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6.4. & 6.5. SR 05-15-2000Item# 6.6. & 6.5. "ity of iver MEMORANDUM TO: FROM: DATE: SUBJECT: Mayor and City Council Scott Harlicker, Senior Plan~ May 15, 2000 Request by D.R. Horton for Final Plat Approval, Trott Brook Farms Fifth and Sixth Additions Request Consider a request from D.R. Horton for final plat of Trott Brook Farms Fifth and Sixth Additions. Location North of County Road 12 and East of Trott Brook Parkway Zon~g/Land Use PUD (Planned Unit Development) / MR (Medium Density Residential) Attachments Location map · Final plats · Memo from City Engineer · Resolution No. 00- Overview D.R. Horton is requesting final plat approval for the Fifth and Sixth Additions to Trott Brook Farms. Trott Brook Farms received a rezoning to PUD, preliminary plat approval and approval of the conditional use permit for the PUD from the City Council on August 17, 1998. On June 21, 1999 the Council approved the final plats for the first four additions to Trott Brook Farms. Those additions included 136 townhouses in the southwest corner of the development and 85 13065 Orono Parkway · P.O. Box 490 · Elk River, MN 55330 · TDD & Phone: (612) 441-7420 · Fax: (612) 441-7425 Mayor and City Council/Trott Brook Farms May 15, 2000 Page 2 single family lots. To date 40 townhouse permits have been issued and 13 single family permits have been issued. The portion of the project, which is to be final platted at this time, includes 77 townhouses in the southeast corner of the development and 58 single family lots north of and adjacent to the park. Overall the final plats are consistent with the preliminary plat approved by the Council. An overview of each addition is included as part of this memo. The City Engineer will be addressing grading, drainage and utilities for both additions in his memo. Trott Brook Farms 5th Addition The Fifth Addition includes 77 townhouses in the southeast corner of the site. There are no public streets platted as part of this addition. The streets serving the townhouses are all private. The layout of the townhouses is mostly consistent with what was approved. The preliminary approval included 85 townhouses; the final plat has 77, a reduction of 8 units. The arrangement of the units is more linear in the center area than what was previously approved. Trott Brook Farms 6th Addition The 6th Addition includes 58 single family lots, the platting of 184th Avenue, 184th Ct., Smith Ct., Polk Circle and a portion of Trott Brook Parkway. This addition is located north of the park and west of Trott Brook Parkway. The final plat for the 6th addition is consistent with the preliminary plat. Recommendation It is recommended the City Council approve the attached resolutions granting final plat approval for Trott Brook Farms 5th Addition and Trott Brook Farms 6th Addition with the following conditions: 1. ALL COMMENTS RAISED BY THE DEPARTMENT OF NATURAL RESOURCES BE INCORPORATED INTO THE PLAT. e EACH SINGLE FAMILY LOT SHALL RECEIVE 1 STREET TREE AND 1 FRONT YARD TREE; CORNER LOTS SHALL RECEIVE 1 STREET TREE AND 1 FRONT YARD TREE PER STREET FRONTAGE. 3. FRONT SETBACK OF 25 FEET FROM THE PROPERTY LINES ON ALL STREETS EXCEPT STREETS A, F, J, O, R AND S. SIDE YARD SETBACKS SHALL BE 10 FEET, 5 FEET ON THE GARAGE SIDE 4. ALL COMMENTS OF THE CITY ENGINEER SHALL BE INCORPORATED INTO THE PLANS. 