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4.6. SR 08-17-2015City of Elk az — River Request for Action To Item Number Mayor and City Council 4.6 Agenda Section Meeting Date Prepared by Consent August 17, 2015 Zack Carlton, Planning Manager Item Description Reviewed by Final Plat: Washington Street Investors, for West Chris Leeseberg, Senior Planner Oaks Eighth Addition Reviewed by Cal Portner, City Administrator Action Requested Adopt, by resolution, the Final Plat for West Oaks Eighth Addition with the following conditions: 1. All comments in the letter from the City Planner dated August 12, 2015, shall be addressed prior to recording. 2. All necessary permits must be acquired before any work in the right-of-way begins. 3. An updated plan identifying the abandoned utilities shall be submitted to the city. 4. Submittal of a letter of credit equal to the cost to abandon any unused public utilities associated with West Oaks Eight addition. 5. Prepare a homeowners association agreement per Section 30-944 for review and approval by the City Attorney. 6. 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. Background/Discussion Case No. P 15-08 - The applicant is requesting Final Plat approval for nine new single-family lots in West Oaks, to be known as West Oaks Eighth Addition. The preliminary plat was approved in February 2015, and included 44 total lots. The current proposal includes the creation of nine single-family lots and two common lots. Park dedication was satisfied with a mix of cash and land as part of the West Oaks subdivision approved in 2003. The land dedicated is known as West Oaks Park. Financial Impact None Attachments ■ Location Map ■ Final Plat of West Oaks Eighth Addition ■ Staff Comment letter dated August 12, 2015 ■ Resolution P a w E A E U s r NaA f RE] . 9F R Wr ray lid: A I . .4t .64 West Oaks 8th E-.", L Final Plat Case No: P 15-08 River 47 . 9F R Wr ray lid: A I . .4t .64 West Oaks 8th E-.", L Final Plat Case No: P 15-08 River T�71o1I 0 40 BD 120 vlclxrtr alp SCALE IN FEET SCALE: I INCH = 40 FEET WEST OAKS EIGHTH ADDITION Legentl: —1— -4 All bearings ., — on — plat ore en WEST IS THIRD —1. TIDN (Saemum. —, —.1. Syat.m, Naoe1, Iger od)) S JJJ ��� 4Q362 EL s>E 56ryv >6'1e'01•E a�"�' Is mac„ ER" <aap <—_ a 1 T� >� �z 2241'' 41 4�1 �--------- _ e>6z ��41-� a40p 540v 10 Ill s=`took F� ..WIL s'�8z�•• — �r /'�/ JET 4Ei E 3 --- / — IET VET _ \ \ Ver City of Elk River Sherburne County, MN KNOW ALL PERSONS BY THESE PRESENTS: That Equity Truat Company Ellatodten FBO PeMtle A. DeMok M. a Ylnneaota 'haat, owners and proprietor,, of the following d ... Abed prop—Y altueted In the County of Sherburne, State of Mill eaoto, to—wit: Int. 29-40, B1.k 1, WEST OAKS TIDED ADDITION, Sberburoe County, Nimt... t., AND, The South 278.40 feet of Lot 41, Block 1, ► OAKS MIND ADDITION, ea measured at right angle, to the southerly line of said Lot 41, Sherburne Courcy. Mi -- Ha— caused the .e a to be surveyed end platted ea HEST CANS EIGHM ADDITION end do hereby dedicate to the public for public —a I-- the eeaementa es ,hours for drainage end utility P.—.- only. In wltneaa whereof said Equity True Company Custodian MO Patricia A. DIM& IRA, boa 6auaad tbeae present. to be signed by its proper oM.- to be hereunto affixed this day of , 2C_. Equity True Company Co—dial MO Pehlela A. D,r ,k IRA Mno.r .at. of um...om, Cmmty of The foregoing Inalromanl wea a,k,,,I,dg,d before me thls tley of 2Q--. by Il. , of Equity Truat Company Matadi— FB0 P—m. A. Derrick IRA, a Mill— TYual. Notary Public County, ii— M y Commission expires prntad name I bereby erufy that 1 here eyed old platted the ]end, or directly aoIaMood Ne aarveying old platting of the ]end d—bed al this plot WEST MKS EIGHM ADDITION; that this plot I. n I-- pre.entetion of the boundary survey, that I] m themelioel data end label. e ccoy de.ieboun grneted on the plat, that ell monument. depi—d on the palet have been romotly xt ea of Ne date of t i.—fi.etion, ell wet 1..da end wet ded.. d .11 public way. ere vhow. and I.bel.d a d.fl.ed is MI.nevota gtetut.. 506.01, Subd S. Doled this day of , 2Q_ Bd.. E —aka, Lemvetl Land E. -,— .I ...... ...... urveyor.I............ No. 44818 State of Llnnevote, County of The foregoing Surveyor's Certtfioete wea aek... Iadged before me tbi, day of , 2Q_. by BHan E Preske, ]and Surveyor, Mi.neaom lice.: No. 44868 Not., Public County, Hlnneaole Ky Commiavon aspire, printed nerve Approved .ad aoarotad by the City Cool] of the My M Elk Resor, SMrbume C—ty, Emnerota at ..