7.6. SR 07-15-1996City of
STEM 7.6.
MEMORANDUM
'Vel'
FROM:
DATE:
Mayor and City Council
Steven B. Ach, City Planne,r~~4~~
July 15, 1996
SUBJECT:
Request by Mississippi Oaks
Development Corporation for
Final Plat Approval (Mississippi
Oaks 2nd Addition), Case No. P 93-5
Issue
Mississippi Oaks Development Corporation, Inc. is requesting final plat
approval to develop 58 single family lots in Mississippi Oaks 2nd Addition.
Location
Southeast of the intersection of Fresno Street and 180th Avenue.
Zoning/Land Use
Rlc (Single Family Residential) and Rld (Single Family Residential) / MR
(Medium Density Residential)
Attachments
· Final plat
· Resolution No. 96-
Overview
The final platting of Mississippi Oaks 2nd Addition will include 58 single
family lots over an area of about 26 acres in size. Lot sizes within
Mississippi Oaks 2nd Addition range between just over 10,000 square feet up
to 27,000 square feet for some of those lots that are adjacent to the
Mississippi River.
The subject property is divided into two residential zoning districts. The Rld
zoning district which requires a minimum lot size of 14,000 square feet and
the Rlc district which requires a minimum lot size of 10,000 square feet.
Generally speaking, the Rld zoning district applies to the lots in the
13065 Orono Parkway · P.O. Box 490 · Elk River, MN 55330 · (612) 441-7420 · Fax: (612) 441-7425
Memo to the Mayor and City CouncilfP 93-5
July 15, 1996
Page 2
southwest corner of the plat, adjacent to Heritage Landing and Palmer's First
Addition.
Due to some slight modifications in the plat, a total of 7 lots have been
eliminated. A majority of these lots have been eliminated along the
Mississippi River where the lot widths have been increased to accommodate
larger lot sizes to meet the wild and scenic guidelines. Furthermore,
Riverview Drive has been cul-de-saced as recommended for preliminary plat
approval.
Trail Development
When this plat was originally submitted to the Park and Recreation
Commission, a recommendation was made to develop a trail system that
would extend between Mississippi Oaks and Heritage Landing and then
proceed northeasterly along Riverview Drive through the Mississippi Oaks
subdivision to County Road No. 30. The trail between Mississippi Oaks and
Heritage Landing for the most part is already developed and in place with
the exception of the connection that will need to be made with the
development of Mississippi Oaks 2nd Addition. The trail that was
recommended along Riverview Drive would be constructed within the
increased right-of-way through the front yards of all the lots fronting on
Riverview Drive. Staff has forwarded the Mississippi Oaks 2nd Addition
final plat to the Park and Recreation Commission to have them confirm their
earlier recommendation to develop a trail along Riverview Drive. This
proposed trail is very similar to the trail that was planned for Meadowvale
Heights 2nd Addition; however, has now been deleted because of the concerns
of the residents and the fact that any pedestrian traffic could utilize the local
street.
Wild and Scenic Ordinance
A portion of this plat is subject to the wild and scenic ordinance which
requires slightly larger lot sizes, setbacks and general buffering along the
Mississippi River. It appears as all the lots within the Wild and Scenic
District meet the required lot size requirements.
s:XcouncilXp93-5.doc
Memo to the Mayor and City Council/P 93-5
July 15, 1996
Page 3
Recommendation
It is recommended the City Council approve Resolution No. 96-__., granting
final plat approval for Mississippi Oaks 2nd Addition with the following
conditions:
A developer's agreement be prepared and executed outlining the terms
and conditions of approval.
o
Comments contained in Terry Maurer's memo dated July 1, 1996, be
incorporated as part of the approval for final plat.
Park dedication requirements be satisfied through both the dedication
of land for trail corridors and payment of cash at a rate of $550 per lot.
Water availability charge be paid to Elk River Utilities prior to release
of the final plat for recording.
o
A surface water management fee be paid for each of the 58 lots within
the proposed plat.
o
A sealcoating fee in the amount determined by the city engineer be
paid prior to releasing the final plat for recording.
o
The trail corridor labeled "Outlot A" be removed from the plat as it has
already been deeded to the city as part of the first addition.
o
All of the lots within the Wild and Scenic District meet the required
setback and lot size requirements.
o
A development plan be prepared and submitted for review by the City
Engineer. This plan needs to be approved prior to issuance of building
permits.
10.
A letter certifying the grading has been completed in accordance with
the approved grading plan be submitted and accepted by the City prior
to issuance of building permits.
11.
