6.1. SR 01-22-2002City ~
River
Item # 6. I.
MEMORANDUM
TO:
FROM:
DATE:
Mayor and City Council
.!
Scott Harlicker, Senior Planne~/
January 22, 2002
SUBJECT: Case No. P 00-18
Hillside Estates 8th Addition - Request for Final Plat Approval
Request
Consider a request by Phoenix Enterprises for final plat approval of Hillside Estates 8th
Addition.
Location
The end of Baldwin Street and 194~h Street alignment
Zoning/Land Use
Rle (Single Family Residential) / MR (Medium Density Residential)
Attachments
Location map
· Final plat
Copy of preliminary plat
· Resolution No. 02-
· Memo from the City Engineer
Overview
th
The applicant is proposing to final plat Hillside Estates 8 Addition. The proposed final plat
includes platting 5 lots and constructing a cul de sac at the end of Baldwin Street. The
Council approved the preliminary plat for Hillside Estates 8th Addition on March 12, 2001.
Memo to Mayor and City Council/P 00-1
January 22, 2002
Page 2
The preliminary plat consists of 99 lots on approximately 62 acres. The proposed final plat is
consistent with the approved preliminary plat.
The applicant is proposing to include only the proposed 5 lots in the final plat for Hillside
Estates 8th Addition. The remaining acreage that was part of the preliminary plat approval,
including the area of the proposed park, will be platted at a later date. It is likely that future
phases of this project will begin in the northwest section of the preliminary plat and continue
to the south and east.
Grading, Drainage and Utilities
Grading, drainage and utility issues are addressed in the City Engineer's memo.
Park Dedication
The applicant will meet the park dedication requirement with a combination of land and
cash. Since a portion of the proposed park consists of wetlands, steep slopes and a utility
easement, the applicant will not receive total credit for the proposed parkland. The area of
wetlands, steep slopes and the utility easement will be deducted from the park. In order to
meet the 10% land dedication requirement, the applicant will make up the difference with
cash. The parkland is not included in the final plat.
Recommendation
Staff recommends that the City Council approve the attached Resolution No. 02-
granting final plat approval for Hillside Estates 8th Addition with the following conditions:
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.
2. THAT ALL COMMENTS OF THE CITY ENGINEER BE ADDRESSED.
3. THAT STREET LIGHTS BE INSTALLED AS REQUIRED BY ELK RIVER UTILITIES.
4. THAT A SNOW STORAGE EASEMENT BE PROVIDED IN THE CUL-DE-SACS
PRIOR TO RELEASING THE PLAT FOR RECORDING.
THAT THE PROPOSED PARK (OUTLOT D) BE ACCEPTED TOWARDS PARK
DEDICATION ( WITH A REDUCTION FOR WETLAND, STEEP SLOPES AND
UTILITY CORRIDOR) AND THE REMAINING DEDICATION REQUIREMENTS BE
ACCEPTED AS CASH IN LEIU OF LAND IN THE AMOUNT REQUIRED BY THE
CITY AT THE TIME OF FINAL PLAT AND PAID PRIOR TO RELEASING THE PLAT
FOR RECORDING.
6. THAT ALL THE MAIL BOXES IN THE CUL-DE-SACS BE CLUSTERED.
7. A LETTER OF CREDIT BE PROVIDED TO THE CITY IN THE AMOUNT OF 100% OF
THE COSTS OF THE PUBLIC IMPROVEMENTS.
S:\PLANNING\Case Files\P 00-18 Hillside8\Final Platl-22cc.doc
Memo to Mayor and City Council/P 00-1
January 22, 2002
Page 3
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.
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.
I 0. THAT A SEALCOAT FEE BE PAID TO THE CITY PRIOR TO RELEASING THE PLAT
FOR RECORDING WITH SHERBURNE COUNTY AS REQUIRED BY THE CITY
ENGINEER.
I I. 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 WITHIN THE DRIPLINE.
12. REVISED LANDSCAPE PLAN BE SUBMITTED WHICH PROVIDES A MINIMUM OF 3
TREES PER LOT OR GROUPED PER STAFF APPROVAL.
