6.2. SR 11-21-1994
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ITEM 6.2.
MEMORANDUM
TO:
MAYOR & CITY COUNCIL
FROM: PAT KLAERS, CITY ~MINISlRATOR
DATE: NOVEMBER 7, 1994 17 ~-
SUBJECT: ADMINISTRATIVE SUBDIVISION BY
TIMOTHY SCHEEL .
Councilmember Scheel requested that Administrative Subdivision, Case No.
AS 94-09, be brought back to the City Council for further discussion. On
10/17/94, Councilmember Holmgren requested that this item be discussed on
11/7/94. Attached for your review are the 6/20/94 City Council minutes when
this administrative subdivision was approved and all of the background
material from that meeting. I believe that Councilmember Scheel would like
to discuss some of the City road requirements associated with this
subdivision.
The City Engineer, City Attorney, City Planner, and myself will all be
present at this Council meeting to help answer any questions from the City
Council.
P.O. Box 490 · 13065 Orono Parkway · Elk River, MN 55330 · (612) 441-7420 · Fax: (612) 441-7425
Elk River City Council IVfinutes
June 20, 1994
Page 8
---------------------
Roger Kostreba questioned whether the City of Elk River would sign the
onditional use permit application.
l' re being no further comments. Mayor Duitsman closed the public hearing.
It was e consensus of the Council that the Mayor would sign the cond' ,
permit a lication.
Councilmem r Dietz indicated that there was considerable at the
Planning Com 'ssion level regarding the Council givi the Boy Scouts
preferential treat nt regarding this issue. He state that no preferential
treatment was given the Boy Scouts completed the tire planning process to
be approved for the pr ' ct.
1.
A SITE. LANDSCAPING AND G ING PLAN BE FINALIZED AND APPROVED
BY STAFF PRIOR TO ISSUANC F /1..' UILDING PERMIT.
EROSION CONTROL BE ILlZED DU~: CONSTRUCTION OF THE BUILDING
AND RECONFIGURAT N OF THE STORM ~.
STORM POND B ESIGNED TO PROVIDE AD'EQUATE CAPACITY TO HANDLE
STORM DRAIN E NEEDS FOR THIS AREA. PLAN5.SHOULD BE REVIEWED AND
APPROVED THE CITY ENGINEER. '\.
AND DRIVEWAY AREAS BE IMPRO~D WITH BITUMINOUS
\\
AUTHORIZED REPRESENTATIVE OF THE CITY OF ELK R.LVER SIGN THE
...
NDlTIONAL USE PERMIT APPLICATION AS THE PROPERTY OWNER.
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THE LEASE AGREEMENT BE STRUCTURED PROVIDING USE OF THE BlJl,~PING BE
LIMITED TO THE BOY SCOUTS OF ELK RIVER AND THAT THERE BE NOl>:QTHER
SUBLEASING OR COMMERCIAL ACTIVITY ASSOCIATED WITH THE MINI
STORAGE FACILITY.
COUNCILMEMBER SCHEEL VED TO APPRO
REQUESTED BY TODD ANDERSO
BOY SCOUTS OF ELK RIVER WITH T
2.
3.
4.
5.
6.
COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0.
9.5. Consider on Administrative Subdivision Reauest bv Timothv Scheel/P.H./Case No.
AS 94-09
Councilmember Scheel stepped down from the dais and took a seat in the audience far
this issue.
Planning Intern Troy Langer stated that Timothy Scheel is requesting on
administrative subdivision to provide a 40 acre parcel into three lots. He
indicated that the original request was to divide the property into two lots.
however. Mr. Scheel has proposed some revisions to the administrative
subdivision. Troy Langer indicated that the new proposal subdivides the property
Elk River City Council Minutes
June 20, 1994
Page 9
---------------------
into three lots with Lot 1 approximately 11 acres; Lot 3 approximately 10 acres;
and Lot 2 with the remaining acreage. He indicated that the new proposal
meets the 10 acre minimum requirement and the 300 front footage minimum
requirement.
Troy Longer explained that there are housing units located on 011 three parcels of
property with one of the units being 0 mobile home. Mr. Longer also indicated
that the City is requesting $900 in park dedication fees. He also indicated that
the City is requesting that the public road access and street right-of-way extend
to the northerly boundary of the property to allow for future access in anticipation
of 0 future subdivision.
Mayar Duitsman opened the public hearing.
