7.1. SR 01-16-1996ITEM 7.1.
'ity of
vet
TO:
FROM:
DATE:
SUBJECT:
MEMORANDUM
Mayor and City Council
Steven B. Ach, City Planner~
January 16, 1996
Request for Final Plat Approval,
Weatherwood Subdivision, Case
P 95-1
Issue
Jeff Mastley and Randy Lindquist are requesting final plat approval to
subdivide approximately 80 acres into 21 single family residential lots.
Location
The property is generally described as the area lying east of Zebulon Street
(County Road 72) and directly south of Fairhaven Hills subdivision.
Zoning/Land Use
Rla (Single Family Residential) / LR (Low Density Residential)
Attachments
Location Map
· Final Plat
· Resolution 95-
Background
This plat was presented to the City Council on December 18, 1995, for
consideration. Based on unresolved drainage issues, the final plat was
deferred to tonight's meeting allowing the developers to assemble the
appropriate information. The City Engineer is reviewing drainage
information submitted by the developer's engineer. The information from the
developers was not available for distribution. The City Engineer is expected
to be ready to update the Council at Tuesday's meeting.
13065 Orono Parkway · P.O. Box 490 · Elk River, MN 55330 · (612) 441-7420 · Fax: (612) 441-7425
Weatherwood Subdivision Final Plat
December 18, 1995
Page 2
Recommendation
It is recommended the City Council approve Resolution 95- , granting
final plat approval with the conditions outlined in the resolution:
A developer's agreement be prepared outlining the terms and
conditions for plat approval and installation of improvements.
All comments outlined in the City Engineer's memo dated June 21,
1995, be addressed and incorporated as part of the final plat prior to
recording.
o
A surface water management impact fee in the amount of $1,297.80 be
paid to the City prior to releasing the final plat for recording.
A park dedication fee in the amount of $10,500 be paid prior to
releasing the final plat for recording.
All of the proposed wetland mitigation areas occur outside of the
easements which encumber the county ditch system.
o
A tree preservation plan be submitted with each building permit where
homes are constructed in wooded areas.
An NPDES Permit be obtained for the grading associated with the
development prior to commencing any grading on site.
o
Proper erosion control be incorporated into the grading and road
construction plan. Best Management Practices shall be utilized and
reviewed and approved by the City Engineer.
The developer reimburse the City for all of the costs associated with
reviewing this plat prior to releasing the plat for recording.
10.
Developer shall provide the City with a Letter of Credit in the amount
required by the City to cover the costs of all street improvements.
11.
Upon completing all of the improvements and having them accepted by
the City, a warranty bond in the amount of 25% percent of the
improvement costs shall be submitted to the City for a one-year period.
s:council:p95-1xxx
Weatherwood Subdivision Final Plat Page 3
December 18, 1995
12. As part of the road construction improvements, the developer shall be
responsible for extending Troy Street north of 199th Avenue into the
Fairhaven Hills plat.
13.
Street lights be installed as part of the public improvements as
required by the City.
14.
All driveways within the plat be improved with either a bituminous or
concrete surface from the edge of the street to 10 feet within the
property line.
15.
The developer shall pay a sealcoating fee in the amount determined by
the City Engineer prior to releasing the final plat for recording.
16.
A development plan illustrating type of home and finished floor
elevations be approved by the City Engineer prior to issuance of a
building permit.
17.
A letter of credit be provided to the City prior to recording the plat to
ensure the wetland mitigation work is completed. This letter of credit
shall remain in effect for one (1) year following City acceptance of
mitigation work.
18.
Appropriate restrictive covenant documents be prepared for the
Building and Zoning Administrator to review which can be recorded to
protect the wetland mitigation areas.
s:council:p95- lxxx
LOCATION MAP
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RESOLUTION NO. 95 -
CITY OF ELK RIVER
A RESOLUTION GRANTING FINAL PLAT APPROVAL FOR:
WEATHERWOOD
CASE NO. P 95-1
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 December 18, 1995; 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.
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.
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.
o
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 two years 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:
Page 2
WHEREUPON the resolution is adopted.
Passed and adopted this__
day of
,1995
Henry Duitsman, 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 ,1995.
WITNESS my hand officially as such Clerk and the corporate seal of the
City this __ day of ,1995.
Sandra Thackeray, City Clerk
STATE OF MINNESOTA
SS.
