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6.1. SR 02-20-2001City of River MEMORANDUM Item # 6_ 1 _ TO: FROM: DATE: SUBJECT: Mayor and City Council 1 Scott Harlicker, Senior Planne ~r~ February 20, 2001 Case No. P 00-13 Request by Lyman Development Company for Final Plat Approval, Meadowwoods Village Request Consider a request by Lyman Development Company for final plat of Meadowoods Village Location County Road 1 and 209th Avenue Zoning/Land Use Rla (Single Family Residential)/LR (Low Density Residential) Attachments · Location map · Final plat · Final grading plan · Final landscape plan · Staff report to City Council dated, 10/16/00 · Resolution No. 01- Overview Meadowwoods Village is a 71 acre cluster plat. The preliminary plat was approved by the City Council on October 6, 2000. It included 39 single family lots and about 44 acres of open space. The final plat is consistent with the approved preliminary plat. 13065 Orono Parkway · P.O. Box 490 · Elk River, MN 55330 · TDD & Phone (763) 441-7420 · Fax (763) 441-7425 Memo to Mayor and City Council/P 00-13 February 20, 2001 Page 2 The main access will be 209th Avenue from County Road 1,210th Avenue will be extended into the project from the west and Lander Street will be connected to the Windsor Park development to the north. The plat includes 3 cul de sacs and a traffic circle at the intersection of 209th Avenue and Lander Street. The lots will range in size from 18,000 square feet to 29,000 square feet. The average lot size is 20,000 square feet. Outlots A and B comprise most of the open space, Outlot C is the landscaped center of the traffic circle. Outlot A will contain the community septic system. Each lot will have its own well and will be connected to a community septic system. The park dedication requirements will be a cash fee based on the number of lots allowed under the Rla zoning district (71.37 / 2.5 = 28.54 or 29 lots). The City Engineer will be in attendance at Tuesday's meeting to answer any questions regarding grading, drainage and utility issues. Recommendation Staff recommends the City Council approve Resolution No. 01-~ granting final plat approval for Meadowoods Village with the following conditions: A DEVELOPERS AGREEMENT OUTLINING THE TERMS AND CONDITIONS OF THE PLAT APPROVAL AND INSTALLATION OF IMPROVEMENTS BE PREPARED AND EXECUTED PRIOR TO RELEASING THE PLAT FOR RECORDING. 2. ALL COMMENTS OF THE CITY ENGINEER BE SHALL BE ADDRESSED. 3. A HOMEOWNERS ASSOCIATION DOCUMENT BE PREPARED SUBJECT TO THE CITY ATTORNEY'S REVIEW AND APPROVAL PRIOR TO FINAL PLAT. 4. STREET LIGHTS BE INSTALLED AS REQUIRED BY ELK RIVER UTILITIES 5. A LETTER OF CREDIT BE PROVIDED TO THE CITY IN THE AMOUNT OF 100% OF THE COSTS OF THE PUBLIC IMPROVEMENTS. 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. 7. PARK DEDICATION FEES IN THE AMOUNT REQUIRED BY THE CITY AT THE TIME OF FINAL PLAT BE PAID PRIOR TO RELEASING THE PLAT FOR RECORDING. 8. 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 SEALCOAT FEE IN THE AMOUNT TO BE DETERMINED BY THE CITY ENGINEER BE PAID PRIOR TO RELEASING THE PLAT FOR RECORDING. S:\PLAN NING\SCOT'I'~PO013FIN.DOC Page 3 10, Memo to Mayor and City Council/P 00-13 February 20, 2001 A GRADING AND EROSION CONTROL PLAN BE APPROVED BY THE CITY ENGINEER PRIOR TO THE ISSUANCE OF BUILDING PERMITS. 11. A DEVELOPMENT PLAN BE APPROVED BY THE CITY ENGINEER PRIOR TO THE ISSUANCE OF BUILDING PERMITS. 12. ALL GRADING BE CERTIFIED PRIOR TO THE ISSUANCE OF BUILDING PERMITS. 13. OUTLOT A, OUTLOT B AND OUTLOT C BE PROTECTED BY A DEED RESTRICTION TO BE HELD BY THE HOMEOWNERS ASSOCIATION OR A CONSERVATION EASEMENT HELD BY A QUALIFIED LAND TRUST. 14. ALL MAILBOXES BE CLUSTERED. 