5. PRIOR TO THE ISSUANCE OF ANY BUILDING PERMITS A DEVELOPMENT PLAN BE SUBMITTED OUTLINING STYLE OF HOUSE AND FINISHED GRADES ON EACH LOT. S:\PLANNING\SCOTT\TBF56FIN.DOC Mayor and City Council/Trott Brook Farms May 15, 2000 Page 3 6. ALL STREETS BE BUILT TO CITY STANDARDS WITH THE EXCEPTION OF STREET A WHICH WILL BE LARGER. 7. A DEVELOPERS AGREEMENT SHALL BE SIGNED AND RECORDED PRIOR TO RECORDING THE PLAT. 8. SURFACE WATER MANAGEMENT FEES BE PAID PRIOR TO RELEASING THE PLAT FOR RECORDING. ?. HOMEOWNERS ASSOCIATION DOCUMENTS SHALL BE REVIEWED BY THE CITY PRIOR TO RELEASING THE PLAT FOR RECORDING. 10. STREET LIGHTS SHALL BE INSTALLED PER ELK RIVER UTILITIES RECOMMENDATIONS. 11. A LET[ER OF CREDIT BE PROVIDED TO THE CITY IN THE AMOUNT OF 100% OF THE COSTS OF PUBLIC IMPROVEMENTS. 12. 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 SUBMII'rED TO THE CITY FOR A ONE YEAR PERIOD. 13. WATER AVAILABILITY CHARGE BE PAID PRIOR TO RELEASING THE PLAT FOR RECORDING. 14. ALL NECESSARY TRUNK SANITARY SEWER AND WATER ASSESSMENTS, AND LATERAL WATER ASSESSMENTS BE PAID PRIOR TO RELEASING THE PLAT FOR RECORDING. 15. ALL NECESSARY PERMITS SHALL BE RECEIVED PRIOR TO COMMENCING WORK WITHIN ANY EASEMENTS. 16. ALL COMMENTS FROM PHIL HALS, THE STREET/PARK SUPERINTENDENT, IN HIS MEMO SHALL BE INCORPORATED INTO THE PLANS. 17. ALL MAILBOXES SHALL BE CLUSTERED. 18. LANDSCAPE EASEMENTS SHALL BE INCLUDED AROUND ALL DEVELOPMENT AND NEIGHBORHOOD SIGNS. 19. THE DEVELOPER INSTALL THE TRAIL PROPOSED TO BE LOCATED WITHIN THE STH ADDITION. S:\PLANNING\SCOTT\TBF56FIN.DOC \\ /' 'X PONO PREVIOUSLY PLATTED 8A'OOK GOPHER STATE ONE CALL 5.0' U~ING AREA I ~s' j I s~m^c~ TYPICAL $/F LOT LESS 'THAH 80 FT. .... :DOE Bt. DC SETBACK TO ~INIMUId FRONT ~LDG. SETaACX (V~ES) TYPICAL S/F LOT ] 80' OR OV~R 9110 8~rd Avenue We~b,vood Profese~a~ ~ ~ 1G4 M~'ty Drive, ~® 3 B~fa~o, ~ 553t3 Total Site Area: 365.4 Acre~ Co~Z~b/Ro~d R-O-¥~ ~1.4 Acrel Dev~opeb~e Are~ 252-0 Acres Tov~'~rne~ 280 Unita Develof:x~e~ ~ 2.5 Un~lActe Average To~ho~e, Lot Are~- 8.297 SF. ~AL MUL'TIPt-E UNIT LOT~ 6 o' zcc' 4C0' 600' Trott Brook Farms Ri~er. Miztn esota TROTT BROOK FARMS FIFTH ADDITION NO. ~,2 I C~AVTY ITATII AID MAY NO. 1~ WESTWOOD ' / S'rATE ONE: CALL g05,2. NWL--gOLO NWL=902.4 x 898.8 90Z$ D.R. Horton, INC. LEGEND Trott Brook Farms Fifth Addition J [ ~'/m/~ J Grading, Drainage & J J SH~[T J Erosion Control-Plan J ~ TROTT BROOK FARMS SIXTH ADDITION GRAPH/C 8CA1,~ ¢_-_:._', ~ INSET A WESTWOOD GRAPHIC SCAL~ TROTT BROOK FARMS SIXTH ADD/T/ON 4 ~ PARKWAy INSET B 3 WESTWOOD Coil 48 Hours before digging: ~2000 Westwood Professional Services, Inc. ~ GOPHER STALE ONE CALL Twin City Area 651-454-0002 Mn. Toll Free 1-800-252-1166 Vicinity Map (Not to Scale) J%%v Westwood J~,,~,~~ j l~x~ared for. D.I~ Horton, Inc~ 3459 Wash~gton Drive, Suite 204 LEGEND: ITrott Brook Farms Sixth Addition DENOTESSOIL BORING DENOTESSILT FENCE DENOTESHEAVY DUTY SILT FENCE DENOTESEXISTING CONTOURS DENOTESPROPOSED CONTOURS DENOTESEXISTING STORM SEWER DENOTESPROPOSED STORM SEWER DENOTESEXISTING TREE UNE DENOTESAPPROXiMA1E TREE REMOVALUMITS DENOTESEXISTING SPOT ELEVATION DENOIESPROPOSED SPOT EIIrVA'flON DENOTESBALE CHECKS AROUND CATCH BASINS DENOIES EMERGENCY OVERFLOW ELEVATION O' 100' 20<3' 3O0' 9(J4O3 9405CDF1 ~.