6.5. SR 03-18-2002TO:
FROM:
DATE:
SUBJECT:
MEMORANDUM
Mayor and City Council
Michele McPherso~', Director of Planning
March 18, 2002
Case No. P 02-06
Request by Windsor Development for Final Plat
Approval - Windsor Oak Hill 2nd Addition
Item # 6.5.
Request
Windsor Development, LLP is requesting final plat approval of Windsor Oak Hill 2nd
Addition, a 36-1ot single family residential subdivision in the Rlc zoning district.
Location
General description: The North Half of the Northeast Quarter of the Northwest Quarter of
Section 19, Township 33, Range 26, Elk River.
Zoning & Land Use
Rlc Single Family Residential / MR Medium Density Residential
Attachments
Location Map
Resolution No. 02-
· Final Plat
· Preliminary Plat
Overview
The applicant is requesting final plat approval of a 36-1ot second addition subdivision with
no outlots. The property lies east of M-Vale and west of Windsor Oak Hill 1st Addition.
The final plat is consistent with the preliminary plat.
Memo to Mayor & City Council/P 02-06
March 18, 2002
Page 2
Lot Size
There are 36 lots in this phase of the development with lots ranging from .36 acres to .88
acres in size. All lots conform to the minimum requirements of the Rlc zoning district.
Access
Access will be an extension of 196~h Avenue constructed in the first addition. This will
complete the connection to Lander Street. Also included in the final plat are two cul-de-
sacs; Ironton and Hudson Circles.
Utilities
Refer to Howard R. Green memorandum to be distributed March 18, 2002.
Grading, Drainage and Erosion Control
See Howard R. Green memorandum to be distributed March 18, 2002.
Park Dedication
In the first addition, the developer provided land dedication; however, this did not meet the
full ten percent required by ordinance. A partial cash dedication will be required for this
phase of the plat.
Recommendation
Staff recommends that the City Council approve Resolution No. 02- ., granting approval
of Windsor Oak Hill 2nd Addition with the conditions attached as Exhibit B.
S:\PLANNING\Case Files\P 02-06 Windsor Oak Hill 2nd\3-18CCmemo.doc
Location Map
Case Number: P 02-06 Windsor Oak Hill 2® Addition
RESOLUTION NO. 02 -
CITY OF ELK RIVER
A RESOLUTION GRANTING FINAL PLAT APPROVAL FOR:
Windsor Oak Hill 2nd Addition
Case No. P 02-06
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 October 18, 1999; 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.
Bo
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.
Do
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.
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:
S:\PLANNING\RESOLUTI\p02-06.doc Page 2
WHEREUPON the resolution is adopted.
Passed and adopted this day of
,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 ., 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 Elk
Minnesota.
day of
River,
Notary Public
S:\PLANNING\RESOLUTI\p02-06.doc 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
S:\PLANNING\RESOLUTI\p02-06.doc Page 4
EXHIBIT A
Legal Description:
Outlot A, Windsor Oak Hill, Sherburne County, Minnesota
S:\PLANNING\RESOLUTI\p02-06.doc Page 5
Conditions:
EXHIBIT B
THAT A DEVELOPERS AGREEMENT BE PREPARED OUTLINING THE TERMS AND
CONDITIONS OF THE PLAT APPROVAL AND INSTALLATION OF IMPROVEMENTS
TO BE RECORDED WITH THE FINAL PLAT.
THAT THE DEVELOPER'S AGREEMENT FOR THE PROJECT INCLUDE LANGUAGE
THAT PLACES THE RESPONSIBILITY FO THE SUCCESS OF THE WETLAND
MITIGATION ON THE DEVELOPER.
3. THAT THE DEVELOPER OBTAIN ALL THE APPLICABLE PERMITS PRIOR TO
FILLING ANY WETLANDS.
o
THAT 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.
o
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.
