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6.2. SR 04-16-2001MEMORANDUM Item # 6.2. TO: FROM: DATE: SUBJECT: Mayor and City Council Scott Harlicker, Senior Planner,~ April 16, 2001 Case No. P 01-07 Request by Dynamics Design and Land Company for Final Plat Windsor Park Second Addition Request Consider a request by Dynamics Design and Land Company for final plat of Windsor Park Second Addition. Location Lander Street and 211th Avenue; Outlot D, Windsor Park Zoning/Land Use Rla (Single Family Residential) / LD (Low Density Residential) Attachments Location map · Final plat · Resolution No. 01- Overview The applicant is proposing to final plat Windsor Park Second Addition. Windsor Park Second Addition consists of 6 lots and is the final phase of Windsor Park. Windsor Park is a cluster or open space plat located on County Road 1 south of County Road 33. Windsor Memo to Mayor & City C:ouncil/P 01-07 April 16, 200 I Page 2 Park received preliminary approval on December 20, 1999 and final plat approval for the first phase on January 18, 2000. Windsor Park Second Addition is consistent with the approved preliminary plat. All the roads and utilities have been installed as part of the first phase. No additional street or utility work is proposed for this addition. Park dedication requirements for this development were met with the dedication o£ land for in Windsor Park as a city park. Outlot A will be deeded to the adiacent property owner on the west in order to address a property line dispute. The City Engineer will be at Monday's meeting to answer any questions. Recommendation Staff recommends that the City Council adopt Resolution No. 01- granting final plat approval for Windsor Park Second Addition with the following conditions: 1. ALL COMMENTS OF THE CITY ENGINEER BE SHALL BE ADDRESSED. 2. STREET LIGHTS BE INSTALLED AS REQUIRED BY ELK RIVER UTILITIES 3. 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. 4. A GRADING AND EROSION CONTROL PLAN BE APPROVED BY THE CITY ENGINEER PRIOR TO THE ISSUANCE OF BUILDING PERMITS. 5. A DEVELOPMENT PLAN BE APPROVED BY THE CITY ENGINEER PRIOR TO THE ISSUANCE OF BUILDING PERMITS. 6. ALL GRADING BE CERTIFIED PRIOR TO THE ISSUANCE OF BUILDING PERMITS. 7. ALL MAILBOXES BE CLUSTERED. 8. A TREE PRESERVATION PLAN BE APPROVED PRIOR TO RELEASING THE PLAT FOR RECORDING. 9. 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. 10. ALL DISTURBED AREAS SHALL BE GRADED AND SEEDED. 11. ALL APPROPRIATE EASEMENTS SHALL BE SHOWN ON THE PLAT. S:\PLANNING\SCOT'I~windsor Park fin.doc Memo to Mayor & City Council/P 01-07 April 16, 200 I Page 3 12. MPCA APPROVAL OF THE SEPTIC SYSTEM WILL BE REQUIRED PRIOR TO ISSUING ANY BUILDING PERMITS. 13. OUTLOT A SHALL BE DEEDED TO THE ADJACENT PROPERTY OWNER TO THE WEST. 14. THE HOMEOWNERS ASSOCIATION DOCUMENTS SHALL BE REVISED TO INCLUDE WINDSOR PARK SECOND ADDITION. S:\PLANNING\SCOTI~windsor Park fin.doc LOCATION wise indicot~, os sho~ ~ the ~ot. John OaVer & ~~,.s,/nc: 19 20 21 Sheet 2 Of 2 Sheets City Of Elk 'ver ~, ,iL~.~T.~ I ~ -~- _ _ _~'j~ '~ 'w 3 r - - ~9'56'49"w ~ .... Z-ZZZZZ-- Ik, ., .--,'fl, ~ I I ~ ~~- - J".~ '~ / - = .... WINDSOR PARK SECOND ADDITION 0 60 120 180 SCALE IN FEET I inch = 60 feet For the purposes of this plot the West line of the North half of the Northwest Quarter, Section 17, Township JJ, Range 26, is assumed to hove o bearing of South O0 degrees 2.7 minuses 11 seconds East. · Denotes I/2 inch x 14 inch iron pipe with o plastic plug stomped R.L.S. 21729 ~o be set within I ~eor of recording this plot. 0 Denotes I/2 inch x 14 inch iron pipe set with o plastic plug stomped R.L.S. 21729. Drainage and Utility Easements ore shown thus: _Z___ :IL I I0 Being I0 feet in width and od~olnin9 right-of--way I/nos end rear lot lines. unless otherwise indicated, ol5o being 5 feet in width end adjoining side lot tines, unless otherwise indicated, o$ shown on the plot. Sherburne County, KNOW ALL PERSONS BY THE.