5.1. SR 01-18-2005
Item # 5.1.
MEMORANDUM
TO: Mayor and City Council
FROM: Chris leeseberg, Planner ~
DATE: january 18, 2005
SUBJECT: Case No. P 04-18
Request by 10-24 Developers for Final Plat Approval (Windsor
Meadows)
Request
Consider a request for the Final Plat of Windsor Meadows.
location
West of Windsor Park and South of Windsor Park 3rd Addition.
Zoningl land Use
R1-a (Single Family Residential) / LR (Low Density Residential)
120 Day Rule
In order to comply with Minnesota Statute 15.99 (60 -Day Requirement), action must be
taken on this request by February 21, 2005
Attachments
. Location Map
. City Engineer's Memo
. Final Plat
Memo to City Council/P 04-18
January 18, 2005
Page 2
Overview
The applicant is proposing a 33 lot single family cluster development on approximately 64-
acres of land. The development will be accessed from Windsor Park yd on the north and
from Windsor Park on the east. There is a proposed connection to the property to the
south and a cul-de-sac street (212th Avenue) that terminates at about the mid point of the
plat.
The project will have a community septic system and individual wells. The septic system will
be located in Oudot B.
The Final Plat is consistent with the Preliminary Plat that was approved on August 16, 2004.
The Parks and Recreation Commission recommended that park dedication be in the form of
cash.
Grading. Drainage and Utilities
Grading, drainage and utilities have been addressed in the City Engineer's memos.
Recommendation
Staff recommends that the City Council approve the Final Plat of Windsor Meadows with
the following conditions:
1. A developers agreement outlining the terms and conditions of the plat
approval and installation of improvements be prepared and executed prior to
releasing the plat for recording.
2. All comments of the City Engineer be shall be addressed.
3. A homeowner's association document is prepared subject to the City
Attorney's review and approval prior to final plat.
4. Street lights shall be installed as required by Elk River Utilities.
5. A letter of credit shall be provided to the city in the amount of 100% of the
costs of the public improvements.
6. Upon completing all of the improvements and having them accepted by the
city, a warranty bond in the amount of 25% ofthe improvement costs shall be
submitted to the city for the period of one year.
7. 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.
8. A sealcoat fee in the amount to be determined by the City Engineer be paid
prior to releasing the plat for recording.
9. A grading and erosion control plan shall be approved by the City Engineer
prior to the issuance of building permits.
10. A development plan shall be approved by the City Engineer prior to the
issuance of building permits.
11. All grading be certified prior to the issuance of building permits.
12. All mailboxes shall be clustered.
S:\PLANNING\Case Files\2004\P 04-18 Windsor Meadows\Final PlacP 04-18.doc
Memo to City Council/P 04-18
January 18, 2005
Page 3
13. Any trees off 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. All disturbed areas shall be graded and seeded.
15. Maintenance and ownership of the outlots shall be the responsibility of the
home owners association and shall be included in the homeowners
association agreement.
16. All appropriate easements shall be shown on the plat.
17. 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 to
continue by the city.
18. The access (212th Avenue) from Windsor Park 1"1 & 2nd Additions shall be
temporarily blocked until the final lift of bituminous is installed and/or 50%
of the homes are occupied.
S:\PLANNING\Case Files\2004\P 04-18 Windsor Meadows\Final PlacP 04-18.doc
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Case Number: P 04-18
10-24 DEVELOPERS (WINDSOR MEADOWS)
~oward R. Green Company
January 12, 2005
File No. 824040J-0240
Mr. Chris Leeseberg
City of Elk River
13065 Orono Parkway
Elk River, MN 55330
RE: WINDSOR MEADOWS
FINAL PLAT REVIEW
Dear Mr. Leeseberg:
As requested, we have reviewed the final plat for the Windsor Meadows. The plat was prepared by
Bogart, Pederson & Associates, Inc. Based on our review; we offer the following comments:
1. Oudots A, Band D show drainage and utility easements across the entire oudots. No
improvements may be constructed within these easements. If in the future homeowners
association wishes to construct a play lot or some other type of amenity the easement will
need to be revised to allow construction.
2. The configuration of Oudot C does not match the configuration shown on the construction
plans dated 12/15/04. The developer should verify that all of the components of the onsite
treatment system are contained within the new boundary of Oudot C shown on the final
plat.
