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6.3. SR 03-25-1996'ity of ITEM 6.3. 'ver TO: FROM: DATE: SUBJECT: MEMORANDUM Mayor and City Council Steven B. Ach, City Planner~~ March 25, 1996 Request for Final Plat Approval by Phoenix Enterprises, Case No. P 96-1 Issue Consider Resolution No. 96-__, granting final plat approval for Hillside Crossing II by Phoenix Enterprises. Location Southeast corner of Highway 169 and 197th Avenue. Zoning/Land Use PUD (Planned Unit Development) / HB (Highway Business) Attachments · Letter from City Engineer dated March 22, 1996 · Final Plat · Resolution No. 96- · Minutes from March 11, 1996, City Council meeting Overview As previously presented to the City Council, final plat includes one developable commercial lot along with 3 outlots being platted as future commercial sites. In addition, appropriate right-of-way for the extension of Evans Street north of Sax Foods up to 197th, additional right-of-way along 197th to accomodate the necessary road improvements and right-of-way for 196th Avenue NW as it extends east of Evans Street into the Hillside Estates residential area. 13065 Orono Parkway · P.O. Box 490 · Elk River, MN 55330 · (612) 441-7420 · Fax: (612) 441-7425 Memo to the Mayor and City Council/P96-1 Page 2 March 25, 1996 The improvements to be constructed at this time include all of the necessary utilities to serve the proposed commercial development on Lot 1, Block 1, continuation of Evans Street along with sidewalk, sodding and landscaping up to 197th, and the necessary improvements to 197th Avenue. 196th Avenue NW will be platted as public right-of-way; however, the developer has asked that this road not be constructed at this time. Staff would agree that 196th Avenue NW is not needed at this time because there is no development that would be accessing the road with the first phase of the Hillside Crossing II planned unit development. The time that 196th Avenue would be constructed is along with the replatting of Outlot B or the platting of the residential area immediately to the east of Menards, which ever is to occur first. As mentioned in the preliminary plat, 196th Avenue is planned to have a sidewalk along the north side extending back into the residential area to a point that will have to be determined at a later date as it will be based on the residential design. Park Dedication As discussed at the City Council meeting, the Park and Recreation Commission's recommendation for a 75' corridor along the north portion of Outlot B has been removed from the plat. However, this area will be protected as a 50' buffer strip, whereby no development will be allowed to occur. Therefore, the park dedication requirements will consist of a cash dedication, based on the amount of developable acreage within the final plat. Resident Access North of 197th One of the outstanding issues that has not been resolved at the time of preparing this memorandum is the access issue for the residents immediately north of 197th. To reiterate, one of the conditions of preliminary plat approval was the City Engineer, developer and homeowners agree to a solution to provide acceptable access to residential properties. Improvements associated with enhancing the access will be the responsibility of the developer. Final Plat The final plat as presented is consistent with the preliminary plat as approved by the City Council. Staff has informed the developer that the plat will have to include a few additional sideline drainage and utility easements, along with appropriate easements based on the location of the fire hydrants on the Menards site. These adjustment will have to be made prior to releasing the final plat for recording. s:\council\p96-1.doc Memo to the Mayor and City Council/P96-1 Page 3 March 25, 1996 In addition to the adjustments to the easements shown on the final plat, all of the conditions for final plat approval will need to be met prior to releasing the final plat for recording. Recommendation It is recommended the City Council approve Resolution No. 96- ., granting final plat approval for Hillside Crossing II by Phoenix Enterprises with the following conditions: ALL OF THE CITY ENGINEER'S COMMENTS OUTLINED IN THE MEMO DATED 2/23/9,~ BEING INCORPORATED INTO THE APPROVAL OF THE PRELIMINARY P LAT. APPROPRIATE EASEMENTS AS REQUESTED BY ELK RIVER UTILITIES BE INCLUDED ON THE PLAT. THE DEVELOPER MAINTAIN A ,~0 FOOT BUFFER ALONG THE NORTH LIMITS OF THE PLAT. PARK DEDICATION REQUIREMENTS BE PAID IN CASH AT THE TIME OF FINAL PLAT. A LETTER FROM ANOKA ELECTRIC STATING APPROPRIATE EASEMENTS HAVE BEEN PROVIDED ON THE PLAT TO ACCOMMODATE THEIR EXISTING UTILITIES ALONG THE EAST SIDE OF HIGHWAY 169. o A SIX FOOT WIDE CONCRETE SIDEWALK BE INCLUDED ALONG THE EAST SIDE OF EVANS STREET UP TO 197TH AVENUE, THEN ALONG THE SOUTH SIDE OF 197TH AVENUE TO HIGHWAY 169. o A DEVELOPERS AGREEMENT BE PREPARED AND EXECUTED PRIOR TO RELEASING THE FINAL PLAT FOR RECORDING. o A PLANNED UNIT DEVELOPMENT AGREEMENT BE PREPARED AND EXECUTED PRIOR TO RELEASING THE FINAL PLAT FOR RECORDING. A SURFACE WATER MANAGEMENT IMPACT FEE BE PAID PRIOR TO RELEASING THE FINAL PLAT FOR RECORDING. 10. WATER AVAILABILITY CHARGE BE PAID PRIOR TO RELEASING THE FINAL PLAT FOR RECORDING. 11. ALL ENGINEERING AND LEGAL FEES BE PAID PRIOR TO RELEASING THE FINAL PLAT FOR RECORDING. 12. A SEAL COATING BE PAID PRIOR TO RELEASING THE FINAL PLAT FOR RECORDING. 13. A NPDES PERMIT BE OBTAINED PRIOR TO COMMENCING WORK ON-SITE. s:\council\p96-1.doc Memo to the Mayor and City Council/P96-1 March 25, 1996 14. NECESSARY APPROVALS FROM MNDOT BE OBTAINED PRIOR TO COMMENCING WORK ON-SITE. Page 4 15. THE FUTURE REPLATTING OF OUTLOTS MAY NECESSITATE AN INDIRECT SOURCE PERMIT. THIS WILL HAVE TO BE CONSIDERED WITH FUTURE PLATS. 16. A LETTER OF CREDIT COVERING 100% OF THIS COST OF IMPROVEMENTS BE SUBMITTED TO THE CITY PRIOR TO RELEASING THE PLAT FOR RECORDING. 17. UPON THE CITY ACCEPTING THE PUBLIC IMPROVEMENTS, A WARRANTY BOND IN THE AMOUNT OF 25% BE RETAINED FOR A ONE YEAR PERIOD. 18. A DESIGN BE WORKED OUT BETWEEN THE CITY ENGINEER, THE DEVELOPER AND THE TWO HOMEOWNERS DIRECTLY TO THE NORTH, TO ALLOW MORE DIRECT ACCESS TO THEIR HOMES. COSTS ASSOCIATED WITH THESE IMPROVEMENTS SHALL BE THE RESPONSIBILITY OF THE DEVELOPER. 19. MAINTAIN A NO CUT ZONE ALONG THE NORTH 50 FEET OF OUTLOT B. IN ADDITION, A NO CUT ZONE SHOULD BE ESTABLISHED BEYOND THE EASTERN EDGE OF THE PLAT FOR A DISTANCE OF 50'. 