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7.11. SR 06-21-1993 'tyof J!:l ITEM 7.11. TO: MAYOR & CITY COUNCIL @ I FROM: STEPHEN ROHLF, B & Z ADMINISTRATOR DATE: JUNE 16, 1993 ~)( SUBJECT: FINAL PLAT REVIEW OF THE FIRST PHASE OF MEADOWVALE HEIGHTS BY DENNIS BACKES (CASE # P-93-04) The first phase of Meadowvale Heights consists of 49 City sewered and watered lots. Many of the stipulations placed on the preliminary plat have been satisfied. The following are the recommended stipulations for final plat approval: 1. Wetlands - The developer has delineated the wetlands and provided joint notification to the required State agencies. Staff is still awaiting comments from these other agencies before the Technical Evaluation Panel reviews a mitigation plan. A permit will also be required from the Army Corps of Engineers. In this first phase, the developer is proposing to fill a portion of the wetland in the location of 193rd Avenue in the southeast corner of the plat. Staff feels it is appropriate to fill this wetland to keep 193rd Avenue in the plat lined up with 193rd Avenue east of Meadowvale Road. Lot 7, Block 5, was made into one large lot instead of the two originally proposed so that no wetland needs to be filled to create this lot. This is also the case with the wetland between Lots 5 & 6, Block 5. STAFF RECOMMENDS FINAL PLAT APPROVAL IS CONTINGENT UPON APPROVAL OF AN ARMY CORPS OF ENGINEERS PERMIT TO FILL THE WETLAND IN QUESTION, AN APPROVAL BY THE TECHNICAL EVALUATION PANEL OF THE PROPOSED MITIGATION PLAN, AND THAT THE COST OF MITIGATION IS COVERED UNDER THE LETTER OF CREDIT. 2. FINAL PLAT APPROVAL IS CONTINGENT UPON THE FOLLOWING PERMITS: a. DEPARTMENT OF HEALTH PERMIT for the extension of water b. AN MPCA PERMIT for the extension of sewer; c. A DNR PERMIT for dewatering, if necessary; d. A CONSTRUCTION PERMIT from the Sherburne County Engineering Department to access Meadowvale Road. P.o. Box 490 0) 13065 Orono Parkway G Elk River, MN 55330 €l (612) 441-7420 @ Fax: (612) 441-7425 Final Plat, Meadowvale Heights June 16, 1993 Page 2 --~--~-~--~--~~--~~--~~~--~~-- Preliminary plat approval also included an NPDES permit from MPCA for grading. The State has suspended this permit until January 1, 1994, so it will not be required. 3. County Ditch County Ditch 28 crosses the western 40 acres of Mrs. Barnier's property which is not included in this first phase. However, drainage from this phase will ultimately end up in that ditch. County Ditch 31 also crosses the southern 40 acres of Mrs. Barnier's property. Staff has been working with the County regarding these issues. STAFF RECOMMENDS: a. NO INCREASED RUNOFF BE ALLOWED FROM THIS PLAT TO EITHER COUNTY DITCH 28 OR 31. b. THE COUNTY, WITH THE BENEFIT OF THE CITY ENGINEER'S REVIEW AT THE DEVELOPER'S EXPENSE, APPROVES THE DRAINAGE PLAN. Preliminary plat indicated this must be done prior to final plat approval. Staff believes the developer will have it accomplished prior to Monday night's meeting. If not, final plat approval could be contingent upon the County approving the drainage plan prior to recording the plat. Failure by the developer to gain County approval of this plan could result in the redesign of the plat. c. THE DEVELOPER WORK WITH THE COUNTY REGARDING A REDISTRIBUTIONMENT AND POSSIBLE REDETERMINATION OF FUTURE DITCH ASSESSMENTS ONTO THE INDIVIDUAL LOTS IN THE PLAT PRIOR TO RECORDING IT. Staff has been working with Kathy Heaney of the County Attorney's Office who is satisfied with this condition. The developer will have to enter into an agreement with the County prior to recording the plat. d. THE DEVELOPER IS RESPONSIBLE FOR WHATEVER IMPROVEMENTS ARE NEEDED TO THE DITCH SYSTEM TO HANDLE THE DRAINAGE FROM THE PLAT. e. THE DEVELOPER GRANTS THE COUNTY RIGHTS, IN A FORM DETERMINED BY THE COUNTY, TO THE DITCH IN THE SOUTHEAST CORNER OF THE PLAT (DITCH 31) PRIOR TO RECORDING. It appears the County will be requesting a 30 foot wide easement. 