6.8. SR 07-19-2004TO:
FROM:
DATE:
SUBJECT:
Item #6.8.
MEMORANDUM
Mayor and City Council
Scott Harlicker, Senior Planne,~'
July 19, 2004
Case No. P 04-15
Request by West Oaks of Elk River for Final Plat for West Oaks
2nd Addition
Request
Consider a request by West Oaks of Elk River for final plat approval of the second phase of
West Oaks.
Location
The property is located at the northwest corner of Waco Street and 183~d Avenue.
Zonina/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/PO4-15
July 19, 2004
Page 2
Overview
The applicant is proposing the final plat for the second addition of West Oaks. This plat
consists of 46 townhouse lots and 1 common lot.
The area to be platted is in the southeast corner of the corner of the development, north of
183rd Avenue. The plat includes just the townhouse lots. The streets, along with the single
family lots on 183rd Avenue, were platted as part of the first phase. The final plat is
consistent with the preliminary plat approved by the Council on July 21~t, 2003.
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
Recommendation:
Staff recommends that the City Council approve the attached resolution granting final plat
approval for West Oaks 2"d Addition with the following conditions:
1. A DEVELOPERS AGREEMENT BE PREPARED AND EXECUTED OUTLINING THE TERMS
AND CONDITIONS OF THE PLAT APPROVAL PRIOR TO RELEASING THE PLAT FOR
RECORDING.
2. THE DEVELOPER PROVIDES HOMEOWNER ASSOCIATION DOCUMENTS FOR THE CITY
ATTORNEY'S REVIEW AND APPROVAL PRIOR TO FINAL PLAT.
3. SURFACE WATER MANAGEMENT FEE BE PAID IN THE AMOUNT REQUIRED BY THE CITY
AT THE TIME OF FINAL PLAT PRIOR TO RELEASING THE PLAT FOR RECORDING.
4. THE LETTER OF CREDIT SHALL COVER WETLAND MITIGATION. DRAINAGE EASEMENTS
SHALL BE IN PLACE OVER THE WETLAND AND THE WETLAND MITIGATION AREAS.
5. RESTRICTIVE COVENANTS SHALL BE RECORDED ON THE WETLAND AND THE WETLAND
MITIGATION AREAS.
6. A THREE YEAR MONITORING REPORT ON THE WETLAND MITIGATION IS REQUIRED.
7. THE CITY ENGINEER'S COMMENTS BE INCORPORATED INTO THE PLANS.
8. STREET LIGHTS BE INSTALLED AS REQUIRED BY ELK RIVER UTILITIES
9. A LETTER OF CREDIT BE PROVIDED TO THE CITY IN THE AMOUNT OF 100% OF THE
COSTS OF THE PUBLIC IMPROVEMENTS.
10. 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 THE PERIOD OF ONE YEAR.
11. A SEALCOAT FEE IN THE AMOUNT TO BE DETERMINED BY THE CITY ENGINEER BE PAID
PRIOR TO RELEASING THE PLAT FOR RECORDING.
)
S:\I lanning\Case Files\P 04-15 West Oaks 2"a Addition\final plat 7-19CC
Memo to Mayor and City Council/P04-15
July 19, 2004
Page 3
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A GRADING AND EROSION CONTROL PLAN BE APPROVED BY THE CITY ENGINEER
PRIOR TO THE ISSUANCE OF BUILDING PERMITS.
A DEVELOPMENT PLAN BE APPROVED BY THE CITY ENGINEER PRIOR TO THE
ISSUANCE OF BUILDING PERMITS.
ALL GRADING BE CERTIFIED PRIOR TO THE ISSUANCE OF BUILDING PERMITS.
ALL MAILBOXES BE CLUSTERED.
A TREE PRESERVATION PLAN SHALL BE APPROVED 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 GRADING COMMENCING.
WATER ACCESSIBILTY FEES IN THE AMOUNT DETERMINED BY THE CITY BE PAID PRIOR
TO RELEASING THE PLAT FOR RECORDING.
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.
TOWNHOUSE ELEVATIONS SHALL COMPLY WITH THE DESIGN STANDARDS OF THE R3
ZONING DISTRICT.
THE DEVELOPER SHALL PAY $750 FOR EACH TOWNHOUSE LOT AS PART OF THEIR
CONTRIBUTION TOWARDS THE COST OF THE WACO STREET INPROVEMENTS.
S:\Planning\Case Files\P 04-15 West Oaks 2''a Addition\final plat 7-19CC
181ST ff
~ 17g~
~ Location Map
~~ C~, Numben P 03-~ WEST OAKS
Howard R. Green Qompany
July 7, 2004
File: 812971J-0240
Mr. Scott Harlicker
Senior Planner
City of Elk River
13065 Orono Parkway
Elk River, MN 55330
Re: West Oaks Second Addition
Final Plat
Dear Mr. Harlicker:
As requested we have reviewed the final plat for West Oaks Second Addition as prepared by
Bogart Pederson & Associates, Inc. The plat consists of 46 multiple unit lots and a common
lot for the area lying between Xerxes Street and the east plat boundary. We find the final
plat to be in compliance with the approved preliminary plat. Therefore, we would
recommend approval of West Oaks Second Addition.