Timothy Scheel stated that the revisions were made on short notice because he
was noti'fied of the requirements far the subdivision only 0 few days ago and is just
now completing the process.
Cecilia Scheel explained the confusion in the process which relates to the existing
rood on the property.
There being no further comments from the public, Mayor Duitsman closed the
public hearing.
COUNCILMEMBER DIETZ MOVED TO APPROVE THE ADMINISTRATIVE SUBDIVISION
REQUESTED BY TIMOTHY SCHEEL TO DIVIDE APPROXIMATELY 40 ACRES INTO THREE
PARCELS WITH THE FOLLOWING CONDITIONS:
1. THAT THE PUBLIC ROAD ACCESS AND STREET RIGHT OF WAY EXTEND TO THE
NORTHERLY BOUNDARY OF THE PROPERTY TO ALLOW FOR FUTURE ACCESS
OF PROPERTY IN ANTICIPATION OF FUTURE SUBDIVISION.
2. PROPERTY EASEMENT DOCUMENTS MUST BE PROVIDED TO THE CITY PRIOR TO
RECORDING THIS SUBDIVISION.
3. PAYMENT OF PARK DEDICATION FEES IN THE AMOUNT OF $900 BE PAID TO
THE CITY PRIOR TO RECORDING THE ADMINISTRATIVE SUBDIVISION.
4. AN EXCEPTION TO THE SUBDIVISION REGULATIONS FOR THE ADMINISTRATIVE
SUBDIVISION BE COMPLETED PRIOR TO RECORDING.
COUNCILMEMBER HOLMGREN SECONDED THE MOTION.
Mrs. Scheel indicated that she was hoping that some of the park dedication fees
could be fargiven due to the deeded easement to the City and the existing
homes on each new lot.
Councilmember Farber suggested that the park dedication fees be waived os
the applicants are not putting up any new structures on the newly created
parcels.
Elk River City Councill\1inutes
June 20, 1994
Page 10
---------------------
COUNCILMEMBER DIETZ AMENDED THE MOTION TO DELETE ITEM #3 REGARDING THE
PARK DEDICATION FEES BECAUSE THERE ARE NO ADDITIONAL BUILDINGS PROPOSED
ON THE NEWLY CREATED PARCELS. COUNCILMEMBER HOLMGREN SECONDED THE
AMENDMENT. THE AMENDMENT PASSED 4-0.
THE MOTION AS AMENDED PASSED 4-0.
9.6.
Consider an Administrative Subdivision reauest bv Gerold Sneft/P.H./Case No. AS
94-10 ;'
PI ning AssIstant Gory Schmitz Indicated that Gerald Sneft i0equesting an
ad . istrative subdivision to divide 0 39 acre parcel into 0 10.4 o/re parcel and 0
28.67 re porcellocated at the intersection of County Rood 2)f and Jarvis Street.
Mayor Duit on opened the public hearing. There bein~ one for or against
the matter, M or Duitsman closed the public hearing.
9.7.
COUNCILMEMBER RBER MOVED TO APPROVE THE A, INISTRATIVE SUBDIVISION
REQUESTED BY GERAL SNEFT TO DIVIDE 39 ACRES INT' A 10.4 ACRE PARCEL AND A
28.67 ACRE PARCEL WIT THE FOLLOWING CONDlTIr:
THAT PAYMENT OF P . K DEDICATION FEEStN THE AMCUNT OF $450 BE PAID
TO THE CITY PRIOR TO CORDING. /
COUNCILMEMBER HOLMGREN SEC DEDi MOTION. 1'HE MOTION CARRIED 5-0.
Consider a Conditional Use Permit Re ~st and an associated Variance Reauest
by Richard Lundbero/P.H./Case No. C~-14 and V 94-05
Planning Assistant Gory Schmitz in~di "ed ~. t Mr. Richard Lundberg is requesting
o variance to exceed the me 'mum S;;~f an accessory building and 0
conditional use permit to enc~ ch on the 3 foot setback for on accessory
building containing livestock.. Gory Schmitz 'ndicated that the Planning
Commission concurred with s' ff'S findings on the ariance that hardship could
not be shown and, thereforl recommended denia He further indicated that
the Planning Commission reo ommended approval of t conditional use permit.
Mayor Duitsman opened he public hearing. There be in
the motter, Mayor Duits an closed the public hearing.