7. THAT ALL COMMENTS OF THE CITY ENGINEER BE ADDRESSED.
8. THAT A PERMIT FOR ROAD ACCESS ONTO COUNTY ROAD NO. I BE OBTAINED
FROM SHERBURNE COUNTY PRIOR TO FINAL PLAT.
9. THAT STREET LIGHTS BE INSTALLED AS REQUIRED BY ELK RIVER UTILITIES.
10. THAT A SNOW STORAGE EASEMENT BE PROVIDED IN THE CUL-DE-SACS PRIOR
TO RELEASING THE PLAT FOR RECORDING.
11.
THAT DEVELOPER PROVIDE SCREENING ALONG COUNTY ROAD 1 IN A
LANDSCAPE EASEMENT TO BE RECORDED WITH THE COUNTY AGAINST THESE
LOTS WITH THE RECORDING OF THE FINAL PLAT.
12. THAT THE 10 FOOT BITUMINOUS TRAIL BE CONSTRUCTED IN THE PARK AND
OUTLOT B AS PART OF THE PLAT IMPROVEMENTS IN THE FIRST PHASE AND
CONSTRUCTED TO CITY STANDARDS.
13. THAT 5 ACRES OF LAND BE ACCEPTED AS DEDICATED PARK LAND AND THE
REMAINING DEDICATION REQUIREMENTS BE ACCEPTED AS CASH IN LIEU OF
LAND IN THE AMOUNT REQUIRED BY THE CITY AT THE TIME OF FINAL AND
PAID PRIOR TO RELEASING THE PLAT FOR RECORDING.
14. THAT PARK BOUNDARY MARKERS BE INSTALLED AS REQUIRED BY CITY
ORDINANCE.
S:XPLANNING\RESOLUTI\p02-06.doc Page 6
15.
THAT A GRADING AND EROSION CONTROL PLAN AND DEVELOPMENT PLAN BE
SUBMITTED AND APPROVED BY THE CITY ENGINEER PRIOR TO ISSUANCE OF
BUILDING PERMITS.
16. THAT LANDSCAPING PLAN BE SUBMITTED THAT SHOWS THE REQUIRED STREET
AND YARD TREES AND SCREENING ALONG COUNTY ROAD 1.
17. THAT ALL THE MAIL BOXES IN THE CUL-DE-SACS BE CLUSTERED.
18. THAT TEMPORARY CUL DE SACS BE PROVIDED AS DETERMINED BY THE CITY
ENGINEER.
19.
THAT 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 A
ONE-YEAR PERIOD.
20. THAT 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 WITH SHERBURNE COUNTY.
21. THAT A $4,900 SEALCOAT BE PAID TO THE CITY PRIOR TO RELEASING THE PLAT
FOR RECORDING WITH SHERBURNE COUNTY.
22. THAT PRIOR TO CLEARING TREES OR GRADING, THE DRIP LINE OF PROTECTED
TREES AND THE LIMIT OF GRADING SHALL BE FENCED WITH A SNOW FENCE TO
PREVENT UNNECESSARY GRADING, COMPACTION, OR STORAGE OF DEBRIS OR
EQUIPMENT.
23. THAT PRIOR TO CONSTRUCTING A DEVELOPMENT SIGN, THE DEVELOPER
OBTAIN A SIGN PERMIT FROM THE CITY AND PROVIDE ANY REQUIRED
EASEMENTS.
S:\PLANNING\RESOLUTIXp02-06.doc Page 7
WINDSOR OAK HILL
2ND ADDITION
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· - Denotes Found Monuments.
o - Denotes 1/2-inch x l~--inch set iron monument
marked by t;cense 19840.
- Denotes Sherbume County cast iron monument-
O - Denotes 1/2-inch x 14-inch iron monument
mor~ed by License 19840, to be set within one
year of the recording dote of this plat.
Beerln§s shown are based on the west line of the
Northeast Quader of the Northwest Quarter of Section
29, T. 33, R. 26, which is assumed to hove o bearing
of SO0'06'41'E.
