7.1. SR 12-19-2005
Item #-.L.l.
MEMORANDUM
TO: Mayor and City Council
FROM:
Chris leeseberg, Planner 4::.
DATE: December 19,2005
SUBJECT: Case No. P 05-17
Request by Robert Van Den Berg for Final Plat (Van Den Berg
Addition)
Request
The applicant is requesting Final Plat for Van Den Berg Addition.
location
17797 Tyler Street
Zoningl land Use
R3 (Townhouse) / OS (Open Space)
Attachments
.
Location Map
Memo from City Engineer
Resolution No. OS-_
Final Plat
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Planning Department Mission: the orderly development of a livable and sustainable Elk River community.
City Council / P 05-15
December 19, 2005
Page 2
Overview
The plat will consist of ten lots with a cul-de-sac street approximately 300-feet in length.
The property is bound by Trott Brook Farms South & Trott Brook Crossing subdivisions to
the north and east, and Hillside City Park to the east. A single family residence exists on
what will be Lot 5 Block 1.
The Final Plat is consistent with the approved Preliminary Plat.
Recommendation
Staff and the Planning Commission recommend the City Council approve the request with
the following conditions:
1. All comments of the City Engineer shall be addressed.
2. All required subdivision/park information shall be provided in an electronic
format (.dwg file) as required by the City Ordinance and Land Use
Application prior to recording of the plat.
3. A seal coat fee shall be paid, at the rate applicable at the time of final plat
approval, prior to releasing the plat for recording.
4. A letter of credit in the amount of 100% of the cost of the improvements shall
be submitted prior to the releasing of the plat for recording.
5. The applicant shall execute a developer's agreement outlining the terms and
conditions of approval.
6. Park dedication shall be in the form of cash at the rate applicable at the time
of final plat approval.
7. A plan needs to be submitted that indicates the lot sizes as well as the style
and elevation of the homes.
8. The lots need to be a minimum of 12,000 square feet.
9. The pole building shall be removed by the developer prior to recording the
plat.
10. The plat will have to comply with the landscape requirements.
11. The plat shall comply with the R3 zoning requirements.
s: \PLANNING\ Case Files\2005\P 05-17 VanDenBerg\P 05-17 _CC-Final Plat.doc
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TRAil S IFGEND
Location Map
EXISTING PAVED TRAIL
_ _ _ _ _ FUTURE TRAIL
EXISTING SIDEWALK
_ _ _ _ _ FUTURE SIDEWALK
_ _ _ _ _ FUTURE WIDENED SHOULDER
1r
N
Case Number: P 05.17
VAN DEN BERG
13065 Orono Parkway
Elk River, MN 55330
December 9, 2005
File: 226-094P
Mr. Chris Leeseberg
Planner
City of Elk River
13065 Orono Parkway
Elk River, MN 55330
RE: VAN DEN BERG ADDITION
FINAL PLAT
Dear Mr. Leeseberg:
As requested, we have reviewed the final plat for the Van Den Berg Addition. As you are aware, this plat
includes a short cul-de-sac on 17Sth Circle which had sanitary sewer and water improvements installed
several years ago. There will be five lots on the cul-de-sac and an additional five lots on existing Tyler
Street. The lots on Tyler Street already have permanent street in front of them and sanitary sewer and
water services have been extended to each of these potential lots with a previous project. The final plat is
similar to the approved preliminary plat; therefore, we would recommend approval of the final plat.
There are several issues that should be addressed in the Development Agreement for this final plat. They
are as follows:
1. The former driveway for the Van Den Berg property exiting onto CSAH 12 should be removed and
replaced with barrier curb and boulevard immediately in the spring of 2006.
2. The plat should pay a seal coat impact fee of $750.00.
3. It is my understanding that Mr. Van Den Berg has a potential buyer for the entire plat. As you are
aware, Mr. Van Den Berg has a homestead on lot 5 and a pole building which falls on lot 6. We
understand that the buyer may want to utilize the entire parcel as a homestead for some period of
time before selling off lots. The Developer's Agreement should clearly spell out that the lots will not
be considered buildable until a minimal housepad has been graded into each lot and a development
plan submitted, reviewed, and approved. Lot 6 it will also require removal of the pole barn.