~ 4/12/00 sa~ 1 o~ 6 Grading, Drainage & Erosion Control Plan Howard R, Green Qompany QQNSULTING ENGINEERS May 11, 2000 File: 810630J-0240 Mr. Scoff Hadicker Senior Planner City of Elk River 13065 Orono Parkway P.O. Box 490 Elk River, MN 55330-1900 RE: TROTT BROOK FARMS 5Th ADDITION FINAL PLAT AND GRADING PLAN Dear Mr. Hadicker: As requested, we have reviewed the final plat and grading plan for Trott Brook Farms 5th Addition. As you are aware, this is the plat of the multi-family area in the southeast portion of the Trott Brook Farms preliminary plat. The area consists of 77 units made up of a series of 3-and 4-plex buildings. Based upon our review, we would offer the following comments: With the multi-family type of development in Trott Brooks Farms 5th Addition, the sanitary sewer and water facilities will be public while the street and storm drainage facilities will be private. All of the common lot area has been designated drainage and utility easement, thus covering the necessary easements for the maintenance and operation of the public facilities. Several of the individual lots contain additional drainage and utility easements that appear to be for storm sewer. The storm sewer in this area will be considered a private facility. These drainage and utility easements, if granted on the plat, would be to the public or, in other words, to the City of Elk River. We believe it needs to be clarified whether these drainage and utility easements should be provided on the plat or should be separate documents providing the easements to the association which will maintain the storm sewer facilities. The grading and utility plan shows a series of wetlands used as ponds together with water quality ponds. The high water level for the 100-year storm raises questions about the areas that will be flooded and whether all units will be a minimum of one foot above the high water level. At this point, we have not seen specific storm drainage calculations for the 5th Addition. Therefore, we will save final comment on these issues until we have reviewed the drainage calculations. O:\PROJ\810630j\0240\Itr 5-10-11 Hadicker.doc 1326 Energy Park Drive · St. Paul, MN 55108 · 651/644-4389 fax 651/644-9446 toll free 888/368-4389 Mr. Scott Hadicker May 11, 2000 Page Two The grading plan also shows two retaining walls, one behind Lots 74 through 77 which appears to touch on the building footprint and also limits the amount of rear yards behind these buildings. This area should be reviewed. The second one is in the southeast corner of the plat and actually is shown within the CSAH 12 fight-of- way. This may be a wall that was proposed to be constructed with the CSAH 12 project. This needs to be made clear. If this is a wall proposed by the Developers, it certainly should not be built within the right-of-way. Since the CSAH 12 project has not been undertaken at this point, perhaps the grading plan should reflect a solution in this area that does not require or that minimizes the retaining wall. This entire plat of Trott Brook Farms is anticipated to be ultimately served by the high pressure water system; therefore, every unit within this 5th Addition should have a pressure reducing valve installed on its water service. If you have any questions regarding these comments, please call. Sincerely, Howard R. Green Company Terry J. Maurer, P.E. tJM:tw