COUNCILMEMBER SCH EL MOVED TO APPROVE A CONDITIO
RICHARD LUNDBERG 0 ENCROACH ON THE 300 FOOT S BACK FOR AN
AGRICULTURAL ACCEf SORY BUILDING. COUNCILMEMBER FARBE SECONDED THE
MOTION. THE MOTIO}J CARRIED 5-0.
COUNCILMEMBER FARBER MOVED TO DENY THE VARIANCE REQUEST TO\EXCEED THE
MAXIMUM SIZE OF AN ACCESSORY STRUCTURE IN THE R-l A ZONING DftsTRfCT DUE
TO THE FOLLOWING FINDINGS: \
'\
1. THIS WOULD NOT CAUSE UNDUE HARDSHIP IN THAT THE APPLlCANT~WOULD
~.
STILL HAVE THE ABILITY TO CONSTRUCT A 1,424 SQUARE FOOT DET"ACHED
ACCESSORY BUILDING FOR HIS HORSES.
A./ -"'(
~ity o~
~1I{, River
AGENDA ITEM 9.5
MEMORANDUM
TO:
MAYOR AND CITY COUNCIL
TROY LANGER, PLANNING INTERN .j/
JUNE 20, 1994
FROM:
DATE:
SUBJECT: ADMINISTRATIVE SUBDIVISION
REQUEST BY TIMOTHY SCHEEL,
PUBLIC HEARING, CASE NO. AS 94-09
REQUEST
Timothy Scheel is requesting an administrative subdivision to divide a forty
(40) acre parcel into a 17.01 acre parcel and a 23.27 acre parcel. Both lots are
being proposed to have frontage on 213th Avenue.
LOCATION
"
10271-213 Avenue, .Elk River (southeast corner of the southeast 1/4 of the
southwest 1/4 of Section 12, Township 33, Range 26, Sherburne County, MN).
ZONING / LAND USE
Al (Agricultural Conservation District)/ OS (Open Space) and A (Agriculture)
ATTACHMENTS
Location Map, Zoning Map, Land Use Map, Survey
DIMENSIONAL REGULATIONS
The property is zoned A-I, which requires a minimum lot size of 10 acres
with 300 feet of frontage. According to the submitted survey, Mr. Scheel is
proposing to subdivide a forty (40) acre parcel to create a 17.01 acre parcel
(East Parcel) and a 23.27 acre parcel (\Vest Parcel). After reviewing City
records and receiving comments from Sherburne County Auditors office, the
parcel under consideration is actually eighty (80) acres in size. Staff
recommends Mr. Scheel complete an exemption to the subdivision regulation
to create approximately two forty (40) acre parcels and be consistent with the
submitted survey.
P.O. Box 490 · 13065 Orono Parkway · Elk River, MN 55330 · (612) 441-7420 . Fax: (612) 441-7425
Timothy Scheel
June 20, 1994
Page 2
ACCESS
Currently, access to the lot is via a private driveway. It is unclear where
public street ends and private driveway begins. The City of Elk River has
maintained snow removal of this private drive. J\1r. Scheel is proposing to
dedicate an easement for street-right-of-way to extend 213th Avenue to
provide access to both proposed parcels. Therefore, whatever confusion there
may have been in the past relative to the status of the road will be cleared up
with this application.
In addition, as part of this subdivision request, it would be appropriate to
have the roadway easement be extended to the northerly limits of the
proposed subdivision. Even though the street will not be constructed (i.e.,
bituminous surface), an easement will be in place for any future subdivision
to the north.
ZONING
The area is currently zoned A-I, Agricultural Conservation. Both proposed
parcels meet the minimum lot size requirement. City Code requires a three-
hundred (300) foot setback of all accessory structures in an A-I zoned district.
The proposal indicates that an accessory structure, a barn, is within fifty (50)
feet from a proposed street right-of-way easement.
There are existing housing units located on both the East and West Parcels.
The proposed East Parcel contains an existing housing structure and a
mobile home unit. All housing units were located on the lot prior to the
City's annexation of the property. Current code requirements only allow one
housing structure per lot. Therefore, to meet City Codes, one of the
structures would need to be removed from the easterly parcel or further
subdivided to create a third parcel. The current housing structures would be
considered legal non-conforming uses until further subdivision of the
property, removal of an existing housing structure, or damage of greater than
50% occurs to an existing housing structure. City records indicate that a
building permit has been issued for remodeling of the northerly housing
structure.
