7.13. SR 07-15-1996City of
'ver
TO:
FROM:
DATE:
SUBJECT:
MEMORANDUM
ITEI~ 7.13.
Mayor & City Council
Scott Harlicker, Planning Assista~/
July 15, 1996
W.J.C. Development Corporation Request
for Final Plat (Pheasant Run), Public
Hearing Case No. P96-5
Issue
W.J.C. Development Corporation is requesting final plat approval to subdivide a
40 acre parcel into 14 single family lots.
Location
The property is located on the south side of 209th Avenue NW, just west of the
intersection of 209th Avenue and County Road 13.
Zoning/Land Use
Rla (Single Family Residential) / LR (Low Density Residential)
Attachments
Location Map
Report to City Council regarding request for preliminary plat approval dated
June 17, 1996
Final Plat
Resolution 96-
Background
The Council reviewed this plat and granted preliminary plat approval on June
17, 1996. The applicant has submitted a final grading and drainage plan which
the City Engineer is reviewing. A landscaping plan has not been submitted.
13065 Orono Parkway · P.O. Box 490 · Elk River, MN 55330 · (612) 441-7420 · Fax: (612) 441-7425
Recommendation
It is recommended the City Council approve Resolution 96-
plat approval with the conditions outlined in the resolution:
__., granting final
A developers agreement be prepared outlining the terms and conditions
of the plat approval and installation of improvements.
Comments as requested by Sherburne County Highway Department be
incorporated as part of the plat.
o
Ail of the comments in the City Engineer's memo dated 5/22/96 be
incorporated into the revised preliminary plat and made a condition of
this approval.
A letter of credit be provided to the City in the amount of 100% of the
costs of the public improvements.
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 a one year period.
Appropriate permits from Sherburne County Highway Department for
any work done within the county highway right-of-way be obtained prior
to commencing work.
Surface water management fee in the an amount required by the City at
the time of final plat be paid prior to recording the plat with Sherburne
County.
o
All wetlands on the site be delineated and a wetland joint notification
form be completed and filed.
An NPEDS Permit be obtained for the grading associated with this
development.
10.
Park dedication fee in the amount required by the City at the time of final
plat be paid prior to releasing the plat for recording.
11.
A sealcoat fee, in the amount to be determined by the City Engineer, to be
paid prior to releasing the plat for recording.
12.
Street lights shall be included as part of the improvements for the
subdivision. Elk River Utilities has recommended three street lights for
this project.
13.
All existing outbuildings shall be removed from the property prior to
commencing the street improvements.
14.
A grading/erosion control plan and development plan be submitted and
approved by the City Engineer prior to the issuance of building permits.
15.
The grading for the development will need to be certified prior to issuance
of building permits.
16.
Restricted access along County Road 33 should be incorporated on the
plat, no lots shall be accessed from County Road 33.
17.
A landscaping plan with species and size, which includes a combination of
berming and trees along County Road 33 be provided and approved prior
to releasing the plat for recording.
18.
Front yard trees be provided throughout the development as setforth in
the City Ordinance. These front yard trees should be illustrated on the
submitted landscaping plan.
19.
All comments in Sherburne County Highway Department's letter dated
6/5/96 be incorporated into the revised preliminary plat and made a
condition of this approval.
20.
Soil borings be completed on each lot and the results provided on the
development plan.
LOCATION
City of
River
I13065 Orono Parkway. P.O. Box 490 CASE:
Elk River, MN 55330
LOCATION
MAP
P 96-5
ITEM 6.11.
, :ity of
MEMORANDUM
,TO:
FROM:
DATE:
Mayor and City Council
Harlicker, Planning Assistag~
Scott
June 17, 1996
SUBJECT:
Request by W.J.C. Development Corp. for
Preliminary Plat Approval (Pheasant
Run), Public Hearing Case No. P 96-5
Request
W.J.C. Development Corporation is requesting a preliminary plat approval to
subdivide a 40 acre parcel into 14 single family residential lots.
Location
The subject property is located on the south side of 209th Avenue NW, just west
of the intersection of 209th Avenue and County Road 13.