15. A TREE PRESERVATION PLAN BE APPROVED PRIOR TO RELEASING THE PLAT FOR RECORDING. 16. 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 CLEARING OF TREES OR GRADING COMMENCING. 17. ALL DISTURBED AREAS SHALL BE GRADED AND SEEDED. 18. ALL COMMENTS FROM SHERBURNE COUNTY HIGHWAY DEPARTMENT SHALL BE ADDRESSED. 19. ALL SIDEWALKS, WOODCHIP TRAILS AND THE 10 FOOT WIDE BITUMINOUS TRAIL NORTH OF 209TM AVENUE SHALL BE INSTALLED BY THE DEVELOPER. 20. THE TRAIL FOR PUBLIC USE SHALL BE PLACED IN A TRAIL EASEMENT AND GRANTED TO THE CITY. 21. MAINTENANCE OF THE OUTLOTS, THE LANDSCAPED MEDIAN ON 209TM AVENUE AND THE LANDSCAPED ISLANDS IN THE CUL DE SACS SHALL BE THE RESPONSIBILITY OF THE HOMEOWNERS ASSOCIATION AND SHALL BE INCLUDED IN THE HOMEOWNERS ASSOCIATION AGREEMENT. 22. A RESTORATION AND MAINTENANCE PLAN FOR THE OPEN SPACE SHALL BE INCLUDED IN THE HOMEOWNERS ASSOCIATION DOCUMENTS 23. THE NUMBER OF LOTS IN THE PLAT SHALL BE REDUCED TO 39. 24. ALL APPROPRIATE EASEMENTS SHALL BE SHOWN ON THE PLAT. 25. THE CUL DE SAC ISLANDS AND 209TM STREET MEDIAN BE PLATTED AS OUTLOTS. 26. THE DEVELOPER' PROVIDE LITERATURE TO PROSPECTIVE BUYERS ALERTING THEM TO THE EXISTENCE OF THE GUN CLUB AND THAT THE EXISTENCE OF THE GUN CLUB BE NOTED IN THE HOMEOWNERS ASSOCIATION DOCUMENTS. S:\PLANNING\SCOTT~P0013FIN.DOC Memo to Mayor and City Council/P 00-13 February 20, 2001 Page 4 27. A 30 FOOT WIDE DRAINAGE AND UTILITY EASEMENT BE IN PLACE ALONG THE NORTH PROPERTY LINES OF LOTS I - 4 AND LOT 7, BLOCK 4, AND ALSO DEED RESTRICTIONS BE INCLUDED THAT RESTRICT CUTTING OF THE TREES AND VEGETATION, AND THE PLACEMENT OF STRUCTURES WITHIN THAT EASEMENT. 28. ACCESS TO LOTS WITH FRONTAGE ON THE TRAFFIC CIRCLE SHALL BE LIMITED TO THE STREETS FACING THE CIRCLE. S:\PLANNING\SCOTT~0013FIN.DOC Si Is City of iver 13065 Orono Parkway · P.O. Box 490 Elk River, MN 55330 LOCATION MAP MEADOWWOODS VILLAGE 1 I 7 Wii,iD 5n = OUTLOT A / i/ / MEADOWWOODS VILLAGE ........ MATCHLINE ----. (SEE SHEET 2 OF 3 SHEETS) N.W. MEADOWWOODS VILLAGE I I I ! ! I ! ! I I ! I % % % % OUTLOT ¢ MccoMBS FRANK ROOS ASSOCIATES, INC. E~G~%~EEI~ ~ ~ SURV~'YOR,S SH~-.t-.:~ 3 OF 3 SHEETS OUT POND NWL 982.0 -..~ HWL 985,5± \ OUTLOT ";' '"~ "-~ C~ ~,~r I LEGEND EXISllNG CC~TOURS X -- S-T 9go BENCHMARKS: ?"?iM'FRA Clml Lyman Development ~alm Meadowwoods Village El IU~m, MN Shem Tmlim Final Grading Plan Dote 11 ? 4/00 Revere Sheet Remlm 989.0 fRAIL AUONM~NT TO · WlD'P~ OF 10' s/ ~ 4 /4' 2 TO ~ REMOV1E:D OUTLOT A NOTE: CONSTRUCTION TRAFFIC WILL NOT BE ALLOWEC WITHIN OUTLO'E A EXCEPT TO COMPLEIE GRADING AS SHOWN TO AVOID COMMUNITY SEPTIC DRAtNFIELD SiTE 6 TYPICM. LOT 8~NCHMARKS: BM NO. 1 Double spike in P.P, East s~de of County Road l, 500' southerly of driveway at house no. 210,31, ELEV. = 979.76 BM NO. 2 Double spike in R,P, go~t side of Coun[y Rood 1, 200' northerly of driveway ot house no. 20673. ELEV. = 971.89 GAR iOO1.8 (w/STEPS) ~.00S 2 LEGEND NORTH ~ AlI~hltel, Ino. CIkml Lyman Development E~lal~t, J Prolm Meadowwoods Village Ibm 1111e Final Grading Plan Drawn RUB Approved gate 11/2/00 No. Ootm By Remarks SlJll Rmlmn IIRi~ RLE NO.: 12~M / · -pmper~ cqrner~ , ~ ~ OUTLOT A mmsne a~ee (t~.) m~ne a,~ (be.) Picket fence pr~ cqmer~ EDGE OF Future 1 PLANTING NOTES 1 ~NDSCAPE LEGEND KEY J ~TANI~ ~E COMMON NA~E SiZE ROOI Q~. REMARKS DECIDUOUS TREES '~' rubrura ~ed Sunset' Red S~n~et Maple 2' CQI RB Q Betulo nitre ~edta~e' HerRaqe Birch 8'-I0' BB ; 25MuJti-s~em GFraxinus penn~vanla ~-,~je~on" Bergeson Aah ~' cai BB j 46 ~ercus h~co~r Swamp White Oa~ 2° ~1~B f ilia americana American Unden 2' ~tEIB57 Gdiacard~ta Utt~leaf Unden 2" c~l EIEI , 35 ORN*~JENTAL ~EES (~ AmelaCnier IDeals "Snowclo~' ~*~a~oud Shodblow 6'-8' BB 2,9Multi-stem ~n~e form hL ~ Malus "Donald Wyman" Donald Wyma~ Crab 1.5' ca, BB 14 DECIDUOUS