREMENT.