6.14. SR 03-16-1998ity of
iver
Item #6.14.
MEMORANDUM
TO:
FROM:
DATE:
Mayor & City Council
Scott Harlicker, Planning Assistant~~
March 16, 1998
SUBJECT:
City of Elk River Request for
Preliminary and Final Plat Approval,
Public Hearing Case No. P 95-4
Request
The City of Elk River is requesting preliminary and final plat approval to plat a
3 acre parcel into one commercial lot and one outlot.
Location
The property is located at the northwest corner of Highway 169 and 193ra
Avenue.
Zoning/Land Use
C4 (Neighborhood Commercial) / CC (Community Commercial)
Attachments
Location map
Preliminary plat
Resolution No. 98-
Revised plat
Concept plan
Overview
The plat involves a 3 acre parcel located at the northwest corner of Highway 169
and 193ra Avenue, and is also bordered by Holt Avenue on the west. The property
extends north of 193ra along Holt and Highway 169 to approximately 194th
Avenue alignment. The parcel is triangular shaped and is not conducive to full
development given the narrowness at the north end, the stand of mature pine
trees and existing utilities. However, the parcel does have about 1.5 acres of
developable area at the corner of 193rd, Holt Avenue and Highway 169.
13065 Orono Parkway · P.O. Box 490 · Elk River, MN 55330 · TDD & Phone: (612) 441-7420 · Fax: (612) 441-7425
The plat along with a request for rezoning and a land use plan amendment was
originally presented to the Planning Commission back in August 1995. The
rezoning to C4 and the land use amendment to CC were eventually approved;
however, application for the preliminary plat was withdrawn because of title
problems that had to be clarified. Since that time the title problems have been
have been cleared up and the parcel is able to be platted.
Utilities
There is a 15 foot utility easement proposed across the south end of the parcel.
Elk River Municipal Utilities has indicated that there is a question about the
exact location of the electric lines in that area. They suggested that the location
of the line be field verified and the proposed utility easement be adjusted if
needed. There is also a pole guide that is located outside the proposed utility
easement along Holt Avenue near the intersection with 193fa. Like the electric
line, the location of the guide should be verified and the easement adjusted if
needed to include the pole guide.
Sewer and Water
The property is located within the urban service area and municipal sewer and
water will be extended to the site. The likely location for services would come
across 193ra from Elk Park Center. The water service will eventually be extended
down 193~a to tie in with the Cottages of Elk River. A drainage and utility
easement is shown along Holt Avenue that will allow for the extension of sewer
and water to Outlot A of the Brentwood Subdivision, which is also within the
urban service area.
Access
Access to the site will be from Holt Avenue. The plat was sent to MNDOT for
their review and comments. They agreed that access to the site should be served
from Holt Avenue. They also expressed concern that the trees on the north end of
the site be preserved.
Concept Plan
The attached concept plans show possible development scenarios for this site, an
8,000 office building, a 6,000 square foot retail center and a 4,500 square foot
restaurant. Access on all three plans is off of Holt Street and is aligned with
193~a Avenue. The plans preserve as many trees as possible with parking on the
south end of the site and the buildings tucked in just to the south of the trees.
Planning Commission Meetin~
At the Planning Commission meeting held on February 24, 1998, no one spoke at
the public hearing. The Planning Commission requested the north end of the
plat, including the pine trees, be made an outlot. This was done in order to
preserve the pine trees. The plat under consideration at this time does not
include that area as an outlot. Preservation of the trees could be accomplished by
way of a condition included as part of the plat approval. Since the city will have
ownership of the lot, we can ensure, through the development review process,
that development of the parcel will preserve as many trees as possible.
Outlot A, as shown on this plat, consists of a small triangular piece at the
northern tip of the plat. It will go to the adjacent property owner who has
claimed an interest through torrens proceedings to clear title. Should the Council
decide to reconfigure the plat so the pine trees are included in an outlot, the plat
could be amended to reflect that.
Recommendation
The Planning Commission and staff recommend the City Council approve this
preliminary plat and Resolution No. 98- granting final plat approval with
the following conditions:
FIELD VERIFY THE LOCATION OF THE ELECTRIC LINE ACROSS THE SOUTHERN PORTION OF
THE PLAT AND THE LOCATION OF THE GUIDE FOR THE UTILITY POLE LOCATED ON HOLT
AVENUE NEAR THE INTERSECTION WITH 193R° AND ADJUST THE UTILITY EASEMENTS TO
INCLUDE THEM IF NEEDED.
2. ACCESS TO THE LOT WILL BE FROM HOLT AVENUE ONLY.
3. THE EXISTING TREES SHALL BE PRESERVED AS MUCH AS POSSIBLE.
4. PARK DEDICATION FEE IN THE AMOUNT OF $2000.00 PER ACRE BE PAID PRIOR TO
RECORDING THE FINAL PLAT.