TREES 0 Pinus niqm Aus~an Pine 6' ht.EIB C) Pinus sytvestrls S¢otcti Pine 6' hL EIB27 ~Har~ shml~ roee pl,~Une area 1 ~SCAPE LEGEND1 KEY 0 543 100 200 I NORTH 1 4OO Engineering · Planning · Surveying FRA ~McComb~ Frank Roo~ ~ R~soclate& Inc. phone 76J/47~-$OtO · fox 7~J/476-~J2 E-t, loI: mf~o~nfro, com Lyman Development Excels, MN Projm Meadow"woods Village Elk P~w, MN Slmet Title Landscape Plan I hereby certify that this plan was prepared by me ar under my direct supervision end that I em a duly Registered Landscape Architect under the laws of the State at ~innesota. Nome Date Re(Jistration Number Designed K'OC Checked K'OC Drawn DDS Approved K'OC Date 0t/15/01 Date By Remarks MFRA FILE NO.: 12896 W/man Crab Picket ()DECII)UOUS TREE PLANTING DETAIL (VILLAGE COMI~O~S DETAIL ()CON[FEROUS TREE PLANTING DETAIL ~e~r~ G*~undcover (TYPICA]. ISLAND PLANTING DETAfL O 50 1~ 2~ NORTH I Engineering . Planning . Surveying pa~?e 765/47E-6010 * fax 765/476-85J2 ClIREI Lyman Development Excelsim', MN PmJm~ Meadommoods Village Skeet TIM Landscape Details I hereby certify that this pion was pre;pared by me or under my direct supervision and that 1 am a duty Registered Landscape Architect under the laws of the State of Minnesota. Date Re]istratien Number Oesi,~ned K'OC Checked K'OC Drawn DOS Approved K'Q~ Date 01/15/01 No Date By Remarks A oe/18/~o DJSPlat redesign per City commenl Skeet MFRA FILE NO.: 12896 City of E Item ~ 6.10. River MEMORANDUM FiLE COPY TO: FROM: Mayor and City Council Scott Harlicker, Senior Planne~ DATE: October 16, 2000 SUBJECT: Case No. P 00-13 Request by Lyman Company for Preliminary Plat Approval for Meadowwoods Village - Public Hearing Request Consider a request by Lyman Company for preliminary plat approval for Meadowwoods Village, a clustered single-family subdivision. Location County Road I and 209th Street Zoninq/Land Use Rla (single family Residential) / LR (Low Density Residential) A~achmen~ · Location map · Preliminary plat · Development plans · Memo from the City Engineer · Memo from Phil Hals and Bruce West · Letter from Sherburne County Highway Department · Letter from applicant, dated 9/21/00 · Letter from Dynamics Design and Land Co., dated 10/4/00 · Letter from North American Wetland Engineering, dated 10/9/00 Overview The applicant is proposing to plat a 71-acre parcel utilizing the clustering provision of the subdivision ordinance with 40 single family hots and 44 -acres of protected private open space. ,,^,-~ ,--, .... r~..] ........Dr', ~,,, /Ion. pit. p; .... f~/fNJ ,:; ~; '~ ", fl · TI)f3 ~ Phnne (76% 4.z[1.74?fl · F~x (76'~1 441-7425 Memo to Mayor and City Council/Pt~u-13 October 16, 2000 Page 2 The 71-acre site is currently farmed and contains no structures. The property is located south of the newly platted Windsor Park clustered subdivision and is on the west side of County Road 1 at the 209th Street alignment. The topography of the site is varied the northern end and central portion of the site being relatively fiat and a 30 foot hill in the southern ¼ of the site. The northern and southern portions of the site are wooded with the central portion of the site an open farm field. There is also a small wetland located in the southeast corner of the site. Surroundinq land Uses. The land uses around the proposed subdivision include: Windsor Park, a 31 lot clustered residential subdivision to the north, 2.5 acre single family residential to the east across County Road I and on the northeast boundary of the site and the St. Louis Park Gun Club to the south and west. Densiti/ Cluster subdivisions are allowed in the Rla zoning district if at least 50% of the open space is permanently protected and if the septic system is clustered. The base density of