~ PRE~ENT$: That D om/cs. Lomm · Debtor. L.L P. o Minnesota limited llob~71t por~n~p, fee owner, end that First No~ional 8onk of Elk Ri~r. o NoUonol Associo~n. mortgopee of ~he f~lowlng describ~ prop~ situote~in the Count~ of Sherbume. State of Minnesota, to-wit: Lo~ L ~lock 2. end Ougof D. WINDS~ PARK n N~hwest in the dui receded plot of WINDS~ PARK ~e~ urne C~n(~ M,nneso[o,_des~r~d.o~ A~nue N~p?st, o qi~ ..... ib~' the~'co 5~th 58 deor~s 04 minutes 51 seconds East o distance of 132.37 f~t: d~y Stole of M[nnesoto, Counf. y of __ The foregoing instrument wes acknowledged before me this day of Dpnomlc$, Lomm & Debtor, L.L.P.. o Mihne$oto limited liability partnership, on Oeholf of the State of Minnesota, County of The foregoing instrument wes acknowledged before me this end by Nofianoi Asset/eden. on behalf of the association. 200___~ by Marion gllnes. OS Managing Partner of Notary Public Count)/. Minnesota day of 200_~ b)' its __ Notary Public Count~, ~f~nesoto its of the First Notional Bank of Elk River, o MN Rick M. B/om, Lend Surveyor Minnesota License No. 21729 State of Minnesota. Count), of Tho foregoing Surve)'or's Certificate wes acknowledged before rne this .... day of 200~ by Rick M. Bl~m. Lend Surve~o~, Minnesota License No. 21729. Notary Public County, Minnesota John Oliver & Associates,/no. Sheet I Of I RESOLUTION NO. 01 - CITY OF ELK RIVER A RESOLUTION GRANTING FINAL PLAT APPROVAL FOR: WINDSOR PARK SECOND ADDITION Case No. P 01-07 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 December 20, 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: 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 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. Eo 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:~PLANNING\RESOLUTI~P01-07.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:~LANNING\RESOLUTI~P01-07.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~01-07.DOC Page 4 EXHIBIT A Lot 1, Block 2, and Outlot D, Windsor Park AND That part of 212th Avenue Northwest in the duly recorded plat of WINDOSR PARK, Sherburne County, Minnesota, described as commencing at the intersection of the centerline of said 212th Avenue Northwest and the centerline of County State Aid Highway No. 1 (Elk Lake Road Northwest) as shown on said plat of WINDSOR PARK; thence North 58 degrees 04 minutes 51 seconds West, plat bearing, along said centerline of 212th Avenue Northwest, a distance of 199.68 feet; thence North 31 degrees 55 minutes 09 seconds East a distance of 24.50 feet to the Point of Beginning of the tract to be described; thence South 58 degrees 04 minutes 51 seconds East a distance of 132.37 feet; thence southerly a distance of 29.87 feet; along a tangential curve concave to the west, having a radius of 14.00 feet, and a central angel of 122 degrees 13 minutes 51 seconds; thence westerly a distance of 29.24 feet, along a tangential compound curve concave to the north, having a radius of 29.00 feet, and a central angle of 57 degrees 46 minutes 09 seconds; thence North 58 degrees 04 minutes 51 seconds West, tangent to the last described curve, a distance of 45.14 feet; thence North 73 degrees 43 minutes 23 seconds West a distance of 51.92 feet; thence North 58 degrees 04 minutes 51 seconds West a distance of 24.83 feet; thence North 53 degrees 11 minutes 53 seconds West, a distance of 123.91 feet; thence northerly a distance of 41.60 feet, along a tangential curve concave to the east, having a radius of 14.00 feet, and a central angle of 170 degrees 14 minutes 31 seconds; thence South 62 degrees 57 minutes 22 seconds East, tangent to last described curve, a distance of 124.19 feet to the Point of Beginning. S:~LANNING\RESOLUTI~P01-07.DOC Page 5 EXHIBIT B 1. ALL COMMENTS OF THE CITY ENGINEER BE SHALL BE ADDRESSED. 2. STREET LIGHTS BE INSTALLED AS REQUIRED BY ELK RIVER UTILITIES 3. 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. 4. A GRADING AND EROSION CONTROL PLAN BE APPROVED BY THE CITY ENGINEER PRIOR TO THE ISSUANCE OF BUILDING PERMITS. 5. A DEVELOPMENT PLAN BE APPROVED BY THE CITY ENGINEER PRIOR TO THE ISSUANCE OF BUILDING PERMITS. 6. ALL GRADING BE CERTIFIED PRIOR TO THE ISSUANCE OF BUILDING PERMITS. 7. ALL MAILBOXES BE CLUSTERED. 8. A TREE PRESERVATION PLAN BE APPROVED PRIOR TO RELEASING THE PLAT FOR RECORDING. 9. 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. 10. ALL DISTURBED AREAS SHALL BE GRADED AND SEEDED. 11. ALL APPROPRIATE EASEMENTS SHALL BE SHOWN ON THE PLAT. 12. MPCA APPROVAL OF THE SEPTIC SYSTEM WILL BE REQUIRED PRIOR TO ISSUING ANY BUILDING PERMITS. 13. OUTLOT A SHALL BE DEEDED TO THE ADJACENT PROPERTY OWNER TO THE WEST. 14. THE HOMEOWNERS DOCUMENTS SHALL BE AMENDED TO INCLUDE WINDSOR PARK SECOND ADDITION. S:~LANNING\RESOLUTI~°01-07.DOC Page 6