Zoning/Land Use
Rla (Single Fsmi]y Residential) / LR (Low Density Residential)
Attachments
· Report to Planning Commission dated May 28, 1996
· Preliminary plat revised June 6, 1996
· Letter from Sherburne County Highway Department dated June 5, 1996
Overview
The preliminary plat request involves a 40 acre parcel of land that is currently
used as a farm. The site contsins a house, which will be saved, a barn, silo and
several other out buildings. There is a pond and a wetland in the southeast
corner of the parcel The wetland is covered under the Trott Brook Tributary
Stream Shoreline Management regulations and is part of a larger wetland
complex that is associated with Trott Brook.
The character of the area could be considered rural, large lot single family
residential. The other side of 209th Avenue is zoned A1 (Agricultural
Conservation) with a minimum lot size of 10 acres. Otherwise, the parcel is
13065 Orono Parkway · P.O. Box 490 · Elk River, MN 55330 · (612) 441-7420 · Fax: (612) 441-7425
Memo to City Council
June 17, 1996
2
surrounded by land that is zoned Rla with. a minimum lot size of 2 1/2 acres.
The neighboring lots are larger than 10 acres; the average lot size of the
neighboring 12 lots is about 14 acres. To the south of the parcel that is the
subject of this subdivision apphcation is an undeveloped 120 acre parcel.
The proposed subdivision includes two streets. Ivanhoe will come off of 209th
Avenue and will terminate in a cul-de-sac near the southern boundary of the
property. The proposed 208th Avenue will be extended to the western property
line. A 30 foot right-of way for Johnson Avenue has been reserved along the west
plat boundary line of lot 10.
All of the lots conform to the 2 1/2 acre minimum lot size and the other
dimensional regulations. The lots range in size from 2 1/2 acres to 3.41 acres.
I$$~S
At'the Planning Commission meeting held May 28, 1996, several issues were
discussed. They related to landscaping, character of the area, access and traffic.
Landscaping
The issue of providing some type of buffer along 209th Avenue to screen the
side and rear yards of the two lots that abut the road was brought up.
Neighbors, as well as Commission members and staff, felt a buffer was
needed. A combination of berming and landscaping was discussed as a
method of providing the desired buffer and screening.
Character o£ the neighborhood
The neighbors did not beheve that this 2 1/2 acre subdivision was in keeping
with the character of the area. During the pubhc hearing, four neighbors
spoke out against this subdivision and one of their main concerns was the
size of the lots and the fact that they felt that the lots were to small for the
area. The concept of providing a transitional zone with lots sizes of 5 to 10
acres was mentioned by Joe Wells, who owns the adjacent properW to the
west. Angle Anderson reiterated the same concerns that Mr. Wells
mentioned. Arlene Mootz objected to having the houses on the two lots with
frontage on 209th Avenue face Ivanhoe. It would be more in character with
the area ff they faced 209th Avenue.
Traffic and access
The neighbors also were concerned about traffic and the impact this project
will have on County Road 33. Robert Dare, who owns property across the
street, felt that C.R. 33 was to busy already and this development would
create a dangerous situation for people entering and leaving this
Memo to City Council
June 17, 1996
3
development. He felt that traffic concerns on C.R. 33 should be addressed
prior to approving this subdivision.
Please refer to the Planning Commission report for additional information.
Recommendation
The Planning Commission recommended approval of this preliminary plat,
Pheasant Run, located on the south side of County Road 33 (C.R. 33) just west
of the intersection of C.R. 33 and C.R. 13. with the following conditions:
1. A developers agreement be prepared outlining the terms and conditions of
the plat approval and installation of improvements.
2. Comments as requested by Sherburne County Highway Department be
incorporated as part of the plat.
3. All of the comments in the City Engineer's memo dated 5/22/96 be
incorporated into the revised preliminary plat and made a condition of this
approval.
4. A letter of credit be provided to the City in the amount of 100% of the costs of
the public improvements.
5. 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 a one year period.
6. Appropriate permits from Sherburne County Highway Department for any
work done within the county highway right-of-way be obtained prior to
commencing work.
7. Surface water management fee in the an smount required by the City at the
time of final plat be paid prior to recording the plat with Sherburne County.
8. All wetlands on the site be delineated and a wetland joint notification form be
completed and filed.
9. An NPEDS Permit be obtained for the grading associated with this
development.