3. Access to the stormwater pond located to the northwest of lots 10 and 11 block 3 will be
difficult. Additional easement, 20 feet in total width, along the rear of block 3 on lots 11
thru 14 should be added to the plat.
If you have any questions regarding any of the comments, please call.
Sincerely,
~r:c01L-
John M. Anderson, P .E.
S:\Engineer\letters\1-12-0S Windsor meadows fmal plat.doc
2550 University Avenue West. Suite 400N · St. Paul, MN 55114 · 651/644-4389 fax 651/644-9446 toll free 888/368-4389
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80 'Srt. Pederson & Associates Inc.
Sheet 2 of 2 Sheets
RESOLUTION NO. 05-
CITY OF ELK RIVER
A RESOLUTION GRANTING FINAL PLAT APPROVAL FOR:
Windsor Meadows
Case No. P 04-18
WHEREAS, application has been made for final plat approval, pursuant to Section
1008.08 (l)(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 16, 2004; 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:
1. 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 and
specialized city, county, and regional plans including, but not limited to, the City's
Comprehensive Development PIan.
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.
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.
3. 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 fue proof of said recording with the City. No building permits will be
issued for the Property until the final plat is recorded.
5. 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 _ day of
,2005.
Stephanie Klinzing, Mayor
S:\PLANNING\Case Files\2004\P 04-18 Windsor Meadows\Resolution Final Plat. doc
Page 2
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 , 2005.
Joan Schmidt, City Clerk
STATE OF MINNESOTA
SS.
COUNTY OF SHERBURNE
The foregoing instrument was acknowledged before me this _ day of
, 2005, by Stephanie Klinzing, Mayor, City of Elk River, Minnesota,
Notary Public
STATE OF MINNESOTA
SS.
COUNTY OF SHERBURNE
The foregoing instrument was acknowledged before me this _ day of
,2005, by Joan Schmidt, City Clerk, City of Elk River, Minnesota.
Notary Public
S:\PLANNING\Case Files\2004\P 04-18 Windsor Meadows\Resolution Final Plat.doc
Page 3
EXHIBIT A
Legal Description
The Northeast Quarter of the Northeast Quarter, and the North Half of the Northwest
Quarter of the Northeast Quarter, and that part of the Southeast Quarter of the Northeast
Quarter, lying North of a line beginning at a point on the East line thereof, a distance of
87.85 feet south of the Northeast corner thereof; thence westerly to terminate at a point on
the West line of said Southeast Quarter of the Northeast Quarter distant 57.80 feet South of
the Northwest corner thereof, all in Section 18, Township 33, Range 26, Sherburne County,
MN.
S:\PLANNING\Case Files\2004\P 04-18 Windsor Meadows\Resolution Final Plat.doc
Page 4
EXHIBIT B
Conditions:
1. A developers agreement outlining the terms and conditions of the plat
approval and installation of improvements be prepared and executed prior to
releasing the plat for recording.
2. All comments of the City Engineer be shall be addressed.
3. A homeowner's association document is prepared subject to the City
Attorney's review and approval prior to final plat.
4. Street lights shall be installed as required by Elk River Utilities.
5. A letter of credit shall be provided to the city in the amount of 100% of the
costs of the public improvements.
6. 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.
7. 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.
8. A sealcoat fee in the amount to be determined by the City Engineer be paid
prior to releasing the plat for recording.
9. A grading and erosion control plan shall be approved by the City Engineer
prior to the issuance of building permits.
10. A development plan shall be approved by the City Engineer prior to the
issuance of building permits.
11. All grading be certified prior to the issuance of building permits.
12. All mailboxes shall be clustered.
13. Any trees off 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. All disturbed areas shall be graded and seeded.
15. Maintenance and ownership of the outlots shall be the responsibility of the
home owners association and shall be included in the homeowners
association agreement.
16. All appropriate easements shall be shown on the plat.
17. 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 to
continue by the city.
18. The access (212th Avenue) from Windsor Park 1st & 2nd Additions shall be
temporarily blocked until the final lift of bituminous is installed and/or 50%
of the homes are occupied.
S:\PLANNING\Case Files\2004\P 04-18 Windsor Meadows\Resolution Final Plat.doc
Page 5