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8.4. SR 01-21-1997~ity of iver FROM: DATE: ITEM 8.4. MEMORANDUM Mayor and City Council Ach, City Planner~/~/~ Steve January 21, 1997 SUBJECT: Request for Preliminary and Final Plat Approval by Pat Heying, Public Hearing Case No. P 96-11 Issue Ao Consider preliminary plat for Heying Addition, subdividing approximately 4.9 acres into four commercial lots. Bo Consider Resolution No. 9%__, granting final plat approval for Heying Addition by Pat Heying Location The northwest corner of Highway 169 and School Street Zoning/Land Use C3 (Highway Commercial) / HB (Highway Business) Attachment · Memo from Terry Maurer dated January 17, 1997 · Location map · Zoning map · Preliminary/final plat · Utility plan · Grading plan · Conceptual site plan · Resolution No. 97- ,granting final plat approval Overview The subject property is currently owned by the Elk River School District and is the present location of the school district's administration offices. 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 Council (P 96-11) Page 2 January 21, 1997 School Street. The platting and development of this site will involve eventually removing the existing administration building as well as the associated parking lot. Beyond the administration building, the property is presently vacant and extends northerly to the city property where the water tower is currently located. The property has a rising topography from south to north of approximately 30 feet. This natural rise will require the site to be developed in a series of descending steps from the north parcel down to the south parcel. The site will also have grading lowering some of the high points anywhere from 5 to 9 feet, and construction of ponds which will require cuts of anywhere from 12 to 16 feet. There is some existing vegetation around the administration building that will be required to be removed based on the proposed development plans. The existing pine trees along Highway 169 are located in Mn/DOT's right of way and based on the proposed plans, are not shown to be disturbed. However, I would anticipate a request to have some selective trimming of those trees in the Mn/DOT right of way for visibility purposes of the commercial businesses. Lot sizes The plat consists of four separate commercial lots. The lots range in size from I acre up to 1.4 acres. All four lots meet the minimum lot size requirement in the C3 district as well as the minimum frontage requirement. The property is proposed to be developed with common driveways and parking areas. Therefore, the lot lines have been drawn to permit each lot to stand on its own with sufficient parking for each business. Easements The plat includes the appropriate lot line easements throughout the plat. The plat also reflects a 30 foot utility easement along Highway 169 which currently exists as part of a recorded document. This 30 foot easement was established to extend the 24 inch watermain parallel to Highway 169 to serve this area. The plat will need to be modified to include drainage and utility easements over the proposed storm water ponding areas. In addition, there is an existing sidewalk on the north side of School Street between Highway 169 and Freeport which currently lies outside of the School Street right of way. This sidewalk is currently not within any type of easement or covered by an easement document. A condition of this plat will recommend the sidewalk be included on an easement for sidewalk purposes. s:kcouncil\p961 lxxx.doc Memo to the Mayor and City Council (P 96-11) January 21, 1997 Page 3 Vehicle Access One of the primary concerns staff had in reviewing this plat related to vehicle access. As part of the submitted concept plan, staffwas able to review in concept the appropriate access points to this entire development. The existing school administration building currently has a driveway access onto Freeport Avenue at a distance north of School Street of approximately 175 feet to the south curb line of the entrance drive. In meeting with the developer, staff has requested that the new driveway, which will be used to provide