We would note however, that a development plan has previously been submitted and
approved for the entire West Oaks subdivision. The lot numbering in the final plat of West
Oaks Second Addition is slightly different that the approved development plan. In
discussing this with the developer's engineer, we have been informed that the development
plan for the multi-family lots in the West Oaks subdivision will be re-submitted because of
this change in lot numbering and minor changes in lot sizes.
If you have any questions regarding these comments, please call.
Sincerely,
Howard R. Green Company
Ter~~.~~er,~P.E.~
S:KPL&NN]NG\Terry Maurer\P 04-15 TJM.doc
2550 University Avenue West · Suite 400N ° St. Paul, MN 55114 · 651/644-4389 fax 651/644-9446 toll free 888/368-4389
RESOLUTION NO. 04 -
CITY OF ELK RIVER
A RESOLUTION GRANTING FINAL PLAT APPROVAL FOR:
West Oaks Second Addition
Case No. P 04-15
WHEREAS, application has been made for final plat approval, pursuant to Article
V. 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, 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 21, 2003; 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:
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.
supply,
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
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:
WHEREUPON the resolution is adopted.
Passed and adopted this 19th day of july, 2004.
Stephanie Klinzing, Mayor
CERTIFICATE
STATE OF MINNESOTA
COUNTY OF SHERBURNE
CITY OF ELK RIVER
I, the undersigned, being the 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 July 19, 2004.
WITNESS my hand officially as such Clerk and the corporate seal of the City this
__ day of ., 2004.
STATE OF MINNESOTA
SS.
COUNTY OF SHERBURNE
Joan Schmidt, City Clerk
The foregoing instrument was acknowledged before me this day
., 2004, by Stephame I~dinzing, Mayor, City of Elk River, Minnesota.
of
STATE OF MINNESOTA
SS.
COUNTY OF SHERBURNE
Notary Public
The foregoing instrument was acknowledged before me this
,2003, by Joan Schmidt, City Clerk, City of Elk River, Minnesota.
day of
Notary Public
EXHIBIT A
Legal Description:
Outlots E and F, West Oaks
EXHIBIT B
Conditions:
A DEVELOPERS AGREEMENT BE PREPARED AND EXECUTED OUTLINING THE TERMS
AND CONDITIONS OF THE PLAT APPROVAL PRIOR TO RELEASING THE PLAT FOR
RECORDING.
2. THE DEVELOPER PROVIDES HOMEOWNER ASSOCIATION DOCUMENTS FOR THE CITY
ATTORNEY'S REVIEW AND APPROVAL PRIOR TO FINAL PLAT.
3. SURFACE WATER MANAGEMENT FEE BE PAID IN THE AMOUNT REQUIRED BY THE CITY
AT THE TIME OF FINAL PLAT PRIOR TO RELEASING THE PLAT FOR RECORDING.
4. THE LETTER OF CREDIT SHALL COVER WETLAND MITIGATION. DRAINAGE EASEMENTS
SHALL BE IN PLACE OVER THE WETLAND AND THE WETLAND MITIGATION AREAS.
5. RESTRICTIVE COVENANTS SHALL BE RECORDED ON THE WETLAND AND THE WETLAND
MITIGATION AREAS.
6. A THREE YEAR MONITORING REPORT ON THE WETLAND MITIGATION IS REQUIRED.
7. THE CITY ENGINEER'S COMMENTS BE INCORPORATED INTO THE PLANS.
8. STREET LIGHTS BE INSTALLED AS REQUIRED BY ELK RIVER UTILITIES
9. A LETTER OF CREDIT BE PROVIDED TO THE CITY IN THE AMOUNT OF 100% OF THE
COSTS OF THE PUBLIC IMPROVEMENTS.
10. 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 THE PERIOD OF ONE YEAR.
11. A SEALCOAT FEE IN THE AMOUNT TO BE DETERMINED BY THE CITY ENGINEER BE PAID
PRIOR TO RELEASING THE PLAT FOR RECORDING.
12. A GRADING AND EROSION CONTROL PLAN BE APPROVED BY THE CITY ENGINEER
PRIOR TO THE ISSUANCE OF BUILDING PERMITS.
13. A DEVELOPMENT PLAN BE APPROVED BY THE CITY ENGINEER PRIOR TO THE
ISSUANCE OF BUILDING PERMITS.
14. ALL GRADING BE CERTIFIED PRIOR TO THE ISSUANCE OF BUILDING PERMITS.
15. ALL MAILBOXES BE CLUSTERED.
16. A TREE PRESERVATION PLAN SHALL BE APPROVED PRIOR TO RELEASING THE PLAT
FOR RECORDING.
18.
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 GRADING COMMENCING.
19. WATER ACCESSIBILTY FEES IN THE AMOUNT DETERMINED BY THE CITY BE PAID PRIOR
TO RELEASING THE PLAT FOR RECORDING.
20. 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.
21. TOWNHOUSE ELEVATIONS SHALL COMPLY WITH THE DESIGN STANDARDS OF THE R3
ZONING DISTRICT.
22. THE DEVELOPER SHALL PAY $750 FOR EACH TOWNHOUSE LOT AS PART OF THEIR
CONTRIBUTION TOWARDS THE COST OF THE WACO STREET INPROVEMENTS.
PRELIMINARY PLA T OF WEST OAKS
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LEOEND
WEST OAKS SECOND ADDITION
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SCALE IN
SCALE: I INCH = 50 FEET
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Sherburne County Coordinate System in which the North
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Range 26 is ossurned to bear North 89°48',35'' West,
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