20. THAT 50% OF THE CITY'S SHARE OF THE SIGNALIZATION COSTS BE PAID BY THE DEVELOPER. s:\council\p96-1.doc CONSULTING ENGINEERS March 22, 1996 File: 230-297-11 1326 Energy Park Drive St. Paui, MN 55108 612-644-4389 1-800-888-2923 Fax:612-644-9446 Mr. Steve Ach City Planner City of Elk River 13065 Orono Parkway P.O. Box 490 Elk River, MN 55330 RE: HILLSIDE CROSSING II FINAL PLAT REVIEW Dear Mr. Ach: CIVIL ENGINEERING: ENVIRONMENTAL MUNICIPAL PLANNING SOLID WASTE STRUCTURAL SURVEYING TRAFFIC TRANSPORTATION ELECTRICAL/MECHANICAL ENGINEERING: HVAC POWER DISTRIBUTION SCADA SYSTEM CONTROLS OFFICES IN: MINNEAPOLIS PRIOR LAKE ST. PAUL WASECA As requested, we have reviewed the final plat of Hillside Crossing II. Based on our review, we would offer the following comments: Additional right-of-way has been added on 197th Avenue to provide for 100 feet at the intersection with TH 169. From that point to the east, it tapers back down to a width of approximately 90 feet. The pond located at the southeast comer of the plat has been included in Outlot A. This way, when Outlot A is developed, the pond will become part of that lot, eliminating any concern about the ponding area going tax forfeit or being the City's responsibility for normal maintenance such as grass cutting and trash pickup. The drainage and utility easement over the ponding area has excluded a small piece on the north line where the area is heavily wooded. We would suggest that this area also be drainage and utility easement. It would be the City's intent to save these trees; however, if something changes in the future where the pond needs to be expanded for some reason, this would provide a small area in which there would be room for expansion. Also, it is important that the City be provided a means of public access to this ponding location, either from the east side through a future residential development or through Outlot A. We have recommended before that drainage and utility easements be provided on the perimeters of all lots and outlots within this subdivision. However, they are only shown sporadically on the final plat. We would recommend that they be shown around the entire perimeters of Lot 1 Block 1, Outlot A, and Outlot B. An Equal Opportunity Employer Mr. Steve Ach March 22, 1996 Page Two Easements are shown on the plat to provide for utilities extended through Outlot A, Outlot C, and Lot 1 Block 1. It should be noted that these easements may be subject to minor modification as we work on the review of the Menards site plan and the preparation of plans and specifications for the public improvements concurrently with this final plat. The Developer has expressed his willingness to make whatever modifications are necessary to facilitate the improvements. If you have any questions regarding any of these comments, please call. Sincerely, MSA, CONSULTING ENGINEERS TJM:tw 297-2105.mar OUTLOT. I I I ! B. ! 488.16 4"00 S 02°03, O~~ W 'J, ,4 ~ C,S.C.LY ..~T O, ,,,~ t~t / ~% - - - S 02°03' 08" W 1625.18 .... RESOLUTION NO. 96 - CITY OF ELK RIVER A RESOLUTION GRANTING FINAL PLAT APPROVAL FOR: HILLSIDE CROSSING II CASE NO. P 96-1 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 March 11, 1996; 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. G. 