access to the proposed Holiday Gas Station as well as a future 6,500 sq. ft. commercial business, be moved as far north as possible. Establishing the driveway as far north as possible will improve reaction time for vehicles making the free right movement from School Street to northbound Freeport. Also, eastbound School Street traffic turning north onto Freeport Avenue will have enough time and opportunities to make a lane change to gain access to the proposed development. The first driveway north of School Street is proposed to be approximately 195 feet measured to the south curb line. Therefore, the proposed driveway will be approximately 20 feet further north than the existing curb cut into the School Street administration offices. The other two access points as presented on the concept development plan are further north along Freeport and would provide immediate access to Lots 3 and 4. It is worth mentioning no access will be off School Street. Staff has discouraged this curb cut from the start due to the amount of projected traffic between Highway 169 and Freeport. In addition, the number of weaving movements that would occur in that relatively short distance would also present concern. Furthermore, when there was a development proposed at this location in 1991, the City Council also recommended eliminating any access from this site onto School Street for basically the same reasons. As a condition of plat approval, staff will be recommending that the plat be approved with a condition relating to access points that future developments will have to adhere with. Existing Building As mentioned earlier, the school district's administration offices are located in the southwest corner of the subject property. With the school board's recent purchase of the former county administration building downtown, it is anticipated that the employees will be relocating to that new office space as soon as it is made available. It will be recommended that prior to starting s:Xcouncil\p9611xxx.doc Memo to the Mayor and City Council (P 96-11) Page 4 January 21, 1997 construction on the proposed Lot 1, the school administration building be removed and all utilities be appropriately removed or properly disconnected. Grading of the Plat As previously mentioned, the site has a natural grade of approximately 30 feet rising from the south to the north. The grading plan reflects a lowering of the site which will require removal of dirt from the site. It is recommended that grading of the entire plat be completed prior to or in conjunction with development of the first lot. This is recommended because of the integral storm sewer system that is proposed as well as avoiding dramatic rises in grade from one site to the next. It will also be important for development of the first site to clearly define limits of construction to avoid erosion from the undeveloped portion onto the developed lot. Storm Water Ponds Staff was concerned from the beginning with the design of the storm water ponds. Originally, the slope of the ponds began immediately behind the curb surrounding the parking area and along the existing sidewalks. The side slope of the ponds were a 3:1, which is steeper than city ordinance allows. Staffs recommendation is to maintain a "fiat area" of approximately 10 feet between the curb and beginning slope of the pond. This fiat area was also requested along the existing sidewalk. Establishing a "fiat area" would allow opportunity for landscaping to occur and provide safe separation between pedestrian and ponding areas. Lastly, the slope of the ponds were flattened to a 4:1 rather than the 3:1 as previously proposed. Final Plat The City's subdivision ordinance allows the City Council to consider preliminary and final plat at the same meeting. Staff has recommended this on plats that are relatively small (2 to 4 lots) with few outstanding issues. The developers have taken the advantage of this opportunity and are requesting final plat along with their preliminary plat application. The City Council certainly has the discretion to act on the final plat at this time, or request changes prior to making its final