a cluster plat is based on the underlying zoning district density. With 71.37 acres, the equation would be: (71.37 / 2.5 = 28.54 lots). An automatic density bonus of 15% is given as an incentive to cluster and cover some of the costs for the clustered septic system (28.54 x .15 = 4.28 lots). With the septic system density bonus the developer can is allowed 33 lots (28.54 + 4.28 = 32.82, or 33 lots). Addtional Density Bonuses Additional density bonuses can be achieved by meeting several standards, worth 5% bonus each, up to a 40% maximum bonus above the base density of 28.54 lots. In this case the developer has achieved the following additional bonuses: 10% extra open space 1.43 Creating an endowment for the open space, 1.43 Providing access by the general public to the trails 1.43 Providing covenants to create an architectural theme 1.43 5.72 Total bonus lots Based on staff's Calculations the developer is allowed 39 lots for this project (32.82 + 5.72 = 38.54, or 39 lots). The developer is claiming an additional 5% bonus for the following standard: S:~P LAN NIN G\SCO'I-ISP0013CC.DOC Memo to Mayor and City Council/P00-13 October 16, 2000 Page 3 Re,using existing buildings and structures or preserving specific site features inventoried by the County, City, or State Historic Preservation Office. The developer is claiming that by preserving trees they are meeting the above standard. Staff does not agree with this interpretation. The City, County or State Historic Preservation Office has identified nothing on this site as having historic preservation value. The City has not identified the tract of woods as a preservation landscape feature. The preservation of woodlands and other natural features is listed as a lot design guideline and should not be included as a density bonus. Layout Streets The main access into the project is from County Road 1. The main entrance into the development from County Road 1 is 209th Avenue. The intersection of 209th Avenue and Lander Street will be a traffic circle with a 15,000 square foot landscaped island. Traffic circulation should be one-way around the traffic circle. Internal connections will be made to the properties to the west and Windsor Park to the north. Lander Street will be extended south into the plat from Windsor Park and will be the main north/south street through the development. 210th Avenue will be extended into the plat from the west and will connect with Lander Street. The plat includes $ cul de sacs; each cul de sac will include a center landscaped island. All landscaped islands will be maintained homeowners association. Lots The developer is proposing 40 lots. The lots will range in size from 18,000 square feet to 29,000 square feet. The average lot size is 20,000 square feet. All of the lots, except for 2 lots on cul de sacs, have more than 90 feet of frontage. The two lots in the cul de sacs have lot frontages of 78 feet and 79 feet. The plat is designed in such a way that there is an opening to the open space at the end of each cul de sac. AboUt % of the lots have direct access to the open space. Outlot A and Outlot B comprise most of the open space, Outlot C is the landscaped center of the traffic circle. Outlot A will contain the community septic system, a natural wetland feature. Lander Court was artificially raised above the surrounding grade in order to accommodate walk out lots. The building elevations on those lots are raised about 7 feet above the surrounding grade. In response to staff's comments, the elevations have been reduced by about 1 foot from previous plans. The developer has added some landscaping to help reduce the visual impact. S:~PLANNING\SCOTT~P0013CC.DOC Memo to Mayor and City Council/P~,,~-13 October 