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 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: s :XdocumentXresoluti\p96 - 1 .doc Page 2 WHEREUPON the resolution is adopted. Passed and adopted this ~ day of ,1996. 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 ,1996. WITNESS my hand officially as such Clerk and the corporate seal of the City this __ day of ,1996. STATE OF MINNESOTA SS. COUNTY OF SHERBURNE Sandra Thackeray, City Clerk The foregoing instrument was acknowledged before me this __ day of , 1996, by Henry Duitsman, Mayor, City of Elk River, Minnesota. Notary Public s:Xdocument\r esolutiXp 96 - 1.doc Page 3 STATE OF MINNESOTA SS. COUNTY OF SHERBURNE The foregoing instrument was acknowledged before me this , 1996, by Sandra Thackeray, City Clerk, City of Minnesota. day of Elk River, Notary Public THIS INSTRUMENT WAS DRAFTED BY: DOHERTY RUMBLE & BUTLER 3500 Fifth Street Towers 150 South Fifth Street Minneapolis, MN 55402-4235 s :\documentXresoluti\p96-1 .doc Page 4 EXHIBIT A s :\documentXr esolutiXp 96 - 1 .doc Page 5 o 10. 11. 12. 13. 14. 15. 16. EXHIBIT B ALL OF ]'HE CITY ENGINEER'S COMMENTS OUTLINED IN THE MEMO DATED 2/23/95 BEING INCORPORATED INTO THE APPROVAL OF THE PRELIMINARY PLAT. APPROPRIATE EASEMENTS AS REQUESTED BY ELK RIVER UTILITIES BE INCLUDED ON THE PLAT. THE DEVELOPER MAINTAIN A 50 FOOT BUFFER ALONG THE NORTH LIMITS OF THE PLAT. PARK DEDICATION REQUIREMENTS BE PAID IN CASH AT THE TIME OF FINAL PLAT. A LETTER FROM ANOKA ELECTRIC STATING APPROPRIATE EASEMENTS HAVE BEEN PROVIDED ON THE PLAT TO ACCOMMODATE THEIR EXISTING UTILITIES ALONG THE EAST SIDE OF HIGHWAY 169. A SIX FOOT WIDE CONCRETE SIDEWALK BE INCLUDED ALONG THE EAST SIDE OF EVANS STREET UP TO 197TH AVENUE, THEN ALONG THE SOUTH SIDE OF 197TH AVENUE TO HIGHWAY 169. A DEVELOPERS AGREEMENT BE PREPARED AND EXECUTED PRIOR TO RELEASING THE FINAL PLAT FOR RECORDING. A PLANNED UNIT DEVELOPMENT AGREEMENT BE PREPARED AND EXECUTED PRIOR TO RELEASING THE FINAL PLAT FOR RECORDING. A SURFACE WATER MANAGEMENT IMPACT FEE BE PAID PRIOR TO RELEASING THE FINAL PLAT FOR RECORDING. WATER AVAILABILITY CHARGE BE PAID PRIOR TO RELEASING THE FINAL PLAT FOR RECORDING. ALL ENGINEERING AND LEGAL FEES BE PAID PRIOR TO RELEASING THE FINAL PLAT FOR RECORDING. A SEAL COATING BE PAID PRIOR TO RELEASING THE FINAL PLAT FOR RECORDING. A NPDES PERMIT BE OBTAINED PRIOR TO COMMENCING WORK ON-SITE. NECESSARY APPROVALS FROM MNDOT BE OBTAINED PRIOR TO COMMENCING WORK ON-SITE. THE FUTURE REPLATTING OF OUTLOTS MAY NECESSITATE AN INDIRECT SOURCE PERMIT. THIS WILL HAVE TO BE CONSIDERED WITH FUTURE PLATS. A LETTER OF CREDIT COVERING 100% OF THIS COST OF IMPROVEMENTS BE SUBMITTED TO THE CITY PRIOR TO RELEASING THE PLAT FOR RECORDING. s:\document\resoluti\p96-1.doc Page 6 17. 18. 19. 20. UPON THE CITY ACCEPTING THE PUBLIC IMPROVEMENTS, A WARRANTY BOND IN THE AMOUNT OF 25% BE RETAINED FOR A ONE YEAR PERIOD. A DESIGN BE WORKED OUT BETWEEN THE CITY ENGINEER, THE DEVELOPER AND THE TWO HOMEOWNERS DIRECTLY TO THE NORTH, TO ALLOW MORE DIRECT ACCESS TO THEIR HOMES. COSTS ASSOCIATED WITH THESE IMPROVEMENTS SHALL BE THE RESPONSIBILITY OF THE DEVELOPER. MAINTAIN A NO CUT ZONE ALONG THE NORTH 50 FEET OF OUTLOT B. IN ADDITION, A NO CUT ZONE SHOULD BE ESTABLISHED BEYOND THE EASTERN EDGE OF THE PLAT FOR A DISTANCE OF 50'. THAT ,~0% OF THE CITY'S SHARE OF THE SIGNALIZATION COSTS BE PAID BY THE DEVELOPER. s :XdocumentXr esoluti\p96-1 .doc Page Scale: I inch = I00 feet. For the purposse of this plot, the North line of the N.E. I?