—Log held thiv _ day of PD Auexad: N.yar 1 Mraby ttdwy that proper add— of tesla hes bee. pra.entad to cod examined by ma and 1 hattby eppreva this plat ea to 1. old erecotieo uv _ tley of , eo ED: Ewer My Atloroey Pureuent to Sherburne Cou.ly —boa. Numbar M. 1 hereby ttruy LMt ihla Not hes barn checked and approved as to comp—o with Ch.il,- 6W, Nilme.om Statute... _ dor of . IN—. Sherburne Coaely Surveyor 1 hereby ttrtfy tore. Moan In the year on lead. hareln da.edbod are paid I. MI. and there arc no ddWqu..l le.... and that tremfer wea entered thl. day of , 1Q_. SMrbuma Coa.ty Autlitm/yre.anrer 1 hveby tt y that Chia I.allumrol wea Mad I. the M. of — Coonty Naoortlor for record on W. _ tley of at .'Mock — .N., end wea duly rccordad e. —..at No. 13065 Orono Parkway Elk River, MN 55330 August 12, 2015 Roger Derrick 5001 American Blvd NW #501 Bloomington, MN 55437 RE: Comment Letter, Final Plat — West Oaks Eighth Addition Dear Mr. Derrick, VIA EMAIL: roger@chofamerica.com Staff conducted a review of the materials submitted on @y 27, 2015. The following comments and recommendations are intended to bring the project in line with current city requirements and should be addressed on future plans. It is helpful to include a response letter to the comments below. Unaddressed comments will be incorporated into recommended conditions for Final Plat approval. General Comments 1. Cluster all mailboxes 2. Two overstory trees are required for each new single-family lot in the city. Please provide a landscape plan identifying the location and species of the trees. 3. All unused utilities (sewer and water) resulting from the reduction in units must be abandoned per the utility plan submitted with the preliminary plat. 4. Wetland Buffer signage is required along the 25 foot buffer area identified in Sec. 30-1852. Signs should include a concrete footing. An updated development plan is required. If you have any questions I can be reached at 763.635.1035. Please address these comments on future plans submitted to the city. Sincerely, Zack Carlton Planning Manager zcarlton@E1kRiverMN.gov Phone: 763.635.1000 Fax: 763.635.1090 www.ci.e1k-river.rnn.us P0WEBE0 6 NAf"'UREI City of Elk *�� River Resolution 15- A Resolution of the City of Elk River Granting Final Plat Approval for West Oaks Eighth Addition Case No. P 15-08 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, a preliminary plat of the Property was approved by the City Council on February 17, 2015; 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 It is hereby determined by the City Council for the City of Elk River as follows: A. The proposed subdivision is consistent with Chapter of 30 of the City Code of Ordinances 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 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. E. The proposed subdivision will not cause substantial environmental damage. P O w E R E U 9 1 AUR 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. 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. This final plat approval shall expire two years from the date of this resolution if the final plat is not recorded within that time. Passed and adopted this 17"' day of August, 2015. John J. Dietz, Mayor ATTEST: Tina Allard, City Clerk P O W E R E D 0 Y AUR EXHIBIT A LEGAL DESCRIPTION Lots 29-40, Block 1, WEST OAKS THIRD ADDITION, Sherburne County, Minnesota AND The South 279.40 feet of Lot 41, Block 1, WEST OAKS THIRD ADDITION, as measured at right angles to the southerly line of said Lot 41, Sherburne County, Minnesota. POWERED 0Y AUR EXHIBIT B CONDITIONS OF APPROVAL 1. All comments in the letter from the City Planner dated August 12, 2015, shall be addressed prior to recording. 2. All necessary permits must be acquired before any work in the right-of-way begins. 3. An updated plan identifying the utilities that will be abandoned shall be submitted to the city. 4. Submittal of a letter of credit equal to the cost to abandon any unused public utilities associated with West Oaks Eight addition. 5. Prepare a homeowners association agreement per Section 30-944 for review and approval by the City Attorney. 6. 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. P O W E R E D 0 Y AUR