S:\PLANNING\Case Files\P 00-18 Hillside8\Final Platl-22cc.doc
RESOLUTION NO. 02 -
CITY OF ELK RIVER
A RESOLUTION GRANTING FINAL PLAT APPROVAL FOR:
Case No. P 00-18
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 March 12, 2001; 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.
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:
Document2 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
Minnesota.
Elk
day of
River,
Notary Public
Document2 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
Document2 Page 4
EXHIBIT A
OUTLOT A, HILLSIDE ESTATES SECOND AD01TION, according to the recorded plat thereof, Sherburne County, Minnesota
and
That part of the Northeast Quarter of Section 27, Township 33, Range 26, Sherburne County, Minnesota described as fallows:
Beginning at the Northwest corner of the plat of HILLSIDE ESTATES SECOND ADDITION; thence North 89 degrees 27 minutes 11 seconds East,
assumed bearing, along the' North line af said plat, 428.91 feet to the westerly line of the plat of HILLSIDE ESTATES FOURTH ADDITION; thence
North 18 degrees 05 minutes 25 seconds East, along said westerly line, 298.24 feet to the most northerly corner of Lot 3, Block 2, HILLSIOE
ESTATES FOURTH AD01TION; thence Sou~.h 84- degrees 28 minutes 22 seconds West, 455.72 feet; thence South 20 degrees 07 minutes 21 seconds
West, 198.49 feet; thence South 00 degrees ,32 minutes 49 seconds East, 57.,38 feet to the paint of beginning.
Has caused the same to be surveyed and platted as HILLSIDE ESTATES EIGHTH AD01TION and does hereby donate and dedico'(e to the public
for public use forever the circle and easements as shown on the plat for drainage and utility purposes only.
Document2 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.
2. THAT ALL COMMENTS OF THE CITY ENGINEER BE ADDRESSED.
3. THAT STREET LIGHTS BE INSTALLED AS REQUIRED BY ELK RIVER UTILITIES.
4. THAT A SNOW STORAGE EASEMENT BE PROVIDED IN THE CUL-DE-SACS
PRIOR TO RELEASING THE PLAT FOR RECORDING.
THAT THE PROPOSED PARK (OUTLOT D) BE ACCEPTED TOWARDS PARK
DEDICATION ( WITH A REDUCTION FOR WETLAND, STEEP SLOPES AND
UTILITY CORRIDOR) AND THE REMAINING DEDICATION REQUIREMENTS BE
ACCEPTED AS CASH IN LEIIJ OF LAND IN THE AMOUNT REQUIRED BY THE
CITY AT THE TIME OF FINAL PLAT AND PAID PRIOR TO RELEASING THE PLAT
FOR RECORDING.
6. THAT ALL THE MAIL BOXES IN THE CUL-DE-SACS BE CLUSTERED.
7. A LETTER OF CREDIT BE PROVIDED TO THE CITY IN THE AMOUNT OF 100% OF
THE COSTS OF THE PUBLIC IMPROVEMENTS.
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.
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.
I 0. THAT A SEALCOAT FEE BE PAID TO THE CITY PRIOR TO RELEASING THE PLAT
FOR RECORDING WITH SHERBURNE COUNTY AS REQUIRED BY THE CITY
ENGINEER.
I I. 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 WITHIN THE DRIPLINE.
12. REVISED LANDSCAPE PLAN BE SUBMITTED WHICH PROVIDES A MINIMUM OF 3
TREES PER LOT OR GROUPED PER STAFF APPROVAL.
Document2 Page 6
Howard R, Green Oompany
January 16, 2002
File: 812590J-0240
Ms. Michele McPherson
Director of Planning
City of Elk River
13065 Orono Parkway
P.O. Box 490
Elk River, MN 55330-0490
RE:
HILLSIDE ESTATES 8TH ADDITION
FINAL PLAT
Dear Ms. McPherson:
As requested, we have reviewed the final plat submittal for the Hillside Estates 8th
Addition. The final plat that was submitted only encompasses five lots at the end of the
existing Baldwin Street. A permanent cul-de-sac would need to be constructed along
with a small amount of public utilities. In reviewing the approved preliminary plat, the
final plat is consistent in the five-lot layout. The configuration of the lots is slightly
different than the configuration shown on the preliminary plat, but each lot meets the
dimensions required in the ordinance. Therefore, we would recommend approval of the
final plat of Hillside Estates 8th Addition.