~ of Sec. 4, T. 54, R. 28, is ossumed to bear North 89' 26' 08' Eeet. o Denotes I/2 inch x 14 Inch iron monument set with a ptoetic plug st~rnped R.L.S. 8194. · Denotes I/2 inch x 14 inch iron monument with a plostic plug stamped R.L.S. 8194, to be set within I ~ of rec~'diag this plat, unless other~iee noted. · Denotes Iron monument found. Drainage and Utility Easements are shown thus: __..% ...... t~ 1 Being I0 feet in ~dth end adjoining right- of-way lines, unless othe~ise indicated, also being 6 feet In ~dth Dad adjoining lot Ilnee, unless othenvise ind'~ceted, as shown on the HaL GEAP~C SCALE 100 0 50 100 200 SCALE LAFAYETTE r',' ..... ,, , r:. ,..- W :'~ ;'~ D f N!W I 4 " A Shed~urne t " (--North llne of N.£. I/4 o :Z ' ' ' ~ County monu~lent.  - "-% N89'I9'39"E 20'2-85 ---..~'''~- - - ! · 382.95 T WOODS \ ;', I -'; qNort~lin, of N.W.I I/4 of N.F- 1,4. \ NSS'~4'~"E ~O~7.SO OUTLOT D OUTLOT A ' o>/_4,e ,, N89"O4'47"E CITY OF ELK RIVER, SHERB URNE COUNTY, N.E. Come~ of Sec. 28, T. 55, R. 26. A S~erflume County Monument. ~.~ '/' · of N.E. I/4, Sec. 28, T. 53, R.26.--~. .~ / --~- [~._ '~ ~ REVISED FINAL PLAT ~ I ,,-' "'/,' ;~ [/) '~-South line of North 250 E. ,' © / , © OI~I.0T B 496.69 So~t~ll~e of N I/2 of NE I/4. MN. John Oliver & Associates 100 GRAPHIC SCALE 50 100 200 SCALE IN Scale: I inch = I00 feet. For the purposes of this plot, the North line of the N.E. I/4 of ~c. 4, T, 34, R. 21~ is ossumsd to bear North 89' 26* 08" East. o Denotes I/2 Inch x 14 inch Iron monument set with a pla~Uc plug stomped R,LS. 8194. · Denotes I/2 inch x 14 inch iron monument wl~h o plastic plug stamped R. LS. 8194, to be set within I ~ear of recording thL~ pla~, unlem otherwise noted. · Denotes Iron monument found. Drainoge ond Utility Easements are shown thu~ Io_L I I0 .......... ~11~ ....... 1 1 Being I0 fat In width and odjalnlng right- of-way lines, unless otherwiss Indicated, also being 6 f~et in width and adjoining lot lines, unless otherwise Indicated, as d~osn on the plat. A Sherbume County monument. LAFAYETTE WOODS SL~ SHEET 3 OF 4 SHEETS MATCH LINE C N.W. I/4, Se~ 28, T- ~, . - S L-85.04 J \ \ !~.}3RD AVE NW ! ;/E R!'," 0 N i OUTLOT F 874.60 CITY OF ELK RIVER, SHERB URNE CO UNTY, of Sec. 28, T. 55, R. 26. ~/ I I I I I ! MN. John Oliver Sc Associates LAF.4 YETTE - - ',2 ;2" ~, ',; '" ,.')~ :T~ :~T ~' /~NorU1 line of N.W. I/4, S~c. 28, T. 53, R. 26. OUTLOT ,B / N89*Ig',39'E 2072.85 ----_ OUTLOT A WOODS 1689.90 54~21 OUTLOT D 3 8 Seufl~ line of North I/2 ~ the ~ATCH LINE C CITY OF ELK RIVER, SHERBURNE COUNTY, MN. Scale¢ I inch = I00 feet. For the purposes of this plot, the North line of the N.E. I/4 of Sec. 4, T. ;~4, R. 28, is assumed to bear North 89' 26' 08" East. o Denotes I/2 inch x 14 inch iron monument set wlth a plosUc plug stomped R.L.S, 8194. e Denotes I/2 Inch x 14 inch iron monument with o plcstic plug stamped R.L.S. 8194. to be set within I year of recording this plot, unless otherwise noted, · Denotes iron monument found. Drainage and Utility Easements are shown thus: 8 '' $ P Reing lO f~t in ~idth and ad~oinhg right- of--way lines, unless oth~-~ise indicated, also being 6 feet in width end od joining lot lines, unless otherwise indicated, os sho~n oe the plot. N GRAPHIC SCALE 100 0 50 100 200 John Oliver & Associates 20 . 