16, 2000 Page 4 Access to the lots with frontage on the traffic circle will be limited to the streets feeding the circle, they will not have access directly from the traffic circle. Open Space Outlots A, B and C are proposed as open space. Outlot C is the landscaped island in the center of the traffic circle. The open space, with the exception of Outlot C, is located in the front of the property between the lots and County Road 1 and is bisected by 209th Avenue. The open space is a mix of woods and fields. Outlot A, located north of 209th Avenue, is open fields. Outlot B, located south of 209th Avenue, is about 2/3 woods and 1/3 fields. Outlot A is 17.93 acres and will serve as the location for clustered septic system. The septic system covers about 3.3 acres leaving about 14.6 acres available for active use. This outlot is fairly fiat with a small depression in the north corner adjacent to 211th Circle. Outlot B is 25.65 acres, about 2/3 woods and has a large wooded hill at the southern end. A trail is proposed to connect the top of the hill with Lander Street. The open field is fairly level and will include the drainage pond for the development. Outlot B abuts the gun club property so that it may be possible in to provide a connection between the two properties in the future. A future play area is indicated to the rear of Lot 4, Block 1 and south of 209th Avenue. No details of the Play area have been provided. Gradinq and Drainaqe Grading and drainage issues are addressed in the City Engineer's memo. No drainage and utility easements are shown on the lots. Appropriate easements will have to be included on the plat. Landscaping The landscape plan exceeds what is typically required for residential subdivisions. The developer is proposing a heavily landscaped entrance from County Road 1. The landSCaping along 209th includes maples, ashes and lindens, and a landscaped median. Landscaping along the other streets includes 2 or 3 trees planted at each property line. The center of the traffic circle is landscaped and includes a brick path and a gazebo. The islands in the cul de sacs are also landscaped. Maintenance of the median, traffic circle, the cul de sac islands and the other outlots will be the responsibility of the homeowners association and will be included in the homeowners association agreement. The developer has indicated that they will include prairie planting in the open space as well as preserving the woods. A prairie restoration plan and S:\PLANNING\SCOTT~P0013CC,DOC Memo to Mayor and City Council'/P00-13 October 16, 2000 Page 5 maintenance plan will have to be provided as will a maintenance plan for the woodlands Well and Septic Each lot will have its own well and will be connected to the community septic system. The community septic system will require extensive piping similar to those required for public sewer systems. Each lot will contain a septic tank and a pump that will be connected to a natural wetland system located on Outlot A. The homeowners association will be responsible for contracting with a maintenance company to monitor and provided on-going maintenance of the system. Park Dedication and Trails There are no parks identified for this site. Park dedication fee will be 'determined on the base number of lots allowed on the 71.37 acre parcel (71.37 / 2.5 = 28.54 or 29 lots). A system of trails and sidewalks are proposed to connect Windsor Park to a possible recreation area or interpretive center on the gun club land. A bituminous trail is proposed along County Road 1. It will connect with the trail system in Windsor Park to the north and continuing to the gun club property at the south boundary of the plat. The trail runs north to south in the outlots and