6.2. SR 01-20-1998-'~;ty of
iver
MEMORANDUM
Item # 6.2.
TO:
FROM:
DATE:
SUBJECT:
Mayor and City Council
Scott Harlicker, Planning Assista~/
January 20, 1998
Request for Final Plat Approval by
Morrell (Morrell Addition), Case
No. P 97-10
Request
Final plat approval to plat approximately 23.5 acres into one industrial lot
Location
The southwest corner of 171st Avenue and the Burlington Northern Railroad
tracks
Zoning/Land Use
PUD (Planned Unit Development) / LI (Light Industrial)
Attachments
· Location map
· Final plat
· Resolution 98-
Overview
This plat will allow Morrell Transfer to proceed with their development plans
to construct a trucking facility on this site. The Council reviewed this plat, as
well as the rezoning to PUD, the conditional use permit for the PUD and the
site plan for the trucking facility on June 16, 1997. The Council granted
approval of the rezoning and the conditional use permit, and approval of the
preliminary plat. The applicant is now requesting approval of the final plat.
Since the plat received preliminary approval in June, the applicant has
requested and received approval from the city to vacate a 16 foot cartway
13065 Orono Parkway · P.O. Box 490 · Elk River, MN 55330 · TDD & Phone: (612) 441-7420 · Fax: (612) 441-7425
Memo to Mayor and City Council/P 97-10
January 20, 1998
Page 2
easement that extended across the north boundary of the plat. The applicant
has also received authorization from the Council to purchase an area of
approximately 6,000 square feet along the right-of-way for 171st Avenue
from the city. The vacation of the cartway easement has not been recorded
with the county nor has the purchase of city owned property been finalized.
These items will have to be recorded prior to recording the final plat.
The applicant has also purchased the strip of property along the south side of
the Burlington Northern Railroad tracks from Cargill. This purchase, along
with the vacation of the cartway easement and the purchase of the city
property, will give the applicant ownership of all the property included on the
plat.
The development plans for the site required a wetland permit and a
mitigation plan. These have been approved by the city. Included in the
approval of the mitigation plan was a condition that restrictive covenants be
in place over the wetlands and buffer area. A bond covering the cost of the
wetland replacement should also be provided.
Recommendation
It is recommended that the City Council approve Resolution No. 98-
granting final plat approval with the following conditions:
A DEVELOPERS AGREEMENT BE PREPARED AND EXECUTED OUTLINING THE
TERMS AND CONDITIONS OF APPROVAL.
A PLANNED UNIT DEVELOPMENT AGREEMENT IS PREPARED AND
EXECUTED.
SURFACE WATER MANAGEMENT FEE BE PAID PRIOR TO RELEASING THE PLAT
FOR RECORDING.
THE BOUNDARIES OF THE PLAT BE REVISED TO SHOW THE PROPERTY OWNED
BY THE APPLICANT.
THE NECESSARY DRAINAGE AND UTILITY EASEMENTS BE DEDICATED ON THE
PLAT AS REQUIRED BY THE CITY.
6. THE UPA POWER LINE EASEMENT BE SHOWN ON THE PLAT.
7. ALL THE COMMENTS OF THE CITY ENGINEER BE ADDRESSED.
ALL APPROPRIATE WETLAND PERMITS MUST BE OBTAINED PRIOR TO
COMMENCING WORK ON THE SITE.
9. THE CARGILL EASEMENT BE RESOLVED IN FAVOR OF THE APPLICANT.
\ \elkriver\sys\shrdoc\planning\scott\p9710fcc.doc
Memo to Mayor and City CounciYP 97-10
January 20, 1998
Page 3
10. THE EASEMENT VACATION REQUEST THAT THE CITY VACATE THE 16 FOOT
CARTWAY EASEMENT ALONG 171ST AVENUE SHALL BE FILED WITH THE
COUNTY PRIOR TO RECORDING THE FINAL PLAT.
11. AN NPDES PERMIT WILL BE REQUIRED PRIOR TO GRADING ON THE SITE.
12.
CLOSING OF THE RAILROAD CROSSING BE DONE PRIOR TO ISSUANCE OF
A BUILDING PERMIT.
13.
RESTRICTIVE COVENANTS BE PUT IN PLACE OVER THE WETLANDS AND THE
BUFFER AREA. THESE SHALL BE COMPLETED AND RECORDED ALONG WITH
THE PLAT.
'14.
A BOND COVERING THE COST OF THE WETLAND REPLACEMENT IS REQUIRED
AND SHALL BE MADE PART OF THE DEVELOPERS AGREEMENT.