decision. Park and Recreation Commission The Park and Rec Commission has reviewed the preliminary plat and are recommending the park dedication requirements be satisfied through the s:\council\p9611xxx.doc Memo to the Mayor and City Council (P 96-11) Page 5 January 21, 1997 payment of cash. Park dedication requirements will be based on the 1997 fees of $2,000 per acre. Planning Commission Since the plat consists of "four or fewer" lots the Planning Commission is not required by ordinance to review the plat. However, staff did present the plat and concept plan to the Commission at a previous workshop meeting. The Commission did echo concern regarding access drives to the plat and design of the storm water ponds. Recommendation It is recommended the City Council approve the following: Ao Preliminary plat to subdivide approximately 4.9 acres into 4 commercial lots with the following conditions: All comments outlined in Terry Maurer's memo dated January 17, 1997 be incorporated into approval of the final plat. Vehicle access to the proposed plat be limited to three driveways, all occurring on Freeport Avenue. No access will be allowed to Lot 1, Block I directly from School Street. o Cross access and cross parking agreements will need to be provided for the shared driveway and parking arrangements proposed on the plat. Additional drainage and utility easements to cover the proposed storm water management ponds will need to be reflected on the final plat. The existing school administration building will need to be removed along with all existing utilities properly capped or removed prior to construction commencing on Lot 1, Block 1. o A NPDES permit will need to be obtained prior to commencing any grading on site. A grading and development plan will need to be approved by the City Engineer prior to commencing grading. s:XcouncilXp9611xxx.doc Memo to the Mayor and City Council (P 96-11) Page 6 January 21, 1997 8. Grading in MN/DOT right of way will require a permit. This must be obtained and a copy presented to the city prior to commencing work. o Grading of the plat will need to be completed prior to or in conjunction with development of the first building constructed within the plat. 10. A surface water management fee will need to be paid prior to releasing the final plat for recording. 11. Park dedication will need to be paid prior to the release of the final plat for recording. 12. A water availability charge will need to be paid to Elk River Municipal Utilities in the amount of $300 per lot. Verification of this payment must be provided to the city prior to releasing the final plat for recording. 13. All outstanding engineering and legal fees will need to be paid prior to releasing the final plat for recording. 14. Any improvements made within a drainage and utility easement shall be subject to removal at the property owner's expense if any utility work needs to be done within the easement. 15. An easement document be prepared covering the existing sidewalk along School Street. This easement will need to be executed and recorded along with the final plat. Bo Resolution No. 97- , granting final plat approval for the Heying Addition with the conditions as outlined above and included on Exhibit B of the attached resolution. s:kcouncflXp9611xxx.doc 1326 Energy Par~ St. Paul, MN 612.64.4.4389 1.800'888.2923 Fax: 612.64,~-9~6 CJVIL ENGINEERING: ENvIRoNMENTAL PCANN/NG SOLID WASTE STRUCTURAL SURVI~¥1NG T~FFIC T~NSPORT~TtON ELECTRICAL/MECHANICAL ENGINEERING: HVAC POWER DISTRIBUTION SCADA SYSTEM CONTROLS OFFICES iN: MINNEAPOLIS PRIOR ~K~ ST. PAUl WASECA c:0/~0 ' d January 17, 1997 File: 230-343-11 Mr. Steve Ach City ]Planner City of Elk River 13065 Orono Parkway P.O. Box 490 Elk River, MN 55330 RE: HEYING ADDITION Dear Mr. Ach: As requested, we have reviewed the submittal package for the Heying Addition. The information we reviewed consisted of a Preliminary Plat with a revision date of January 3, 1997; a Preliminary Utility and Conceptual Site Plan and Preliminary Grading Plan, both with a revision date of December 30, 1996; and preliminary drainage calculations with a revision date of January 2, 