VICINITY MAP
SECTION 29, T. 33, R. 26
( NOT TO SCALE )
SCHOELL & MADSON, INC.
ENGINEERS * SURVEYORS * PLANNERS
SOIL TESTING * ENVIRONMENTAL SERVICES
SHEET 2 OF 4 SHEETS
WINDSOR
OAK HILL
2ND
ADDITION
I
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Z~.6"22'03' _ _ _
S89o55'19'W
133.54
133.54
N89o53,19.E
MATCH LINEJ
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SEE S}IEET 4
Drainage and Utility Easements ore
shown thus:
r--lO 10~
Being 10 feet tn width and adjoining
right-of-way lines unless otherwise
indicated, and being 5 feet in wiOth
and odioining lot llnes, unless otherwise
indlcoted os shown on the plot.
425.47
12
NB9*OS'14"E
259.57
'
S 89'08'14' W
1281.79
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234-.02 ] \ .~08'07'27"E ~ /' I
~ . ~- ~ ¥ ' .... MATCH LINE-
7 - _
217.80
so8o46'35.,w3
~8.02 : 57"W
VICINITY MAP
SECTION 29, T. 55, R. 26
( NOT TO SCALE )
!/.
24
26
25
NOO'51'~6'W
48.22
,so I
O~
386.~
29
N89'08'1
3O
31
32
33
MATCH LINE-~
· - Denotes Found Monuments.
o - Denotes 1/2-inch x 14-1rich set iron monument
marked by License t9840.
- Denotes 1/2-inch x 14--inch iron monument
marked by License 19840, to be set within one
year of the recording date of this ploL
Bearings shown are based on the west line of the
Northeast Quarter of the Northwest Quarter of Section
29, T. 33, R. 26, which is assumed to have a bearing
of S00'06'41'E.
N
SCHOELL & MADSON, INC.
ENGINEERS * SURVEYORS * PLANNERS
SOIL TESTING * ENVIRONMENTAL SERVICES
SHEET 5 OF 4 SHEETS
WINDSOR OAK HILL
2ND ADDITION
I
Droincge end Utility Easements are '~ o~
shown thus:
r~O
o,~.
Being 10 feet ;n width end adjoining
right-of-way lines unless otherwise
indicated, and being 5 feet in width
and adjoining lot lines, unless otherwise
indicated as shown on the plat.
SEE SHEET 3 OF
N89°53'19"E
133.54
4
MATCH LINE
N89'53'19'E
1
5
19
N89'40'42'W 3
/ '-
67.49 6
· -- Denotes Found Monuments.
o -- Denotes 1/2-1nch x 14-1nch set iron monument
rnerked by !Jcense 19840.
® -- Denotes 1/2-inch x 14-inch iron monument
morked by [Jcense 19840, to be set within one
year of the recording dote of this plot.
Be(~rings shown are b(]sed on the west line of the
Northeost Quarter of the Northwest Quorter of Section
29, T, 33, R. 26, which is oesumed to hove ~ beefing
of S00'06'41'E,
S89'12'29'W
78.57
2
~--~MATCH LINE
21 ~
N22°O0'00"E 1707
t 22
tL_. L=lTS.?3
----~=T6 "Z~35"'~
7
~4,90
SITE
VICINITY MAP
SECTION 29, T. 55, R. 26
( NOT TO SCALE )
9
O~
~MATCH LINE
35
L
36
10
N
SCHOELL & MADSON, INC.
ENGINEERS * SURVEYORS * PLANNERS
SOIL TESTING * ENVIRONMENTAL SERVICES
SHEET 4. OF 4 SHEETS
WINDSOR
OAK
HILL
KNOW ALL PERSONS BY THESE PRESENTS: That Windsor Development L.L.P., a Minnesota limited liability partnership,
fee owner, and Wells Fargo Bank Minnesota N.A., a National Association, mortgagee of the following described
property situated in the County of Sherbume, State of Minnesota to wit:
Outlot A, WINDSOR OAK HILL, according to the recorded plat, Sherburne County, Minnesota.
