7.8. SR 10-16-1995~ J ,~
(
ity of .~~
lk •
River
TO:
FROM:
DATE:
MEMORANDUM
Mayor and City Council
ITEM 7.8.
Steven B. Ach, City Planner.-,~~~~,,~
October 16, 1995
SUBJECT: Request for Final Plat Approval by
Kingman Building Company, Case
No. P 94-13
Issue
Consider Resolution 95-_, granting final plat approval for Country
Crossing Townhomes 2nd Addition by Kingman Building Company.
Location
• Outlot A, Country Crossing Townhomes (southwest corner of the intersection
of Joplin Street and 183rd Avenue).
Zoning/Land Use
PUD (Planned Unit Development) / MR, (Medium Density Residential)
Attachments
• Final Plat
• Resolution 95-
Overview
The final plat request by Kingman Building Company is the second phase of
a 62 unit twinhome planned unit development. The first phase included 22
lots that is currently under construction and lies immediately west of Joplin
Street. The second addition will involve an additional 181ots (9 buildings)
along with the extension of a private street and public utilities connecting
183rd Avenue with 182nd Avenue to the south. The requested final plat is
consistent with the preliminary plat that was approved by the City Council
• on January 23, 1995.
13065 Orono Parkway • P.O. Box 490 • Elk River, MN 55330 • (612) 441-7420 • Fax: (612) 441-7425
Country Crossing Townhomes 2nd Addition Page 2
October 16, 1995
As mentioned above, the planned unit development was approved with
• private streets; however, the utilities are public. The PUD agreement, and
the development plans, including required landscaping have all been
approved for the entire project. Staff has not done an actual inspection of the
landscaping on the first phase of the project; however, it is apparent that
efforts are being made by the developer to install that required landscaping.
The approved landscape plans require this same type of landscaping to be
continued through the second, and ultimately, the third phase of the project.
Parh Dedication
The park dedication requirements for this development were satisfied as part
of the single family development of Country Crossings 1st Addition. The
Council may recall that Mr. Emmerich dedicated enough land to satisfy the
park dedication requirements of all of his residential development. However,
park dedication did not include any of the commercial development that may
occur in the business park.
Recommendation
It is recommended that the City Council approve resolution 95- ,granting
final plat approval for Country Crossing Townhomes 2nd Addition with the
• .following conditions:
1. A developer's agreement outlining the terms and conditions for
installation of public utilities be prepared and executed prior to release
of the final plat.
2. All comments stated in the City Engineer's memo dated 12/27/94 be
included in the plans and specifications for utilities and any other
pertinent conditions that may apply in the second addition.
3. Necessary street lights as determined by Elk River Utilities be
installed as part of the project and paid for by the developer.
4. A surface water management impact fee in the amount of $123.60 per
unit be paid prior to releasing the final plat for recording. Future
phases shall be required to pay this fee in the amount as required by
the City at the time of final plat.
5. A water availability charge in the amount of $300 per unit be paid to
the Elk River Utilities prior to releasing the final plat for recording.
Developer should consult with Elk River Utilities on an additional
• charges that maybe required as part of the water utility
improvements and hook up charges.
s:council:p94-13
Country Crossing Townhomes 2nd Addition Page 3
October 16, 1995
-------------------------------------------------------------
• 6. A development plan be submitted and approved by the City Engineer
prior to issuance of a building permit.
7. If the association documents submitted as part of Phase 1 will be any
different in Phase 2, these documents must be reviewed by the City
Engineer prior to releasing the final plat for recording.
S. Prior to releasing the final plat for recording, the developer pay all
outstanding bills pertaining to this development.
9. A Financial Guarantee in the amount of utility construction be
provided to the City prior to commencing construction.
CJ
•
s:council:p94-13
RESOLUTION NO. 95 -
• CITY OF ELK RIVER
A RESOLUTION GRANTING FINAL PLAT APPROVAL FOR:
COUNTRY CROSSING TOWNHOMES 2ND 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 January 23, 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:
1. It is hereby determined by the City Council for the City of Elk River as
follows:
A. The proposed subdivision is consistent with the Zoning Ordinance
and conforms with all of its requirements.
B. 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.
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 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.