1997. All of these documents were prepared by $ohn Oliver & Associates. As you are aware, we have had a staff review meeting which reviewed the first submittal for this particular development and recently a staff review meeting which reviewed the revised submktal package: Between those staff review meetings, we have had several meetings with the Developer, his engineer, and Holiday Companies which is a potential developer of Lot 1 at the south end. Based on all of this information and our review, we would offer the following comments: A. PRELIMINARY PLAT There is an existing sidewalk along School Street on the south end of this development that was originally built on the School District's property. At the time of the sidewalk construction, it was determined in working with the School District that the sidewalk could be built on their property and after construction it would be maintained by School District staff. Now, with the redevelopment of this property, an easement should be provided along the south end of the plat to give the City the right to maintain the sidewalk in future years. In the review of the Holiday Site Plan, there is a recommendation that a hydrant along School Street be relocated to the north to be accessible from inside the parking lot. This will also require some additional easement to ensure that the Municipal Utilities have the right to maintain and operate the hydrant. Mr. Steve Ach January 17, 1997 Page Two Them are two stormwater ponds shown on the Preliminary Grading Plan. No easemems are provided on the Preliminary Plat to cover these areas. Drainage and utility easements need to be provided to cover these ponding areas. Also, the side lot line easemem between Lots 2 and 3 mn directly through this pond on the west end. The drainage and utility easement around the ponding area should be large enough to allow an area for other utilities north of the pond limits. The plat of the Heying Addition includes the entire right-of-way of Freeport Avenue, which was originally grained from the School District by easemem. This will clean up this portion of Freepot~ Avenue. The Site Plan for the development shows two new hydrants to be tapped into the existing 24-inch watermain along the east side of the plat. If either of these two hydrants fall outside of the existing utility easement, additional easement needs to be granted with this plat to cover the location of these hydrants. B. PRELIMINARY UTILITY AND CONCEPTUAL SITE PLAN Sanitary sewer and water service for Lot 1 go directly beneath the pond shown on that lot. The sanitary sewer and water service for Lot 2 go through the north side slope of the pond shown on that lot. Extreme care needs to be taken with these locations so that sufficient depth is provided to protect the services from freezing during the winter months. Since both of the proposed buildings on these two lots are located near the east side of the lot, it may be a better solution to tap a new 2-inch water service from the existing 24-inch main located on the east side of the property. The plat shows three proposed driveways onto Freeport Avenue. This is down from thc original plan, which showed four driveway locations. The most southerly driveway location will provide access to both Lots 1 and 2. It is located approximately 20 feet farther to the north (farther from School Street) than the existing School District driveway location. Given the substantial amount of traffic anticipated at this location, this driveway is shown to be three lanes wide to accommodate one inbound lane and two outbound lanes. This way them will be a separate lane for right tums and left turns out of the driveway. Lots 1 and 2 are also connected to the two additional driveways located farther to the north by internal means. Mr. Steve Ach lanuary 17, 1997 Page Three The middle driveway shown on Lot 3 is a concern due to the internal layout of the lot. This driveway can be approached from the east, north, and south, which could lead to internal traffic congestion. It is our understanding that when a development is proposed on Lot 3, there will also be a chance to review the specifics