6.4. SR 10-21-2002Item # 6.4.
City
MEMORANDUM
TO:
FROM:
Mayor and City Council
Scott Harlicker, Senior Planner
DATE:
October 2 I, 2002
SUBJECT:
Case No. P 02-12
Request by Contour Excavating for Final Plat - Birchview
Addition
Request
Consider a request by Contour Excavating for the final plat of Birchview, a five single family
lot plat.
Location
20737 Quincy Street (County Road 33) at the 207th Avenue alignment
Zoning/Land Use
Rla (Single Family Residential) / LR (Low Density Residential)
Attachments
Location Map
Preliminary Plat
Final Plat
Memo from the City Engineer
Resolution No. 02-
The Park and Recreation Commission recommended cash to meet the park dedication
requirement.
Recommendation
Staff recommends that the City Council approve the attached Resolution No. 02-
granting final plat approval for Birchview with the following conditions:
1. THERE WILL BE NO ACCESS FROM LOT 1 TO COUNTY ROAD 13.
2. ALL COMMENTS OF THE CITY ENGINEER SHALL BE ADDRESSED.
3. STREET LIGHTS SHALL BE INSTALLED AS REQUIRED BY ELK
RIVER MUNICIPAL UTILITIES.
4. A SEALCOAT FEE SHALL BE PAID PRIOR TO RELEASING THE
PLAT FOR RECORDING.
5. A LETTER OF CREDIT IN THE AMOUNT OF 100% OF THE COST OF
THE IMPROVEMENTS SHALL BE SUBMITTED PRIOR TO
RELEASING THE PLAT FOR RECORDING.
6. THE APPLICANT SHALL EXECUTE A DEVELOPER'S AGREEMENT
OUTLINING THE TERMS AND CONDITIONS OF APPROVAL.
7. UPON COMPLETING ALL OF THE IMPROVEMENTS AND HAVING
THEM ACCEPTED BY THE CITY, A WARRANTY BOND IN THE
AMOUNT OF 25% OF THE IMPROVEMENT COSTS SHALL BE
SUBMITTED TO THE CITY FOR THE PERIOD OF ONE YEAR.
8. A SURFACE WATER MANAGEMENT FEE IN THE AMOUNT
REQUIRED BY THE CITY AT THE TIME OF FINAL PLAT BE PAID
PRIOR TO RELEASING THE PLAT FOR RECORDING.
9. A GRADING AND EROSION CONTROL PLAN BE APPROVED BY
THE CITY ENGINEER PRIOR TO THE ISSUANCE OF BUILDING
PERMITS.
10. A DEVELOPMENT PLAN BE APPROVED BY THE CITY ENGINEER
PRIOR TO THE ISSUANCE OF BUILDING PERMITS.
11. A TREE PRESERVATION PLAN BE APPROVED PRIOR TO
RELEASING THE PLAT FOR RECORDING.
12. ANY TREES OFF SITE OR ON SITE, NEAR THE LIMIT OF GRADING
THAT ARE TO BE PRESERVED, SHALL BE FENCED WITH A SNOW
FENCE AT THE DRIP LINE TO PREVENT GRADING,
COMPACTION, OR STORAGE OF EQUIPMENT, DEBRIS OR
MATERIALS. STAFF SHALL INSPECT FENCING PRIOR TO
GRADING COMMENCING.
13. THE PARK AND RECREATION COMMISSION WILL REQUIRE FOR
PARK DEDICATION PURPOSES, CASH DEDICATION TO BE PAID AT
THE RATE REQUIRED BY THE CITY PRIOR TO RELEASING THE
PLAT FOR RECORDING.
14. ALL MAILBOXES SHALL BE CLUSTERED.
15. ALL COMMENTS OF THE COUNTY PUBLIC WORKS DEPARTMENT
SHALL BE ADDRESSED.
16. THAT THE APPLICANT COMPLIES WITH THE WETLAND
CONSERVATION ACT AND THAT:
A TECHNICAL EVALUATION PANEL REVIEW ANY FILLING OR
MITIGATION OF WETLANDS.
