6.1. SR 04-16-2001City
MEMORANDUM
Item
TO:
FROM:
DATE:
SUBJECT:
Mayor and City Council
Scott Harlicker, Senior Plannd~
April 16, 2001
Case No .P 01-01
Request by Dynamics Design & Land Company and Thomas Hartman
For Preliminary Plat- Fox Haven
Request
Consider a request by Dynamics Design and Land Company for final plat of Fox Haven
( 19 lots single family lots).
Location
The property is located no~h of 185~ Avenue, south of Lake Orono and west of
Guardian An§els West.
Zonin_q/Land Use
R Ic (Sin§le Family Residential) / MR (Medium Density Residential)
Attachments
· Location map
· Final plat
· Resolution No. 01-
Memo to Planning Commission/P 01-0 I
April 16, 200 I
Page 2
Overview
The applicant requesting final plat approval to plat 24.33 acres into 19 single family lots
and 6 outlots. The City Council approved the preliminary plat for Fox haven on
February 20, 200 I. The general layout of the plat is a loop road with the lots fronting on
the outside of the loop and the inside of the loop being common open space. Five lots
and one outlot will have frontage on Lake Orono. The property is within the urban
service area and the lots will be connected to municipal sewer and water. The final plat
is consistent with the approved preliminary plat.
Layout
Streets
The main street through the plat is a loop road with a formal divided entrance and exit
from 185* Avenue. The applicant is proposing one-way traffic flow around the loop.
There will be a connection about midway through the loop to allow for cross-over
traffic. This connection will allow residents that live near the exit of the development an
opportunity to avoid driving all the way around the loop to get to their driveway. The
developer is proposing a 6 foot wide concrete sidewalk on the dwelling side of the loop
road.
Lots
The development includes 19 single family lots. The existing house will be located on
one of the lots. All of the lots exceed the I 1,000 square foot minimum lots size. Most of
the Iots(I 6) exceed 20,000 square feet in size. All of the lots have frontage and access
from the loop road. Six of the lots and one outlot have lake frontage. Five of the six
outlots will be owned and maintained by a homeowners association. Outlot D will
provide access to Lake Orono. Residents will be allowed to launch watercraft, such as
canoes, from this outlot. The number of boat slips and docks allowed on this outlot is
controlled by the Shoreline Ordinance. Outlot F will be platted at some time in the
future as two single family lots and will be owned by the developer.
Shoreline Manaqement Ordinance
The project has been compared to the rules and regulations found in the Shoreline
Management Ordinance. The project complies with those rules and regulations. The plat
was also sent to the DNR for comments.
Grading, Drainage, Utilities and Erosion Control
The City Engineer has reviewed the grading and drainage plan. The City Engineer will be
at Monday's meeting to answer any questions. The lots will be connected to municipal
sewer and water.
S:\PLANNING\SCOTT~P0101 FIN.DOC
Memo to Planning Commission/P 0 I-0 I
April 16, 200 I
Page 3
Parks and Trails
No parks or trails are proposed for this 'project. Park dedication requirements will be
met with a cash dedication for 18 lots.
Landscaping
The proposed landscape plan includes a mix of red maples and white ash trees. One
street tree is proposed for each lot. The zoning code requires one street tree and a
front yard tree for each lot. An additional front yard tree will be required on each of the
lots. Trees are also proposed for the entrance drive median and the berm along 185th
Avenue.
Recommendation
Staff recommends the City Council approve Resolution No. 0 I-
approval for Fox Haven with the following conditions:
granting final plat
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
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.
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.
S:\PLANNING\SCOTT~P0101 FIN.DOC
Memo to Planning Commission/P 01-0 I
April 16, 200 I
Page 4
11. A DEVELOPMENT PLAN BE APPROVED BY THE CITY ENGINEER PRIOR TO THE
ISSUANCE OF BUILDING PERMITS.
19. ALL GRADING BE CERTIFIED PRIOR TO THE ISSUANCE OF BUILDING PERMITS.
13. ALL MAILBOXES BE CLUSTERED.
14. A TREE PRESERVATION PLAN BE APPROVED PRIOR TO RELEASING THE PLAT FOR
RECORDING.
15. 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 EG~UIPMENT, DEBRIS OR MATERIALS.
STAFF SHALL INSPECT FENCING PRIOR TO GRADING COMMENCING.
16. ANY OFF SITE GRADING WILL REQUIRE EASEMENTS FROM ADJACENT PROPERTY
OWNERS.
17. OUTLOT D WILL BE WIDENED SO THAT IT IS 80 FEET WIDE AT THE FRONT SETBACK.
18. ALL COMMENTS OF THE DNR SHALL BE ADDRESSED.
19. THE NUMBER OF BOAT SLIPS OR DOCKS ALLOWED ON OUTLOT D IS LIMITED TO 6.
90. COVENENTS OUTLINING THE USE OF OUTLOT D SHALL BE RECORDED WITH THE PLAT.
91. A REVISED LANDSCAPE PLAN SHALL BE PROVIDED WHICH INCLUDES ONE STREET
TREE AND ONE FRONT YARD TREE ON EACH LOT.