at that time; therefore, this issue can wait until a specific proposal is brought forward. C. PRELIMINARY GRADING PLAN One of the issues that was discussed with the Developer and his engineer was the concern that drainage from the site not be allowed to sheet out onto Freeport Avenue. The Site Plan that has been submitted for the Holiday Stationstore clearly shows a high point which would preclude this from happening. It is difficult to tell from the Heying Addition Grading Plan if the same is true of the two driveways located farther to the north. We assume that this will be the case and that specific site plans for Lots 3 and 4 in the future will show the same high point to keep drainage from sheeting out onto Freeport Avenue. The building shown on Lot 2 has a finished floor elevation of 926.5. However, the Grading Plan shows a 927 contour running into the building on the north side. This means that a small amount of fill will be piled against part of the building's north side and east side. There is also a concern that the grading east of this building not cut into the side slope of the cover over the existing watermain. It appears that the elevation directly above the watermain maintains adequate cover, but that the side slope to the building may reduce the cover provided on this watermain. This should be checked and verified that adequate covet, is maintained. The Site Plan on Lots 1 and 3 shows construction of a driveway servicing the Car Wash and a parking isle in the existing watermain easement. This bas been reviewed with Bryan Adams, General Manager of the Elk River Municipal Utilities. He indicated he has no problem with this type of construction in their watermain easement as long as the cover over the waterrnain, including side slopes, is maintained at 71/2 feet. He also wanted it to be made clear that this construction will be done at the Developer's risk. If, in the future, the Municipal Utilities has to excavate this easement to access the watermain with/n it, it would not be their intent to compensate Holiday for temporary loss of access to the Car Wash and/or rebuild anything that was disrupted within the easement. inn Mr. Steve Ach January17, 1997 Page Four The Grading Plan shows a detail for grading adjacent to the proposed ponds. The detail shows a 10-foot flat area adjacent to the sidewalk and a 5-foot flat area adjacent to the curb on the inside of the lot. These details adequately reflect how the pond should be graded. We believe that the Grading Plan for the pond areas does not accurately reflect these details. It should be noted that when the ponds are constructed these flat areas of ten feet adjacent to sidewalk and five feet adjacent to curbs need to be maintained. 5. There are two retaining walls shown on the Grading Plan. A relatively small one is shown on the extreme south end of the plat and a four to five- foot high retaining wail is shown along the east side of Lots 3 and 4. If you have any questions regarding these comments, please call. Sincerely, MSA, CONSULTING ENGINEERS Terry $. ~aurer, P.E. TJM:tw LOCATION PARK I City of vel' 13065 Orono Parkway · P.O. Box 490 Elk River, MN 55330 LOCATION MAP LOCATION PARK City of · ,lver 13065 Orono Parkway · P.O. Box 490 Elk River, MN 55330 ZONING MAP c^s~: ,,o ?&. / / N' 0 60 ~20 180 SCALE IN FEET I inch = 60 feet Bearings shown are based on the north line of NW I/4, NE ~/4 o[ Sec. `34, Twp. ,3.3, Rng. 26, having an assumed b,earin.g of North 89°29'21" East. 0 Denotes I/2 inch x 14 inch iron monument set with a plastic cop marked R.L.S. number 8194. ~' DENOTES IRON PIPE FObND S~J~JIECT PRCF'ERTr (revL~ed): Drainage and Utility Easements ore shown thus: j I [ _'2L ~ ' bt Being 10 feet in width and adjoining right-of-way Fines, unless otherwise indicated, also being 5 feet in width and adjoining lot lines, unless other- wise indicated, as shown on the plat. HEYING ADDITION L47 1 I eI 511 °/ / t ! i ! ! ! City of Elk R /er Shert, Comty, N F:reeocr[ Avenue Sheet 2 Of 2 Sheets Note: "75/525" is o "Court Order" <)nd describes same property as in prdoate deed at book 82 of deeds, Pg. 246. ASSUMED BENCHMA~RK: Top Of T.N.H