· THE DEVELOPER'S AGREEMENT FOR THE PROJECT INCLUDE
LANGUAGE THAT PLACES THE RESPONSIBILITY OF THE
SUCCESS OF THE WETLAND MITIGATION ON THE DEVELOPER.
· THE DEVELOPER OBTAIN ALL THE APPLICABLE PERMITS PRIOR
TO FILLING ANY WETLANDS.
· A RESTRICTIVE COVENANT AND DRAINAGE AND UTILITY
EASEMENT BE RECORDED ON THE WETLAND MITIGATION
AREAS WITH THE RECORDING OF THE FINAL PLAT.
· THAT A LETTER OF CREDIT BE PROVIDED TO THE CITY IN THE
AMOUNT OF 100% OF THE COSTS OF PUBLIC IMPROVEMENTS
INCLUDING THE COST OF THE MITIGATION WORK.
· THAT THE DEVELOPER SUBMIT A WRITTEN MONITORING
REPORT ON THE REPLACEMENT WETLANDS ONE YEAR AFTER
THIS MITIGATION WORK IS COMPLETED AND THAT THIS
REPORT BE APPROVED BY CITY STAFF PRIOR TO RELEASING
THE LETTER OF CREDIT.
· THE SWALE FOR RUN-OFF FROM THE EASTERN PORTION OF
THE ROAD SHALL BE BUILT WITH A DIKE ACROSS IT (MINIMUM
ONE FOOT HIGH) TO TRAP SEDIMENT PRIOR TO DISCHARGING
INTO THE NATURAL WETLAND ON THE PROPERTY AND/OR A
PORTION OF IT IS DEEPENED TO SERVE THE SAME PURPOSE. A
PAD FOR CLEANING THE TRAPPED SEDIMENT SHALL ALSO BE
CONSTRUCTED ADJACENT TO WHATEVER IS SUED FOR THIS
PURPOSE.
17. THE NAME OF THE STREET SHALL BE CHANGED TO 207TM
CIRCLE.
Howard R, Green Qompany
October 16, 2002
File: 818270J-0240
Mr. Scott Harlicker
Senior Planner
City of Elk River
13065 Orono Parkway
Elk River, MN 55330
RE:
BIRCHVIEW ADDITION
FINAL PLAT
Dear Mr. Harlicker:
As you requested, we have reviewed the final plat for the Birchview Addition. Based on our review,
we would offer the following comments:
The drainage and utility easement along the west side of Lot 1, Block 1, adjacent to County
Road 33 needs to be widened to 20 feet. The construction and grading plans show a
wider than normal roadside ditch, necessitating the wider drainage and utility easement.
The grading plan shows a 16.5-foot wide wetland buffer stdp along the west side of the
existing wetland. This buffer stdp falls in Lot 2, Block 3. The buffer should be included in
the drainage and utility easement provided over the wetland.
The drainage and utility easement on Lot 3, Block 1, has been extended over to the
common lot line between Lot 3 and 4. This extension is in response to a comment
regarding drainage that flows from Lot 4 to the wetland area in Lot 3. The building area on
Lot 3 is north of the drainage and utility easement. Therefore, a portion of the driveway
serving Lot 3, Block 1, will need to be constructed through the drainage and utility
easement.
More drainage and utility easement should be provided on Lot 5, Block 1, just south of the
cul-de-sac. The grading plan shows drainage being swaled across this comer outside of
the required drainage and utility easement. A wider drainage and utility easement should
be provided, which would encompass this drainage pattern.
Approximately the eastemmost 200 feet of the proposed road drains through a catch basin
located in the cul-de-sac to the wetland. Them is no pond shown on the grading plan prior
to the street drainage discharging to the existing wetland. A small ponding area should be
included to provide quality control for the water discharging to the wetland. More drainage
and utility easement is likely needed in this area to allow a small ponding area to be
constructed.
Ltr-101602-Harlicker
1326 Energy Park Drive · St. Paul, MN 55108 · 651/644-4389 fax 651/644-9446 toll free 888/368-4389
Mr. Harlicker
October 16, 2002
Page Two
The typical drainage and utility easements shown around the perimeter of the lots are
shown incorrectly. The ordinance requirement is 5 feet on the side lot lines and 10 feet on
the front and rear lot lines. The typical section shows 6 feet and 12 feet.
