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5.4. SR 06-21-2004Item # 5./-I.. TO: FROM: DATE: SUBJECT: MEMORANDUM Mayor and City Council Planner.;~ji' Scott Harlicker, Senior June 21,2004 Case No. P 04-14 Request by Gold Nugget Development for Final Plat for Kliever Lake Fields 2nd Addition Request Consider a request by Gold Nugget Development for final plat approval of the second phase of I~diever Lake Fields. Location The property is located at the southwest corner of County Road 12 and Filmore Street. Zoninq/Land Use R3 (Townhome District) / MR (Medium Density Residential) Attachments · Location map · City Engineers memo · Preliminary Plat · Final Plat · Resolution No. 04- Memo to Mayor and City Council/P04-14 June 21, 2004 Page 2 Overview The applicant is proposing the final plat for the second addition of Kliever Lake Fields. This plat consists of 33 single family lots and 3 outlots. Outlots A and B will be included as lots in future phases; Outlot C is a trail connection. The area to be platted is in the southeast corner of the corner of the development. The plat includes platted 179~ Street to Filrnore Avenue, 18ffh Circle, a portion of 180~ Lane and extending Johnson Avenue to the southern boundary of the plat. The final plat is consistent with the preliminary plat approved by the Council on July 16th, 2001. The City Engineer has reviewed the plat; his comments are included in the attached memo. The park dedication requirement was met with land dedication included in the first phase. A condition of the final plat approval for Kfliever Lake Fields was that Outlot A be deeded to the City for parkland. The developer is working on complying with that condition. This condition should also be included as a condition of the final plat for the second addition. Recommendation: Staff recommends that the City Council approve the attached resolution granting final plat approval for IG_iever Lake Fields 2"a Addition with the following conditions: 1. A DEVELOPERS AGREEMENT BE PREPARED AND EXECUTED OUTLINING THE TERMS AND CONDITIONS OF THE PLAT APPROVAL AND INSTALLATION OF IMPROVEMENTS PRIOR TO RELEASING THE PLAT FOR RECORDING. 2. A LETI'ER OF CREDIT BE PROVIDED TO THE CITY IN THE AMOUNT OF 100% OF THE COSTS OF PUBLIC IMPROVEMENTS. 3. 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. 4. 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. 5. SEALCOAT FEE IN THE AMOUNT TO BE DETERMINED BY THE CITY ENGINEER BE PAID TO THE CITY PRIOR TO RELEASING THE PLAT FOR RECORDING. 6. THE NECESSARY DRAINAGE AND UTILITY EASEMENTS BE DEDICATED ON THE PLAT AS REQUIRED BY THE CITY. 7. ALL COMMENTS OF THE CITY ENGINEER BE ADDRESSED. 8. ALL APPROPRIATE WETLAND PERMITS MUST BE OBTAINED PRIOR TO COMMENCING WORK ON THE SITE. &\Planning\Case Files\P 01-05 Elk River Station\final plat 3-17CC Memo to Mayor and City Council/P04-14 June 21, 2004 Page 3 GRADING AND EROSION CONTROL PLAN AND DVELOPMENT PLAN BE SUBMITTED AND APPROVEDBY THE CITY ENGINEER PRIOR TO THE ISSUANCE OF BUILDING PERMITS. 10. ALL GRADING WILL NEED TO BE CERTIFIED PRIOR TO THE ISSUANCE OF BUILDING PERMITS. 11. STREET LIGHTS SHALL BE INSTALLED AS RECOMMENDED BY ELK RIVER MUNICIPLAL UTILTIIES. 12. WATER AVAILABILTY CHARGE SHALL BE PAID PRIOR TO RELEASING THE PLAT FOR RECORDING. 