NE QUAD. Freer)art SChOOl St. Of Proposed Plat Of HEYING ADOITION. ELEV = 919.47 Feet OWNER & D~VELOPER: SURVEYORS &: ENGINEERS: John Oliver & Associates, Inc 580 Dodge Ave., 441-2072 ZONING: Highway Camm ercidt Denotes Building Setbacks: 40' from Hwy 169 Right-Of-Way 25' ffc~n other Right of-Way 20' rear yard 20' side ~rd i0' parking setback DATE: 11/13/96 BK/PG: DRAWN BY: PC; CHECKED BY: dO DWO FILE: IDS-FP2 TEXT FILE: F~LE NO: 6990.10-05 & 08 REVISIONS: 12/04/96 IQTIINFS & FA~FMFNT 1/'03/97 It')TI INFS &- FAqFblFNT I hereby certify that this plor, was prepared by me or under my direct supervision and thor I am ~ duly Registered Lond Surveyor ueder (he lows of the State of Minnesota. Signed: Date: 11/13/96 Lic. No. 8194 HEYING ADDITION ELK RIVER MN FOR PAT HEYING PRELIMINARY ADMINISTRATIVE SUBDIVISION 0 ¢0 80 I~0 SCALE IN FEET POND GRADING DETAIL CURB i = --I0' = I0:t SIDEWALK -- ~,--,,~ EXISTING CONTOUR ~l~I PROPOSED CONTOUR ~~ EXISTING STORM SEWER ~ PROPO~D STROM SEWER SILT FENCE IIIlIlIIlllIlIlllII RETAINING WALL li I ;I SHEET NO. ~ RESOLUTION NO. 97 - CITY OF ELK RIVER A RESOLUTION GRANTING FINAL PLAT APPROVAL FOR: HEYING ADDITION CASE NO. P 96-11 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 and final plat approval has been referred to the City Council; and WHEREAS, a preliminary plat of the Property was approved by the City Council on January 28, 1997; 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:XdocumentXresolutionXp96-11.doc WHEREUPON the resolution is adopted. Passed and adopted this__ day of ,1997. 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 ,1997. WITNESS my hand officially as such Clerk and the corporate seal of the City this __ day of ,1997. Sandra Thackeray, City Clerk STATE OF MINNESOTA SS. COUNTY OF SHERBURNE The foregoing instrument was acknowledged before me this __ , 1997, by Henry Duitsman, Mayor, City of Minnesota. Elk day of River, Notary Public s:\documentXresolutionXp96-11.doc STATE OF MINNESOTA SS. COUNTY OF SHERBURNE The foregoing instrument was acknowledged before me this __ , 1997, 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:XdocumentkresolutionXp96-11.doc EXHIBIT A 1) That part of the Northwest Quarter of the Northeast Quarter of Section 34, Township 33, Range 26, Sherburne County, Minnesota, described as follows: Beginning at a point on the North line of said Northwest Quarter of the Northeast Quarter a distance of 417.98 feet east of the Northwest corner thereof; thence South 15 degrees East a distance of 964.23 feet, more or less, to the North line of School Street as laid out and established on November 21, 1983, in the City of Elk River (said South line also being a line which is parallel with and distant 66.00 feet north of the extension east of the North line of NORTH TERRACE ADDITION on file and of record in and for said County); thence east on and along said North line of School Street to intersect the Westerly right-of-way line of U.S. Highway No. 169; thence northwesterly on and along said Westerly line of the highway right-of-way to intersect said North line of the Northwest Quarter of the Northeast Quarter; thence west on and along said North line to the Point of Beginning. For the purposes of this description said North line of the Northwest Quarter of the Northeast Quarter is assumed to bear South 89 degrees 02 minutes East. AND That part of said Northwest Quarter of the Northeast Quarter of Section 34 lying within the following described property: 2) Beginning at the North Quarter Corner of said Section 34, thence South 89 degrees 02 minutes East, assumed basis of bearings, along the North line of said Northwest Quarter of the Northeast Quarter for a distance of 417.98 feet; thence South 15 degrees 00 minutes East for a distance of 896.01 feet; thence due West for a distance of 1982.41 feet, more or less, to intersect the West line of the Northeast Quarter of the Northwest Quarter of said Section 34 at a point thereon a distance of 887.07 feet south of the Northwest corner thereof; thence North 0 degrees 45 minutes East along said West line for said 887.07 feet to said Northwest corner thereof; thence North 89 degrees 54 minutes East along the North line of said Northeast Quarter of the Northwest Quarter for a distance of 1321.17 feet, more or less, to the Point of Beginning. (This description being the same property as described in Book 75 of Deeds, Page 252; and in Book 82 of Deeds, Page 246). 