Have caused the same to be surveyed and platted as WINDSOR OAK HILL 2ND ADDITION and does hereby dedicate to
the City of Elk River, for public use forever the avenue, street, court and circle as shown on this plat. And also dedicating
to the public for public use forever the easements as shown on this plat for drainage and utility purposes only.
In witness whereof, said Windsor Development, L.L.P., has caused these presents to be signed by its proper officer this
__ day of ,20
WINDSOR DEVELOPMENT, L.L.P.
Ron Bastyr Partner
STATE OF MINNESOTA
COUNTY OF
The foregoing instrument was acknowledged before me this __ day of ,20_~, by
of Windsor Development, L.L.P., a Minnesota limited liability partnership, on behalf of the
partnership.
Notary Public,
My Commission Expires January 31, 2005
County, Minnesota
Also in witness whereof, said Wells Fargo Bank Minnesota N.A., has caused these presents to be signed by its
proper officers this __ day of ,20__.
WELLS FARGO BANK, MINNESOTA, N.A.
, its
, its
STATE OF OF MINNESOTA
COUNTY OF
The foregoing instrument was acknowledged before me this __day of ,20__., by ,its
and ,its. of Wells Fargo Bank Minnesota N.A., a National Association,
on behalf of the association.
Notary Public, County, Minnesota
My Commission Expires January 31, 2005
2ND
ADDITION
I hereby certify that I have surveyed and platted the property described on this plat as WINDSOR OAK HILL 2ND
ADDITION; that this plat is a correct representation of said survey; that all distances are correctly shown on
the plat in feet and hundredths of a foot; that all monuments have been or will be correctly placed in the ground
as shown within one year after recording, or sooner, as specified by the approving local governmental unit; that
the outside boundary lines are correctly designated and there are no wet lands or public highways to be designated
other than as shown on the plat as defined in Minnesota Statutes 505.02, Subd. 1.
Richard J. Williams, Jr., Land Surveyor
Minnesota License No. 19840
STATE OF MINNESOTA
COUNTY OF
The forgoing Surveyor's Certificate was acknowledged before me this
Richard J. Williams, Jr., Land Surveyor, Minnesota License No. 19840.
day of ,20.__, by
Notary Public, County, Minnesota
My Commission Expires January 31, 2005
Approved and accepted by the City Council of the City of Elk River, Sherburne County, Minnesota at a meeting held
this __ day of ,2001.
MAYOR
ATFEST:
I hereby certify that proper evidence of title has been presented to and examined by me, and I hereby approve this
plat as to form and execution this day of ,20__.
Elk River City Attorney
Pursuant to Sherburne County Ordinance Number 006, I hereby certify that this plat has been checked and approved
as to compliance with Chapter 505, Minnesota Statues this day of ,20__.
Sherburne County Surveyor
Recommended for approval this __
day of .20_.
Sherburne County Engineer
I hereby certify taxes payable in the year __ on lands herein described are paid in full, and there are no
delinquent taxes, and that transfer was entered this __ day of ,20__.
Sherburne County Auditor/Treasurer
I hereby certify that this instrument was filed in the Office of the County Recorder for record on this __
,20~ at __ o'clock .M., and was duly recorded as Document No.
day of
Sherburne County Recorder
SCHOELL & MADSON, INC.
ENGINEERS * SURVEYORS * PLANNERS
SOIL TESTING * ENVIRONMENTAL SERVICES
SHEET 1 OF 4 SHEETS
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LEGEND
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S.M.I. PROJECT NO. 61846-037 SHEET 3 OF 8 SHEETS
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LEGEND
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TOP OF IRON ~PE A~ SHOWN
£L[VATION-922.75 FT. (NGVO-lg29)
PROJECT NO. B1846-057 SHEIT 4 OF 8 SHEETS