Located on the proposed West Parcel is a portion of a large wetland, as well
as a single family home. Staff does not anticipate the wetland as an issue
with this subdivision.
scheel. troy
Timothy Scheel
June 20, 1994
Page 3
PARK DEDICATION
The City of Elk River has, in the past, accepted land, when subdivision
occurs, for park land dedication or money in lieu of the land. The Park and
Recreation Commission recommend a payment of $450 for the creation of a
new parcel.
RECOMMENDATION
It is recommended the City Council approve the administrative subdivision
request by Timothy Scheel to divide approximately 40 acres into one 17.01
acre parcel (East Parcel) and one 23.27 acre parcel (West Parcel) with the
following conditions:
1) PUBLIC ROAD ACCESS AND STREET RIGHT-OF-WAY
EXTEND TO THE NORTHERLY BOUNDARY OF THE
PROPERTY TO ALLOW FOR FUTURE ACCESS OF
PROPERTY IN ANTICIPATION OF FUTURE
SUBDIVISION. PROPER EASEMENT DOCUMENTS BE
PROVIDED TO THE CITY PRIOR TO RECORDING THE
SUBDIVISION.
2) ONLY ONE HOUSING UNIT BE ALLOWED PER LOT.
THEREFORE, REMOVAL OF THE MOBILE HOME
STRUCTURE, HOUSING UNIT STRUCTURE LOCATED
ON THE PROPOSED EAST PARCEL, OR SUBDIVIDE
THE FORTY (40) ACRES IN A MANNER LEGITIMIZING
ALL HOUSING UNITS.
3) PAYMENT OF PARK DEDICATION FEES IN THE
AMOUNT OF $450 BE PAID TO THE CITY PRIOR TO
RECORDING THE ADMINISTRATIVE SUBDIVISION.
4) AN EXCEPTION TO THE SUBDIVISION REGULATIONS
FOR THE ADMINISTRATIVE SUBDIVISION BE
COMPLETED PRIOR TO RECORDING.
scheel. troy
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June 20, 1994
RE: Administrative subdivision request by Timothy Scheel,
public hearing, case no. AS 94-09
To begin, I'd like to give you a little background on the events
that have preceded this council meeting.
A little over two years ago, we brought the first survey to
the zoning office with the intent of subdividing this property.
We were working with Steve Rohlf at the time. Steve made some
recommendations, which included the building of a cuI de sac.
We made the changes and put in a cuI de sac at a cost of over
$2000.00. We. gave him an updated survey in April, 1992.
After sometime, I contacted the zoning office to find out our
next step in subdividing the property. The project was then
being taken over by Steve Ach. He was not aware of the first
survey we had given the zoning office so we gave him a second
copy.
In April of this year, I met with Steve Ach again and he recommended
some more changes to the survey. We h~d these changes done
and back to Steve by the end of April. At this point we were
led to believe that we had met with all the criteria needed
for the subdivision and we paid our $150.00 application fee
and $150.00 engineering fees and we were put on the agenda for
tonights council meeting. This was two months ago.
On June 15, Troy Langer, of the zoning office, called me and
said that in order to have the subdivision take place, I would
have to satisfy the recommendations listed on page 3 of the
memorandum in front of you. The most disturbing being #2 _
the removal of the mobile home structure, which houses my brother
and his two little girls.
Now, we have been working on this for over two years. My wife
and I have been putting every spare dime into remodeling this
house for ourselves and our four children. Meanwhile, we've
been living with my parents. At the same time, we've been putting
money into road construction and survey fees. At this point,
we have submitted three surveys in an attempt to satisfy the
zoning office. It has cost us $1985.00 in survey fees and it
appears that we may be needing a fourth. I would like to point
out that on all surveys brought to the zoning office, both the
house and trailer have been present on our proposed property.
Neither Steve Rohlf or Steve Ach have ever said that was unaccept-
able.
j
page 2
admin. sub.
Timothy Scheel
Which brings us to tonight. I am standing before you with a
plan that is suddenly unacceptable, unless I can satisfy the
recommendations given by the zoning office, which I was notified of
four days ago. (Turn to recommendations)
#1 - Public road access
I'm being asked to give up 3/4 of an acre of land for an
easement to the northern boundary of the property. At a cost
of $2500.00 - 3500.00 an acre, this works out to be about
$2250.00.
#2 - Removal of mobile home or subdivide property in a different
manner
I will not ask my brother and his little girls to move
off of the farm - the only home they've ever known. Thus,
it looks like we will have to subdivide in a different
fashion - of which I will elaborate on in a moment.