10. Park dedication fee in the amount required by the City at the time of final
plat be paid prior to releasing the plat for recording.
Memo to City Council
June 17, 1996
4
11. A sealcoat fee, in the amount to be determined by the City Engineer, to be
paid prior to releasing the plat for recording.
12. Street lights shall be included as part of the improvements for the
subdivision. Elk River Utilities has recommended three street hghts for this
project.
13. All existing outbuildings shall be removed from the property prior to
commencing the street improvements.
14. A grading/erosion control plan and development plan be submitted and
approved by the City Engineer prior to the issuance of building permits.
15. The grading plan for the development will need to be certified prior to
issuance of building permits.
16: Restricted access along County Road 33 should be incorporated on the plat,
no lots shall be accessed from County Road 33.
17. A landscaping plan with species and size, which includes a combination of
berming and trees along County Road 33 be provided and approved prior to
releasing the plat for recording.
18. Front yard trees be provided throughout the development as setforth in the
City Ordinance. These front yard trees should be illustrated on the submitted
landscaping plan.
19. All comments in Sherburne County Highway Department's letter dated
6/5/96 be incorporated into the revised preliminary plat and made a condition of
this approval.
s:plannin g\scott\p96-5cc.doc
ITEM 5.10.
'ity of
ver
MEMORANDUM
TO:
FROM:
DATE:
Planning Commi ssion
Scott Harlicker, Planning Assista~/~
May 28, 1996
SUBJECT:
Request by W.J.C. Development
Corporation for Prellminary Plat
Approval, Public Hearing Case No. P96-5
Re,quest
W.J.C. Development Corporation is requesting a preliminary plat approval to
subdivide a 40 acre parcel into 14 single family residential lots.
Location
The subject property is located on the south side of 209th Avenue NW, just west
of the intersection of 209th Street and County Road t3.
Zoning/Land Use
Rla (Single Family Residential) / LR (Low Density Residential)
Attachments
· Memo ~om the City Engineer dated May 22, 1996
· Location Map
· Zoning Map
Preliminary Plat
· Preliminary Grading Plan
· Letter fxom Sherburne County Highway Department dated May 23, 1996
Existing Conditions
The preliminary plat request involves a 40 acre parcel of land which is
currently used as a farm. The site contains a house, barn, silo and several other
out buildings. There is a pond and wetland in the south east corner of the lot.
This wetland is part of a larger wetland complex associated with Trott Brook.
13065 Orono Parkway · P.O. Box 490 · Elk River, MN 55330 · (612) 441-7420 · Fax: (612) 441-7425
Memo to Planning Commission
May 28, 1996
2
The property is level with a 20 foot change in elevation down to the wetland and
pond. The property has some woodlands near the house, pond and wetland as.
well as a tree lined driveway leading up to the existing house; the remainder of
the site is open fields.
The character of the area could be considered rural, large lot single family
residential. The other side of 209th Avenue is zoned A1 (Agricultural
Conservation) with a minimum lot size of 10 acres. To the east, west and south
the zoning is Rla (Single Family Residential) with a minimum lot size of 2 1/2
acres. All of the neighboring lots are larger than 10 acres; the average lot size of
the neighboring 12 lots, which all have residences, is about 14 acres. To the
south of the parcel that is the subject of this subdivision application is an
undeveloped 120 acre parcel.
Wetlands
Th~ wetland area in the southeast corner of the parcel could be impacted by the
proposed expansion of the existing pond, which will serve as the detention basin
for this development. In order to assess any potential impacts, the wetland area
should be delineated and approval of this plat should be conditioned upon
receiving appropriate wetland permits from the City and other agencies.
Minimum Lot Size
The minimum lot size in the Rla zoning district is 2.5 acres. The lots range in
size from 2.5 acres to 3.34 acres with ten of the 14 lots being 2.5 acres in size.
The minimum lot width is 160 feet and all of the lots but one meet that
requirement. Lot 6 has a width, measured at the required building setback line,
of 140 feet. The plat should be revised so that lot 6 meets the 160 foot lot width
requirement.
The plat has been designed so that the existing house, located in the southeast
corner, could be saved.
Well and Septic
The applicant should show locations for primary and replacement septic systems
and a well. None of the lots, with the exception of lot 6, block 1, appear to have
any encumbrances that might limit septic or well locations. The minimum lot
size of 2 1/2 acres should provide ample area for a septic system, possible
replacement system and well.
