3.4. SR 10-20-2008~i
City of
Elk ----~
River
REQUEST FOR ACTION
To Item Number
Ci Council 3.4.
Agenda Section Meeting Date Prepared by
Consent October 20, 2008 erem Barnhart, Plannin Mana er
Item Description Reviewed by
Request by Richard Peterson for Extension to Record Plat -
Rocky Ridge Estates, Case No. P 07-10 Reviewed by
Action Requested
Richard Peterson has requested an extension of the plat approval of Rocky Ridge Estates. Staff
recommends approval of the requested one-year extension.
Background/Discussion
The final plat for Rocky Ridge Estates was approved on October 15, 2007. The standard one
year time line expired October 15, 2008. The applicant has requested a one year extension.
The City Council recently discussed an extension policy. At that time, it was understood that in
many cases, an extension would be appropriate. The Council seemed to agree that a total of two
years of extension would be favorable.
The Council may want to limit extensions to protect itself. If certain fees are raised, or if
standards or goals were to change, the Council would have no ability to compel these changes.
Financial Impact
None
Attachments
• Letter dated October 15, 2008 from Richard Peterson
• Location Map
• Plat of Rocky Ridge Estates
ACtlon Motion by Second by Vote
Follow Up
S:APLANNING MAIN\Case Files\Plat\P 07-10 Rocky Ridge Eseates\Req Eor Action-Extension.doc
October 15, 2008
Mayor and City Council
City of Elk River
13065 Orono Parkway
Elk River MN 55330
Due to economic and market conditions, I hereby request cone-year extension for the
recording of the plat of Rocky Ridge Estates. The plat was approved October 15, 2007 and
approval of the extension would allow me until October 15, 2009 to record the plat.
Thank you fox your consideration on this matter.
Sincerely,
~~
Richard Peterson
8829 95`'' Avenue Se
Clear Lake MN
.~
City of
El -~-~
River
Location Map N
Case Number: P 07-10 ROCKY RIDGE
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City of
E~~ ~
River
13065 Orono Parkway
Elk River, MN 55330
October 9, 2008
Richard Peterson
11763 2015` Aven
Plat Approval, Case No. P 07-10
This letter is to confirm my phone message I left today, with one change. After checking
with our Finance Department, the $1,500 retainer balance was xefiznded to you in June of
2008, with the check being cashed in August 2008.
The plat of Rocky Ridge Estates has not been picked up from the City of Elk. River for
recording. The plat was approved October 15, 2007. The approval e.Ypires next Wednesday,
October 15, 2008. If you would like to request that the City Council extend the approval,
please provide a written request by that date. If we receive no response, the approval will
If you would like to proceed with recording the plat, all terms and conditions of approval
must be met, including the following:
A wetland buffer of 25 feet applies to all wetlands and a structure setback of 20 feet
from the buffer applies.
Park dedication shall be provided in the following manner: Park Dedication fee per
residential lot (($3,465 - 2008), fee established and payable at the time the Final Plat
is released.
All required subdivision/park information shall be provided in an electronic format
(.dwg file) as required by the City Ordinance and Land Use Application prior to
recording of the plat.
This approval of the Preliminary Plat shall expire after 1 year. unless the property
owner or owner's agent has submitted a Final Plat or letter of request for extension.
Subject to all comments in MnDot letter dated October 27, 2007.
In addition to the Park Dedication Fee mentioned in the conditions above, the Surface
Water Management Impact Fee would also need to be paid ($90.00 for one rural lot - 2008)
for a total of $3,555 due in order to release the plat.
Phone: 763.635.1000
Fax: 763.635.1090
Document?
www ci. elk- river. mn. us
I have attached a copy of the original approval letter sent to you October 31, 2007.
If you have questions, please contact me at 763/635-1032 or email at dhuebner(c~ci.elk-
river.mn.us, or Planning Manager Jeremy Barnhart at 763/635-1034, email ibarnhartnu,ci~elk-
river.mn.us
Sincerely,
O.a~~ .,_
Deborah Huebner
Community Development
Assistant
Document?
City of
Elk
River
13065 Orono Parkway
Elk River, MN 55330
October 31, 2007
Richard Peterson
11763 2015[ Avenue NW
Elk River MN 55330
RE: Request for Preliminary Plat and Final Plat Approval, Case No. P 07-10
Dear Mr. Peterson:
Your request for preliminary and final plat approval of Rocky Ridge Estates was approved
by the Elk. River City Council at their October 15, 2007 meeting. Conditions of approval are
outlined in the attached Resolution No. 07-83.
I have also attached a copy of the staff draft final plat checklist for your information. If you
have questions about any of these requirements, please contact Planning Manager Jeremy
Barnhart at 763/635-1034 or email him at ibaxnhart(c~ci.elk-river.mn.us.
Thank you for choosing to invest in the City of Elk River. Please let me know if I can be of
further assistance. I can be reached at 763/635-1032 or email me at dhuebner(c~ci.elk-
avex.mn.us.
Sincerely,
r~
.'
Deborah Huebner
Community Development
Assistant
Phone: 763.635.1000
Fax: 763.635.10 0
S:~PLANNING\Case Files\Plat\P 07-10 Rocby Ridge Estates\Approval ltr.doc
www ci.ellc-rivermn.us
~p~~r1NESpT9yp Minnesota Department of Transportation
y Y
~ ~ District 3
~~~,. ~SQp 7694 Industrial Park Road
Op ~tP
Baxter, MN 56425-8096
September 27, 2007
Mr. Jeremy Barnhart
City of Elk River
13065 Orono Parkway
Elk River, MN 55330-5600
RE: C.S. 7106 (TH 169)
Rocky Ridge Estates
Dear Mr. Barnhart:
Tel: 218/828-5700
Fax: 218/828-5814
Toll Free: 1/800/657-3971
We are in receipt of the above-referenced plat for review in compliance with the provisions of
Minnesota Statute 505.03, Plats and Surveys and have the following comments:
1. We understand that no new access is being requested from U.S. Highway 169.
2. There can be no net increase in runoff from the development to U.S. Highway 169 right of
way.