along County Road 1; however, the trail jogs west along 209th and crosses mid-block. Staff feels a more appropriate crossing would be at the entrance of the development, at the intersection of 209th Avenue and County Road1. The developer will construct the trail from the connection with Windsor Park to 209th Avenue. The portion through Outlot B will be constructed at by the city at a later'date, when the future status of the gun club property has been determined. All public trails will have to be 10' wide and included in a trail easement granted to the city. Woodchip trails are proposed at the end of Lander Street and 211th Circle. The trail at the end of Lander Street will lead to an open area at the top of the hill located on Outlot B. The trail at 211th Circle will connect the cul de sac with the bituminous trail along County Road 1. Concrete sidewalks are proposed along all of the streets. They will connect with the woodchip trails at the end of 211th Circle and the end of Lander Street and with the bituminous trail. Planninq Commission Meetinq At the Planning Commission meeting held on September 26th several residents spoke. Two residents, Deb Myers and Roger Whiteoak, who live on County Road 1 across the street from this project, spoke out against the project. They offered the following comments: S:\PLANNING\SCO']-T~P0013CC.DOC Memo to Mayor and City Council/Pb...l:l 3 October 16, 2000 Page 6 · the school district couldn't handle the additional students this project would bring in; · County Road 1 could not handle the additional traffic; · the proposed septic system would contaminate their well; · it was dangerous having residences adjacent to the gun club property. George Zabee, representing the gun club, offered the following comments: · he liked the buffer adjacent to the gun club property; · he would like to see information provided to potential buyers alerting them to the gun club; · would like to see a chain link fence installed along the common property lines. Kate Ige, resident on 210th Street, questioned why 210th was connected to this plat. Burt Adkinson, representing the gun club, spoke to the gun club's history of working with adjacent property owners. Dynamics Design and Land Co. the developer of Windsor Park, the clustered subdivision north of this plat, has submitted a letter and suggested modifications to this plat that would include a 50 foot buffer between Windsor Park and the abutting lots in this plat. Staff does not support narrow corridors because they. tend to get incorporated as part of peoples lots, take away from usable open space and provide less desirable open space. The Planning Commission discussed at length the issue of safety and the gun club. They felt that a chain link fence, since it would only be installed along a small portion of the property, would do little to prevent children from exploring the gun club property. The gun club recently finished installing a wire fence around their property and also have the property boUndaries clearly posted. It was explained that 210th Avenue was being connected to allow better access to the area west of the proposed plat. The Commission did not believe the applicant should get an extra 5% bonus for preserving historic features, and therefore, the number of lots in this plat should be limited to 39. The applicant has also submitted a letter from the designer of the septic system that addresses the neighbors concern regarding groundwater contamination. Recommendation The Planning Commission and staff recommend the City Council approve the preliminary plat for Meadowwoods Village with the following conditions: A DEVELOPERS AGREEMENT OUTLINING THE TERMS AND CONDITIONS OF THE PLAT APPROVAL AND INSTALLATION OF IMPROVEMENTS BE PREPARED AND EXECUTED PRIOR TO RELEASING THE PLAT FOR RECORDING. 