13. ANY TREES OFF SITE OR ON SITE, NEAR THE LIMIT OF GRADING THAT ARE TO BE PRESERVED, SHALL BE FENCED WITH A SNOW FENCE AT THE DRIP LINE TO PREVENT GRADING, COMPACTION, OR STORAGE OF EQUIPMENT, DEBRIS OR MATERIALS. STAFF SHALL INSPECT FENCING PRIOR TO CLEARING OR GRADING COMMENCING. 14. ANY ARCHEOLOGICAL FINDINGS SHALL BE REPORTED AND THE CITY NOTIFIED. 15. ALL NECESSARY TRUNK SANITARY AND WATER ASSESSMENTS, AND LATERAL WATER ASSESSMENTS BE PAID PRIOR TO RELEASING THE PLAT FOR RECORDING. 16. OULOT A, KLIEVER LAKE FIELDS SHALL BE DEEDED TO THE CITY FOR PARK PRIOR TO RELEASING THIS PLAT FOR RECORDING. THE DEVELOPER SHALL BE RESPONSIBLE FOR PROVIDING THE FINAL GRADE FOR THE PARK AND ESTABLISHING VEGETATIVE COVER. 17. THE MAILBOXES SHALL BE CLUSTERED. 18. THE DEVELOPER SHALL PROVIDE SNOW STORAGE EASEMENTS AROUND THE CUL DE SAC S:\Planning\Case Files\P 01-05 Elk River Station\ final plat 3-17CC MUL VANE Y SITE HILLSIDE CITY PARK PROPERTY 175TH AVi~NU[ Case Number:. Location Map P04-14 KLIEVER LAKE FIELDS 2ND N owar-d R, Green Oompany June 16, 2004 File: 811817J-0240 Ms. Michele McPherson Director of Planning City of Elk River 13065 Orono Parkway Elk River, MN 55330 RE: KLIEVER LAKE FIELDS 2ND ADDITION FINAL PLAT Dear Ms. McPherson As requested, we have reviewed the final plat for Kliever Fields Lake 2nd Addition; as prepared by Pioneer Engineering. The plat contains 33 single- family lots in the southeast corner of the Kliever Lake Fields area. This plat will complete the second access of 179th Avenue intersecting with Fillmore Street. We find the final plat to be in accordance with the Previously approved preliminary plat for this area. Therefore we would recommend approval of the Final Plat of Kliever Lake Fields 2nd Addition. If you have any questions regarding this issue, please call. Sincerely, Howard R. Green Company .... -/,,/., - :,/~//X '. Terry J. Maurer, P.E. TJM:ac 2550 University Avenue West · Suite400N · St. Paul, MN 55114 · 651/644-4389 fax 65!/644-9446 toll free 888/368-4389 RESOLUTION NO. 04 - CITY OF ELK RIVER A RESOLUTION GRANTING FINAL PLAT APPROVAL FOR: Kliever Lake Fields 2"a Addition Case No. P 04-14 WHEREAS, application has been made for final plat approval, pursuant to Sections 30-354 and 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, 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 July 16, 2001; and WHEREAS, the proposed final plat is consistent with the preliminat~ plat as approved by the City Council; and WHEREAS, the proposed £mal 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: A. The proposed subdivision is consistent with the Zoning Ordinance and conforms with all of its requirements. B. The proposed subdivision is consistent with all applicable general specialized city, county, and regional plans including, but not limited to, Comprehensive Development Plan. and the City's 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 storm drainage, sewage transportation, erosion control and all other facilities and improvements otherwise required herein. services, 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. G. 