21 ~. / 22 Scale: I inch = I00 feet. For the purposes of this plot, the North line of the N.E. I/4 of Sec. 4. T..34, R, 28, is assumed to bear No~h 89° 26' 08' East. o Denotes I/'2 inch x 14 inch iron monument set with o plastic plug stomped R.L.S. BI94. e Denotes I/'2 inch x 14 inch iron monument with o plastic plug stomped R,L.S. 8194, to be set within I year of recording this plot, unless other~iee noted, · Denotes iron monument found. Drainage and Utility Easements are shown thus: __..'_o5_ ............. Being I0 feet in width and adjoining right- of--way lines, unles~ otherwise indicated, also being 6 feet in width and adjoining lot lines, unless other#isa indicated, as shown on the plat. N GRAPHIC SCALE 1 O0 0 50 1 O0 200 SCALE IH' FELT ,Y South line of North I/2 of the N.W. I/4, Sec~ North line of ~outh I/2 of the N.W. t/~. Sec. 2~ LAFAYETTE .// OUTLOT G WOODS CITY OF ELK RIVER, SHERBURNE COUNTY, MN. \ '; I (--North\line o~' N.W.I I/4 of N.E. 1,4. '.., \ .~',4',~'E ,0,7.0o N.E. Comer of Sec. 28, ~ I T. 55, R. 26. A Sherbume I I I C'~,nfv M~nlJment. ~. OUTLOT ORIGINAL FINAL PLAT APROVED BY CITY COUNCIL A E-45~72 · 1 4 250.70 ./ MATCH LINE B ...... ' SEE SHEET 4 0¢ 4 SHEETS OUTLOT E 339.90 line of ~LW. Sec, 25, T. 33. P.- 2s. L~409.22 N89'O4.'4.7'E 11 ~'~ South line of North I/2 of NE I/4~ Sec. 28, T. 53, R. 26.~/ I I f I I I / -- 650.00 -- / '1 C1JRV~ I RAD~S LEgGIn DELTA I Cl 200.00 50.18 10'21'57' J C2 17~00 21.13 7'07'2~T' C3 170~00 9.62 ILS5 C* 2~0.00 2'52 S' J 239.05 "-p.~ ..th so..min, of. ,/~ o, .~ ,/*. /'. I / / I / / I I John I I ¥ \ S.E. Corner of N.W. ° DETAIL NO SCALE Oliver Sc Associates SHEET 2 OF 4 SHEETS A ~ T \V\ ................ I \ ¢ \ OUTt.q~T~.C .~ I 2i .... it \ I GRAPfl~C \ \ \ ~ !'~3RD AVE HW I CITY OF ELK .RIVER, SHERBURNR COUNTY, MN. I / ',% / LAFAYETTE WOODS ~ M~Y PLAT ~ I RESOLUTION NO. 96 - CITY OF ELK RIVER A RESOLUTION GRANTING FINAL PLAT APPROVAL FOR: LAFAYETTE WOODS CASE NO. P 95-2 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 June 19, 1995; and WHEREAS, a final plat was previously approved by the City Council on February 26, 1996; and WHEREAS, the proposed final plat is an amendment to the final plat approved on February 26, 1996, and 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. Do 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. E° 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. G. 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 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: Page 2 The following were absent: WHEREUPON the resolution is adopted. Passed and adopted this __ day of , 1996. 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 ,1996. WITNESS my hand officially as such Clerk and the corporate seal of the City this __ day of ,1996. Sandra Thackeray, City Clerk STATE OF MINNESOTA SS. COUNTY OF SHERBURNE The foregoing instrument was acknowledged before me this , 1996, 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 , 1996, by Sandra Thackeray, 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 Page 4 EXHIBIT A Page 5 o o 10. 