2. ALL COMMENTS OF THE CITY ENGINEER BE SHALL BE ADDRESSED. S:~PLANNING\SCOTT~P0013CC.DOC Memo to Mayor and City Council/P00-13 October 16, 2000 Page 7 3. A HOMEOWNERS ASSOCIATION DOCUMENT BE PREPARED SUBJECT TO THE CITY A'rrORNEY'S REVIEW AND APPROVAL PRIOR TO FINAL PLAT. 4. STREET LIGHTS BE INSTALLED AS REQUIRED BY ELK RIVER UTILITIES 5. A LETI'ER OF CREDIT BE PROVIDED TO THE CITY IN THE AMOUNT OF 100% OF THE COSTS OF THE PUBLIC IMPROVEMENTS. 6. 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 SUBMITrED TO THE CITY FOR THE PERIOD OF ONE YEAR. 7. PARK DEDICATION FEES IN THE AMOUNT REQUIRED BY THE CITY AT THE TIME OF FINAL PLAT BE PAID PRIOR TO RELEASING THE PLAT FOR RECORDING. 8. 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 SEALCOAT FEE IN THE AMOUNT TO BE DETERMINED BY THE CITY ENGINEER BE PAID PRIOR TO RELEASING THE PLAT FOR RECORDING. 10. A GRADING AND EROSION CONTROL PLAN BE APPROVED BY THE CITY ENGINEER PRIOR TO THE ISSUANCE OF BUILDING PERMITS. 11. A DEVELOPMENT PLAN BE APPROVED BY THE CITY ENGINEER PRIOR TO THE ISSUANCE OF BUILDING PERMITS. 12. ALL GRADING BE CERTIFIED PRIOR TO THE ISSUANCE OF BUILDING PERMITS. 13. OUTLOT A, OUTLOT B AND OUTLOT C BE PROTECTED BY A DEED RESTRICTION TO BE HELD BY THE HOMEOWNERS ASSOCIATION OR A CONSERVATION EASEMENT HELD BY A QUALIFIED LAND TRUST. 14. ALL MAILBOXES BE CLUSTERED. 15. A TREE PRESERVATION PLAN BE APPROVED PRIOR TO RELEASING THE PLAT FOR RECORDING. 16. 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 CLEARING OF TREES OR GRADING COMMENCING. 17. ALL DISTURBED AREAS SHALL BE GRADED AND SEEDED. 18. ALL COMMENTS FROM SHREBURNE COUNTY HIGHWAY DEPARTMENT SHALL BE ADDRESSED. 17. ALL SIDEWALKS, WOODCHIP TRAILS AND THE 10 FOOT WIDE BITUMINOUS TRAIL NORTH OF 207TM AVENUE SHALL BE INSTALLED BY THE DEVELOPER. S:\PLANNING\SCOTT~0013CC.DOC Memo to Mayor and City Council/F',..,-13 October 16, 2000 20. THE TRAIL FOR PUBLIC USE SHALL BE PLACED IN A TRAIL EASEMENT AND GRANTED TO THE CITY. Page 21. MAINTENANCE OF THE OUTLOTS, THE LANDSCAPED MEDIAN ON 207TM AVENUE AND THE LANDSCAPED ISLANDS IN THE CUL DE SACS SHALL BE THE REPOSIBILITY OF THE HOMEOWNERS ASSOCIATION AND SHALL BE INLUDED IN THE HOMEOWNERS ASSOCIATION AGREEMENT. 22. A RESTORATION AND MAINTENANCE PLAN FOR THE OPEN SPACE SHALL BE INCLUDED IN THE HOMEOWNERS ASSOCIATION DOCUMENTS 23. THE NUMBER OF LOTS IN THE PLAT SHALL BE REDUCED TO 39. 24. ALL APPROPRIATE EASEMENTS SHALL BE SHOWN ON THE PLAT. 25. THE CUE DE SAC ISLANDS AND 207TM STREET MEDIAN BE PLA'IrED AS OUTLOTS. 26. THE DEVELOPER PROVIDE LITERATURE TO PROSPECTIVE BUYERS ALERTING THEM TO THE EXSITENCE OF THE GUN CLUB AND THE EXISTENCE OF THE GUN CLUB BE NOTED IN THE HOMEOWNERS ASSOCIATION DOCUMENTS. S:\PLANNING\SCOTT~P0013CC.DOC RESOLUTION NO. 01 - CITY OF ELK RIVER A RESOLUTION GRANTING FINAL PLAT APPROVAL FOR: Meadowwoods Village Case No. P 00-13 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 October 6, 2000; 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. 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: S:~PLANNING~RESOLUTI~p00-13.doc Page 2 WHEREUPON the resolution is adopted. Passed and adopted this __ day of ,2001. 