COUNTY OF SHERBURNE
The foregoing instrument was acknowledged before me this __
, 1995, by Henry Duitsman, Mayor, City of
Minnesota.
Elk
day of
River,
Notary Public
Page 3
STATE OF MINNESOTA
SS.
COUNTY OF SHERBURNE
The foregoing instrument was acknowledged before me this __ day of
, 1995, by Sandra Thackeray, City Clerk, City of Elk River,
Minnesota.
Notary Public
THIS INSTRUMENT WAS DRAFTED BY:
LARKIN, HOFFMAN, DALY & LINDGREN, Ltd.
1500 Norwest Financial Center
7900 Xerxes Avenue South
Bloomington, MN 55431
Page 4
EXHIBIT A
That part of the Southwest Quarter of the Southwest Quarter of Section 19,
Township 33, Range 26, Sherburne County, Minnesota, that lies west of the
West line of the East 330.00 feet thereof; and that lies north of the North line of
the South 400.00 feet thereof, Excepting therefrom the North 350.00 feet of the
South 750.00 feet of the West 320.00 feet of said Southwest Quarter of the
Southwest Quarter. Also exception therefrom the West 20.00 feet of the East
350.00 feet of the North 350.00 feet of the South 750.00 feet of said Southwest
Quarter.
Subject to that part taken for County Road No. 72, also known as Zebulon Street
N.W.,
together with:
The South 825.00 feet of the Southeast Quarter of the Southwest Quarter.
The East 330.00 feet of the South 660.00 feet of the Southwest Quarter of the
Southwest Quarter.
The South 200.00 feet of that part of the Southwest Quarter of the Southwest
Quarter lying West of the East 330.00 feet thereof. Section 19, Township 33,
Range 26, Sherburne County, Minnesota.
Also the South 200.00 feet, lying North of the South 200.00 feet of that part of
the Southwest Quarter of the Southwest Quarter lying West of the East 330.00
feet thereof, in Section 19, Township 33, Range 26, Sherburne County,
Minnesota.
The Southeast Quarter of the Southwest Quarter, except the South 825.00 feet
thereof, Section 19, Township 33, Range 26.
The East 330.00 feet of the Southwest Quarter of the Southwest Quarter, except
the South 660.00 feet of said East 330.00 feet. Section 19, Township 33, Range
26.
Page 5
EXHIBIT B
A developer's agreement be prepared outlining the terms and conditions for plat
approval and installation of improvements.
All comments outlined in the City Engineer's memo dated June 21, 1995, be
addressed and incorporated as part of the final plat prior to recording.
A surface water management impact fee in the amount of $1,297.80 be paid to
the City prior to releasing the final plat for recording.
A park dedication fee in the amount of $10,500 be paid prior to releasing the final
plat for recording.
All of the proposed wetland mitigation areas occur outside of the easements
which encumber the county ditch system.
A tree preservation plan be submitted with each building permit where homes
are constructed in wooded areas.
An NPDES Permit be obtained for the grading associated with the development
prior to commencing any grading on site.
Proper erosion control be incorporated into the grading and road construction
plan. Best Management Practices shall be utilized and reviewed and approved
by the City Engineer.
The developer reimburse the City for all of the costs associated with reviewing
this plat prior to releasing the plat for recording.
10.
Developer shall provide the City with a Letter of Credit in the amount required by
the City to cover the costs of all street improvements.
11.
Upon completing all of the improvements and having them accepted by the City,
a warranty bond in the amount of 25% percent of the improvement costs shall be
submitted to the City for a one-year period.
12.
As part of the road construction improvements, the developer shall be
responsible for extending Troy Street north of 199th Avenue into the Fairhaven
Hills plat.
13. Street lights be installed as required by Anoka Electric or Elk River Utilities.
14.
All driveways within the plat be improved with either a bituminous or concrete
surface from the edge of the street to 10 feet within the property line.
15.
The developer shall pay a sealcoating fee in the amount determined by the City
Engineer prior to releasing the final plat for recording.
Page 6
16.
17.
18.
A development plan illustrating type of home and finished floor elevations be
approved by the City Engineer prior to issuance of a building permit.
A letter of credit be provided to the City prior to recording the plat to ensure the
wetland mitigation work is completed. This letter of credit shall remain in effect
for one (1) year following City acceptance of the mitigation work.
Appropriate restrictive covenant documents be prepared by the Building and
Zoning Administrator and recorded to protect the wetland mitigation areas.
Page 7