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 Exhibk 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: WHEREUPON the resolution is adopted. Passed and adopted this 21't day of June, 2004. Stephanie Kdinzing, 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 , 2004. WITNESS my hand officially as such Clerk and the corporate seal of the City this __ day of ,2004. Joan Schmidt, City Clerk STATE OF MINNESOTA SS. COUNTY OF SHERBURNE The foregoing instrument was acknowledged before me this day ., 2004, by Stephanie Klinzing, Mayor, City of Elk River, Minnesota. of STATE OF MINNESOTA SS. COUNTY OF SHERBURNE Notary Public The foregoing instrument was acknowledged before me this ., 2004, by Joan Schmidt, City Clerk, City of Elk River, Minnesota. day of Notary Public EXHIBIT A Legal Description: Outlots A and B, Irdiever Lake Fields East, Sherburne County, Minnesota Conditions: EXHIBIT B o o o 10. 11. 12. 13. A DEVELOPERS AGREEMENT BE PREPARED AND EXECUTED OUTLINING THE TERMS AND CONDITIONS OF THE PLAT APPROVAL AND INSTALLATION OF IMPROVEMENTS PRIOR TO RELEASING THE PLAT FOR RECORDING. A LETTER OF CREDIT BE PROVIDED TO THE CITY IN THE AMOUNT OF 100% OF THE COSTS OF PUBLIC IMPROVEMENTS. 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. 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. SEALCOAT FEE IN THE AMOUNT TO BE DETERMINED BY THE CITY ENGINEER BE PAID TO THE CITY PRIOR TO RELEASING THE PLAT FOR RECORDING. THE NECESSARY DRAINAGE AND UTILITY EASEMENTS BE DEDICATED ON THE PLAT AS REQUIRED BY THE CITY. ALL COMMENTS OF THE CITY ENGINEER BE ADDRESSED. ALL APPROPRIATE WETLAND PERMITS MUST BE OBTAINED PRIOR TO COMMENCING WORK ON THE SITE. GRADING AND EROSION CONTROL PLAN AND DVELOPMENT PLAN BE SUBMITTED AND APPROVEDBY THE CITY ENGINEER PRIOR TO THE ISSUANCE OF BUILDING PERMITS. ALL GRADING WILL NEED TO BE CERTIFIED PRIOR TO THE ISSUANCE OF BUILDING PERMITS. STREET LIGHTS SHALL BE INSTALLED AS RECOMMENDED BY ELK RIVER MUNICIPLAL UTILTIIES. WATER AVAILABILTY CHARGE SHALL BE PAID PRIOR TO RELEASING THE PLAT FOR RECORDING. ANY TREES OFF SITE OR ON SITE, NEAR THE LIMIT OF GRADING THAT ARE TO BE PRESERVED, SHALL BE FENCED WITH A SNOW FENCE AT THE DRIP LINE TO PREVENT GRADING, COMPACTION, OR STORAGE OF EQUIPMENT, DEBRIS OR MATERIALS. STAFF SHALL INSPECT FENCING PRIOR TO CLEARING OR GRADING COMMENCING. 14. ANY ARCHEOLOGICAL FINDINGS SHALL BE REPORTED AND THE CITY NOTIFIED. 15. ALL NECESSARY TRUNK SANITARY AND WATER ASSESSMENTS, AND LATERAL WATER ASSESSMENTS BE PAID PRIOR TO RELEASING THE PLAT FOR RECORDING. 16. OULOT A, KLIEVER LAKE FIELDS SHALL BE DEEDED TO THE CITY FOR PARK PRIOR TO RELEASING THIS PLAT FOR RECORDING. THE DEVELOPER SHALL BE RESPONSIBLE FOR PROVIDING THE FINAL GRADE FOR THE PARK AND ESTABLISHING VEGETATIVE COVER. 17. THE MAILBOXES SHALL BE CLUSTERED. 18. THE DEVELOPER SHALL PROVIDE SNOW STORAGE EASEMENTS AROUND THE CUL DE SAC Pi ELIAflNARY PZ IT 0£ KLIEVE ? LAEE FIELDS / 7-- \ __J 7 ' GRAPHIC SCALE MiNiMUM LOT ,ViOTH AT 5E!~ACK L!NE INTERIOR LOT 80Fr. CORNER LOT tOO STREET A OUTLOT C I 9 DRAINAGE AND UTILITY EASEMENTS ARE SHOWN THUS: ~ot rD SCALE 2 ~ i 4 I STRUT E t ~ ) / / \ \ CE~ ~3~FT. j ~ J~ETBACK = ~FT. I ~OT AREA ~' ~ HNTERIOR 12,00G ~ ~HOUSE mfr. L _ L~ORNER ~FT. FRONT YARO SETBACK ST~T ~*~ ~ ~ STREET r PIONeeR LEGAL DESCRIPTION KLIEVER LAKE FIELDS GOLD NUGGET PRO,;CCT (DENSITIES DO NOT INCLUDE0UILOTC) EXISTING ZONING- R-1E PROPOSED ZONING- R-1E UT1UTiES AVAJLABLE SHE£T TITLE PRELIMINARY PLAT IOTAL AREA 79.16 AC. LOT AREA 56,29 AC, CUTLOT A~EA- .29,42 AC. OUTLOT A 7,96 AC. OUTLOT B 0,17 AC. OUTLOT C -21.29 AC. R.O.W. AREA 13.45 AC. NURSER OF LOTS 98 LARGEST LOT 29,440 S.F. SMALLEST LOT 12.000 S.F. AVERAGE LOT 15.4,.