O:\PROJ',810630j\0240\ltr 5-10-11 Hadicker.doc Howard R, Green Company CONSULTING ENGINEERS Howard R, Green Company CONSULTING ENGINEERS May 11, 2000 File: 810630J-0240 Mr. Scott Hadicker Senior Planner City of Elk River 13065 Orono Parkway P.O. Box 490 Elk River, MN 55330-1900 RE: TROTT BROOK FARMS 6TH ADDITION FINAL PLAT AND GRADING PLAN Dear Mr. Hadicker: As requested, we have reviewed the final plat and grading plan for the Trott Brook Farms 6th Addition. Based on our review, we would offer the following comments: 1. Several places on the grading plan, the proposed contours show run-offfrom one lot crossing the adjacent lot. This is certainly an acceptable drainage pattern but drainage and utility easements need to be provided on the final plat to accommodate this type of drainage. There is a drainage and utility easement that appears to be intended to encompass a wetland on Lot 9, Block 1. This drainage and utility easement appears to reach into the house pad, which seems to be a much larger area than the wetland covers on the grading plan. We suggest that this be reviewed carefully to ensure that the drainage and utility easement on the plat is not larger than it needs to be, restricting the house pad area on Lot 9. 2. All of this area will be served by high-pressure water main, which may not be available until the spring of 2001 because of modifications needed to be made by the Elk River Municipal Utilities. Issuance of occupancy permits should be contingent upon the Elk River Municipal Utilities accomplishing their modifications needed to provide high-pressure water service to this plat. In addition, all building permits in this plat should require a pressure-reducing valve be installed on the water service. 3. The estimated fee for seal coating impact for this plat should be $4,500. 4. On Lots 1 and 2, Block 1, there are flow arrows on the rear lots that indicate drainage goes to the west when, in fact, the contours would indicate that drainage will actually flow to the east. These flow arrows should be changed. 5. Final constructions plans for utilities have not been submitted. Depending on the extension of sanitary sewer and water at the perimeter of the 6th Addition, additional easements may be needed for manholes and/or fire hydrants. O:\PROJ\810630j\0240~tr 5-11-00 Hadicker.doc 1326 Energy Park Drive · St. Paul, MN 55108 · 651/644-4389 fax 651/644-9446 toll free 888/368-4389 Mr. Scott Hadicker May 11, 2000 Page Two The extension of Olson Street terminates just prior to the proposed location of future storm sewer. We question what will happen with drainage in this area. How will run-off from the street be prohibited from draining directly into the wetland just to the north of the termination of Olson Street? If you have any questions regarding these comments, please call. Sincerely, Howard R. Green Company Terry J. Maurer, P.E. TJM:tw O:\PROJ\810630j\0240\ltr 5-11~00 Hadicker.doc. Howard R, Green Company CONSULTING ENGINEERS RESOLUTION NO. 00 - CITY OF ELK RIVER A RESOLUTION GRANTING FINAL PLAT APPROVAL FOR: Trott Brook Farms Fifth Addition Case No. P 00-11 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: 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 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. 