Developer install required trails as part of the improvements. The
City will either reimburse the developer for the costs associated with
trail construction or credit their park dedication payment.
s: XcouncilXp93-5.doc
CONSULTINGENGINEERS
1326 EnergyPark Drive
St. Paul, MN 55108
612-644-4389
1-800-888-2923
Fax: 612-644-9446
July 1, 1996
File: 230-268-11
Mr. Steve Ach
City Planner
City of Elk River
13065 Orono Parkway
P.O. Box 490
Elk River, MN 55330
MISSISSIPPI OAKS SECOND ADDITION
FINAL PLAT REVIEW
Dear Mr. Ach:
CIVIL ENGINEERING:
ENVIRONMENTAL
MUNICIPAL
P~NNING
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 for Mississippi Oaks Second Addition. The
plat was prepared by John Oliver & Associates. Based on our review, we offer the
following comments:
South of 180th Avenue and west of Elgin, the First Addition plat shows an
exception. This is the area that was to be dedicated as park. I do not believe this
was platted with the First Addition of Mississippi Oaks and would recommend that
it be included with this plat of the Second Addition.
During the construction of the First Phase, the storm sewer at the east end of
Block 2 was offset slightly from the lot line, this will now go along Lots 7 and 8
of Block 1, Second Addition. We question whether or not the easement
adequately covers the storm sewer alignment. This should be checked and an
additional easement given if necessary.
At the north end of Riverview Drive, according to the preliminary construction
plans, there will be some storm sewer catch basins installed. The Second
Addition plat should include enough area in this northern stretch of Riverview
Drive to accommodate the construction shown on the preliminary plans.
Between Lots 9 and 10, there is an additional easement provided on each lot. We
assume this is the location of the storm sewer outlet. The storm sewer line is
approximately 15' deep. We question whether a 10' easement on Lots 9 and 10,
for a total of 20', is wide enough. We believe the easement on each lot should be
increased by approximately 5'.
The plat has a note that indicates the vast majority of the lot corners will be set
within one year of recording this plat. This is allowed by a recently adopted State
Statute. However, I believe that the City would be within their rights to ask the
County to require a date certain to be provided on the plat, or the other route the
An Equal Opportunity Employer
Mr. Steve Ach
July 1, 1996
Page Two
City could take is to require a date certain to be provided for in the Developer's
Agreement. We suggest that the City use either or both of these routes to require
a date certain and that the date be set within a reasonable time frame after the
completion of the proposed improvements. Specifically, after the concrete curb
and gutter is placed and the utilities, such as telephone, electric, and gas, which
would be installed behind the concrete curb and gutter. After this work is
completed, there should be no additional construction behind the curb that would
disrupt any of the lot corners. It is also my understanding that State Statute
permits the City to require an escrow to ensure that the lot corners are placed. I
do not believe it will be necessary to add an additional cost for this purpose.
However, I would recommend that the City reserve enough of the normal letter
of credit that is placed to offset the cost of the staking of the lot comers until such
time that it is done.
It should be noted that enough plat control and/or lot corners need to be placed
during the construction to ensure that the improvements are constructed in the
proper location.
This issue is likely to be raised on future plats. I would suggest that the City set
a policy of how to deal with this issue. By establishing a policy and then
communicating that policy to the County Surveyor, Developers, and their survey
companies, this item should become a non-issue on future projects.
If you have any questions regarding these comments, please call.
Sincerely,
MSA, CONSULTING ENGINEERS
TJM:pd
268-2610.jun
/
,/
MISSISSIPPI OAKS PRELIMINARY PLAT
APPROVED BY CITY COUNCIL ON 4-19-93
RESOLUTION NO. 96 -
CITY OF ELK RIVER
A RESOLUTION GRANTING FINAL PLAT APPROVAL FOR:
Mississippi Oaks 2nd Addition
Case No. P 93-5
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 April 19, 1993, with an extension granted on February 27, 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.
Co
The physical characteristics of the site, including, but not limited
to, topography, soils, vegetation, susceptibility to erosion and
Do
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.
o
o
Eo
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.
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 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:kdocument\resoluti\93-4fp.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.
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
s:\document\resoluti\93-4fp.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 Elk
Minnesota.
__ day of
River,
Notary Public
THIS INSTRUMENT WAS DRAFTED BY:
DOHERTY RUMBLE & BUTLER
3500 Fifth Street Towers
150 South Fifth Street
Minneapolis, MN 55402-4235
s:Xdocument\resoluti\93-4fp.doc Page 4
EXHIBIT A
That part of Government Lot 3, Section 5, Township 32, Range 26,
Sherburne County, Minnesota, described as lying southerly and easterly
of the Southerly and Easterly lines of the duly recorded plat of
MISSISSIPPI OAKS, said County, said line being further described as
"Line A" on said plat; and lying southerly and westerly of "Line B" to
be hereinafter described, and lying northwesterly of "Line C" to be
hereinafter described:
Said Line B is described as Beginning at the most Easterly corner of
Lot 19,. Block 2, said MISSISSIPPI OAKS;i thence South 89 degrees 37
minutes 01 seconds East a distance of 120.86 feet; thence South 73
degrees 11 minutes 24 seconds East a distance of 122.05 feet; thence
South 66 degrees 35 minutes 57 seconds East a distance of 100.00
feet; thence South 23 degrees 24 minutes 03 seconds West a distance
of 131.38 feet; thence South 80 degrees 50 minutes 14 seconds East
a distance of 72.22 feet; thence South 66 degrees 35 minutes 57
seconds East a distance of 235.07 feet and there to terminating.