99. OUTLOTS A, B, C, D AND E SHALL BE OWNED IN COMMON AND MAINTAINED BY THE
HOMEOWNERS ASSOCIATION.
S:\PLANNING\SCO'I-~P0101 FIN.DOC
ORONO
LAKg'
ORONO
LOCATION
MAP
.. CASE: ~ 0
55330
CURVE TABLE
OURVE LENGTH RADIUS DELTA
CI 50.84 270.00 I0047'18'
C2 25.02 345.00 4'09~20"
C3 25.02 345.00 4~09'20·
C4- 25.01 345.00 4°09'10"
C5 25.02 345.00 4.°09'20·
C6 34..42 345.00 5'43'02#
C7 161,13 105.00 87'55'34.#
C8 1.32.72 95.00 80002'53"
C9 62,87 4.5.00 80'02'53"
CIO 92.68 115.00 46'10'38"
ell 67.27 22.50 171'18'52"
Cl2 55.08 55.00 55°17'~4"
CI3 8.18 105.00 4"27'50"
CI4 40.69 105.00 22012'06·
C15 50.77 680.00 4°16~40·
CI6 48.83 655.00 4°16'17'
Cl7 8.50 805.00 0°36'17#
CI8 61.33 40.00 87'50'50#
CI9 46.52 65.00 41000'06"
C20 55,14 65.00 46050'44"
C21 14.60 275.00 3°02'29"
C22 44.14 275.00 9°11'46''
GRAPHIC SCALE
100 0 50 100 200
( SC~ IN YY~T)
LINE TABLE
BEARING
h2~w
I L2 I47.g5 I N2,'O,'53"W
ORONO
The West llne of the NW I/4 of Sec. 32, Twp. 33, Rng. 26-
._.._.._-- 1905%
The East line of the NE I/4 of Sec. 31, Twp. 33, Rng. 26-J
441.60 '
/
The West line of the East 191--/
feet of the NE I/4, Sec. 31
S00°4.5'50"E
871.60
FOX
HA VEN
Droinege and Utility Easements ore shown
thus:
. 6~-6J.II-
-'22J----- Jl[~ .... JJL_
Being 12 feet in width and adjoining
right-of-way lines, also being 6 feet
in width end adjoining lot lines, unless
otherwise Indicated, as shown on plat.
.?.
1827%
NOle48'OO"W 1482.44.
.~ 245.00 t85.00
11
OUT£OT C
10
12t.19
5
6
NOOe45'50"W
I
I
I
I
I
Scale: I inch = I00 feet.
For the purposes of this plot, the
East line of the N.E. I/4, Sec. 31,
T. 33, R. 26, is assumed to beer
North 00°45'50" West.
Denotes I/2 inch x 14 Inch iron monument
with o plastic plug stomped R.L.S. 2172g.
Denotes I/2 inch x 14 inch iron monument
with a plastic plug stamped R.LS. 21729,
to be set within I year of recording this plot.
163.0o
DRAINA(~ AND
UtILItY EASEMENT
3
3
681.19
120.0o
A SHERBURNE County
Cast Iron Monument
CITY OF ELK RIVER
SHERBURNE COUNTY, MN.
227.93
~ OUTLOT~
236.65--'
Naples $~reet
RESOLUTION NO. 01 -
CITY OF ELK RIVER
A RESOLUTION GRANTING FINAL PLAT APPROVAL FOR:
FOX HAVEN
Case No. P 01-01
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 February 20, 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:
Ao
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.
Co
The physical characteristics of the site, including , but not limited
to, topography, soils, vegetation, susceptibility to erosion and
o
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.
Go
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:~°LANNING\RESOLUTI~p01-01 .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.
STATE OF MINNESOTA
SS.
COUNTY OF SHERBURNE
Sandra Peine, City Clerk
The foregoing instrument was acknowledged before me this
, 2001, by Stephanie Klinzing, Mayor, City of
Minnesota.
Elk
day of
River,
Notary Public
S:\PLANNING\RESOLUTI~p01-01 .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:~PLANNING\RESOLUTI~p01-01 .doc Page 4
EXHIBIT A
PARCEL "A": (Torrens Property)
That part of the Northwest Quarter of Section 52, Township 55,
Range 26, Sherburne County, Minnesota, described as commencing at
the Southwest corner of said Northwest Quarter; thence North 89
degrees, 16 minutes, 46 seconds East along the South line of said
Northwest Quarter for ,367.66 feet to a point to be hereafter known
as Point "A" for the purposes of this description; thence continue
North 89 degrees, 16 minutes, 46 seconds East alan9 said South line
for 51.3.48 feet; thence North I degree, 48 minutes, O0 seconds West
for 90.65 feet, more or less, to intersect the Northerly line of
the right-of-way of U.S. Highway No. I0, said point of intersection
also bain9 the actual Point Of Beginning of the land to be hereby
described; thence continue North I degree, z~8 minutes, O0 seconds
West for approximately 1827 feet to intersect the thread of the Elk
River; thence westerly along said thread of the Elk River to
intersect a line bearing North I degree, 48 minutes, O0 seconds
West from said Point "A"; thence South I degree, 48 minutes, O0
seconds East for approximately 1829 feet to intersect said
Northerly line of the highway right-of-way, said last point of
intersection also bain9 a distance of 55.84 feet, more or less,
north of said Point "A" as measured alan9 said line bearin9 North
I degree, 48 minutes, O0'seconds West; 'thence northeasterly alan9
said highway right-of- way, being a non-tangential curve concave to
the north, radius 2179.53 feet, for a central angle of 8 degrees,
21 minutes, 19 seconds, and length 317.81 feet, more or less, to
the Point Of Beqinning. For the purposes of this description the
West line of th.: $,,uthwest Quarter of said Section 52 is assumed to
bear South 0 de.}rees, 48 minutes, 51 seconds East.