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 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:document\resolution\pO0-1 l\doc. Page 2 WHEREUPON the resolution is adopted. Passed and adopted this __ day of ,2000. 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 ., 2000. WITNESS my hand officially as such Clerk and the corporate seal of the City this __ day of ,2000. Sandra Peine, City Clerk STATE OF MINNESOTA SS. COUNTY OF SHERBURNE The foregoing instrument was acknowledged before me this __ ~, 2000, by Stephanie Klinzing, Mayor, City of Elk Minnesota. day of River, Notary Public S:document\resolution\pO0-1 l\doc. Page 3 STATE OF MINNESOTA SS. COUNTY OF SHERBURNE The foregoing instrument was acknowledged before me this __ day of ,2000, by Sandra Peine, City Clerk, City of Elk River, Minnesota. Notary Public THIS INSTRUMENT WAS DRAFTED BY: DOHERTY RUMBLE & BUTLER 3500 Fifth Street Towers 150 South Fifth Street Minneapolis, MN 55402-4235 S:document\resolution\pO0-1 l\doc. Page 4 Legal Description: EXHIBIT A , KNOW ALL PERSONS BY THESE PRESENTS: That D.R. Horton, Inc.-Minnesota, o Delaware corporation, owners and proprietors of the following described property situated in the County of Sherburne, State of Minnesota, to wit: Outlot O, TROTT BROOK FARMS, according to the recorded plat thereof, Sherburne Count, v, Minnesota. and Outlot Aa TROTT BROOK FARMS THIRD ADDI770N, according to the recorded plat thereof, Sherburne County, Minnesota. and The west 400.00 feet of the east 660.00 feet of the south 450.00 feet of the East Half of the Southeast Quarter of Section 35, Township 35, Range 26, Sherburne Count,v, Minnesota, os measured at right angles, thereof. Have caused the some to be surveyed and plotted os TROTT BROOK FARMS FIFTH ADDllTON and do hereby donate and dedicate to the County of Sherburne in fee title for public use forever County State Aid Highway No. 12 os shown on this plat. Also dedicating to the County of Sherburne the right to limit access to said County State Aid Highway No. 12 os shown on this plot. Also dedicating to the public for public use forever the easements as shown on this plot for drainage and utility purposes only. frm-flpt Page 5 EXHIBIT B 1. ALL COMMENTS RAISED BY THE DEPARTMENT OF NATURAL RESOURCES BE INCORPORATED INTO THE PLAT. 2. EACH SINGLE FAMILY LOT SHALL RECEIVE 1 STREET TREE AND 1 FRONT YARD TREE; CORNER LOTS SHALL RECEIVE 1 STREET TREE AND 1 FRONT YARD TREE PER STREET FRONTAGE. 3. FRONT SETBACK OF 25 FEET FROM THE PROPERTY LINES ON ALL STREETS EXCEPT STREETS A, F, J, O, R AND S. SIDE YARD SETBACKS SHALL BE 10 FEET, 5 FEET ON THE GARAGE SIDE 4. ALL COMMENTS OF THE CITY ENGINEER SHALL BE INCORPORATED INTO THE PLANS. 5. PRIOR TO THE ISSUANCE OF ANY BUILDING PERMITS A DEVELOPMENT PLAN BE SUBMITi'ED OUTLINING STYLE OF HOUSE AND FINISHED GRADES ON EACH LOT. 6. ALL STREETS BE BUILT TO CITY STANDARDS WITH THE EXCEPTION OF STREET A WHICH WILL BE LARGER. 7. A DEVELOPERS AGREEMENT SHALL BE SIGNED AND RECORDED PRIOR TO RECORDING THE PLAT. SURFACE WATER MANAGEMENT FEES BE PAID PRIOR TO RELEASING THE PLAT FOR RECORDING. 9. HOMEOWNERS ASSOCIATION DOCUMENTS SHALL BE REVIEWED BY THE CITY PRIOR TO RELEASING THE PLAT FOR RECORDING. 10. STREET LIGHTS SHALL BE INSTALLED PER ELK RIVER UTILITIES RECOMMENDATIONS. 11. A LErrER OF CREDIT BE PROVIDED TO THE CITY IN THE AMOUNT OF 100% OF THE COSTS OF PUBLIC IMPROVEMENTS. 