7.14. SR 02-27-1995~lk River ~:
FROM:
DATE:
MEMORANDUM
Mayor and City Council
ITEM**7. 14**
Steven B. Ach, City Planner-,~~~~~~-
February 27, 1995
SUBJECT: Consider Granting Extension For
Preliminary Plat Approval -
Mississippi Oaks, Case No. P 93-5
Issue
The developer is requesting the City Council consider granting extension for
preliminary plat approval-Mississippi Oaks Second Addition.
Attachments
• Letter from the developer requesting extension for preliminary plat approval,
excerpt from Subdivision Ordinance.
Oueruiew
The City Council originally granted preliminary plat approval for Mississippi
Oaks on April 19, 1993. At that time the preliminary plat consisted of 155
single family lots and was anticipated to be platted in approximately 5
phases. Final plat for the first phase of 37 lots was granted by the City
Council on 5/17/93.
Similar to the previous request by the developer of Meadowvale Heights staff
does not believe the conditions or long range plans for this area have changed
to warrant further review, therefore, would support the developers request
for an extension to their preliminary plat approval.
Recommendation
It is recommended the City Council grant an extension to preliminary plat
approval for Mississippi Oaks.
•
s:council:p93-5
13065 Orono Parkway • P.O. Box 490 • Elk River, MN 55330 • (612) 441-7420 • Fax: (612) 441-7425
F EB 2 1 1995
john Oliver S~ Associates, Inc.
Civil Engineering
• Land Surveying 580 Dodge Avenue, Elk River, MN SS330
LandPianntng (612) 441-2072 • Fax: 441-5665
February 17, 1995
Mr. Steve Ach, City .Planner
City. of Elk. River
.13065 Orono Parkway.
.Elk River, MN 55330
Re MISSISSIPPI OAKS
...Dear Mr. Ach:
On behalf of our client, Mr. Gordon Moldenhauer, we .are 'requesting
a time extension for approval of the preliminary plat of
Mississippi Oaks.
We are currently working on phase .two of this project. This phase
generally lies south of -the first phase.
.Sincerely,
• .JOHN OLIVER & ASSOCIATES, INC.
L nn P. Caswell, L.S..
Pr dent
LPC/bjh
cc: Gordon Moldenhauer
File: 6521.20-03
Diek 27 - HISSOARS.217 -
•
~lffices in Etk River ~ ~ur~.svi~~i~
S~~rs~ IDOB.v~(~)(c;
date of the public hearing, unless the subdivider
shall consent on the record to a continuance.
• iv. Except as otherwise
provided herein, upon
request of the City Clerk, after the Planning
Commission has submitted its recommendation on the
plat, the City Council as the Platting Authority
shall make its decision within sixty (60) days of the
date of the Planning Commission hearing unless the
subdivider shall consent on the record to a
continuance.. It may, by resolution setting forth
findings and reasons for its decision,:
(a} Grant approval of the preliminary plat; with
or without modification, and without conditions,
or with such conditions as the Council may deem
necessary or desirable upon making the findings
set forth in Section 1008.08(1)(d} of this
Ordinance; or
(b} Refer the preliminary plat to the
appropriate City staff, officers or departments
for further investigation and report to the
Council at a specified future. meeting thereof; or
(c} Reject the preliminary plat.
• v. Approval of the preliminary plat is an
acceptance of the general layout submitted and
indicates to the subdivider that he may proceed
toward approval of the final plat in accordance with
the resolution granting preliminary approval and the
terms of this ordinance.
vi. Subsequent to approval of the preliminary plat
and prior to approval of the final plat, the
subdivider shall submit engineering plans,
satisfactory to the City Administrator,~for all
required improvements.
( c . ) Final Plat .
i. Within one (1} year after the date of City
Council approval of the preliminary plat, the
subdivider or owner shall file ten (10} copies of the
final plat with the City Clerk. If the final plat is
not filed within said period, the preliminary plat
will be considered void unless for good cause shown
an extension is requested in writing by the
subdivider and granted by the City Council.
ii. The plat must be consistent with the preliminary
• plat as approved by the City Council or it will be
sent back to Planning Commission and City Council for
preliminary plat review.
10.20
City Council Minutes Page 12
May 17, 1993
7.7. Consider Final Plat of Mississippi Oaks (Phase One) by Irv
Moldenhauer (Case No. P-93-05)
Steve Rohlf indicated that Irv Moldenhauer, developer of
Mississippi Oaks is requesting final plat approval of the first phase
which will contain 37 single family lots. Discussion was held
regarding the proposed park for the plat. It was noted that the park
is proposed to be included in phase 4 and 5 of the plat of Mississippi
Oaks. Councilmember Holmgren indicated he is not, comfortable with the
park being in phases 4 and 5. He felt the park should be included in
the earlier phases of the plat as there will be several lots created
and people who would use the park prior to phases 4 and 5.
Mayor Duitsman requested that the park issue be referred to the Park
and Recreation Commission for review and recommendation.