Memo to Planning Commission
May 28, 1996
Streets
3
The proposed road (Ivanhoe Street) off of County Road 33 (CR 33) will terminate
in a cul-de-sac near the southern boundary of the property. The proposed 208th
Avenue will be extended to the western property line so that it can be continued
ff and when the adjacent property subdivides. The streets will be 32 foot wide
rural streets with bituminous curbs. The Ivanhoe Street is situated in such a
way that the rows of trees along the existing driveway can be preserved.
The plat shows a 50 foot right-of-way along CR 33. In a letter dated May
17,1996, the County Highway Department requested that the developer provide
an eastbound right turn lane from County Road 33 on to Ivanhoe Street and
that it be designed in accordance with the MnDOT Road Design Manual. The
County also indicated that access on to CR 33 will require a permit from their
office and that stop signs will be required for Ivanhoe Street at CR33, to be paid
for.by the developer and installed by the County. They als5 noted that CR 33 is
not a County State Aid Highway as shown on the plat.
Landscapin~
In the past, developers of urban subdivisions have been required to plant
landscaping and screening material to serve as a buffer when residential lots
abut county roads. The Commission may wish to consider requiring landscaping
and or a berm along County Road 33 to serve as a buffer for the two lots with
frontage on that road. The subdivision regulations also require street trees, with
a diameter of not less than 2" be planted at intervals'of at least one every 60
feet. A landscaping plan has not been provided.
Recommendation
It is recommended that the Planning commission recommend approval of the
preliminary plat request by W.J.C. Development Corporation to subdivide 40
acres into 14 single f~mily lots with the following conditions:
1. A developers agreement be prepared outlining the terms and conditions of
the plat approval and installation of improvements.
2. Comments as requested by Sherburne County Highway Department be
incorporated as part of the plat.
3. All of the comments in the City Engineer's memo dated 5/22/96 be
incorporated into the revised preliminary plat and made a condition of this
approval.
Memo to Planning Commission
May 28, 1996
4
4. A letter of credit be provided to the City in the ~mount of 100% of the costs of
the public improvements.
5. 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 a one year period.
6. Appropriate permits f!rom Sherburne County Highway Department for any
work done within the county highway right-of-way be obtained prior to
commencing work.
7. Surface water management fee in the an remount required by the City at the
time of fin al plat be p aid prior to recording the plat with Sherburne County.
8. Lot 6, Block i be revised so that it has a lot width, measured at the required
fxo.nt yard setback, of 160 feet.
9. All wetlands on the site be delineated and a wetland joint notification form be
completed and returned to the City.
10. An NPEDS Permit be obtzined for the grading associated with this
development.
11. Park dedication fee in the amount required by the City at the time of final
plat be paid prior to releasing the plat for recording.
12. A sealcoat fee, in the smount to be determined by the City Engineer, to be
paid prior to releasing the plat for recording.
13. Street lights shall be included as part of the improvements for the
subdivision. Elk River Utilities has recommended three street lights for this
project.
14. All existing outbuildings shall be removed fxom the property prior to
commencing the street improvements.
15. A grading/erosion control plan and development plan be submitted and
approved by the City Engineer prior to the issuance of building permits.
16. All grading will need to be certified prior to issuance of building permits.
17. Restricted access along County Road 33. No lots shall be accessed fxom
County Road 33.
s:\plsn nih ghscott\pheasrun.doc
CONSULTING ENGINEER~
1326 Energy Park Drive
St. Paul, MN 55108
612-6~-4389
1-800-888-]923
Fax~ 61]-6~-9~6
CIVIL ENGINEERINGi
~.NVIRONMENTAL
MUNICIPAL
~NNING
'SOLID WASTE
STRUCTURAL
SURVEYING
TRAFFIC
TRANSPORTATION
ELECTRICAL/MECHANICAL
ENGINEERING:
HVAC
POWER DISTRIBUTION
SCADA
SYSTEM CONTROLS
OFFICES IN:
MINNEAPOLIS
PRIOR LAKE
ST. PAUL
WASECA
May 22, 1996
File: 230-309-11
Mr. Steve Ach
City Planner
City of Elk River
13065 Orono Parkway
P.O. Box 490
Elk River, MN 55330
RE: PHEASANT RUN DEVELOPMENT
Dear Mr. Ach:
As requested, we have reviewed the submittal for the proposed Pheasant Run Development.