12. 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 SUBMI'ITED TO THE CITY FOR A ONE YEAR PERIOD. 13. WATER AVAILABILITY CHARGE BE PAID PRIOR TO RELEASING THE PLAT FOR RECORDING. 14. ALL NECESSARY TRUNK SANITARY SEWER AND WATER ASSESSMENTS, AND LATERAL WATER ASSESSMENTS BE PAID PRIOR TO RELEASING THE PLAT FOR RECORDING. 15. ALL NECESSARY PERMITS SHALL BE RECEIVED PRIOR TO COMMENCING WORK WITHIN ANY EASEMENTS. 16. ALL COMMENTS FROM PHIL HALS, THE STREET/PARK SUPERINTENDENT, IN HIS MEMO SHALL BE INCORPORATED INTO THE PLANS. 17. ALL MAILBOXES SHALL BE CLUSTERED. 18. LANDSCAPE EASEMENTS SHALL BE INCLUDED AROUND ALL DEVELOPMENT AND NEIGHBORHOOD SIGNS. 19. THE DEVELOPER INSTALL THE TRAIL PROPOSED TO BE LOCATED WITHIN THE 5rH ADDITION. Bm RESOLUTION NO. 00 - CITY OF ELK RIVER A RESOLUTION GRANTING FINAL PLAT APPROVAL FOR: Trott Brook Farms Sixth Addition Case No. P 00-12 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: Ao 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. The physical characteristics of the site, including , but not limited to, topography, soils, vegetation, susceptibility to erosion and 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. F° 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 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:document\resolution\pO0-12.doc Page 2 WHEREUPON the resolution is adopted. Passed and adopted this __. day of ,2000. 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 ,2000. WITNESS my hand officially as such Clerk and the corporate seal of the City this __. day of ,2000. Sandra Peine, City Clerk STATE OF MINNESOTA SS. COUNTY OF SHERBURNE The foregoing instrument was acknowledged before me this , 2000, by Stephanie Klinzing, Mayor, City of Minnesota. Elk day of River, Notary Public s:document\resolution\pO0-12.doc Page 3 STATE Of MINNESOTA SS. COUNTY OF SHERBURNE The foregoing instrument was acknowledged before me this __ day of ,2000, by Sandra Peine, City Clerk, City of Elk River, Minnesota. Notary Public THIS INSTRUMENT WAS DRAFTED BY: DOHERTY RUMBLE & BUTLER 3500 Fifth Street Towers 150 South Fifth Street Minneapolis, MN 55402-4235 s:document\resolution\pO0-12.doc Page 4 EXHIBIT A Legal Description: KNOW ALL PERSONS BY THESE PRESENTS: That D.R. Horton, Inc.-Minnesota, o Delaware corporation, owners and proprietors of the following described property situated in the County of Sherburne, State of Minnesota, to wit: Outlot L, TROTT BROOK FARMS, according to the recorded plat thereof, Sherburne County, Minnesota. Have caused the same to be surveyed and platted as TROTT BROOK FARMS SIXTH ADDllTON and do hereby donate and dedicate to the public for public use forever the Anenue, Court, Circle and Parkway and also donate and dedicate to the public for public use forever the easements as shown on this plat for drainage and utility purposes only, frm-flpt Page 5 EXHIBIT B 1. ALL COMMENTS RAISED BY THE DEPARTMENT OF NATURAL RESOURCES BE INCORPORATED INTO THE PLAT. ' - 2. EACH SINGLE FAMILY LOT SHALL RECEIVE 1 STREET TREE AND 1 FRONT YARD TREE; CORNER LOTS SHALL RECEIVE 1 STREET TREE AND 1 FRONT YARD TREE PER STREET FRONTAGE. 3. FRONT SETBACK OF 25 FEET FROM THE PROPERTY LINES ON ALL STREETS EXCEPT STREETS A, F, J, O, R AND S. SIDE YARD SETBACKS SHALL BE 10 FEET, 5, FEET ON THE GARAGE SIDE 4. ALL COMMENTS OF THE CITY ENGINEER SHALL BE INCORPORATED INTO THE PLANS. 