6.4. SR 09-19-2005
Item # 6.4.
MEMORANDUM
DATE:
Mayor and City Council
Scott Harlicker, Senior Plann~
September 19, 2005
TO:
FROM:
SUBJECT:
Case No. P 05-18
Request by Phoenix Enterprises for Final Plat Approval for
Eagles Marsh rd Addition
Request
Consider a request by Phoenix Enterprises for final plat approval for Eagles Marsh 2nd
Addition
Location
The property is located on the east side of I<Jievers Marsh, north of Park Point and south of
I<Jiever Lake Fields.
Zoning/Land Use
R1c (Single Family Residential) / DR (Urban Density Residential)
Attachments
. Location Map
. Preliminary Plat
. Final Plat
. Memo from the City Engineer
. Resolution No. 05-_
Eagles Marsh 2nd Addition/P 05-18
September 19,2005
Page 2
Overview
Background
The applicant is proposing to final plat a portion Eagle's Marsh into 17 single family lots. On
August 20, 2001 the City Council approved the preliminary plat for Eagles Marsh. The
preliminary plat included 39 single family lots and a lot for a municipal water tower. On the
same night the Council approved the fInal plat for Eagles Marsh. The final plat included
platting the lot for the water tower and granted the City access to the tower. No single family
lots were included in the final plat. On September 6, 2005, the Council approved an
extension of the preliminary plat approval that allowed the applicant to move forward to
final plat Eagles Marsh 2nd Addition.
Analysis
Lot Layout
The fInal plat includes 7 lots in the northwest comer of the plat and 10 lots along the east
side of the plat, north of the water tower. Eagles Marsh abuts Kliever's Marsh, which is
classifIed as an environmental lake by the DNR and is therefore subject to the Shoreland
Ordinance. The Shoreland Ordinance requires that all non-riparian lots (lots not directly
adjacent to the lake) have a minimum lot size of 20,000 square feet. The proposed 17 lots
comply with the Shoreland Ordinance and are consistent with the approved preliminary plat.
Four outlots are also proposed; Outlots A and C will be platted as part of future phases, and
Outlots Band D will be deeded to the City.
Street Layout
The right-of-way for a portion of Lincoln Street and all of Johnson Street are proposed to be
platted. One thousand feet of right-of-way for Lincoln Street in the northwest corner of the
plat and Johnson Street from the north to the south boundaries of the plat will be platted.
Johnson Street will connect to I<Jiever Lake Fields on the north and Park Point on the
south. Lincoln Street will connect to I<Jiever Lake Fields on the north and will terminate in a
temporary cul de sac on the south. The remainder of Lincoln Street will be platted in a
future phase. The street layout is consistent with the approved preliminary plat.
Park and Recreation
The plat includes Outlot B, which consists of a portion of I<Jievers Marsh and 3.5 acres of
usable land, for park dedication. The total park dedication requirement for this plat is 3.96
acres. The plat should be revised to increase the usable area in Outlot B. The additional land
should be provided between the southeast comer of Outlot C and the wetland.
Grading. Drainage and Utilities
Grading, drainage and utility issues are addressed in the City Engineer's memo.
S:\PLANNING\Case Files\2005\P 05-18 Eagles Marsh 2nd\p05-16CC9-19fmal.doc
Eagles Marsh 2nd Addition/P 05-18
September 19, 2005
Page 3
Recommendation
Staff recommends that the city Council adopt the attached Resolution No. OS-_
granting final plat approval for Eagles Marsh 2nd 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 LETTER 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 SUBMITTED 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.
9. GRADING AND EROSION CONTROL PLAN AND DVELOPMENT PLAN BE SUBMITTED AND
APPROVED BY 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
UTI LTII ES.
12. WATER AVAILABILTY CHARGE BE PAID PRIOR TO RELEASING THE PLAT FOR RECORDING.
13. ALL NECESSARY TRUNK SANITARY AND WATER ASSESSMENT, AND LATERAL WATER
ASSESSMENTS BE PAID PRIOR TO RELEASING THE PLAT FOR RECORDING.
14. 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.
S:\PLANNING\Case Files\2005\P 05-18 Eagles Marsh 2nd\p05-16CC9-19fmal.doc
Eagles Marsh 2nd Addition/P 05-18
September 19, 2005
Page 4
15. 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 THE FENCING PRIOR TO GRADING COMMENCING.
16. THE DEVELOPER SHALL BE RESPONSIBLE FOR MARKING PARK BOUNDARIES WITH THE
CITY'S PARK BOUNDARY SIGNS.