The submittal consisted of a preliminary plat and preliminary grading plan, both prepared
by John Oliver & Associates, dated March 26, 1996. Based on our review and comments
received at the Staff Review meeting, we would offer the following comments:
This plat is located in the east central part of the City. It is a rural subdivision,
with a 21/2 acre minimum lot size. It is approximately 40 acres in size and contains
14 lots. All of the lots appear to meet the minimum acreage. All of the lots, with
the exception of Lot 6, Block 1, appear to meet the minimum width. Lot 6,
Block 1, appears to be less than the 160 foot width at the 35 foot setback line as
required by the Ordinance.
There is a natural swale through Lots 1, 2, 3, and 4, Block 1. This should be
covered by an additional drainage easement.
o
There is an issue with property further to the south, potentially being land locked.
There are two solutions to this. One would be to continue Ivanhoe Street straight
through to the south plat boundary, or the other option would be to envision a street
heading south along this plat's west boundary. If the later is the chosen alternative,
we would suggest that half of a street right-of-way be provided along the west side
of Lot 10, Block 1.
4. A temporary turnaround needs to be provided on the west end of 208th Avenue.
Glen Sundeen from the Elk River Municipal Utilities has recommended that three
street lights be installed, one at the intersection of Ivanhoe Street and County Road
33, one at the intersection of Ivanhoe Street and 208th Avenue, and one at the rear
of the Ivanhoe Street cul-de-sac.
230/309-2203. may
An Equal Opportunity Employer
Mr. Steve Ach
May 22, 1996
Page Two
It appears from the grading plan that the house pads will be below the street
elevations. Consideration should be given to revising the Grading Plan to have the
house pads at or above the elevation of the street.
Storm drainage will be accomplished by collecting runoff at the intersection of
Ivanhoe Street and 208th Avenue. From there it will be conveyed by a small
diameter storm sewer to detention pond located in Lot 7, Block 1. The outflow
from this area should not exceed the existing condition outflow from the property.
Trott Brook is located on the southeast comer of the property. This should provide
an outlet for drainage from the site.
The actual route for the outlet to Trott Brook is outside the plat boundary. We
question whether or not a drainage easement is necessary over this outlet. Certainly
in the future, if this area develops, the route will need to be maintained.
The proposed street section is an urban design with integral bituminous curb. The
width is 32 feet face of curb to face of curb. This meets the City standard for this
type of development.
If you have any questions regarding any of these comments, please call me.
Sincerely,
MSA, CONSULTING ENGINEERS
Terry J."Maurer, P.E.
TJM:pd
230/309-2203.may
~"~ ~ ~,~,: ~ MAP
~EI~ ~R~ver
13065 Orono Parkway- P.O. Box 490 CASE: ~ ~'~
Elk River, MN 55330
05/23/96 15:20 FAX 612 441 2264 SHERB[~'E CO HWY ~002
Highway Department
P.O, BOX338 · ELK RIVER, MN55330 · PHONE (6"i 2)44,1-1722 · FAX(612)441-2264
May 23, 1996
Mr. Steven B. Ach
City of Elk River Planner
Elk River City Hall, P.O. Box 490
13065 Orono Parkway
Elk River, MN 55330
RE: Pheasant Run
Dear Mr. Ach:
We have reviewed the above reference plat and have the following comments:
· 209th Avenue NW (CR 33) is not a County Sram Aid Highway as shown on the plat.
· Access to ali lots shall be via thc internal street system. Access onto CR 33 from Lot 1, Block 1
and Lot 1, Block 2 will not be permitted.
Access onto CR 33 at Ivanhoe Street will require a permit from this office. Stop sig'ns for Ivanhoe
Street at CR 33 will also be required. The stop signs are to be paid for by the developer and
installed by our department. The developer is responsible for notifying the Highway Department
when the access has been installed and is usable by the general public.
An eastbound right-mm-lane on CR 33 at Ivanhoe Street would also be desireable. If required as
pan of the plat approval, the fight-mm-lane should be designed in accordance with the Mn.DOT
Road Design Manual.