#3 - Payment of $450.00 park dedication fee
I understand that land has been given up to the city,
in the past, in lieu of the fee. I would think that a
$2200.00 easement would more than satisfy that requirement.
1
#4 - I understand that this is merely an incidental, requiring
only a signature. I hope this is true.
Three out of the four items are fairly simple for us to take
care of, one of the four requires greater consideration.
Because we will not ask my brother to leave, we've decided we
would subdivide in an alternate manner. Last night, we sat
down with my parents and carne up with a different idea which
would leave the trailer on my parents property and still give
us a 10+ acre parcel of land. It looks like this:
To summarize, we've spent a great deal of time, energy, money
and patience to get, what we thought, was a minor task accomplished.
After over two years of planning with the zoning office, saving
and spending money, we find out four days ago that, as it stands,
our proposal is unacceptable. Thus, we are asking you to accept
our new plan for subdivision and accept the 3/4 acre easement
in lieu of the $450.00 park dedication fee.
been slightly increased in area to accommodate some of the storm
drainage needs of the business park north of 183rd Avenue. This pond
will be immediately adjacent to the single family homes that will be
constructed along the north side of 182nd Avenue. It is anticipated that
this pond will have side slopes with a maximum of 4-1 side slopes down to
the water edge. Based on these proposed slopes, it is not anticipated that
this pond will have to be fenced. Rather, it will be able to be incorporated
as an aesthetically pleasing pond for the development.
When this preliminary plat was submitted to the City Council there was
discussion on both sides whether a fence is necessary or not. The City
Council may wish to discuss this further at Monday night's meeting.
. The final plat has labeled the northerly street as Orono Parkway. This
will need to be verified and may have to change to be consistent with
183rd Avenue immediately to the west.
. Outlot A and that portion of Outlot B which lies between Lot 12, Block 3
and Lot 1, Block 4 should be eliminated. These identified locations are
needed to extend utilities through the plat, however, should be identified
as drainage and utility easements. The concern with leaving these
corridors identified as outlots is that there is no direct ownership by either
of the adjacent properties, therefore, in a sense they are "no man's land"
that may not be maintained and become public nuisances.
RECOMMENDATION
It is recommended that the City Council approve Resolution No. 94-
approving final plat for Country Crossing 2nd Addition, subject to the sixteen
(16) conditions outlined in Exhibit B.
.
RESOLUTION NO. 94 -
CITY OF ELK RIVER
A RESOLUTION GRANTING FINAL PLAT APPROVAL FOR:
COUNTRY CROSSINGS 2ND ADDITION
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 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 July 18, 1994; 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.
The following voted against the Resolution:
.
The following were absent:
Page 2
.
WHEREUPON the resolution is adopted.
Passed and adopted this _ day of
,1994
Henry 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 , 1994.
WITNESS my hand officially as such Clerk and the corporate seal of the
City this _ day of , 1994.
.
Sandra Thackeray, City Clerk
STATE OF MINNESOTA
SS.
COUNTY OF SHERBURNE
The foregoing instrument was acknowledged before me this _ day of
, 1994, by Henry Duitsman, Mayor, City of Elk River,
Minnesota.
Notary Public
.
Page 3
.
STATE OF MINNESOTA
SS.
COUNTY OF SHERBURNE
The foregoing instrument was acknowledged before me this _ day of
, 1994, 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, MN 55431
.
Page 4
.
EXHIBIT A
That part of the Southwest Quarter of the Southwest Quarter of Section 32,
Township 33, Range 26, lying west of the Westerly line of the duly recorded plat
of Country Crossing, said County.
.
TOGETHER WITH that part of the Northwest Quarter of said Southwest Quarter
of Section 32 lying south of a line described as Commencing at the Northwest
corner of said plat of COUNTRY CROSSING; thence South 89 degrees 36
minutes 50 seconds West along the South line of said Northwest Quarter of the
Southwest Quarter for a distance of 247.96 feet to the actual Point Of Beginning
of the line to be hereby described; thence northwesterly along a non-tangential
curve, concave to the northeast, radius 251.00 feet, for a central angle of 22
degrees 37 minutes 49 seconds and length 99.14 feet (the chord of said curve
bears North 59 degrees 09 minutes 46 seconds West); thence northwesterly and
westerly along a tangential reverse curve, concave to the southwest, radius
330.00 feet, for a central angle of 42 degrees 45 minutes 00 seconds and length
246.22 feet; thence South 89 degrees 24 minutes 09 seconds West, tangent to
said curve, for a distance of 675.44 feet, more or less, to intersect with the West
line of said Northwest Quarter of the Southwest Quarter and there terminate said
line. For the purposes of this description the South line of said Southwest
Quarter of the Southwest Quarter is assumed to bear North 89 degrees 44
minutes 14 seconds East.