COUNCILMEMBER HOLMGREN MOVED TO APPROVE PHASE I OF MISSISSIPPI OAKS
ADDITION WITH THE STIPULATION THAT THE PARK AND RECREATION COMMISSION
REVIEW THE LOCATION, SIZE AND TIMING OF THE PARK AND THAT THE PARK BE
APPROVED PRIOR TO FINAL PLAT REVIEW OF THE SECOND PHASE AND FURTHER,
THAT THE FINAL PLAT OF THE FIRST ADDITION BE APPROVED WITH THE
FOLLOWING STIPULATIONS:
1. THAT THERE BE NO CONNECTION OF RIVERVIEW DRIVE TO THE EXISTING
RIVERVIEW DRIVE IN PALMER'S ADDITION AT THE PRESENT TIME.
2. THE CITY ENGINEER PREPARES THE PLANS AND SPECS FOR ROAD, SEWER,
WATER, AND STORM DRAINAGE.
3. PARK DEDICATION
A. TRAIL - A 20' WIDE TRAIL MUST BE DEDICATED FROM THE SOUTH END
OF THE TRAIL IN HERITAGE LANDING TO THE EXISTING RIGHT-OF-WAY
OF RIVERVIEW DRIVE.
B. PARK DEDICATION FEES - THE 37 LOTS IN THE FIRST PHASE OF
MISSISSIPPI OAKS MUST PAY PARK DEDICATION FEE AT A RATE OF
$400.00 PER LOT FOR A TOTAL OF $14,400 FOR THE 36 ADDITIONAL
LOTS CREATED MINUS CREDIT FOR A PORTION OF TRAIL DEDICATED.
4. A DEVELOPMENT PLAN IS APPROVED BY STAFF PRIOR TO RECORDING THE
PLAT.
5. THAT THE FOLLOWING PERMITS ARE OBTAINED: DEPARTMENT OF HEALTH FOR
THE EXTENSION OF WATER; MPCA FOR THE EXTENSION OF SEWER; NPDES
FOR GRADING; DNR FOR DEWATERING; AND ARMY CORPS OF ENGINEERS
FOR THE SEDIMENTATION POND, IF NECESSARY.
6. THAT 17' OF ADDITIONAL RIGHT-OF-WAY IS DEDICATED TO THE COUNTY
ALONG COUNTY ROAD 30.
• 7. PROVISIONS ARE MADE TO ACCOMMODATE THE EXTENSION OF URBAN SERVICES
TO THE EXCEPTION SHOWN IN THE NORTHWEST CORNER OF THE PLAT.
City Council Minutes
May 17, 1993
Page 13
8. A DEVELOPERS AGREEMENT IS ENTERED INTO REFLECTING THE STIPULATIONS
OF APPROVAL.
9. A LETTER OF CREDIT IN THE AMOUNT OF 100$ OF THE COST OF THE
IMPROVEMENTS IS PROVIDED BY THE DEVELOPER PRIOR TO RECORDING THE
PLAT.
10. THE COMPLETION DATE FOR THE IMPROVEMENTS IN THE PLAT IS ONE YEAR
FROM THE DATE OF FINAL PLAT APPROVAL.
11. THE DEVELOPER MUST REIMBURSE THE CITY FOR THE ESTIMATED COST OF
REVIEWING THE PLAT PRIOR TO FINAL PLAT REVIEW.
12. EASEMENTS NEEDED TO ACCOMPLISH STORM DRAINAGE (PIPING AND THE
SEDIMENTATION POND) OUTSIDE OF THE BOUNDARIES OF MISSISSIPPI OAKS
FIRST ADDITION, ARE PROVIDED BY THE DEVELOPER PRIOR TO RECORDING
THE PLAT.
13. THE DEVELOPER PAY THE CITY FOR THE FIRST SEAL COATING OF THE ROAD
IN THE FIRST ADDITION, AS ESTIMATED BY THE CITY ENGINEER; PRIOR TO
RECORDING THE PLAT.
14. THE DEVELOPER PAY THE NEW WATER AVAILABILITY CHARGE OF $300 PER
LOT FOR THE 37 LOTS CREATED PRIOR TO RECORDING THE PLAT.
• COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 5-0.
7.8. Acce t Feasibility and Order Plans and Specifications for Mississippi
Oaks
Terry Maurer stated that the feasibility study was initiated by
petition. from the property owner Irv Moldenhauer. The improvements
listed in the feasibility study include sanitary sewer, water service,
storm drainage, site grading, and street improvements to Phase I of the
Mississippi Oaks development. He stated that the developer has waived
his rights to a public hearing for these improvements.
COUNCILMEMBER FARBER MOVED TO ADOPT RESOLUTION 93-25, A RESOLUTION
RECEIVING THE FEASIBILITY STUDY AND ORDERING THE IMPROVEMENTS AND
PREPARATION OF PLANS AND SPECIFICATIONS IN THE MATTER OF THE
MISSISSIPPI OAKS PHASE I IMPROVEMENT OF 1993. COUNCILMEMBER HOLMGREN
SECONDED THE MOTION. THE MOTION CARRIED 5-0.
7.9. Request for Additional Model Homes in Heritage Landing by Dennis
Chuba and Richard Kincanon
Steve Rohlf indicated that Dennis Chuba and Richard Kincanon,
developers of Heritage Landing, have been authorized to have six model
home sites prior to the improvements in the plat being completed. He
indicated that since that authorization, the developers have requested
an additional four model homes as they will- be having ten builders
participating in the plat. Terry Maurer, City Engineer, indicated that
there is always a potential for conflicts between the home builders and
the project contractors. He indicated that he would need cooperation