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6.5. SR 09-19-2005 Item #6. 5 . MEMORANDUM TO: Mayor and City Council FROM: Chris Leeseberg, Planner DATE: September 19,2005 SUBJECT: Case No. P OS-II Request by Dennis Wurm for a Final Plat - Kingdom Estates 2nd Request Consider the Final Plat of Kingdom Estates 2nd, Addition. Location 10511 209th Ave North of County Road 33 at the Olson Street alignment Zoningl Land Use Rla (Single Family Residential) / RR (Rural Residential) 120 Day Rule In order to comply with Minnesota Statute 15.99 (120 - Day Requirement), action must be taken on this request by October 25, 2005 Attachments . Location Map Memo from City Engineer Final Plat Resolution No. 05-_ . . . Planning Department Mission: the orderly development of a livable and sustainable Elk River community. City Council/ P 05-11 September 19, 2005 Page 2 Overview The proposed Final Plat is an extension of the existing Kingdom Estates subdivision. It will consist of 14-lots along a cul-de-sac street. A connection to the west is being provided along 214th Avenue for future development. The fInal plat is consistent with the approved preliminary plat. Recommendation Staff recommends the City Council approve the request with the following conditions: 1. ALL COMMENTS OF THE CITY ENGINEER SHALL BE ADDRESSED. 2. A SEALCOAT FEE SHALL BE PAID PRIOR TO RELEASING THE PLAT FOR RECORDING. 3. A LETTER OF CREDIT IN THE AMOUNT OF 100% OF THE COST OF THE IMPROVEMENTS SHALL BE SUBMITTED PRIOR TO RELEASING THE PLAT FOR RECORDING. 4. THE APPLICANT SHALL EXECUTE A DEVELOPER'S AGREEMENT OUTLINING THE TERMS AND CONDITIONS OF APPROVAL. 5. PARK DEDICATION SHALL BE IN CASH FOR 14 LOTS. 6. THE PLAT SHALL COMPLY WITH THE RiA SETBACK REQUIREMENTS. 7. A SIGN SHALL BE PLACED AT THE 214TH AVENUE CUL-DE-SAC TO ADVISE FUTURE PROPERTY OWNERS OF ITS TEMPORARY STATUS, AND THAT A FUTURE ROAD CONNECTION IS PLANNED. S: \pLANNING \ Case Files \200S\P 05-11 Kingdom Estates 2nd\P OS-II_Final Plat.doc c J{ 13 E 13 L A R Y r I \ I' TRAILS LEGEND I I ~(PRIVATE) I- ~ (N 08",1 AVENUE ( EXISTING SIDEWALK . . . . . . . . FUTURE SIDEWALK 000000000000000000 EXISTING PAVED TRAIL - - - - - FUTURE PAVED TRAIL 000000000000000 FUTURE TRAIL ..... . . .. ..... . . _ FUTURE WIDENED SHOULDER - dILLS ~ " ~. r==- ~ r : /. ~ s t,;;~ ~~ I Wi 11 12 3 F=' ~ ~ [1; w~ I " ~ If I .-- NLY - BEAVE~ 207n- I "n" '" \~~~ .ILLS ~ tl(r ~ -- ~t= ~ J ) SITE , .JL2Ji.. 1 '" z o '" s! >- w w i" '" jf 0-.. ~ 15/" ~ 'I'C~P) ~ hL CLIL TY _""An I .. 13 '" '" ~ :J - - ?\\ r ;; z '" Z :t: Il 20aTH AVENUE o M' "TV ..~ L -~~~ l \ ~=; ~,~"" ~"'ftI'V _~ ,,(.~ LtfY n ( Location Map <1f N Case Number: P 05-11 DENNIS WURM 13065 Orono Parkway Elk River, MN 55330 September 8, 2005 File: 226-078P Mr. Chris Leeseberg City of Elk River 13065 Orono Parkway Elk River MN 55330 RE: KINGDOM ESTATES SECOND ADDITION FINAL PLAT Dear Mr. Leeseberg: As requested, we have reviewed the final plat for Kingdom Estates Second Addition as prepared by Bogart, Peterson & Associates, Inc. Based upon our review we would offer the following comments: 1. The lot lines have been adjusted to get a larger buildable area in Lot 10, Block 1 to satisfy the condition placed on the preliminary plat. 2. 