8.11. SR 08-19-1996.~ty of
ITEM 8.11.
MEMORANDUM
iver
FROM:
DATE:
Mayor & City Council
Steve Ach, City Planner~
August 12, 1996
SUBJECT: Final Plat Request by Country Ridge
Partnership, Case No. P 96-2
Issue
Consider Resolution No. 96- __ granting final plat approval for Country
Ridge Partnership subdividing approximately 30 acres into 46 single family
lots and two outlots.
Location
Southwest corner of County Road #30 and Jophn Street.
Zoning/Land Use
R-id (single family residential)/MR (medium density residential)
Attachments
· Final Plat
· Resolution No. 96-
· Minutes from the July 15, 1996, City Council meeting
Overview
The proposed final plat includes the 30 acres lying south of County Road 30
excluding the lots fronting onto Macon Street and Riverview Drive. This
area is currently being platted as Outlot A and B respectively and will be
replatted when city sewer and water is extended along Macon Street and
Riverview Drive. As mentioned in the past, the developer could submit a
valid petition to the City Council to have the utilities extended along Macon
Street and Riverview Drive to serve the platted outlots. In discussing with
the developer the timing of developing the outlots, it sounds as though the
developer would expect to develop these outlots in some reasonable amount of
time.
13065 Orono Parkway · P.O. Box 490 · Elk River, MN 55330 · (612) 441-7420 · Fax: (612) 441-7425
All of the lots in the proposed final plat meet the minimum 14,000 square
foot lot size with 90 feet of frontage. The only exception to this is Lots 7 and
9, Block 1, which appear to have a substandard lot width as measured at the
building setback line. These lots will need to be adjusted accordingly.
Park/Trail
As discussed by the City Council during the preliminary plat review, a 30
foot trail corridor extending westerly from the proposed park along Joplin
Street has been included in the final plat. This park corridor will
accommodate the construction of a bituminous trail extending from Macon
Street to the park along the east side of the development. In total, the park
land that is being dedicated meets the three acres that was originally
approved as part of the Country Crossings Ist Addition. As a condition of the
final plat, the developer will be responsible for constructing the trail from
Macon Street to the park on the east side of the development. The city will
reimburse the developer for the costs associated with this bituminous trail
construction once it is completed. This is consistent with the city's new policy
to have trails constructed as part of the improvements in residential
subdivisions to avoid conflicts with homeowners that may have purchased a
home adjacent to the trail corridor prior to its construction.
Staff is also recommending that the developer install overstory trees along
each side of the trail corridor from Macon Street to the park. The trees will
give definition to the trail and create more of a 'qinear park" character.
Joplin Street
As discussed during the preliminary plat review, staff believes that Joplin
Street will need to be upgraded as part of this development. It is a condition
of plat approval that the developer be responsible for 50 percent of Joplin's
improvement cost which includes a concrete sidewalk along the west side of
Joplin from County Road 30 south to Riverview Drive. It is likely that this
will have to be a city initiated project as it will have to be assessed to
Country Ridge Partnership and the other half paid by the city.
Street Names
The street names will need to be amended as follows:
· 180 1/2 Avenue NW will need to be 180th Avenue NW
· 179 1/2 Court NW needs to be 180th Circle NW
Recommendation
It is recommended that the City Council approve Resolution No. 96-
granting final plat approval for Country Crossing 3rd Addition with the
following conditions:
All comments outlined in the City Engineer's memo dated June 19 and
August 15, 1996, be incorporated into the revised final plat,
development plan and grading plan.
o
A developer's agreement be prepared and executed outlining the terms
and conditions of required improvements to serve the development.
A landscaping plan be provided to the city for approval illustrating the
landscaping along County Road No. 30 and each of the front yard trees
that are required throughout the development.
The final plat should be prepared illustrating a restricted access along
County Road No. 30.
A grading plan be submitted for review and approval by the City
Engineer prior to commencing any work on site.
Prior to issuance of building permits, the developer's engineer shall
submit a letter certifying the grading of the site has been done in
accordance with the approved grading plan.
A development plan be submitted illustrating types of homes and
lowest floor elevations be approved by the City Engineer prior to
issuance of building permits.
o
Joplin Street be upgraded to an urban section from County Road No.