F. 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.
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 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:document:resolution:cctwnhm2 Page 2
WHEREUPON the resolution is adopted.
Passed and adopted this day of , 1995
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 , 1995.
WITNESS my hand officially as such Clerk and the corporate seal of the
City this day of , 1995.
•
Sandra Thackeray, City Clerk
STATE OF MINNESOTA
SS.
COUNTY OF SHERBURNE
The foregoing instrument was acknowledged before me this day of
1995, by Henry Duitsman, Mayor, City of Elk River,
Minnesota.
Notary Public
•
s:document:resolution:cctwnhm2 Page 3
•
STATE OF MINNESOTA
SS.
COUNTY OF SHERBURNE
The foregoing instrument was acknowledged before me this day of
1995, by Sandra Thackeray, City Clerk, City of Elk River,
Minnesota.
Notary Public
THIS INSTRUMENT WAS DRAFTED BY:
LARKIN, HOFFMAN, DALY & LINDGREN, Ltd.
1500 Norwest Financial Center
7900 Xerxes Avenue South
Bloomington, MN 55431
•
s:document:resolution:cctwnhm2 PagB 4
EXHIBIT A
Outlot A, Country Crossing Townhomes, Sherburne County, Minnesota
•
•
s:document:resolution:cctwnhm2 Page 5
•
EXHIBIT B
A DEVELOPER'S AGREEMENT OUTLINING THE TERMS AND CONDITIONS FOR
INSTALLATION OF PUBLIC UTILITIES BE PREPARED AND EXECUTED PRIOR TO RELEASE
OF THE FINAL PLAT.
2. ALL COMMENTS STATED IN THE CITY ENGINEER'S MEMO DATED 12/27/94 BE
INCLUDED IN THE PLANS AND SPECIFICATIONS FOR UTILITIES AND ANY OTHER
PERTINENT CONDITIONS THAT MAY APPLY IN THE SECOND ADDITION.
3. NECESSARY STREET LIGHTS AS DETERMINED BY ELK RIVER UTILITIES BE INSTALLED AS
PART OF THE PROJECT AND PAID FOR BY THE DEVELOPER.
4. A SURFACE WATER MANAGEMENT IMPACT FEE IN THE AMOUNT OF $123.60 PER
UNIT BE PAID PRIOR TO RELEASING THE FINAL PLAT FOR RECORDING. FUTURE
PHASES SHALL BE REQUIRED TO PAY THIS FEE IN THE AMOUNT AS REQUIRED BY THE
CITY AT THE TIME OF FINAL PLAT.
5. A WATER AVAILABILITY CHARGE IN THE AMOUNT OF $300 PER UNIT BE PAID TO THE
ELK RIVER UTILITIES PRIOR TO RELEASING THE FINAL PLAT FOR RECORDING.
DEVELOPER SHOULD CONSULT WITH ELK RIVER UTILITIES ON AN ADDITIONAL
CHARGES THAT MAY BE REQUIRED AS PART OF THE WATER UTILITY IMPROVEMENTS
AND HOOK UP CHARGES.
6. A DEVELOPMENT PLAN BE SUBMITTED AND APPROVED BY THE CITY ENGINEER
• PRIOR TO ISSUANCE OF A BUILDING PERMIT.
7. IF THE ASSOCIATION DOCUMENTS SUBMITTED AS PART OF PHASE 1 WILL BE ANY
DIFFERENT IN PHASE 2, THESE DOCUMENTS MUST BE REVIEWED BY THE CITY
ENGINEER PRIOR TO RELEASING THE FINAL PLAT FOR RECORDING.
8. PRIOR TO RELEASING THE FINAL PLAT FOR RECORDING, THE DEVELOPER PAY ALL
OUTSTANDING BILLS PERTAINING TO THIS DEVELOPMENT.
9. A FINANCIAL GUARANTEE IN THE AMOUNT OF UTILITY CONSTRUCTION BE
PROVIDED TO THE CITY PRIOR TO COMMENCING CONSTRUCTION.
•
s:document:resolution:cctwnhm2 Page 6
;:\DRAW12\67 ~\FP-CCTH2 Fri Sep 22 09:59:17 1995 SHARON
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