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 ,2001. WITNESS my hand officially as such Clerk and the corporate seal of the City this __ day of ,2001. Sandra Peine, City Clerk STATE OF MINNESOTA SS. COUNTY OF SHERBURNE The foregoing instrument was acknowledged before me this , 2001, by Stephanie Klinzing, Mayor, City of Minnesota. Elk day of River, Notary Public S:~LANNING\RESOLUTI~o00-13.doc Page 3 STATE OF MINNESOTA SS. COUNTY OF SHERBURNE The foregoing instrument was acknowledged before me this ~ day of ,2001, by Sandra Peine, City Clerk, City of Elk River, Minnesota. Notary Public THIS INSTRUMENT WAS DRAFTED BY: DOHERTY RUMBLE & BUTLER 3500 Fifth Street Towers 150 South Fifth Street Minneapolis, MN 55402-4235 S:~LANNING\RESOLUTI\p00-13.doc Page 4 EXHIBIT A Legal Description: The Southwest Quarter of the Northwest Quarter and the Northwest Quarter of the Southwest Quarter, all in Section 17, Township 33, Range 26, Sherburne County, except those parts thereof lying East of County Road No. 1. S:~DLANNING\RESOLUTI~p00-13.doc Page 5 Conditions: EXHIBIT B 1. A DEVELOPERS AGREEMENT OUTLINING THE TERMS AND CONDITIONS OF THE PLAT APPROVAL AND INSTALLATION OF IMPROVEMENTS BE PREPARED AND EXECUTED PRIOR TO RELEASING THE PLAT FOR RECORDING. 2. ALL COMMENTS OF THE CITY ENGINEER BE SHALL BE ADDRESSED. 3. A HOMEOWNERS ASSOCIATION DOCUMENT BE PREPARED SUBJECT TO THE CITY ATrORNEY'S REVIEW AND APPROVAL PRIOR TO FINAL PLAT. 4. STREET LIGHTS BE INSTALLED AS REQUIRED BY ELK RIVER UTILITIES 5. A LETTER OF CREDIT BE PROVIDED TO THE CITY IN THE AMOUNT OF 100% OF THE COSTS OF THE PUBLIC IMPROVEMENTS. 6. 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. 7. PARK DEDICATION FEES IN THE AMOUNT REQUIRED BY THE CITY AT THE TIME OF FINAL PLAT BE PAID PRIOR TO RELEASING THE PLAT FOR RECORDING. 8. 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 SEALCOAT FEE IN THE AMOUNT TO BE DETERMINED BY THE CITY ENGINEER BE PAID PRIOR TO RELEASING THE PLAT FOR RECORDING. 10. A GRADING AND EROSION CONTROL PLAN BE APPROVED BY THE CITY ENGINEER PRIOR TO THE ISSUANCE OF BUILDING PERMITS. 11. A DEVELOPMENT PLAN BE APPROVED BY THE CITY ENGINEER PRIOR TO THE ISSUANCE OF BUILDING PERMITS. 12. ALL GRADING BE CERTIFIED PRIOR TO THE ISSUANCE OF BUILDING PERMITS. 13. OUTLOT A, OUTLOT B AND OUTLOT C BE PROTECTED BY A DEED RESTRICTION TO BE HELD BY THE HOMEOWNERS ASSOCIATION OR A CONSERVATION EASEMENT HELD BY A QUALIFIED LAND TRUST. 14. ALL MAILBOXES BE CLUSTERED. 15. A TREE PRESERVATION PLAN BE APPROVED PRIOR TO RELEASING THE PLAT FOR RECORDING. 16. 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. S:~PLANNING\RESOLUTI~p00-13.doc Page 6 STAFF SHALL INSPECT FENCING PRIOR TO CLEARING OF TREES OR GRADING COMMENCING. 17. ALL DISTURBED AREAS SHALL BE GRADED AND SEEDED. 18. ALL COMMENTS FROM SHERBURNE COUNTY HIGHWAY DEPARTMENT SHALL BE ADDRESSED. 19. ALL SIDEWALKS, WOODCHIP TRAILS AND THE 10 FOOT WIDE BITUMINOUS TRAIL NORTH OF 209TM AVENUE SHALL BE INSTALLED BY THE DEVELOPER. 20. THE TRAIL FOR PUBLIC USE SHALL BE PLACED IN A TRAIL EASEMENT AND GRANTED TO THE CITY. 21. MAINTENANCE OF THE OUTLOT$, THE LANDSCAPED MEDIAN ON 209TM AVENUE AND THE LANDSCAPED ISLANDS IN THE CUL DE SACS SHALL BE THE RESPONSIBILITY OF THE HOMEOWNERS ASSOCIATION AND SHALL BE INCLUDED IN THE HOMEOWNERS ASSOCIATION AGREEMENT. 22. A RESTORATION AND MAINTENANCE PLAN FOR THE OPEN SPACE SHALL BE INCLUDED IN THE HOMEOWNERS ASSOCIATION DOCUMENTS 23. THE NUMBER OF LOTS IN THE PLAT SHALL BE REDUCED TO 39. 24. ALL APPROPRIATE EASEMENTS SHALL BE SHOWN ON THE PLAT. 25. THE CUL DE SAC ISLANDS AND 209TM STREET MEDIAN BE PLATTED AS OUTLOTS. 26. THE DEVELOPER PROVIDE LITERATURE TO PROSPECTIVE BUYERS ALERTING THEM TO THE EXISTENCE OF THE GUN CLUB AND THAT THE EXISTENCE OF THE GUN CLUB BE NOTED IN THE HOMEOWNERS ASSOCIATION DOCUMENTS. 27. A 30 FOOT WIDE DRAINAGE AND UTILITY EASEMENT BE IN PLACE ALONG THE NORTH PROPERTY LINES OF LOTS 1 - 4 AND LOT 7, BLOCK 4, AND ALSO DEED RESTRICTIONS BE INCLUDED THAT RESTRICT CUTTING OF THE TREES AND VEGETATION, AND THE PLACEMENT OF STRUCTURES WITHIN THAT EASEMENT. 28. ACCESS TO LOTS WITH FRONTAGE ON THE TRAFFIC CIRCLE SHALL BE LIMITED TO THE STREETS FACING THE CIRCLE. S:~PLAN NING~';~ESOLUTI~p00-13.doc Page 7