If you have any questions regarding this information, please call.
Sincerely,
Howard R. Green Company
TJM:tw
Ltr 01-16-02 McPherson.final
1326 Energy Park Drive · St, Paul, MN 55108 · 651/644-4389 fax 651/644-9446 toll free 888/368-4389
LOCATION
,..~/ ---~./ LOCATION
city ~ MAP'
13065 OrE::o~x~w~ 5~.~ox490
SEC. 27
SECTION 27, TWP. J3, RGE. 26
LOCA nON IdAP
HILLSIDE
-'> ~' 2
J
DRAINAGE AND UTILITY
EASEMENTS ARE SHOWN THUS:
NOT TO SCALE
o 5~5
being 5 feet in width, and adjoining Jot
lines, and 10 feet in width and adjoining
street Jinss unless otherwise indicated
on the plot.
213.63
N89'27'11"E
BLOCK
3
5~4.o28' 22"V~
455.7
ESTATES
~ ~emrlna
For the purposes of this plot the bearings
are based on the North line of HILLSIDE
ESTATES SECOND ADDITION which is assumed
to bear NBg°2Y'11"E.
· Denotes [ron monument found
0 Denotes 1/2 inch by 14 inch iron monument
set end marked with license number 20595.
$ Oenotes 1/2 inch by 14 inch iron monument
marked with license numOer 2059.5 to be set
within 1 year of recording this plot
,.06. '~ .._,',U~, ,-, ~ A
fl~2°26' 4-1 E ~ ' "TM '
GRAPHIC SCALE
(
inch = 50 ft.
EIGHTH ADDITION
CITY OF ELK RIVER
SHERBURNE COUNTY, MN.
KNOW ALL PERSONS BY ~HESE PRESENTS: That Phoenix Enterprises, U-C. a Minnesota Limited Liability Company, owner end proprietor, and First
Notional Bank of Elk River, o National Banking Association, mortgogee of the following described property situated In the State of Minnesota,
County o[ Sherburne, to wit:
0UTLOT A. HILLSIDE ESTATES SECOND AODITION. according to [he recorded piat thereol. Sherbume County, MinnesotG
and
Th(it port of the Northeast Quarter of Section 27. Township 33. Range 26, Sherburne County, Minnesota described as foilo~s:
Beginning ~t the Northwest corner of the plat of HILLSIDE ESTATES SECON0 ADDITION; thence North 89 degrees 27 minutes 11 seconds East,
assumed bearing, along the North line Of said plot 42~.91 feet to the westerly line of the piGt of HILLSIDE ESTATES FO(JRTH ADOI3]ON; thence
North 18 degrees 05 minutes 25 seconds East, alonq said westerly tine. 298.24 feet to the most northerly corner of Lot 5, Block 2. HILLSIDE
ESTATES FOURTH ADDITION; thence South 84 de,tees 2§ minutes 22 seconds West, ¢55.72 feet; thence South ZO degrees 07 minutes 21 seconds
West. 198.49 feet; thence South O0 de~rees 32 rn~utes 49 seconds East. 57.58 feet to the point of beginning.
Mos caused the same to be surveyed and platted as HILL~0E ESTATES EIGHTH ADDITION and does hereby donate and dedicate to the public
for public use forever the circle end easements as shown on the plat for drainage and utility purposes only.
200___
In witness whereof Phoenix Enterprises. LLC.. has caused these presents to be signed by its proper officer this __ day of
PHOENIX ENTERPRISES. LLC.
Richard C. Foster, Chief Manager
Also in witness whereof said First Notional Bank o~ Elk RiYer, hos caused these presents to be signed by its proper officer this __ day of
200 ·
FIRST NATIONAL BANK OF ELK RI~R
O~ ~o (
Glenn Hardin. vice President
STATE OF MINNESOTA
COUNTY OF SHERBURNE
The foregoing instrument was acknowledged before me this __ day of
Phoenix Enterprises. LLC.. o Minnesota Limited Liability Company, on behalf of said company.
