7.1. SR 08-25-1997Item # ?. 1.
City of
iver
MEMORANDUM
Mayor and City Council
FROM:
DATE:
Steve Ach, City rlanner_~t5~
August 25, 1997
SUBJECT:
Request by Phoenix Enterprises
for Final Plat Approval (Hillside
Crossing South II), Case No. P 97-7
Isslle
Consider Resolution No. 97-__, granting final plat approval for Phoenix
Enterprises to subdivide approximately 7 acres into two commercial lots.
Location
The southeast corner of 193rd Avenue and Evans alignment.
Zoning/Land Use
C3 (Highway Commercial) / HB (Highway Business)
Attachments
· Resolution No. 97-__
· Final plat
Overview
Attached is the final plat which is identical to the preliminary plat presented
to the City Council on August 18th. The plat involves approximately 7 acres
and divides the property into two commercial lots. The attached resolution
includes 11 conditions as approved by the City Council for preliminary plat.
Concept Plan
As presented along with the preliminary plat, Condition No. 11 requires the
developer to provide a revised concept plan to the City Council for review and
approval that will then be made part of the developer's agreement for the
13065 Orono Parkway · P.O. Box 490 · Elk River, MN 55330 · TDD & Phone: (612) 441-7420 · Fax: (612) 441-7425
Memo to the Mayor and City Council/P 97-7
August 25, 1997
Page 2
plat. This concept plan will need to be completed, reviewed and approved by
the City Council in order to finalize the developer's agreement and recording
the plat with Sherburne County. Having the plan made part of the
developer's agreement will give the Council a more definitive understanding
of how the property will be developed. Without the concept plan, there is no
guarantee that the property would be developed as presented on the concept
plan. If I understood the Council correctly, a notice will be sent to
neighboring residences of the Council meeting to review the concept plan.
Therefore, the developer should submit the plan to staff two weeks prior to
the Council meeting.
Recommendation
It is recommended the City Council approve Resolution No. 97-__., granting
final plat approval for Phoenix Enterprises (Hillside Crossing South II), with
the conditions outlined in the resolution.
f: \shrdoc\council\p97- 7x3.doc
RESOLUTION NO. 97 -
CITY OF ELK RIVER
A RESOLUTION GRANTING FINAL PLAT APPROVAL FOR:
HILLSIDE CROSSING SOUTH TWO
Case No. P 97-7
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, a preliminary plat of the Property was approved by the
City Council on August 18, 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.
Do
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.
o
This final plat approval shall expire one year 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:
WHEREUPON the resolution is adopted.
Page 2
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
Page 3
STATE OF MINNESOTA
SS.
COUNTY OF SHERBURNE
The foregoing instrument was acknowledged before me this __ day of
, 1997, 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
Outlot A, Hillside Crossing South
Page 5
EXHIBIT B
o
o
10.
11.
A DEVELOPER'S AGREEMENT BE PREPARED OUTLINING THE CONDITIONS OF PLAT
APPROVAL AND PUBLIC IMPROVEMENTS.
PAYMENT OF PARK DEDICATION IN THE AMOUNT REQUIRED BY THE CITY AT THE TIME
OF FINAL PLAT BE MADE PRIOR TO RELEASING THE PLAT FOR RECORDING.
PAYMENT OF THE SURFACE WATER MANAGEMENT FEE IN THE AMOUNT REQUIRED BY
THE CITY AT THE TIME OF FINAL PLAT BE MADE PRIOR TO RECORDING THE PLAT WITH
THE COUNTY.
PAYMENT OF THE WATER AVAILABILITY CHARGE BE MADE TO ELK RIVER MUNICIPAL
UTILITIES PRIOR TO RECORDING THE PLAT WITH THE COUNTY.
THE APPROPRIATE DRAINAGE AND UTILITY EASEMENTS BE INCLUDED ON THE PLAT TO
REFLECT THE DRAINAGE AND UTILITY NEEDS TO ACCOMPLISH FUTURE DEVELOPMENT
OF THE SITE. THIS ALSO INCLUDES AN EASEMENT BASED ON THE ULTIMATE {POST
DEVELOPMENT) ORDINARY HIGH WATER LEVEL OF THE WETLAND COMPLEX TO THE
SOUTH AND EAST.
STORM DRAINAGE CALCULATIONS BE PROVIDED TO THE CITY ENGINEER FOR REVIEW
AND APPROVAL PRIOR TO FINAL PLAT BEING RECORDED WITH SHERBURNE COUNTY.
A COMPLETE GRADING AND DRAINAGE PLAN BE SUBMITTED AND REVIEWED BY THE
CITY ENGINEER PRIOR TO FINAL PLAT APPROVAL.
THE WATERMAIN BE EXTENDED THROUGH THE PLAT FROM EVANS TO 193RD AVENUE.
THIS IMPROVEMENT WILL BE A PUBLIC UTILITY; THEREFORE, PLANS MUST BE REVIEWED
BY THE CITY ENGINEER.
PRIOR TO COMMENCING GRADING ON SITE, A GRADING PLAN MUST BE APPROVED
BY THE CITY ENGINEER AND ALL EROSION CONTROL AND TREE PORTECTION INI
PLACE.
A SIX FOOT WIDE SIDEWALK BE INSTALLED ALONG THE EAST SIDE OF EVANS STREET
ALIGNMENT FROM 193RD TO THE RESTAURANT IN HILLSIDE CROSSING SHOPPING
CENTER.
A REVISED CONCEPT PLAN BE SUBMITTED FOR COUNCIL REVIEW AND APPROVAL TO
BE INCORPORATED INTO THE DEVELOPER'S AGREEMENT. THE REVISED
DEVELOPOMENT PLAN SHALL FOCUS ON THE RE-ORIENTATION OF THE BUILDING ON
LOT 1 TOWARDS THE CENTER OF THE SITE, ADJUSTING THE OTHER BUILDINGS TO
MAXIMIZE PRESERVING THE NATURAL FEATURES OF THE SITE, AND INCLUDE A BUFFER
AREA BETWEEN THE PARKING AREA AND THE RESIDENTIAL HOMES TO THE EAST.
\\elkriver\sys\shrdoc\document\resoluti\p97-7.doc
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SURVEYORS
HILLSIDE
CROSSING SOUTH TWO
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