30 to Riverview Drive.
A six foot sidewalk be provided along the west side of Joplin Street as
part of the improvements to Joplin Street.
10.
A storm water management impact fee be paid prior to releasing the
final plat for recording.
11.
Payment of sealcoating of the streets in the amount as determined by
the City Engineer be paid prior to recording the plat.
12.
Street lights be provided throughout the plat as requested by Elk
River Utilities. These street lights should be made part of the
improvements to the plat.
13.
Appropriate permits from Sherburne County shall be obtained for any
work to be done within County Road No. 30 right-of-way.
14.
Water availability charge of $300.00 per lot be paid to Elk River
Utilities prior to releasing the plat for recording.
15.
That the park on the plat be accepted as the park dedication
requirement.
16.
A 30 foot wide trail corridor be provided through the middle of the plat
between the proposed park and Macon Street to the west.
17.
Overstory trees be provided every 40 feet along each side of the trail
corridor from the park along Joplin Street to Macon Street.
18.
Developer be responsible to install bituminous trail from park along
Joplin Street to Macon Street. The city will reimburse the costs
associated with the trail construction.
council\p96-2cc.doc
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NW (;t~n~r Of G~v't Lot 5,
DDI .ION
O_UNTR Y,, GROSSING, THIRD A
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CITY OF ELK RIVER,
SHERBURNE COUNTY, MN.
100
N
GRAPHIC SCALE
0 50 100
2OO
( SCAI~ IN I~ET )
Scale: t inch = I00 feet.
For the purposes of this plat, the
North line of Govt. Lot 5, Sec. 5,
T. 55, R. 26, is assumed to bear
North 89° 44' 14" East.
o Denotes I/2 inch x 14 inch iron pipe set
with a plastic plug stamped R.LS. 8194.
· Denotes iron monument found.
Drainage and Utility Easements are shown
thus: 5~5
~o I Illll
_.,.___,1~____ i'°--
Being I0 feet in width and adjoining right-
of-way lines, also being 5 feet in width
and adjoining lot tines, unless otherwise
indicated, os shown on the plat.
Joh,~ Ot~,ver Jc Assocff,~tes
RESOLUTION NO. 96 -
CITY OF ELK RIVER
A RESOLUTION GRANTING FINAL PLAT APPROVAL FOR:
Country Crossing 3rd Addition
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 July 15, 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.
o
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:
P96-2 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
P96-2 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
Government Lot 5, Section 5, Township 32, Range 26, EXCEPTNG therefrom
that part thereof platted as GRANDVlEW ADDITION, said County. ALSO
EXCEPTING therefrom all that part thereof platted as GRANDVIEW 2ND
ADDITION, said County.
P96-2 Page 5
EXHIBIT B
All comments outlined in the City Engineer's memo dated June 19 and
August 14, 1996, be incorporated into the revised final plat,
development plan and grading plan.
o
A developer's agreement be prepared and executed outlining the terms
and conditions of required improvements to serve the development.
A landscaping plan be provided to the city for approval illustrating the
landscaping along County Road No. 30 and each of the front yard trees
that are required throughout the development.
o
The final plat should be prepared illustrating a restricted access along
County Road No. 30.
A grading plan be submitted for review and approval by the City
Engineer prior to commencing any work on site.
Prior to issuance of building permits, the developer's engineer shall
submit a letter certifying the grading of the site has been done in
accordance with the approved grading plan.
A development plan be submitted illustrating types of homes and
lowest floor elevations be approved by the City Engineer prior to
issuance of building permits.
o
Joplin Street be upgraded to an urban section from County Road No.
30 to Riverview Drive.
A six foot sidewalk be provided along the west side of Joplin Street as
part of the improvements to Joplin Street.
10.
A storm water management impact fee be paid prior to releasing the
final plat for recording.
11.
Payment of sealcoating of the streets in the amount as determined by
the City Engineer be paid prior to recording the plat.
12.
Street lights be provided throughout the plat as requested by Elk
River Utilities. These street lights should be made part of the
improvements to the plat.
Page 6
13.