Thank you for affording us the opportunity to review this plat. If you have any questions or require any
additional information, please contact me at the number listed above.
Assistant County Engineer
June 5, 1996
Sherburne County
Highway Department
P.O. BOX338 · ELK RIVER, MN 55330 ° PHONE (612)441-1722 · FAX(612)441-2264
Mr. Steven B. Ach
City of Elk River Planner
Elk River City Hall, P.O. Box 490
13065 Orono Parkway
Elk River, MN 55330
RE: Pheasant Run
Dear Mr. Ach:
As requested by Mr. Scott Harlicker of your staff, the following clarifying comments are provided
regarding the above referenced plat:
· Access to all lots shall be via the internal street system. Access onto CR 33 from Lot 1, Block 1
and.Lot 1, Block 2 will not be permitted.
Access onto CR 33 at Ivanhoe Street will require a permit from this office. Stop signs for Ivanhoe
Street at CR 33 will also be required. The stop signs are to be paid for by the developer and
installed by our department. The developer is responsible for notifying the Highway Department
when the access has been installed and is usable by the general public.
Pursuant to the Sherbume County Zoning Ordinance and the Minnesota Department of
Transportation Road Design Manual, Section 5-3.01.03, an eastbound right-turn-lane will be
required on CR 33 at Ivanhoe Street. The right-mm-lane must be designed in accordance with the
MnDOT Road Desig-n Manual.
Thank you for affording us the opportunity to review this plat. If you have any questions or require any
additional information, please contact me at the number listed above.
~oran M. Cote, P.E.
Assistant County Engineer
PH£A SA N T RUN
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City Of Elk River
Sherburne County, MN
0 I00 200 500
SCALE IN FEET
I INCH = I00 FEET
For the purposes of this plot, the north
!he NE I/4 of the SW I/4, Sec. 15,
Ywp 3.3, Rng 26 is assumed to bear
South 89°08'52" East.
0 Denotes I/2 inch x 14 inch iron
monument set with a plastic cap
stamped R.L_S. 8194.
® Denotes I/2 inch x 14 inch iron
monument with o plastic cap stamped
R.L.S. 8194 to be set within I year
of recording this plot.
· Denotes iron monument found.
Drainage and Utility Easements are shown
thus:
,&
I I
'°t .... 11
t
Being I0 feet in width and adjoining right-
of-way lines, also being 5 feet in width
and adjoining lot lines, unless otherwise
indicated, as shown on the plat.
RESOLUTION NO. 96 -
CITY OF ELK RIVER
A RESOLUTION GRANTING FINAL PLAT APPROVAL FOR:
Pheasant Run
Case No. P 96-5
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 June 17, 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.
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:Xd ..... tXresolu~i\96- 5 fp .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
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STATE OF MINNESOTA
SS.
COUNTY OF SHERBURNE
The fore9oin9 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
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EXHIBIT A
Northeast Quarter of the Southwest Quarter Section `13, Township 33, Range 26,
Sherburne County, Minnesota. PID # 75-'1`13-3`100
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o
10.
11.
12.
13.
14.
15.
EXHIBIT B
A DEVELOPERS AGREEMENT BE PREPARED OUTLINING THE TERMS AND CONDITIONS
OF THE PLAT APPROVAL AND INSTALLATION OF IMPROVEMENTS.
COMMENTS AS REQUESTED BY SHERBURNE COUNTY HIGHWAY DEPARTMENT BE
INCORPORATED AS PART OF THE PLAT.
ALL OF THE COMMENTS IN THE CITY ENGINEER'S MEMO DATED 5/22/96 BE
INCORPORATED INTO THE REVISED PRELIMINARY PLAT AND MADE A CONDITION OF
THIS APPROVAL.
A LETTER OF CREDIT BE PROVIDED TO THE CITY IN THE AMOUNT OF 100% OF THE
COSTS OF THE PUBLIC IMPROVEMENTS.
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 A ONE YEAR PERIOD.
APPROPRIATE PERMITS FROM SHERBURNE COUNTY HIGHWAY DEPARTMENT FOR ANY
WORK DONE WITHIN THE COUNTY HIGHWAY RIGHT-OF-WAY BE OBTAINED PRIOR TO
COMMENCING WORK.
