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5.3. SR 03-01-1993 ITEM 5. 3. TO: MAYOR AND CITY COUNCIL FROM: STEPHEN ROHLF, BUILDING AND ZONING ADMINISTRATOR DATE: FEBRUARY 22, 1993 5Je SUBJECT: FINAL PLAT FOR CHERRYHILL BLUFFS BY RICHARD FOSTER CherryHil1 Bluffs is a plat consisting of 10 single family lots with City sewer and water. The property lies within a Planned Unit Development (PUD). In September, 1992, the City Council gave preliminary plat approval to this plat and approval of a conditional use permit, which is needed due to the PUD zoning. These approvals were granted with several conditions. The following is an update on these conditions and other issues related to this plat: . 1. Setbacks: The developer was given preliminary plat approval for a 30 ft front yard setback, a 10 ft side yard setback on the house side, a 6 ft side yard setback on the garage side, and a 10 ft rear setback. The 6 ft side yard setback on the garage side was also allowed in Hillside Estates. It is permissible to vary from the setbacks as Hillside Estates and CherryHil1 Bluffs lie within land zone PUD where flexibility is possible. Staff suggests we see how this~' setback works in these plats and amend City ordinanQe, if appropriate. 2. Preliminary plat approval was contingent upon an easement vacr5!-tion for that portion of the former right-of-way of 193rd Avenue that is no longer needed as right-of-way. . That easement vacation is before the Council at this same meeting. . 3. The final plat drawing includes an easement that can be used as an overflow for the pond in the City park west of DQQge Avenue (in Deerfield 4th Addition). Staff suggests this over flow piping is installed by the City prigr to houses being constructed on Lots 1 and 2, Block 3 of the plat. The work would take place in the front yards of these lots. Staff will elaborate more on this Monday night. 4. Another stipulation on preliminary plat was that a development plan (which includes such items such as garage elevations, lowest floor elevations, lot drainage plans, etc.) be approved by staff prior to final plat approval. This has not been accomplished as of the date of this memo. However, since approval 720 Dodge Avenue N.W., Elk River, Minnesota 55330 (612) 441-7420 Final Plat, CherryHill Bluffs February 22, 1993 . . . Page 2 of this development plan is more of a staff function than City Council, staff feels final plat can be approved without the development plan as long as the development plan is approved by staff prior to building permit issuance. This development plan is to include a specific house plan for Lot 1, Block 3, because of the steep slopes and special construction concerns pertaining to that lot. This house plan has been provided and is acceptable. Modifications of this plan would take staff approval prior to building permit issuance. 5. Preliminary plat approval was contingent in Park Dedication fee be paid for the 10 lots created at $350.00 per lot. Credit been given for one existing lot making the at $350.00 per lot ($3150). upon $3,500 additional should have fee 9 lots 6. Sewer and water improvements for the plat, other than stub-ins, were either in place or accomplished through the improvements needed for Hillside Estates. The developer wanted the assessments for the improvements for Hillside Estates spread across the CherryHill Bluffs lots also. There has been an agreement entered into between the City and the developer to accomplish this. This agreement does not cover the $3,800 per acre trunk fee proposed to be charged against CherryHill Bluffs. This trunk fee comes to $1,045.00 per lot. Payment of this fee will need to be agreed to through the developer's agreement for the plat. The trunk facilities that will initially serve CherryHill Bluffs are considered temporary. Permanent trunk facilities for the plat are part of the overall improvements needed in this area. 7. Monies will not be collected for the first seal coating for the roads adjacent to this plat. The reconstruction of Dodge Street and 193rd Avenue were done as part of the improvements to Hillside Estates and sealcoating monies were collected through that plat. Additional street lights will not be required as part of this plat either. 8. An emphasis by the developer is to be placed on preserving trees during construction. Slopes in excess of 30% are to be placed in easements to protect the natural vegetation. The final plat drawing reflects easements on these slopes. 9. The conditional use permit has been approved for this plat which is required because it is zoned PUD. . . . Final Plat, CherryHil1 Bluffs February 22, 1993 Page 3 Staff recommends that a developer's agreement be entered into which acts as the PUD agreement also. Staff recommends approval of the final plat of CherryHill Bluffs with certain stipulations. There is a resolution attached to this memo approving this final plat which references the appropriate stipulations. . . . RESOLUTION NO. 93 - CITY OF ELK RIVER A RESOLUTION GRANTING FINAL PLAT APPROVAL TO C,HRRRYHTT ,T, RT.TTFFS WHEREAS, application has been made for final plat approval, pursuant to Section 1008.08(1) (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 final 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 September 2. 1992; 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 two years 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: 2. . . . The following voted against: The following were absent: Whereupon the resolution is adopted. Passed and adopted this ____ day of , 1992. Hank Duitsman, Mayor 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 1993. WITNESS my had officially as such Clerk and the corporate seal of the City this ____ day of , 1993. Sandra Thackeray, City Clerk STATE OF MINNESOTA ss. COUNTY OF SHERBURNE The foregoing instrument was acknowledged before me this day of , 1993, by Hank Duitsman, Mayor, City of Elk River, Minnesota. Notary Public 3. STATE OF MINNESOTA SSe ~ COUNTY OF SHERBURNE The foregoing instrument was acknowledged before me this day of , 1993, by Sandra Thackeray, City Clerk, City of Elk River, Minnesota. ~ ~ Notary Public THIS INSTRUMENT WAS DRAFTED BY: LARKIN, HOFFMAN, DALY & LINDGREN, Ltd. 1500 Norwest Financial Center 7900 Xerxes Avenue South Bloomington, Minnesota 55431 (PKB) 4. PKB:HX8s EXHIBIT A . LEGAL DESCRIPTION: Part of the west half of the southeast quarter, Section 27, Township 33, Range 26, Sherburne County, Minnesota. . . . . . EXHIBIT B 1) House setbacks: 30 ft front, 10 ft rear, 10 ft side {house), and 6 ft. side (attached garage). 2) The plat is contingent on an easement vacation for a portion of 193rd Avenue. 3) Development plan approved by staff pr~or to building permit issuance. 4) $3,150 Park Dedication fees. 5) $3,800 per acre trunk sewer and water fee. 6) Developer must preserve trees as much as feasible and all natural vegetation must be preserved on slope in excess of 30% in the plat. 7) Developer's Agreement being entered into reflecting stipulations of approval which also acts as a PUD Agreement.