Appropriate permits from Sherburne County shall be obtained for any
work to be done within County Road No. 30 right-of-way.
14.
Water availability charge of $300.00 per lot be paid to Elk River
Utilities prior to releasing the plat for recording.
15.
That the park on the plat be accepted as the park dedication
requirement.
16.
A 30 foot wide trail corridor be provided through the middle of the plat
between the proposed park and Macon Street to the west.
17.
Overstory trees be provided every 40 feet along each side of the trail
corridor from the park along Joplin Street to Macon Street.
18.
Developer be responsible to install bituminous trail from park along
Joplin Street to Macon Street. The city will reimburse the costs
associated with the trail construction.
P96-2 Page 7
Elk River Cig, Council Meeting
July 15, 1996
sidewalk placed on the south side of the street could deflate prices of lots.
indicated he would prefer the sidewalk on the north side of the street.
Page 7
He
Councilmember Holmgren spoke in regard to the cul-de-sac on Riverview Drive.
He indicated he was oppased to having Riverview Drive a cul-de-sac.
Councilmember Holmgren further indicated his concern regarding the fact that
trails be staked so that people are aware of where the trails will be located when
purchasing lots.
COUNCILMEMBER FARBER MOVED TO ADOPT RESOLUTION 96-48, A RESOLUTION
GRANTING FINAL PLAT APPROVAL FOR MISSISSIPPI OAKS 2ND ADDITION, CASE
NO, P 93-5, WITH THE STIPULATION THAT THE SIDEWALK BE ON THE NORTH SIDE OF
THE ROAD AND THAT THE RIGHT-OF-WAY BE REDUCED FROM 70 FEET TO 60 FEET.
COUNCILMEMBER SCHEEL SECONDED THE MOTION. THE MOTION CARRIED 3-2.
Councilmembers Hoimgren and Dietz opposed.
Councilmember Dietz indicated he voted in opposition because he would rather
see the sidewalk on the south side of the road.
Councilmember Holmgren indicated he voted in opposition due to the long
dead end cul-de-sac.
Gordon Moldenhauer indicated he did not feel that it was fair that Heritage
Landing did not pay park dedication and that the Council was requiring park
dedication from his plat.
'¢
7.7.
ltv Moldenhauer stated that he was opposed to the sidewalk.
Preliminaw Plat Request for Country Ridqe Partnership, Public Hearin.q, Case No. P
96-2
City Planner Steve Ach stated that Country Ridge Partnership is requesting
preliminary plat approval to subdivide approximately 30 acres into 70 single
family lots. The plat is located at the southwest corner of County Road 30 and
Joplin Street.
Park and Recreation Commission representative Dana Anderson gave an update
on the Park and Recreation Commission's recommendation regarding the
proposed park for the plat.
Mayor Duitsman opened the public hearing.
Terry Herman of John Oliver and Associates, commented on the proposed
access to the trails at the street corners of 179th Avenue and 180-1/2 Avenue. He
indicated that it would be his preference to create a trail connection to the park
in the middle of the subdivision as it would affect less lots than the corner
accesses. Mr. Herman also indicated his concern regarding the developer being
responsible for the entire Joplin Street improvement costs.
Mike Heinecke, 18038 Macon Street, indicated his concern regarding how the
proposed plat affects the future of sewer and water to the area.
Elk River City Council Meeting Page 8
July 15, 1996
There being no further comments, Mayor Duitsman closed the public hearing.
Counciimember Dietz indicated that the developer should be charged 50
percent of the cost for the upgrade of Joplin due to an error that was made
when Heritage Landing was completed.
The Council agreed that a trail corridor extending west of the proposed park
would be better than a corridor at each corner.
COUNCILMEMBER SCHEEL MOVED TO APPROVE THE PRELIMINARY PLAT REQUEST
BY COUNTRY RIDGE PARTNERSHIP TO SUBDIVIDE 30 ACRES INTO 70 SINGLE FAMILY
LOTS WITH THE FOLLOWING CONDITIONS:
ALL COMMENTS OUTLINED IN THE CITY ENGINEER'S MEMO DATED JUNE 19,
1996, BE INCORPORATED INTO THE REVISED PRELIMINARY PLAT,
DEVELOPMENT PLAN AND GRADING PLAN.