17. SIDEWALKS SHALL BE INSTALLED ALONG ONE SIDE OF EACH OF THE STREETS.
18. STAFF AND THE DEVELOPER SHALL WORK TO DEVELOP A GRADING PLAN AND TREE
PRESERVATION PLAN THAT WILL SAVE AS MANY TREES ON THE SITE AS POSSIBLE.
19. OUTLOTS BAND D SHALL BE DEEDED TO THE CITY. THE ACRES OF UPLAND AREA IN
OUTLOT B WILL BE COUNTED TOWARDS MEETING THE PARK DEDICATION REQUIREMENT.
THE REMAINDER OF THE PARK DEDICATION REQUIREMENT SHALL BE CASH.
S:\PLANNING\Case Files\2005\P 05-18 Eagles Marsh 2nd\p05-16CC9-19final.doc
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Location Map
Case Number: P 05-18
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13065 Orono Parkway
Elk River, MN 55330
September 12, 2005
File: 226-088P
Mr. Scott Harlicker
Senior Planner
City of Elk River
13065 Orono Parkway
Elk River MN 55330
RE: EAGLES MARSH SECOND ADDITION
Dear Mr. Harlicker:
As requested, we have reviewed the final plat for Eagles Marsh Second Addition as prepared
by Rum River Land Surveyors, Inc. As you are aware, Eagles Marsh is located in Eastern
Elk River between CSAH 12 and 175th Avenue. The elevated water tower is located on Lot
1, Block 1 Eagles Marsh First Addition. When the preliminary plat and first addition were
accomplished to facilitate the water tower placement, the sanitary sewer and watermain were
placed in Johnson Street, the easterly north-south street. The final plat of the second
addition plats eight additional lots on Johnson Street and seven lots on Lincoln Street, which
is the westerly north-south street. The remainder of the site is platted into four outlots. The
layout of the second addition follows the approved preliminary plat.
Based upon our review we would recommend approval of the fmal plat of Eagles Marsh
Second Addition. If you have any questions regarding this project, please call.
Sincerely,
;;;;;~
TerryJ. Maurer, PE
City Engineer
Phone: 763.635.1000
Fax: 763.635.1090
. . S: \PLANNING\Case Files \2005\P 05-18 Eagles Marsh 2nd\09 12 05 engr's memo.doc
www.c1.elk-rrver.mn.us
RESOLUTION NO. OS-
CITY OF ELK RIVER
A RESOLUTION GRANTING FINAL PLAT APPROVAL FOR:
Eagles Marsh 2nd Addition
Case No. P OS-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 20,2001; and
WHEREAS, the City Council granted an extension to the preliminary plat approval
on September 6, 2005; and
WHEREAS, the proposed [mal 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 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.
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 file 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 19th day of September, 2005.
Stephanie Klinzing, Mayor
ATTEST:
Page 2
Joan Schmidt, City Clerk
Page 3
EXHIBIT A
Legal Description:
Outlots A, B, C and D Eagles Marsh, according to the recorded plat thereof, Sherburne
County, Minnesota.
Page 4
EXHIBIT B
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 LETIER 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 SUBMITIED 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.
9. GRADING AND EROSION CONTROL PLAN AND DVELOPMENT PLAN BE SUBMITTED AND
APPROVED BY 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
UTI LTII ES.
12. WATER AVAILABILTY CHARGE BE PAID PRIOR TO RELEASING THE PLAT FOR RECORDING.
13. ALL NECESSARY TRUNK SANITARY AND WATER ASSESSMENT, AND LATERAL WATER
ASSESSMENTS BE PAID PRIOR TO RELEASING THE PLAT FOR RECORDING.
14. 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.
Page 5
15. 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 THE FENCING PRIOR TO GRADING COMMENCING.
16. THE DEVELOPER SHALL BE RESPONSIBLE FOR MARKING PARK BOUNDARIES WITH THE
CITY'S PARK BOUNDARY SIGNS.
17. SIDEWALKS SHALL BE INSTALLED ALONG ONE SIDE OF EACH OF THE STREETS.
18. STAFF AND THE DEVELOPER SHALL WORK TO DEVELOP A GRADING PLAN AND TREE
PRESERVATION PLAN THAT WILL SAVE AS MANY TREES ON THE SITE AS POSSIBLE.
19. OUTLOTS BAND D SHALL BE DEEDED TO THE CITY. THE ACRES OF UPLAND AREA IN
OUTLOT B WILL BE COUNTED TOWARDS MEETING THE PARK DEDICATION REQUIREMENT.
THE REMAINDER OF THE PARK DEDICATION REQUIREMENT SHALL BE CASH.
Page 6
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