Phone: 763.635.1000
Fax: 763.635.1090
www.cLelk-river.mn.us
S:\Engineer\2005 Letters\12 0905 Van Den Berg.doc
If you have any questions regarding any of the comments, please call.
Sincerely,
~pt~
Terry J. '-hurer
City Engineer
S:\Engineer\2005 Letters\12 09 05 Van Den Berg.doc
RESOLUTION NO. 05 -
CITY OF ELK RIVER
A RESOLUTION GRANTING FINAL PLAT APPROVAL FOR:
Van Den Berg Addition
Case No. P 05-17
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
October 17,2005; 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.
Mayor Klinzing, Councilmembers Morin, Dietz, Farber, and Gumphrey
The following voted against the Resolution: None
The following were absent: None
WHEREUPON the resolution is adopted.
Passed and adopted this 19th day of December, 2005.
Stephanie Klinzing, Mayor
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 December 19, 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
Page 3
EXHIBIT A
LEGAL DESCRIPTION
The land referred to is situated in the State of Minnesota, County of Sherburne, and is
described as follows:
That part of the Southeast Quarter of the Northwest Quarter of Section 2, Township 32 North, Range 26 West, described as foilows:
Commencing at the Northeast corner of said Southeast Quarter of the Northwest Quarter; thence on an assumed bearing of South. 1
degree .17 minutes 13 seconds West, along the East line thereof, a distance of 430.84 feet to the actual point of beginning .of the
land to be described; thence North 88 degrees 42 minutes 47 seconds West a distance of 272.86 feet; thence Southwesterly a
distance of 67.79 feet along a nontangential curve concave to the Northwest having a radius of 330.00 feet, a central angle of 11
degrees 46 minutes 12 seconds and the chord of said curve bears South 58 degrees 17 minutes 28 seconds West; thence
Southwesterly and Southerly a distance of 406.12 feet along a tangential reverse curve concave to the Southeast having radius of
370.00 feet, a central angle of 62 degrees 53 minutes 21 seconds and the chord of said curve bears South 32 degrees 43 minutes
53 seconds West; thence South 1 degree 17 minutes 13 seconds West! tangent to said curve,. a distance of 152.65 feet: thence
Southerly. Southeasterly and Easterly a distance of 269.78 feet along a tangential. curve concave .to .the Northeast having a radius of
170.00 feet and a central angle of.90 degrees 55 minutes 36 seconds: thence South 89 degrees 38 minutes 23 seconds East,
tangent to said curve, a distance of 111.57 feet: thence Easterly and Southeasterly a distance of 69.74 feet along a tangential curve
concave to the Southwest having a radius of 105.00 feet and a central angle of 38 degrees 03 minutes 15 seconds; thence North
38 degrees 24 minutes 52 seconds East, not tangent to said curve, a distance of 218;84 feet; th.ence. South 89 degrees 38.minutes
23 seconds East a distance of 49.54 feet to the East line of said Southeast Quarter of the Northwest Quarter: thence North 1
degree 17 minutes 13 seconds East, along said East line, a distance of 533.02 feet to the point of beginning.
Page 4
EXHIBIT B
Conditions:
1. All comments of the City Engineer shall be addressed.
2. All required subdivision/park information shall be provided in an electronic
format (.dwg file) as required by the City Ordinance and Land Use
Application prior to recording of the plat.
3. A seal coat fee shall be paid, at the rate applicable at the time of final plat
approval, prior to releasing the plat for recording.
4. A letter of credit in the amount of 100% of the cost of the improvements shall
be submitted prior to the releasing of the plat for recording.
5. The applicant shall execute a developer's agreement outlining the terms and
conditions of approval.
6. Park dedication shall be in the form of cash at the rate applicable at the time
of final plat approval.
7. A plan needs to be submitted that indicates the lot sizes as well as the style
and elevation of the homes.
8. The lots need to be a minimum of 12,000 square feet.
9. The pole building shall be removed by the developer prior to recording the
plat.
10. The plat will have to comply with the landscape requirements.
11. The plat shall comply with the R3 zoning requirements.a
Page 5
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