If you have any questions regarding any of these comments, please call.
Sincerely,
Howard R. Green Company
Terry J. Maurer, P.E.
TJM:sgw
Ltr-101602-Harlicker
Howard R, Green Company
AW/C
Case Number:
SITE
Location Map
P 02-12 BIRCHVIEW
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RESOLUTION NO. 02 -
CITY OF ELK RIVER
A RESOLUTION GRANTING FINAL PLAT APPROVAL FOR:
Birchview
Case No. P 02-12
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 15, 2002; 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:
It is hereby determined by the City Council for the City of Elk River as
follows:
The proposed subdivision is consistent with the Zoning Ordinance
and conforms with all of its requirements.
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.
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.
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.
The proposed subdivision will not cause substantial environmental
damage.
Fo
The proposed subdivision will not conflict with easements of record
or with easements established by judgment of a court.
The proposed subdivision will not have an undue or adverse impact
on the reasonable development of neighboring land.
Final plat approval is hereby granted for the Property, subject to the
conditions set forth in attached Exhibit B.
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.
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.
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.
The following voted against the Resolution:
The following were absent:
Document3 Page 2
WHEREUPON the resolution is adopted.
Passed and adopted this 21st day of October, 2002.
Stephanie Klinzing, 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 October 21, 2002.
WITNESS my hand officially as such Clerk and the corporate seal of the
City this __ day of ,2002.
Sandra Peine, City Clerk
STATE OF MINNESOTA
SS.
COUNTY OF SHERBURNE
The foregoing instrument was acknowledged before me this __
, 2002, by Stephanie Klinzing, Mayor, City of
Minnesota.
Elk
day of
River,
Notary Public
Document3 Page 3
STATE OF MINNESOTA
SS.
COUNTY OF SHERBURNE
The foregoing instrument was acknowledged before me this __ day of
,2002, by Sandra Peine, City Clerk, City of Elk River, Minnesota.
Notary Public
Document3 Page 4
EXHIBIT A
Legal Description:
The South Half of the Northeast Quarter of the Southeast Quarter of section 14,
Township 33, Range 26, Sherburne County, Minnesota
Document3 Page 5
Conditions:
1.
2.
3.
e
o
ge
e
e
10.
11.
12.
EXHIBIT B
THERE WILL BE NO ACCESS FROM LOT 1 TO COUNTY ROAD 13.
ALL COMMENTS OF THE CITY ENGINEER SHALL BE ADDRESSED.
STREET LIGHTS SHALL BE INSTALLED AS REQUIRED BY ELK
RIVER MUNICIPAL UTILITIES.
A SEALCOAT FEE SHALL BE PAID PRIOR TO RELEASING THE
PLAT FOR RECORDING.
A LETTER OF CREDIT IN THE AMOUNT OF 100% OF THE COST OF
THE IMPROVEMENTS SHALL BE SUBMITTED PRIOR TO
RELEASING THE PLAT FOR RECORDING.
THE APPLICANT SHALL EXECUTE A DEVELOPER'S AGREEMENT
OUTLINING THE TERMS AND CONDITIONS OF APPROVAL.
UPON COMPLETING ALL OF THE IMPROVEMENTS AND HAVING
THEM ACCEPTED BY THE CITY, A WARRANTY BOND IN THE
AMOUNT OF 25% OF THE IMPROVEMENT COSTS SHALL BE
SUBMITTED TO THE CITY FOR THE PERIOD OF ONE YEAR.
A SURFACE WATER MANAGEMENT FEE IN THE AMOUNT
REQUIRED BY THE CITY AT THE TIME OF FINAL PLAT BE PAID
PRIOR TO RELEASING THE PLAT FOR RECORDING.
A GRADING AND EROSION CONTROL PLAN BE APPROVED BY
THE CITY ENGINEER PRIOR TO THE ISSUANCE OF BUILDING
PERMITS.