4. OUTLOT A AND B ARE DEDICATED TO THE CITY. 5. A DEVELOPMENT PLAN, ROAD PLAN, GRADING AND DRAINAGE PLAN ARE APPROVED BY THE CITY ENGINEER. These plans appear to be appropriate. Terry Maurer, City Engineer, is finalizing his review and will report to the Council on Monday night. A stipulation on the preliminary plat Final Plat, Meadowvale Heights June 16, 1993 Page 3 stated that these plans had to be approved prior to final plat. If they are not found to be appropriate by Monday night, the Council could place a stipulation on final plat that they are approved prior to recording the plat. However, the developer would have to be aware that changes to these plans could result in a redesign of his plat. 6. ALL SITE GRADING NEEDED TO ACCOMPLISH DRAINAGE IS DONE BY THE DEVELOPER PRIOR TO CITY ACCEPTANCE OF THE IMPROVEMENTS IN THE PLAT. 7. THE DEVELOPER GAIN APPROVAL FROM UNITED POWER ASSOCIATION FOR THE CONSTRUCTION OF THE ROAD WITHIN THEIR EASEMENT. The developer has gotten preliminary approval from United Power Association. 8. Park The Park and Recreation Commission has reconsidered the issue of parks within this plat. They are in agreement with the developer on what is proposed, which includes: a. THE WESTERN 40 ACRES OF MRS. BARNIER'S ORIGINAL 120 ACRES BE DEDICATED AS PARK. b. A 20 FOOT WIDE TRAIL BETWEEN OUTLOT A AND OUTLOT B BE DEDICATED (shown on Page 2 of the plat). c. A 20 FOOT WIDE TRAIL BETWEEN LOT 21, BLOCK 1, AND LOT 6, BLOCK 2, BE DEDICATED. d. SEVENTY FEET OF RIGHT-OF-WAY ON ELGIN COURT AND 195TH AVENUE, TO ACCOMMODATE A TRAIL, BE DEDICATED. e. A 20 FOOT WIDE TRAIL BETWEEN LOTS 4 & 5, BLOCK 3, BE DEDICATED. f. THE ABOVE LISTED STIPULATIONS ARE IN LIEU OF ALL PARK DEDICATION FEES FOR THE FIRST AND SECOND PHASE OF THIS PLAT. 9. THE CITY ENGINEER DESIGNS THE SEWER AND WATER LINES FOR THIS PLAT. The developer has escrowed for these plans and specs and the City Engineer is close to being finished. 10. THE DEVELOPER PROVIDES TEMPORARY EASEMENTS ACCEPTABLE TO THE CITY ENGINEER FOR TEMPORARY TURNAROUNDS FOR ELGIN COURT ON THE NORTH END OF THE PLAT AND ELGIN DRIVE ON THE SOUTH END OF THE PLAT PRIOR TO RECORDING. 11. IMPROVEMENTS IN THE PLAT ARE COMPLETED WITHIN ONE YEAR FOLLOWING THE DATE OF FINAL PLAT APPROVAL. 12. PRIOR TO RECORDING THE PLAT, THE DEVELOPER PROVIDE THE CITY WITH A LETTER OF CREDIT FOR 100% OF THE ESTIMATED Final Plat, Meadowvale Heights June 16, 1993 Page 4 COST OF THE IMPROVEMENTS IN THE PLAT, INCLUDING THE COST OF WETLAND MITIGATION. FURTHER, THAT A 25% WARRANTY BOND IS REQUIRED FOR A ONE YEAR PERIOD FOLLOWING CITY ACCEPTANCE OF THE IMPROVEMENTS IN THE PLAT. 13. ALL THE STIPULATIONS OF THE APPROVAL OF THIS PLAT ARE AGREED TO THROUGH A DEVELOPERS AGREEMENT PRIOR TO RECORDING THE PLAT. 14. THE DEVELOPER PAY FOR THE FIRST SEAL COATING OF THE ROADS IN THE PLAT, AS ESTIMATED BY THE CITY ENGINEER, PRIOR TO RECORDING THE PLAT. 15. THE DEVELOPER PAY A WATER AVAILABILITY CHARGE OF $300 PER LOT TO THE ELK RIVER MUNICIPAL UTILITIES PRIOR TO RECORDING THE PLAT, WHICH WOULD TOTAL $14,700 FOR THE 49 LOTS. 16. LOT 5, BLOCK 3, BE RENUMBERED SO THAT IT IS INCLUDED IN BLOCK 4.