3) and lying east of a line 40.00 feet westerly of, as measured at right angles to, and parallel with the following described line to be hereafter known as "Line A" for the purposes of this description: Said "Line A" beginning described as Beginning at the point of intersection of the North line of said Northwest Quarter of the Northeast Quarter with a s:XdocumentXresolutionXp96-11.doc line 269.44 feet, as measured as right angles, southwesterly of the Westerly line of the right-of-way of U.S. Highway No. 169; thence South 17 degrees 14 minutes 39 seconds East parallel with said Highway right- of-way for a distance of 398.85 feet; thence continue southerly along a tangential curve, concave to the west, radius 300.00 feet, for a central angle of 18 degrees 45 minutes 23 seconds and length 98.21 feet; thence South 1 degree 30 minutes 44 seconds West tangent to said curve for a distance of 454.08 feet, more or less, to intersect the North line of the duly recorded plat of ELK RIVER PLAZA, said County, and there terminate said centerline. For the purposes of this description, the North line of said Northwest Quarter of the Northeast Quarter is assumed to bear North 89 degrees 29 minutes 21 seconds East. Subject to two easements to said City of Elk River for School Street and Freeport Avenue as described in Instrument No. 299696. Also subject to utility easements to said City of Elk River as described in Instruments No. 202405, No. 208714, No. 294915, and No. 294962, files of the County Recorder. Containing 4.95 acres, more or less, exclusive of the above described street easements at Instrument No. 299696. Also subject to other easements of record, if any. s:\documentXresolution\p96-11.doc o 10. 11. 12. 13. 14. 15. EXHIBIT B ALL COMMENTS OUTLINED IN TERRY MAURER'S MEMO DATED JANUARY 17, 1997 BE INCORPORATED INTO APPROVAL OF THE FINAL PLAT. VEHICLE ACCESS TO THE PROPOSED PLAT BE LIMITED TO THREE DRIVEWAYS, ALL OCCURRING ON FREEPORT AVENUE. NO ACCESS WILL BE ALLOWED TO LOT 1, BLOCK 1 DIRECTLY FROM SCHOOL STREET. CROSS ACCESS AND CROSS PARKING AGREEMENTS WILL NEED TO BE PROVIDED FOR THE SHARED DRIVEWAY AND PARKING ARRANGEMENTS PROPOSED ON THE PLAT. ADDITIONAL DRAINAGE AND UTILITY EASEMENTS TO COVER THE PROPOSED STORM WATER MANAGEMENT PONDS WILL NEED TO BE REFLECTED ON THE FINAL PLAT. THE EXISTING SCHOOL ADMINISTRATION BUILDING WILL NEED TO BE REMOVED ALONG WITH ALL EXISTING UTILITIES PROPERLY CAPPED OR REMOVED PRIOR TO CONSTRUCTION COMMENCING ON LOT 1, BLOCK 1. A NPDES PERMIT WILL NEED TO BE OBTAINED PRIOR TO COMMENCING ANY GRADING ON SITE. A GRADING AND DEVELOPMENT PLAN WILL NEED TO BE APPROVED BY THE CITY ENGINEER PRIOR TO COMMENCING GRADING. GRADING IN MN/DOT RIGHT OF WAY WILL REQUIRE A PERMIT. THIS MUST BE OBTAINED AND A COPY PRESENTED TO THE CITY PRIOR TO COMMENCING WORK. GRADING OF THE PLAT WILL NEED TO BE COMPLETED PRIOR TO OR IN CONJUNCTION WITH DEVELOPMENT OF THE FIRST BUILDING CONSTRUCTED WITHIN THE PLAT. A SURFACE WATER MANAGEMENT FEE WILL NEED TO BE PAID PRIOR TO RELEASING THE FINAL PLAT FOR RECORDING. PARK DEDICATION WILL NEED TO BE PAID PRIOR TO THE RELEASE OF THE FINAL PLAT FOR RECORDING. A WATER AVAILABILITY CHARGE WILL NEED TO BE PAID TO ELK RIVER MUNICIPAL UTILITIES IN THE AMOUNT OF $300 PER LOT. VERIFICATION OF THIS PAYMENT MUST BE PROVIDED TO THE CITY PRIOR TO RELEASING THE FINAL PLAT FOR RECORDING. ALL OUTSTANDING ENGINEERING AND LEGAL FEES WILL NEED TO BE PAID PRIOR TO RELEASING THE FINAL PLAT FOR RECORDING. ANY IMPROVEMENTS MADE WITHIN A DRAINAGE AND UTILITY EASEMENT SHALL BE SUBJECT TO REMOVAL AT THE PROPERTY OWNER'S EXPENSE IF ANY UTILITY WORK NEEDS TO BE DONE WITHIN THE EASEMENT. AN EASEMENT DOCUMENT BE PREPARED COVERING THE EXISTING SIDEWALK ALONG SCHOOL STREET. THIS EASEMENT WILL NEED TO BE EXECUTED AND RECORDED ALONG WITH THE FINAL PLAT. s:XdocumentXresolutionXp96-11.doc