20-foot wide drainage and utility easements are sho'WIl do'WIl both side lot lines of Lot 11, Block 1 where storm sewer piping is proposed. 3. A condition on the preliminary plat was to provide an easement for a future trail. That type of easement cannot be provided on the final plat, but a condition of the final plat should be that those easement documents be provided such that they can be recorded immediately after the recording of the final plat. I have discussed with the developer and his engineer that the trail easement should be a minimum of 20 feet wide following generally the wetland delineation boundary. The 20-foot width should allow sufficient space to get construction equipment into the easement to construct a trail at a future date. If you have aIlY questions regarding any of these comments, please call. Sincerely, ~WIf~ T~rry Mafg, ~E City Engineer Phone: 763.635.1000 Fax: 763.635.1090 S:\PLANNING\Case Files\2005\P 05-11 Kingdom Estates 2nd\09 08 05 engr's memo.doc www.cLelk-river.mn.us RESOLUTION NO. 05- CITY OF ELK RIVER A RESOLUTION GRANTING FINAL PLAT APPROVAL FOR: Kingdom Estates 2nd Addition Case No. P 05-11 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 15, 2005; 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 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 _ day of , 2005. Stephanie Klinzing, Mayor s: \PLANNING \ Case Files \2005\P 05-11 Kingdom Estates 2nd\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 2005. 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\2005\P 05-11 Kingdom Estates 2nd\Resolution Final Plat.doc Page 3 EXHIBIT A Legal Description: Lot 3, Block 2 and Outlot C, KINGDOM ESTATES, according to the recorded plat thereof, Sherburne County, Minnesota s: \PLANNING \ Case Files \2005\P 05-11 Kingdom Estates 2nd\Resolution Final Plat.doc Page 4 EXHIBIT B Conditions: 1. ALL COMMENTS OF THE CITY ENGINEER SHALL BE ADDRESSED. 2. A SEALCOAT FEE SHALL BE PAID PRIOR TO RELEASING THE PLAT FOR RECORDING. 3. A LETTER OF CREDIT IN THE AMOUNT OF 100% OF THE COST OF THE IMPROVEMENTS SHALL BE SUBMITTED PRIOR TO RELEASING THE PLAT FOR RECORDING. 4. THE APPLICANT SHALL EXECUTE A DEVELOPER'S AGREEMENT OUTLINING THE TERMS AND CONDITIONS OF APPROVAL. 5. PARK DEDICATION SHALL BE IN CASH FOR 14 LOTS. 6. THE PLAT SHALL COMPLY WITH THE RiA SETBACK REQUIREMENTS. 7. A SIGN SHALL BE PLACED AT THE 214TH AVENUE CUL-DE-SAC TO ADVISE FUTURE PROPERTY OWNERS OF ITS TEMPORARY STATUS, AND THAT A FUTURE ROAD CONNECTION IS PLANNED. s: \PLANNING\Case Files\2005\P 05-11 Kingdom Estates 2nd\Resolution Final Plat.doc Page 5 - - - - - ~.;!~~ - - -----~0~~ -- .('~ \(). '\ '"t '" 01,. .t~~ , CJ) t--b~ " , , , , , , , e: , "'- r ~ ~ : 0 ~ ....-r-- g: , , , J,1/1 ./ , , , , , : / , :/ -I ,. , 1111 , . ... 1 / / ,~ 4_ ..... r- I I~- " / " ,r- 1\11-- I 'L_ ... I / I " '-t I , , , L_ West line of E 1/2 of the NE 1/4 of Sec. 14, Twp. JJ, Rng. 26 1 - - Also. the West fine of l.ot J. Block 2. KINGDOM E:5TA TES , , , 1450.30 338.86 -" ,- 388.55 ..: ~ " , - '" ~ - " ", '^ '" ,,' ~ ~JI' ........ ./ , , --- ..."r- \ I /' " 1/ " ,...- 'f -J~ ,1--131'1 - <:. ~>. 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