A permit is required to perform work within the right of way, construct any entrances or
change in use of an entrance. Contact Mark Renn in our St. Cloud office at (320) 223-6522
for more information.
Please contact me at (218) 828-5780 if you have any comments or questions regarding our
review of this plat..
Sincerely,
Mary Safgren
Senior Planner
min
cc: Jim Hallgren - Mn/DOT Baxter
Mark Renn - Mn/DOT St. Cloud
An equal opportunity employer
RESOLUTION NO. 07- 83
CITY OF ELK RIVER
A RESOLUTION GRANTING FINAL PLAT APPROVAL FOR:
ROCKY RIDGE ESTATES
Case No. P 07-10
WHEREAS, application has been made for final plat approval, pursuant to Section
30-374 (a-g) of the Elk River City Code of Ordinances, of the property legally described on
attached Exhibit A and hereinafter referred to as "the Property";
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF ELK RIVER, as follows:
1. It is hereby determined by the City Council for the City of Elk River as follows:
A. The proposed plat is consistent with the Land Use Regulations and conforms
with all of its requirements.
B. The proposed plat is consistent with all applicable general and specialized
city, county, and regional plans including, but not limited to, the City's
Comprehensive Development Plan.
C. 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.
D, The proposed plat makes adequate provision for water supply, storm
drainage, sewage transportation, erosion control and all other seraices, facilities and
improvements otherwise required herein.
E. The proposed plat will not cause substantial environmental damage.
F. The proposed plat will not conflict with easements of record or with
easements established by judgment of a court
G. The proposed plat will not have an undue or adverse impact on the
reasonable development of neighboring land.
2. Final plat approval is hereby granted for the Property, subject to the conditions set
forth in attached Exhibit B.
3. 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
4. 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.
5. 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 Gumphrey and
duly seconded by Council Member Farber The following voted in favor
of the Resolution.
Mayor Klinzing, Councilmembers Zerwas, Gumphrey, Motin,
The following voted against the Resolution: and Farber
None
The following were absent:
None
WHEREUPON the resolution is adopted.
Passed and adopted this 15~' day of October, 2007.
ATTES ,
r
...-
Tina A]lard, City Clerk
~'
Ste anie Klinzing, or
S:\PI.ANNING\Case Files\Plat\P 07-10 RocLy Ridge Estates\Resolution.doc Page 2
EXHIBIT A
Legal Description
PROPERTY DESCR/PT/ON
(PlN No. 75-122-1206)
Per Document No. 282228
That part of the Eost Holf of the Northwest Quarter, Section 22, Township 33,
Range 26, Sherburne County, Minnesota described os follows:
Beginning at a point on the South line of the North Half of Section 22 distant
2046.43 feet Easterly along said South line from the Southwest corner of said
North Ha/f,• thence North 00 degrees 38 minutes 05 seconds West, assumed
bearing, perpendicular to said South line 765.00 feet; thence South 89 degrees
2! minutes 55 seconds West, parallel with said South line, 7/0.76 feet to the
West line of said East Half of the Northwest Quarter; thence South 00 degrees
2l minutes 00 seconds West, along said West line, 765.11 feet, to the Southwest
corner of said East Holf of the Northwest Quarter; thence North 89 degrees 2/
minutes 55 seconds East, along said South line, 723.9/ feet to the point of
beginning.
AND
Per Document No. 2!9447
That part of the North Holf of Section 22, Township 33, Range 26, Sherburne
County, Minnesota described as follows:
Beginning of a pair. t on the South line of said North Half distant 2046.43 feet
Easterly along said South, line from the Southwest corner of said North Ho/f,•
thence North 00 degrees 38 minutes OS seconds West, assumed bearing,
perpendicular to said South line 765.00 feet; thence North 89 degrees 2l
minutes 55 seconds East poralle! with said South line 878.34 feet to the
intersection with the Westerly line of U.S Highway Na. 169; thence South 04
degrees l3 minutes 36 seconds West along said Westerly line 767.76 feet to its
intersection with said South line; thence South B9 degrees 2! minutes 55
seconds West along sold South line 8/3.27 feet to the point of beginning.
LESS THAT PART
Per Documen f No. 4809!/
That part of the Southwest Quarter of the Northeast Quarter and the Southeast
Quarter of the Northwest Quarter of Section 22, Township 33 North, Range 26
West, shown as Parcel 3/3L on Minnesota Department of Transportation Right .of
Woy Plot Numbered 71-21 os the same is on file and of record in the office of
the. County Recorder in and for Sherburne County, Minnesota. `
S:\PLANNING\Case Files\Plat\P 07-10 Rocby Ridge Estates\Resolution.doc Page 3
EXHIBIT B
1, A wetland buffer of 25 feet applies to all wetlands and a structure setback of 20 feet from
the buffer applies.
2. Park dedication shall be provided in the following manner: Park Dedication fee per
residential lot (currently $3,300), fee established and payable at the time the Final Plat is
released.
3. All required subdivision/park information shall be provided in an electronic format (.dwg
file) as required by the City Ordinance and Land Use Application prior to recording of the
plat.
4. This approval of the Preliminary Plat shall expire after 1 year, unless the property owner
or. owner's agent has submitted a Final Plat or letter of request for extension.
5. Subject to all comments in MnDot letter dated October 27, 2007.
S:\PLANNING\Case Files\Plat\P 07-10 Rocby Ridge Estates\Resolution.doc Page 4