A DEVELOPER'S AGREEMEIqT BE PREPARED AND EXECUTED OUTLINING THE
TERMS AND CONDITIONS OF REQUIRED IMPROVEMENTS TO SERVE THE
DEVELOPMENT.
A LANDSCAPING PLAN BE PROVIDED TO THE CITY FOR APPROVAL
ILLUSTRAT!NG THE LAIqDSCAPING ALONG COUNTY ROAD NO. 30 Al,ID
EACH OF THE FRONT YARD TREES THAT ARE REQLIIRED THROUGHOUT THE
DEVELOPMENT.
THE FINAL PLAT SHOULD BE PREPARED ILLUSTRATii',IG A RESTRICTED ACCESS
ALONG COUNTY ROAD NO. 30.
A GRADING PLAN BE SUBMI'Iq'ED FOR REVIEW AND APPROVAL BY THE CITY
ENGINEER PRIOR TO COMMENCING ANY WORK ON SITE.
o
PRIOR TO ISSUANCE OF BUILDING PERMITS, THE DEVELOPER'S ENGINEER
SHALL SUBMIT A LET-I'ER CERTIFYING THE GRADING OF THE SITE HAS BEEN
DONE IN ACCORDANCE WITH THE APPROVED GRADING PLAN.
A DEVELOPMENT PLAN BE SUBMIT[ED ILLUSTRATING TYPES OF HOMES AND
LOWEST FLOOR ELEVATIONS BE APPROVED BY THE C!TY ENGINEER PRIOR
TO ISSUANCE OF BUILDING PERMITS.
JOPLIN STREET BE UPGRADED TO AN URBAN SECTION FROM COUNTY
ROAD NO. 30 TO RIVERVIEW DRIVE Al,ID THE DEVELOPER BE RESPONSIBLE
FOR 50 PERCENT OF THE PROJECT COST.
A SIX FOOT SIDEWALK BE PROVIDED ALONG THE WEST SIDE OF JOPLIN
STREET AS PART OF THE IMPROVEMENTS TO JOPLIN STREET.
10.
A STORM WATER MANAGEMENT IMPACT FEE BE PAID PRIOR TO RELEASING
THE FINAL PLAT FOR RECORDING.
Elk River City Council Meeting Page 9
July 15, 1996
I 1. PAYMENT OF SEALCOATING OF THE STREETS IN THE AMOUNT AS
DETERMINED BY THE CITY ENGINEER BE PAID PRIOR TO RECORDING THE
PLAT.
12.
STREET LIGHTS BE PROVIDED THROUGHOUT THE PLAT AS REQUESTED BY ELK
RIVER UTILITIES. THESE STREET LIGHTS SHOULD BE MADE PART OF THE
IMPROVEMENTS TO THE PLAT.
13.
APPROPRIATE PERMITS FROM SHERBURNE COUNTY SHALL BE OBTAINED
FOR ANY WORK TO BE DONE WITHIN COUNTY ROAD NO. 30 RIGHT-OF-
WAY.
14.
WATER AVAILABILITY CHARGE OF $300.00 PER LOT BE PAID TO ELK RIVER
UTILITIES PRIOR TO RELEASING THE PLAT FOR RECORDING.
15.
THAT THE PARK ON THE PLAT BE ACCEPTED AS THE PARK DEDICATION
REQUIREMENT.
16.
A 30 FOOT WIDE TRAIL CORRIDOR BE PROVIDED THROUGH THE MIDDLE OF
THE PLAT BETWEEN THE PROPOSED PARK AND MACON STREET TO THE
WEST.
~..OU,~CILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 5-0.
The City Council recessed at 8:10 p.m. and reconvened at 8:20 p.m.
7.8. Variance Reauest bv Darren ana Elizabeth Duffv. Public Hearinq Case No. V 96-6
7.9.