.
Page 5
. EXHIBIT B
1. TERRY MAURER'S MEMO DATED JUNE 15, 1994, BE INCORPORATED INTO THE
REVISED PRELIMINARY PLAT AND DEVELOPMENT PLANS.
2. THE PRELIMINARY PLAT WILL BE ALLOWED TO HAVE ONE ACCESS POINT
ONTO COUNTY ROAD NO. 30 AND THAT ACCESS POINT ALIGN WITH
MACON STREET SOUTH OF COUNTY ROAD NO. 30.
3. THE DEVELOPER SUBMIT A PLAN TO THE CITY IDENTIFYING THE LOCATION OF
ALL MAIL BOXES AND DETAIL ILLUSTRATING THE UNIFORM MAIL BOX DESIGN
THAT WILL BE USED THROUGHOUT THE PLAT.
4. THE DEVELOPER PROVIDE A LANDSCAPE PLAN TO THE CITY FOR APPROVAL
ILLUSTRATING BERMING AND LANDSCAPING ALONG COUNTY ROAD NO. 30
AND JOPLIN STREET. SAID PLAN SHOULD CONSIST OF A COMBINATION OF
CONIFERS AND SHRUBS WHICH WILL HELP BUFFER AND PROVIDE AN
AESTHETIC STREET SCAPE.
5. FINAL PLAT INCLUDE A RESTRICTED ACCESS ALONG COUNTY ROAD NO. 30.
6. THE EXISTING HOMESTEAD AND ALL ASSOCIATED OUT BUILDINGS BE
REMOVED FROM THE PROPERTY PRIOR TO RECORDING THE FINAL PLAT.
7. DEVELOPER GRANT THE NECESSARY DRAINAGE AND UTILITY EASEMENTS TO
. FACILITATE THE EXTENSION OF PUBLIC UTILITIES TO SERVE THIS PROPERTY AND
THE WESTERN AREA.
8. A GRADING PLAN BE REVIEWED AND APPROVED BY THE CITY ENGINEER
PRIOR TO COMMENCING GRADING ON SITE.
9. A DEVELOPMENT PLAN BE SUBMITTED ILLUSTRATING TYPES OF HOMES AND
LOWEST FLOOR ELEVATIONS AND BE APPROVED BY THE CITY ENGINEER
PRIOR TO ISSUING BUILDING PERMITS.
10. NECESSARY TRAIL CORRIDORS BE PROVIDED WITHIN THE PLAT AS APPROVED
BY THE CITY COUNCIL.
11. A DEVELOPERS AGREEMENT BE PREPARED AND EXECUTED PRIOR TO
RELEASING THE FINAL PLAT FOR RECORDING.
12. ONE 2" CALIPER OVERSTORY TREE BE PROVIDED EVERY SIXTY (60) LINEAL FEET
THROUGHOUT THE PROPOSED SUBDIVISION. THESE TREES SHOULD BE
IDENTIFIED ON THE PROPOSED LANDSCAPE PLAN SUBMITTED PRIOR TO
RELEASING THE FINAL PLAT FOR RECORDING.
13. A STORM WATER IMPACT FEE OF $100 PER LOT BE PAID PRIOR TO RELEASING
THE FINAL PLAT FOR RECORDING.
14. PAYMENT FOR SEAL COATING THE STREETS IN THE AMOUNT AS DETERMINED
BY THE CITY ENGINEER BE PAID PRIOR TO RECORDING THE PLAT.
.
Page 6
.
15.
A TREE PRESERVATION PLAN BE SUBMITTED IDENTIFYING EXISTING TREES THAT
WILL BE MOVED DURING CONSTRUCTION.
16. OUTLOT A AND THAT PORTION OF OUTLOT B LYING BETWEEN LOT 1, BLOCK 4
AND LOT 12, BLOCK 3 BE ELIMINATED. THIS AREA CAN BE MADE PART OF
ADJACENT LOTS AND HAVE A DRAINAGE AND UTILITY EASEMENT RATHER
THAN THE OUTLOT.
.
.
Page 7
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