Said Line C is described as Beginning at the point of termination of
the above described Line B; thence South 30 degrees 14 minutes 21
seconds East a distance of 353.21 feet; thence South 14 degrees 30
minutes 37 seconds East a distance of 208.14 feet; thence South 52
degrees 58 minutes 05 seconds West a distance of 133.60 feet; thence
South 44 degrees 36 minutes 06 seconds West a distance of 124.23
feet; thence South 25 degrees 37 minutes 57 seconds West a distance
of 141.53 feet; thence South 38 degrees 04 minutes 42 seconds West
a distance of 120.12 feet; thence South 43 degrees 07 minutes 52
seconds West a distance of 134.57 feet; thence South 49 degrees 38
minutes 15 seconds West along said Line C a distance of 253 feet,
more or less, to intersect the shoreline of the Mississippi River
and there terminating.
EXCEPTING that part of said Government Lot 3 described as Commencing at
the Northwest corner of Lot 1, Block 3, of said MISSISSIPPI OAKS; thence
easterly along the north line of said Lot 1 being a curve concave to the
south, radius 420.00 feet, a central angle of 20 degrees 09 minutes 26
seconds and length 147.76 feet to the Northeast corner of said Lot 1 and
the Point Of Beginning of the land to be hereby described; thence
continue easterly along the easterly extension of said curve having a
central angle of 14 degrees 03 minutes 01 seconds and length 102.99
feet; thence easterly along a reverse curve concave to the north, radius
280.00 feet, a central angle of 7 degrees 45 minutes 50 seconds and
length 37.94 feet; thence southerly along a non-tangential curve concave
to the east (the chord of said curve bears South 12 degrees 31 minutes
54 seconds East), radius 260.00 feet, a central angle of 40 degrees 50
minutes 18 seconds and length 185.32 feet; thence southerly along a
reverse curve concave to the west, radius 230.00 feet, a central angle
of 46 degrees 28 minutes 53 seconds and length 186.59 feet; thence South
13 degrees 31 minutes 50 seconds West tangent to said curve a distance
of 22.59 feet; thence North 66 degrees 05 minutes 30 seconds West a
s:\document\resolutiX93-4fp.doc Page 5
distance of 209.49 feet to the most southerly corner of Lot 3, said
Block 3, MISSISSIPPI OA/{S; thence North 10 degrees 54 minutes 19 seconds
East along the easterly line of said Lot 3 a distance of 185.73 feet to
the Northeast corner of said Lot 3; thence North 18 degrees 03 minutes
40 seconds West along the easterly line of Lot 2, said Block 3 a
distance of 78.21 feet to the Southeast corner of said Lot 1, Block 3;
thence North 4 degrees 47 minutes 21 seconds West along the East line of
said Lot 1 a distance of 102.12 feet to the Point Of Beginning.
For the purposes of these descriptions the West line of said Government
Lot 3 is assumed to bear North 0 degrees 18 minutes 04 seconds West.
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EXHIBIT B
A developer's agreement be prepared and executed outlining the terms
and conditions of approval.
Comments contained in Terry Maurer's memo dated July 1, 1996, be
incorporated as part of the approval for final plat.
Park dedication requirements be satisfied through both the dedication
of land for trail corridors and payment of cash at a rate of $550 per lot.
Water availability charge be paid to Elk River Utilities prior to release
of the final plat for recording.
A surface water management fee be paid for each of the 58 lots within
the proposed plat.
A sealcoating fee in the amount determined by the city engineer be
paid prior to releasing the final plat for recording.
The trail corridor labeled "Outlot A" be removed from the plat as it has
already been deeded to the city as part of the first addition.
o
All of the lots within the Wild and Scenic District meet the required
setback and lot size requirements.
A development plan be prepared and submitted for review by the City
Engineer. This plan needs to be approved prior to issuance of building
permits.
10.
A letter certifying the grading has been completed in accordance with
the approved grading plan be submitted and accepted by the City prior
to issuance of building permits.
11.
Developer install required trails as part of the improvements. The
City will either reimburse the developer for the costs associated with
trail construction or credit their park dedication payment.
s:Xdocument\resoluti\93-4fp.doc Page 7