11. 12. 13. 14. 15. EXHIBIT B A DEVELOPMENT AGREEMENT BE PREPARED OUTLINING THE TERMS AND CONDITIONS FOR PLAT APPROVAL AND INSTALLATION OF IMPROVEMENTS. COMMENTS OUTLINED IN THE CITY ENGINEER'S MEMO DATED MAY 17, 1995, BE ADDRESSED AND INCORPORATED INTO FINAL PLANS FOR THE DEVELOPMENT. A WATER AVAILABILITY CHARGE IN THE AMOUNT OF $300 PER LOT BE PAID TO ELK RIVER UTILITIES. DEVELOPER SHOULD CHECK WITH ELK RIVER UTILITIES FOR ANY ADDITIONAL CHARGES RELATIVE TO WATER CONNECTION FEES. A SURFACE WATER MANAGEMENT FEE IN THE AMOUNT REQUIRED BY THE CITY AT THE TIME OF FINAL PLATTING BE PAID PRIOR TO RECORDING THE PLAT. A TREE PRESERVATION PLAN BE SUBMITTED ALONG WITH A GRADING PLAN WITH EACH PHASE OF THE DEVELOPMENT TO MAXIMIZE TREE PRESERVATION DURING CONSTRUCTION; AND, THAT THE USE OF RETAINING WALLS AND OTHER APPROPRIATE METHODS BE UTILIZED TO PRESERVE AS MANY TREES AS POSSIBLE. AN NPDES PERMIT BE OBTAINED FOR THE GRADING ASSOCIATED WITH THE DEVELOPMENT. PROPER EROSION CONTROL BE PROVIDED DURING THE CONSTRUCTION. AN ADDITIONAL 17 FEET OF RIGHT-OF-WAY BE DEDICATED ALONG COUNTY ROAD 77. PRIOR TO ISSUANCE OF ANY BUILDING PERMITS, A DEVELOPMENT PLAN BE SUBMITTED OUTLINING THE STYLE OF HOME AND FINISHED GRADES ON EACH LOT. THE DEVELOPER REIMBURSE THE CITY FOR COSTS ASSOCIATED WITH REVIEWING THIS PLAT PRIOR RECORDING THE FINAL PLAT WITH SHERBURNE COUNTY. THE DEVELOPER PROVIDE THE CITY WITH A LETTER OF CREDIT IN THE AMOUNT REQUIRED BY THE CITY TO COVER THE COSTS OF THE IMPROVEMENTS. 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 WITH THE CITY FOR A ONE YEAR PERIOD. SIDEWALKS BE PROVIDED ACCORDING TO EXHIBIT C INCLUDED IN THE STAFF REPORT DATED JUNE 19, 1995. A COMPLETE AMENITY PACKAGE BE SUBMITTED TO THE CITY FOR REVIEW. THIS INFORMATION SHALL ADDRESS THE ENTRANCES AT BOTH PROCTOR AND COUNTY ROAD 1, AS WELL AS LANDSCAPING AND OTHER FEATURES PROPOSED FOR THE P LAT. THE RECOMMENDATIONS BY TIM EDGETON OF THE SHERBURNE COUNTY TREE BOARD BE INCORPORATED IN THE REVISED PLANS, AS STATED IN HIS LETTER TO CITY PLANNER STEVE ACH. Page 6 16. 17. 18. 19. 20. 21. 22. FUTURE PHASES OF LAFAYETTE WOODS BE PREPARED IN ACCORDANCE WITH THE CONDITIONS OF PRELIMINARY PLAT APPROVAL. PARK DEDICATION FEE BE PAID ON A PER LOT BASIS FOR EACH LOT IN THE FINAL PLAT. SUBSEQUENT PHASES WILL ALSO BE REQUIRED TO PAY PARK DEDICATION IN THE AMOUNT REQUIRED BY THE CITY AT THE TIME OF FINAL PLAT. THIS FEE WILL NEED TO BE PAID PRIOR TO RELEASING THE FINAL PLAT FOR RECORDING. A REVIEW OF THE POSSIBLE NEED FOR A SECURITY FENCE BETWEEN THE PROPOSED DEVELOPMENT AND RIDGEWOOD SUBDIVISION BE MADE BY THE CITY COUNCIL PRIOR TO FINAL PLAT APPROVAL OF THAT PHASE CLOSEST TO RIDGEWOOD SUBDIVISION. APPROPRIATE EASEMENTS BE SHOWN ON FINAL PLAT TO COVER UTILITIES, WETLANDS, AND DRAINAGE AREAS. THE CITY ACCEPT OUTLOT A AS A CHARITABLE CONTRIBUTION FROM THE DEVELOPER. THE DEVELOPER BE RESPONSIBLE FOR INSTALLING A SECONDARY ACCESS FROM THE WEST END OF THE FINAL PLAT TO COUNTY ROAD NO. I AT THE APPROPRIATE TIME AS DETERMINED BY THE CITY. AN EASEMENT FOR PUBLIC STREET, DRAINAGE AND UTILITY PURPOSES BE GRANTED TO THE CITY TO ACCOMMODATE THE SECONDARY ACCESS FROM THE WEST END OF THE PLAT TO COUNTY ROAD NO. 1. s :Xdocument\resoluti\p 95-2.doc Page 7