Administrative Subdivision Request bv Dorren and Elizabeth Duffv. Public Heorinq,
Case No. AS 96-2
City Planner Steve Ach indicated that Darren and Elizabeth Duffy are requesting
a variance to the minimum lot size requirement in the R-la zoning district. He
further indicated that Darren and Elizabeth Duffy are requesting an administrative
subdivision to subdivide five acres into h~vo separate residential parcels at the
northeast corner of 201st Avenue and Zebulon Street NW. Steve Ach explained
that the Duffy's are required to grant ! 7 feet of right-of-way to the county and,
therefore, Parcel A will fall slightly below the 2-1/2 acre minimum lot size
requirement.
Mayor Duitsman opened the public hearing for Items 7.8. and 7.9. There being no
one for or against either matter, Mayor Duitsman closed the public hearing for
both issues.
COUNCILMEMBER SCHEEL MOVED TO APPROVE THE VARIANCE REQUEST BY
DARREN AND ELIZABETH DUFFY TO ALLOW A LOT TO BE CREATED WHICH IS
SLIGHTLY LESS THAN THE 2-1/2 ACRE MINIMUM REQUIRED BY CITY ORDINANCE
BASED ON THE FOLLOWING FINDINGS:
'[HE INTENI' OF THE R1A MINIMUM LOT SIZE REQUIREMENT OF 2-1/2 ACRES
IS NOT DIMINISHED BY GRANTING THE REQUESTED VARIANCE.
CON~[LT1NG ENGINEER~
1326 Energy Park Drive
St. Paul, MN 55108
612-644-4389
1-800-888-2923
Fax: 612-644-9446
August 15, 1996
File: 230-314-11
Mr. Steve Ach
City Planner
City of Elk River
13065 Orono Parkway
P.O. Box 490
Elk River, MN 55330
RE:
COUNTRY CROSSINGS 3RD ADDITION
FINAL PLAT
CIVIL ENGINEERING:
ENVIRONMENTAL
'JNICIPAL
.ANNING
SOLID WASTE
STRUCTURAL
SURVEYING
TRAFFIC
TRANSPORTATION
ELECTRiCAL/MECHANiCAL
ENGINEERING:
HVAC
POWER DISTRIBUTION
SCADA
SYSTEF,~ CONTROLS
mFFICES IN:
MINNEAPOLIS
PRIOR LAKE
ST. PAUL
WASECA
Dear Mr. Ach:
As requested, we have reviewed the final plat for Country Crossings 3rd Addition. It was
prepared by John Oliver and Associates, Inc. Based on our review we would offer the
following comments:
The two eyebrow cul-de-sacs located at the north and south end of Kent Street
have now been removed. However, at the north end it has now caused Lots 7 and
9 of Block 1 to be substandard in width of frontage on the road. Lot 7 has 72 feet
of frontage but has a wider easement along the west edge causing a smaller than
normal buildable area. Lot 6 has a width along the road of 67.65 feet but
diverging lot lines which cause the buildable area to be reasonably sized.
We would suggest that two substandard sized lots are certainly better than the
eyebrow cul-de-sac that was proposed originally. However, it may be advisable
to have several substandard lots by taking a couple of feet off of several lots either
side of these two to make Lots 7 and 9 slightly larger.
Lot 7 Block 2 is less than 100 feet at the setback line. This is a corner lot and
requires 100 feet. However, it is certainly within one half foot of the necessary
frontage.
The area for the proposed trail and the park area are both shown on this plat as
dedicated park property. We would recommend that they be dedicated as outlots
and given to the City. The City would then use them as park property.
We would recommend that all the lots abutting the park property should be
provided with a 10 foot drainage and utility easement rather than the 5 foot
required for side and rear lot lines.
An Equal Opportunity Employer
Mr. Steve Ach
August 15, 1996
Page Two
o
At the rear comer of Lots 7/8 and 13/14, Block 1 there are proposed catchbasins
to be installed. We would recommend that slightly larger easements be given in
this area to accommodate and isolated flooding that may occur around the
catchbasin. Also in the case of the catchbasin located at the rear of Lots 13 and
14 additional easement should be provided on Outlot B to accommodate the
installation and isolated flooding.
If you have any questions regarding of these commems please call.
Sincerely,
MSA, CONSULTING ENGINEERS
Terry J. Maurer, P.E.
TJM:jm
314-1413.aug