'15.
THE PURCHASE OF THE 6,000 SQUARE FEET OF PROPERTY FROM THE CITY
SHALL BE FILED WITH THE COUNTY PRIOR TO RECORDING THE PLAT.
fi\shrdoc\planning\scott\p97 lOfcc.doc
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13065 Orono Parkway · P.O. Box 4-90
Elk River. MN.~-00;;~"
ZONING
MAP
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VICINITY MAP ·
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WAY L.II4[S AS SHOWN ON ~ PI.AT.
RESOLUTION NO. 98 -
CITY OF ELK RIVER
A RESOLUTION GRANTING FINAL PLAT APPROVAL FOR:
MORRELL ADDITION
Case No. P 97-10
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 16, 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:
Ao
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.
Fo
The proposed subdivision will not conflict with easements of record
or with easements established by judgment of a court.
Go
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 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:
\\elkriver\sysXshrdoc\document\resoluti\p97- lO.doc
WHEREUPON the resolution is adopted.
Passed and adopted this __. day of
,1998.
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 ,1998.
WITNESS my hand officially as such Clerk and the corporate seal of the
City this ~ day of ,1998.
Sandra Thackeray, City Clerk
STATE OF MINNESOTA
SS.
COUNTY OF SHERBURNE
The foregoing instrument was acknowledged before me this __
, 1998, by Henry Duitsman, Mayor, City of
Minnesota.
Elk
day of
River,
Notary Public
\\elkriver\sys\shrdoc\document\resolutikp97- lO.doc
STATE OF MINNESOTA
SS.
COUNTY OF SHERBURNE
The foregoing instrument was acknowledged before me this __
~, 1998, 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
\\elkriver\syskshrdoc\document\resoluti\p97- lO.doc
EXHIBIT A
"~¢'eine~er ¢;3~eeo'lt~, thence ~ a dt~ance o¢ 134.15 fee(, along a ~ ctJrve concave to the NorllMcm, having a raclitm of 480.8g
\\elkriver\sys\shrdoc\document\resoluti\p97- lO.doc
11.
12.
13.
14.
15.
EXHIBIT B
A DEVELOPERS AGREEMENT BE PREPARED AND EXECUTED OUTLINING THE TERMS
AND CONDITIONS OF APPROVAL.
A PLANNED UNIT DEVELOPMENT AGREEMENT IS PREPARED AND
EXECUTED.
SURFACE WATER MANAGEMENT FEE BE PAID PRIOR TO RELEASING THE PLAT FOR
RECORDING.
THE BOUNDARIES OF THE PLAT BE REVISED TO SHOW THE PROPERTY OWNED BY THE
APPLICANT.
THE NECESSARY DRAINAGE AND UTILITY EASEMENTS BE DEDICATED ON THE PLAT AS
REQUIRED BY THE CITY.
THE UPA POWER LINE EASEMENT BE SHOWN ON THE PLAT.
ALL THE COMMENTS OF THE CITY ENGINEER BE ADDRESSED.
ALL APPROPRIATE WETLAND PERMITS MUST BE OBTAINED PRIOR TO
COMMENCING WORK ON THE SITE.
THE CARGILL EASEMENT BE RESOLVED IN FAVOR OF THE APPLICANT.
THE EASEMENT VACATION REQUEST THAT THE CITY VACATE THE 16 FOOT
CARTWAY EASEMENT ALONG 171ST AVENUE SHALL BE FILED WITH THE
COUNTY PRIOR TO RECORDING THE FINAL PLAT.
AN NPDES PERMIT WILL BE REQUIRED PRIOR TO GRADING ON THE SITE.
CLOSING OF THE RAILROAD CROSSING BE DONE PRIOR TO ISSUANCE OF
A BUILDING PERMIT.
RESTRICTIVE COVENANTS BE PUT IN PLACE OVER THE WETLANDS AND THE BUFFER
AREA. THESE SHALL BE COMPLETED AND RECORDED ALONG WITH THE PLAT.
A BOND COVERING THE COST OF THE WETLAND REPLACEMENT IS REQUIRED AND
SHALL BE MADE PART OF THE DEVELOPERS AGREEMENT.
THE PURCHASE OF THE 6,000 SQUARE FEET OF PROPERTY FROM THE CITY SHALL BE
FILED WITH THE COUNTY PRIOR TO RECORDING THE PLAT.
f:\shrdocXdocument\resoluti\p97-1O.doc