EXCEPT that par~. platted os FOX HAVEN COMMERCIAL, Sherburne County,
Minnesota.
EXHIBIT A
PARCEL "B": (Torr.-:-ns Property)
That part of the Northwest Quarter of Section 32, Township 35,
Range 26, Sherburne County, Minnesota, described as Commencing at
the Southwest corner of said Northwest Quarter; thence North 89
degrees 16 minutes 46 seconds East along the South tine of said
Northwest Quarter for 367.66 feet to a point to be' hereafter known
as Point "A" for the purposes of this description; thence North I
degree 48 minutes O0 seconds West for 35.84 feet, more or less, to
intersect the Northerly line of the right-of-way of U.S. Highway
No. 10, said point of intersection also being the actual Point of
Beginning of the land to be hereby described; thence continue North
I degree 48 minutes O0 seconds West for approximately 1829 feet to
intersect the thread of the Elk River; thence westerly along said
thread of the Elk River to intersect the West line of said
Northwest Quarter of Section 52; thence South 0 degrees 45 minutes
50 seconds East along said West line of the Northwest Quarter for
approximately 1905 feet to intersect said Northerly line of the
highway right-of-way, said last point of intersection also being a
distance of 22.85 feet, more or less, north of said Point of
Commencement, as measured along said West line of the Northwest
Quarter; thence North 89 degrees 50 minutes 42 seconds East along
said highway right-of-way for 114.11 feet; thence continue easterly
along said highway right-of-way being a tangential curve concave to
the north, radius 2179.35 feet, for a central angle of 6 degrees 39
minutes 56 seconds, and length 255.53 feet more or less, to the
Point of Beginning. For the purposes of this description the West
line of the Southwest Quarter of said Section 52 is assumed to bear
South 0 degrees, 48 minutes, 31 seconds East. Together with the
East 24- feet of the South 975 feet; and the East 20 feet of the
North 30 feet of the South 1005 feet; all of the East Half of the
Northeast Quarter of Section 51, said Township 53, Range 26, said
County and State.
Excepting therefrom all that part of said East 24 feet of the South
975 feet taken for said U.S. Highway No. I0.
Also together with all that part of the East 191 feet of said East
Half of the Northeast Quarter of Section 51 lying southerly of said
thread of the Eli< River, and lying north of the north I'ine of said
South 1005 feet of the East Half of the Northeast Quarter.
EXCEPT that pa,-t platted as FOX HAVEN COMMERCIAL, Sherburne County,
Minnesota.
AND (Torrens Property)
That part of Outlot A, FOX HAVEN COMMERCIAL, Sherburne County,
Minnesota, lying Easterly of the West line of the East 24.00 feet
of the Southeast Quarter of the Northeast Quarter of Section 31,
Township 35, Range 26.
AND (Abstract Property)
That part of Outlot A, FOX HAVEN COMMERCIAL, Sherburne County,
Minnesota, lying Westerly of the West line of the East 24.00 feet
of the Southeast Quarter of the Northeast Quarter of Section 51,
Township 35, Range 26.
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 LETrER 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. ALL MAILBOXES BE CLUSTERED.
14. A TREE PRESERVATION PLAN BE APPROVED PRIOR TO RELEASING THE PLAT FOR
RECORDING.
15. 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.
16. ANY OFF SITE GRADING WILL REQUIRE EASEMENTS FROM ADJACENT PROPERTY
OWNERS.
17. OUTLOT D WILL BE WIDENED SO THAT IT IS 80 FEET WIDE AT THE FRONT SETBACK.
S:~PLANNING\RESOLUTI~p01-01.doc Page 6
18. ALL COMMENTS OF THE DNR SHALL BE ADDRESSED.
19. THE NUMBER OF BOAT SLIPS OR DOCKS ALLOWED ON OUTLOT D IS LIMITED TO 6.
20. COVENENTS OUTLINING THE USE OF OUTLOT D SHALL BE RECORDED WITH THE PLAT.
21. A REVISED LANDSCAPE PLAN SHALL BE PROVIDED WHICH INCLUDES ONE STREET
TREE AND ONE FRONT YARD TREE ON EACH LOT.
22. OUTLOTS A, B, C, D AND E SHALL BE OWNED IN COMMON AND MAINTAINED BY THE
HOMEOWNERS ASSOCIATION.
S:~PLAN NING\RESOLUTI~o01-01.doc Page 7