5. PRIOR TO THE ISSUANCE OF ANY BUILDING PERMITS A DEVELOPMENT PLAN BE SUBMITTED OUTLINING STYLE OF HOUSE AND FINISHED GRADES ON EACH LOT. 6. ALL STREETS BE BUILT TO CITY STANDARDS WITH THE EXCEPTION OF STREET A WHICH WILL BE LARGER. 7. A DEVELOPERS AGREEMENT SHALL BE SIGNED AND RECORDED PRIOR TO RECORDING THE PLAT. 8. SURFACE WATER MANAGEMENT FEES BE PAID PRIOR TO RELEASING THE PLAT FOR RECORDING. 9. HOMEOWNERS ASSOCIATION DOCUMENTS SHALL BE REVIEWED BY THE CITY PRIOR TO RELEASING THE PLAT FOR RECORDING. 10. STREET LIGHTS SHALL BE INSTALLED PER ELK RIVER UTILITIES RECOMMENDATIONS. 11. A LETTER OF CREDIT BE PROVIDED TO THE CITY IN THE AMOUNT OF 100% OF THE COSTS OF PUBLIC IMPROVEMENTS. 12. 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. 13. WATER AVAILABILITY CHARGE BE PAID PRIOR TO RELEASING THE PLAT FOR RECORDING. 14. ALL NECESSARY TRUNK SANITARY SEWER AND WATER ASSESSMENTS, AND LATERAL WATER ASSESSMENTS BE PAID PRIOR TO RELEASING THE PLAT FOR RECORDING. 15. ALL NECESSARY PERMITS SHALL BE RECEIVED PRIOR TO COMMENCING WORK WITHIN ANY EASEMENTS. 16. ALL COMMENTS FROM PHIL HALS, THE STREET/PARK SUPERINTENDENT, IN HIS MEMO SHALL BE INCORPORATED INTO THE PLANS. 17. ALL MAILBOXES SHALL BE CLUSTERED. 18. LANDSCAPE EASEMENTS SHALL BE INCLUDED AROUND ALL DEVELOPMENT AND NEIGHBORHOOD SIGNS. 19. THE DEVELOPER INSTALL THE TRAIL PROPOSED TO BE LOCATED WITHIN THE 5TM ADDITION. 'fy of Memorandum iver TO: FROM: MAYOR AND CITY COUNCIL STEPHEN ROHLF, BUILDING AND ZONING ADMINISTRATOR DATE: May 15, 2000 SUBJECT: WETLAND CONSERVATION ACT DECISION - TROTT BROOK FARMS - WCA 98 - 2 The Elk River City Council approved the original Wetland Impact plan for Trott Brook Farms on August 17, 1998. This plan included impacts to 25 wetlands with 1.96 acres being filled. The developer of Trott Brook Farms, Contractor Property Developers Company, submitted a revised plan for wetlands on October 29,1999. The new plan includes 2.48 acres of wetland fill. Notification of this new plan was mailed out to the appropriate governmental agencies on November 19, 1999. The Technical Evaluation Panel for the Wetland Conservation Act in the City of Elk River reviewed the revised plans on December 16, 1999. This review included the comments submitted by the DNR in a letter dated December 16, 1999 (attached). A final version of the wetland filling and mitigation plan was received by city staff on May 15, 2000. This revision reflects the comments of the Technical Evaluation Panel and the DNR. RECOMMENDATION Staff recommends approval of the revised filling and mitigation plan for this project with the following stipulations: That a restrictive covenant and drainage and utility easement be recorded on the mitigation areas. That the Developer's Agreement for the project includes language that places the responsibility for the success of the wetland mitigation on the developer. That the letter of credit covering the public improvements associated with the project also include the cost of the mitigation ~vork. That the developers submit a ~vritten 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 tilde r~ieas:~ of the letter of credit. 13065 Orono Parkway · P.O. Box 490 · Elk River, MN 55330 · TDD & Phone: (612) 441-7420 · Fax: (612) 441-7425