~0 S.F. C. ROSS DENSITY 1,59 LOTS/AC. NE? DENSITY 2,21 LOTS/AC. O~ER I. PRELIMINARY PLAT 2. PRELIMINARYGRADING PLAN 3, PRELIMINARYS~TE & U~RUTY PLAN 4. PRELIMINARYLANDSCAPE PLAN - LIEVEP LAKE FIE, DS 2ND ADDITION- MINNESOTA OSS PROPERtiES, LLC. SIAIE OF MINNESOTA COUNTY OF The foregoing Instrument was acknowledged berate me this a Minnesota Limited Liability Company, Qn behalf of said company. Horst W, Oroser, Vicu President __ 200 , by Horst W. Oraser. Vice President of 8SS Properties. Notary Pubiic, Count/, Minnesota My Commission Expires __ 200 , PRIOR LAKE STATE BANK ----doy o, GRAPHIC SCALE (SCALE IN FEET) trteh = 100 Ieet DRAINAGE AND UTILITY, EASEMENTS ARE SHOWN THUS: (not to 9 -¢-{ i .......... W ; 768.44 Being 5 feet [n ,WdU% end adjoining :o! t ~ IMes, and lO feet in ,vidth and adjoining I ~ '--aorta dna cF :3uUo: .:,,,'KLIEVER LA~E F~ELDS EAST I" "C' T ~ ii~E ORIENTATION OF THIS BEARING SYSTEM IS BASED ON THE PLAT OF KLIEVER LAKE FIELDS EAST · 0chores found monument O Dana(es 1/2 inch by 14- inch iron monument se( and marked with license numeer 20595 ¢ Denotes 1/2 inch by 14 inch iron monument marked with ilcense number 20595 to be John R, Breltbocn, Senior Vice President '~ p STATE OF MINNESOTA ! / COUNTY' OF__ Se{ within 1 year of recording of this plot. Pr~ Lake State Bank, o Minnesota corporation, on behalf of said corporation, ~.' Notary Public;' County, ~innesoto '~ My Commission ~xpi ..... :~ 72.~5~ r~,L~l v ~lld (,3 ,..~,rq~ C o¢ (he survey, that ell dlstonces ore correctly shown on the plot Jn ~eet and hundredths of o f~t, that all monuments have been or will b* pieced in the ground us r ~ ] I ........ ~' - ~own within 1 ~or after record~g, or sooner, os required by the approving leto( govemmento~ un t that the ~ts de boundary lines crc correctly des gnoted on ~ ¢.~ i C- [' rm¢ i the plot and that there ore no wet lends or public hlqhwo~ to be designated 0n the plot, other (hon os shown, os defined in Minnesota Statutes 505.02 Subd, 1, ~ ~ ~ >~0 ~ ~ ~ ~ ;~-~ .L/~ I cou.~o~__ ~/ ~¢,~ ' , i ~o-W~ / ~ ,o !'z., ,, / ~ ./-~ l~4~?''~ My Commission Expires 263 52 %' k ' u / / i % 251.60 [ . ~ I >'/ ~ ~ '- , , ~ , ~,-,:- ~o.~ ,, G '---~ ..... ! ................. '. ...... Recommend~ for opprov~ {h~ ~ ~ay o lO0 ~ ,j I ~ 1309.10 .... on land herein described ~re paid In full, and there are no delinquent taxes, and that transfer was entered I haFeby certify taxes potable in the y~ar this day of 200 Sherburne County Auditor/Treasurer 200__~ at PlnNEEiq Sherburne County Recorder N89 °38'242'W 238,19 263,52 L FIELDS 2ND ADDITION 6d S89%8'24"E t58.09 1 GNAPJ-[[C SCALE 60 (] 30 60 (SCALE IN FEET} inch = 60 feet ,'EOT>/ L.A?,? lilE ,DR:ENTATiCN OF ~i$ 8EARhNG $'(SF~.t.4 iS BASED ON THE PLAT OF KLIEVER LAKE FIELDS EAST · Denotes found monument 0 Denotes 1/2 ~nch by 14 inet1 iron mondmerlt set and mc~r~ed with Hcense numo=r 20595 ~ Denotes 1/2 ]nch by 14 inch iron monument marked ~itn Hcense number 20595 to be set within 1 year ct recording of this plot, \ ' ') 251.60 ] / ~ '¢~ ', . 80.00 , ~<i>~o.~ ~o oo , / ~~: ..... ili ........... ), .......~ r - ~ - n - :-~W,'~,"~F "' ',x', , ,_. , .~ ..... 20 .~. ¢ , , , , ,~ ...... . S ~ , i, ~:~ ....... x ;I .......... :1 ...... :i¢ ........ Jlk ..... D~f ' ',k' ltd /' - I .o ~o I ~ ~ --g.~ ........ / ~ ,, I ~,,, ~ ....... k:., ...... ~/( ~l~ 1509.10 CITY OF ELK RIVER SHERBURNE COUNTY, M!Nr,IESOTA DRAINAGE AND UTILITY EASEMENTS ARE SHOWN THUS: 36.52 1 ~ 48.74 SHE£T 2 OF 2 SHEET