5. SURFACE WATER MANAGEMENT FEE IN THE AMOUNT OF 5826.10 PER ACRE BE PAID PRIOR
TO RECORDING THE FINAL PLAT.
6. PAYMENT OF WATER AVAILABILITY CHARGE BE PAID PRIOR TO RELEASING THE FINAL
PLAT FOR RECORDING.
A seventh condition, to include the pines trees as part of an outlot, could be
added and read as follows:
7. THE PLAT BE RECONFIGURED TO INCLUDE AN OUTLOT B WHICH WOULD EXTEND SOUTH OF
OULTOT A TO THE EXISTING PINE TREES.
(File,)
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Elk River..~iN 55_"_:0
LOCATION
MAP
CASE:
I
~3u~n~ LINE OF ~.~ ~E 1/4
OF 11.1[ NW 1/4 OF c~C~ON 27'-'"'~1
DESCRIPTION OF PROPERTY
demogptlo~ d the I~r~, eP. uot~l b ~ ~nty. M~to, Is ~ ~o~;
t~ot~
./
IR'vlN G ' STREET
GP~,PI~C SCALE IN FEET
o ,o* ~
HW/NO. 169
LIN[
OF EAST UN~ OF THE ~E 1/4
~C*l~O~ 27 ~ ~ NW 1/4 ~ ~C~ 27
· DMmOt~ Iron rmnm?w~ t(mn(i
o Dem~e d,__,,~:fe_._l Landnmrk SM
The North I~ of Nor~ Quartlr M Slction 27.
DRAINAGE: AND UTIUTY EA..~:MEN'I~ S~OMq THUS :
LOT 1. BLOCK I - 127,9~ 8F (2.94 AC)
OU'n. OT A -
BEING 10 FEET IN MD~ AND ADJOINING LOT LN'4E~
./
RESOLUTION NO. 98 -
CITY OF ELK RIVER
A RESOLUTION GRANTING FINAL PLAT APPROVAL FOR:
ELK RIVER ADDITION
Case No. P 95-4
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,
referred to the
the application for preliminary plat approval has been
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 March 16, 1998; 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.
Co
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.
Eo
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.
°
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.
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.
°
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:
Page 2
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
Page 3
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
Page 4
EXHIBIT A
That part of the Southeast Quarter of the Northwest Quarter of Section 27,
Township 33 North, Range 26 West, Sherburne County, Minnesota, that lies
easterly of the easterly line of Holt Street Northwest and its southwesterly
extension as dedicated in the recorded plat of RIDGEWOOD EAST #RD
ADDITION in the files of the Sherburne County Recorder and which lies easterly
of the easterly line of Lot 4, Block 3 in said plat and which lies westerly of Line 1
described below:
Line 1: Beginning at the point of intersection of the east and west quarter line of
said Section 27 and a line run parallel with and distant 190 feet westerly of Line
2 described below; thence run northerly at right angles to said east and west
quarter line for 50 feet; thence run northeasterly to a point on a line run parallel
with and distant 100 feet westerly of said Line 2, distant 150 feet northerly of its
intersection with said east and west quarter line; thence run northerly along said
100 foot parallel line for 1200 feet and there terminating;
Line 2: Beginning at a point on the south line of said Section 27, distance 612.2
feet east of the south quarter corner thereof; thence run northwesterly at an
angle of 73 degrees 16 minutes 00 seconds with said south section line for
2313.40 feet; thence deflect to the right at an angle of 21 degrees 26 minutes 00
seconds for 2000 feet and there terminating.
Page 5
EXHIBIT B
FIELD VERIFY THE LOCATION OF THE ELECTRIC LINE ACROSS THE SOUTHERN PORTION OF
THE PLAT AND THE LOCATION OF THE GUIDE FOR THE UTILITY POLE LOCATED ON HOLT
AVENUE NEAR THE INTERSECTION WITH 193RD AND ADJUST THE UTILITY EASEMENTS TO
INCLUDE THEM IF NEEDED.
ACCESS TO THE LOT WILL BE FROM HOLT AVENUE ONLY.
THE EXISTING TREES SHALL BE PRESERVED AS MUCH AS POSSIBLE.
PARK DEDICATION FEE IN THE AMOUNT OF $2000.00 PER ACRE BE PAID PRIOR TO
RECORDING THE FINAL PLAT.
SURFACE WATER MANAGEMENT FEE IN THE AMOUNT OF $826.10 PER ACRE BE PAID
PRIOR TO RECORDING THE FINAL PLAT.
PAYMENT OF WATER AVAILABILITY CHARGE BE PAID PRIOR TO RELEASING THE FINAL
PLAT FOR RECORDING.
THE PLAT BE RECONFIGURED TO INCLUDE AN OUTLOT B WHICH WOULD EXTEND SOUTH
OF OULTOT A TO THE EXISTING PINE TREES.
Page 6
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"' REVISE -
CENTER OF EAST LINE OF THE SE 1/4
SECTION 27 OF THE NW ]/4 OF SECTION 27
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