A DEVELOPMENT PLAN BE APPROVED BY THE CITY ENGINEER
PRIOR TO THE ISSUANCE OF BUILDING PERMITS.
A TREE PRESERVATION PLAN BE APPROVED PRIOR TO
RELEASING THE PLAT FOR RECORDING.
ANY TREES OFF SITE OR ON SITE, NEAR THE LIMIT OF GRADING
THAT ARE TO BE PRESERVED, SHALL BE FENCED WITH A SNOW
FENCE AT THE DRIP LINE TO PREVENT GRADING,
COMPACTION, OR STORAGE OF EQUIPMENT, DEBRIS OR
MATERIALS. STAFF SHALL INSPECT FENCING PRIOR TO
GRADING COMMENCING.
Document3 Page 6
13. THE PARK AND RECREATION COMMISSION WILL REQUIRE FOR
PARK DEDICATION PURPOSES, CASH DEDICATION TO BE PAID AT
THE RATE REQUIRED BY THE CITY PRIOR TO RELEASING THE
PLAT FOR RECORDING.
14. ALL MAILBOXES SHALL BE CLUSTERED.
15. ALL COMMENTS OF THE COUNTY PUBLIC WORKS DEPARTMENT
SHALL BE ADDRESSED.
16. THAT THE APPLICANT COMPLIES WITH THE WETLAND
CONSERVATION ACT AND THAT:
· A TECHNICAL EVALUATION PANEL REVIEW ANY FILLING OR
MITIGATION OF WETLANDS.
· THE DEVELOPER'S AGREEMENT FOR THE PROJECT INCLUDE
LANGUAGE THAT PLACES THE RESPONSIBILITY OF THE
SUCCESS OF THE WETLAND MITIGATION ON THE DEVELOPER.
· THE DEVELOPER OBTAIN ALL THE APPLICABLE PERMITS PRIOR
TO FILLING ANY WETLANDS.
· A RESTRICTIVE COVENANT AND DRAINAGE AND UTILITY
EASEMENT BE RECORDED ON THE WETLAND MITIGATION
AREAS WITH THE RECORDING OF THE FINAL PLAT.
· THAT A LETTER OF CREDIT BE PROVIDED TO THE CITY IN THE
AMOUNT OF 100% OF THE COSTS OF PUBLIC IMPROVEMENTS
INCLUDING THE COST OF THE MITIGATION WORK.
· THAT THE DEVELOPER SUBMIT A WRITTEN MONITORING
REPORT ON THE REPLACEMENT WETLANDS ONE YEAR AFTER
THIS MITIGATION WORK IS COMPLETED AND THAT THIS
REPORT BE APPROVED BY CITY STAFF PRIOR TO RELEASING
THE LETTER OF CREDIT.
· THE SWALE FOR RUN-OFF FROM THE EASTERN PORTION OF
THE ROAD SHALL BE BUILT WITH A DIKE ACROSS IT (MINIMUM
ONE FOOT HIGH) TO TRAP SEDIMENT PRIOR TO DISCHARGING
INTO THE NATURAL WETLAND ON THE PROPERTY AND/OR A
PORTION OF IT IS DEEPENED TO SERVE THE SAME PURPOSE. A
PAD FOR CLEANING THE TRAPPED SEDIMENT SHALL ALSO BE
CONSTRUCTED ADJACENT TO WHATEVER IS SUED FOR THIS
PURPOSE.
17. THE NAME OF THE STREET SHALL BE CHANGED TO 207TM
CIRCLE.
Document3 Page 7
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I, WETLANDS DEUNEATED BY KJOLHAUG ENI4RONMENTAL SERVICES.
2. SOIL TESTS i~ERE NOT COMPLETE AT THE TIME OF SUBMITTAL.
SOIL TEST INFORMATION Will BE PROVIDED ONCE COMPLETE.
3. EXISTING SEPTIC SYSTEM ON PROPOSED LOT 5 WAS NOT
LOCATED, AND Ik1LL NEED TO BE VERIFIED.
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BIRCHVIEW
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F.~tneers and Land Surveyors,