SURFACE WATER MANAGEMENT FEE IN THE AN AMOUNT REQUIRED BY THE CITY AT
THE TIME OF FINAL PLAT BE PAID PRIOR TO RECORDING THE PLAT WITH SHERBURNE
COUNTY.
ALL WETLANDS ON THE SITE BE DELINEATED AND A WETLAND JOINT NOTIFICATION
FORM BE COMPLETED AND FILED.
AN NPEDS PERMIT BE OBTAINED FOR THE GRADING ASSOCIATED WITH THIS
DEVELOPMENT.
PARK DEDICATION FEE IN THE AMOUNT REQUIRED BY THE CITY AT THE TIME OF FINAL
PLAT BE PAID PRIOR TO RELEASING THE PLAT FOR RECORDING.
A SEALCOAT FEE, IN THE AMOUNT TO BE DETERMINED BY THE CITY ENGINEER, TO BE
PAID PRIOR TO RELEASING THE PLAT FOR RECORDING.
STREET LIGHTS SHALL BE INCLUDED AS PART OF THE IMPROVEMENTS FOR THE
SUBDIVISION. ELK RIVER UTILITIES HAS RECOMMENDED THREE STREET LIGHTS FOR THIS
PROJECT.
ALL EXISTING OUTBUILDINGS SHALL BE REMOVED FROM THE PROPERTY PRIOR TO
COMMENCING THE STREET IMPROVEMENTS.
A GRADING/EROSION CONTROL PLAN AND DEVELOPMENT PLAN BE SUBMII'I'ED AND
APPROVED BY THE CITY ENGINEER PRIOR TO THE ISSUANCE OF BUILDING PERMITS.
THE GRADING FOR THE DEVELOPMENT WILL NEED TO BE CERTIFIED PRIOR TO
ISSUANCE OF BUILDING PERMITS.
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16. RESTRICTED ACCESS ALONG COUNTY ROAD 33 SHOULD BE INCORPORATED ON THE
PLAT, NO LOTS SHALL BE ACCESSED FROM COUNTY ROAD 33.
17.
18.
19.
20.
A LANDSCAPING PLAN WITH SPECIES AND SIZE, WHICH INCLUDES A COMBINATION
OF BERMING AND TREES ALONG COUNTY ROAD 33 BE PROVIDED AND APPROVED
PRIOR TO RELEASING THE PLAT FOR RECORDING.
FRONT YARD TREES BE PROVIDED THROUGHOUT THE DEVELOPMENT AS SET FORTH IN
THE CITY ORDINANCE. THESE FRONT YARD TREES SHOULD BE ILLUSTRATED ON THE
SUBMII'rED LANDSCAPING PLAN.
ALL COMMENTS IN SHERBURNE COUNTY HIGHWAY DEPARTMENT'S LEI'rER DATED
6/5/96 BE INCORPORATED INTO THE REVISED PRELIMINARY PLAT AND MADE A
CONDITION OF THIS APPROVAL.
SOIL BORINGS BE COMPLETED ON EACH LOT AND THE RESULTS PROVIDED ON THE
DEVELOPMENT PLAN.
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RESOLUTION 95-
A RESOLUTION FOR THE CITY OF ELK RIVER
A RESOLUTION APPROVING PREMISE PERMIT RENEWAL FOR
ELK RIVER LIONS
WHEREAS,
the Elk River Lions have made application to the State
Gambling Control Board for a Premises Permit Renewal; and
WHEREAS,
the Premises Permit will allow charitable gambling (pull-
tabs) on the premises; and
WHEREAS,
the premises upon which the gambling will be conducted is
the Broadway Bar and Pizza, located at 16754 Highway 10
in the City of Elk River; and,
WHEREAS,
the Elk River Lions have met the City's requirement of
spending 75% of its lawful expenditures within the City's
trade area during the past two years.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City
of Elk River grant its approval of a Premises Permit for the
Elk River Lions allowing the organization to operate
charitable gambling at Broadway Bar and Pizza.
Passed and adopted by the Elk River City Council this 15th day of July,
1996.
ATTEST:
Henry A. Duitsman, Mayor
Sandra A. Thackeray, City Clerk