200~ by Richard C1 Foster. Chief Manager of
Notary Public, ~ C~unty, Minnesota
My Commission Expires
STATE OF MINNESOTA
COUNTY OF SHERBURNE
200~ by Glenn Hardin. Vice president of
Notary Public. ~ County, Minnesota
My Coenmissi~ Expires
I here~y certify that I have surveyed and platted the property described an this plat as HILLSIDE ESTATES EIGHTH ADDISON; that this pl<3t is a
correct repreaentotlon of the survey; that ~ll distances are correctly sho~n o~ the plat in feet <~nd hundredths of o foot; that (iff monuments hove
been or will be correctly placed in the ground as shown within ~ne year after recording o~ soonec ns specified by the approving local governmental
unit; that the outside boundary lines ore correctly designated on the plot and that there are no wetlands, In accordance with Minnesota Statues
505.02. Subd. 1. or public highways to be designated other than as shown.
Terrence E. Rotheflbacher, Land Surveyor
Minnesota License No. 20595
STATE OF MINNESOTA
COUNTY OF ANOVA
The foregoing Surveyor's Certificate was acknowledged before me this
Land Surve3~'. Minnesota License No. 20595.
, day of
200~ by Terrence E. Rothenbacher,
Notary Public. ~ County, Minnesota
My Commission Expires
Approved (]nd accepted by the City Council oi the City of Elk Ri~r, Sherburne County, Minnesota at o meeting held this __ day of 200__.
Mayo~ Attest: Clerk
I hereby certify that proper evidence of tide has been presented to and examined by me, and I hereby approv~ this plat as to farm and execution
this -- day of ~ 200__.
Elk Rive~ City Attorney
Pursuant to She~burne County Ordinance Number 006. I hereby certify that this pl~t has bee~ checked and approved os to cac'nplionce with Chapter
505. Minnesota Statues this __ day of ~ 200__.
Recommended for approval this ~ day of
I hereby certify taxes payable in the
was entered this __ day of
She~burne County Surveyor
Sh~-burne County Engineer
on lands herein described ore paid in full, and there ore no delinquent taxes, and that transfe~
200__.
200
Sherburne County Audit~r/Treasure~
200~
hereby certify that this instrument wOS filed in the Office of the County Recorder for record on this __ day of
at __ O' clock M. and wo$ duly recordea OS Document No.
Sherburne County Recorder
I/
/'
,i
' HILL SIDE
PRELIMI1VARY
OF
ESTATES
~NER 12.0OO ~Q. FT.
AT S~ACK UN~ ~IDE YARD S[~ACK
IN~RtOR LOT ~.
C~NER LOT ,100 FT. --JGARAG[ ~FT,
AT R/W UNE~FT.~ LCORN[R ~FT.
FRONT lARD SE~ACK ~FT.
R-IE
/ LOT DATA
] J
27, /'~ ]J. RC,~7. 2~
?Z~ T
EIGHTH ADDITION
CURRENT REVISION
DRAINAGE AND uT~uTY
EASEMENTS ARE SHOWN
.... _L___~'IL___i ....
SFF~ DATA
TOTAL a.qEA &2.73 AC.
LOT AREA 39,84 AC,
(XJTLOT AREA 14.08 AC
~O.W. ~Ei &81 AC.
NU~8~ 0r LO~ g9
~R~ST LOT ~.312 ~F.
A~RAGE LOT. 17.~2
N~T D~ ~ L0~/A~
UTILITIES-
L]~CAL DESCRirp~I0 N
HILLSIDE CROSSING
HILLS/D[ CROS~NG FOUR
r~et~ ~th
~tJot A ~ ~ HI~S/0[ ESTA~S I~T ADOI~
Outlo/ A, HI--DE [STA~S ~C~0 ADDISON
~UOI ~. HI~OE ESTA~5 FOUR~ AODID~.
GRAPHIC SCALE
( ~ T'~'T )
DATE RECEIVED
PREL~IdlNARY PLAT
PRELIMINARY PLAT
19250 Even, St~t ~T 1 ~ I ~
Elk Ri~. ~n. 55~0 765-241-t801 HILLSIDE ESTA~ Fl~ Annl~n~ ,