8.4. SR 04-07-2014 City of
Elk Request for Action
River
To Item Number
Mayor and City Council 8.4
Agenda Section Meeting Date Prepared by
General Business January 21, 2014 erem Barnhart,Deputy Director, CODD
Item Description Reviewed by
Resolution for Final Plat: Aggregate Commercial Cal Portner, City Administrator
2nd Addition Reviewed by
Action Requested
Adopt,by motion,the resolution approving the final plat with the following conditions:
1. Access control shall be dedicated from Lot 1,Block 1.
2. No increase in storm water onto MnDOT right of way
3. Any access to Highway 169 shall be approved by MnDOT.
4. Except for the north 100' of the west property line of Lot 1 Block 1, as indicated on the plat,
Highway 169 access to and from the plat shall be limited to Oudot C.
5. A variance (V13-10) will need to be recorded prior to the plat being recorded.
6. The development shall meet all applicable fire codes.
7. A wetland buffer of 25 feet applies to all wetlands and a structure setback of 20 feet from the
buffer applies. An exhibit shall be prepared and included in the literature provided to potential
buyers.
8. Wetland boundaries shall be posted in a manner acceptable to the city.
9. A 25-foot easement adjacent to the outside edge of delineated wetlands to note,preserve and
protect the required no-touch buffer.
10. A NPDES permit is required prior to final approval of construction drawings.
11. All required subdivision/park information shall be provided in an electronic format (.dwg file)
as required by city ordinance and land use application prior to recording of the plat.
12. This approval of the preliminary plat shall expire after 1 year, unless the property owner or
owner's agent has submitted a final plat or letter of request for extension.
13. Necessary drainage and utility easements shall be dedicated on the plat as required by the city.
14. Grading and erosion control plan and development plan be submitted and approved by the city
engineer prior to the issuance of building permits.
Background/Discussion
On January 21, 2014, the City Council approved the preliminary plat for the subject property,with 16
conditions. Two of the conditions noted the payment of fees associated with the buildable lot included in
the proposed plat. At that time,the developer was uncomfortable with the prescribed park dedication
requirements.
Since then,the developer has removed the buildable parcel from the plat,which differentiates the revised
final plat from the preliminary plat.
P a w E A E U s r
NaA f RE]
While it includes only outlots,the plat is beneficial for the owners,the city,and MnDOT as it facilitates
accepted access locations for MnDOT,provides for land transfer for the same, and clarifies lot
boundaries for future sales.
Every lot will need to be re-platted to facilitate development.
Financial Impact
None
Attachments
• Final Plat
• MnDOT letter
• Resolution
N:\Public Bodies\Agenda Packets\04-07-2014\x8.5 sr Aggregate Commercial 2nd Final Platdocx
. I
___---- ----rte
.10
08
0125
- N.08
_N00°5230"W 962.60 00— N 0175 t3°W
o e a
_ v .
i� \% N 00 02'13"4V 1000.00 "
--- 0213 E39�o — f _ — _ —
- OUTLOT
J J S 00°1 T28"W 998.46 C^�1
V J
I
I
- I
I
= I -
I ^
I -
• I
I
z - I
Tm
I /v
I
� p ^
I r �
",I O
el �
z
I
dl
I
'I D
°I
_ I
I
I
I
O
I
7
Z
I
I
I
I
S �
S 00'08'09"E 1316.83 S 00°15'39"E 1319.47
C C W 0
z
n<
cmcm
2 �
< z
Do��""ESO,gyo Minnesota Department of Transportation
District 3
yQ� 7694 Industrial Park Road Office Phone: 218-828-5700
OF TV% Baxter, MN 56425 Fax: 218-828-5814 '.....
January 29,2014
Ms. Debbie Huebner
Community Development Assistant
City of Elk River
13065 Orono Parkway
Elk River,MN 55330
RE: C.S. 7106; R.P. 163.224 and 163.340 (TH 169)
Preliminary Plat for Aggregate Commercial 2nd Addition
Sherburne County,Minnesota(City of Elk River)
Dear Ms. Huebner:
The Minnesota Department of Transportation(MnDOT)has reviewed the above-referenced plat in
compliance with the provisions of Minnesota Statutes 505.03,Plats and Surveys. MnDOT would like to
offer the following comments/recommendations:
1. The entrance at 217"'Avenue will remain with limited access (e.g.,Right-In/Right-Out)as per the
present conditions. Accordingly,we recommend acceleration lanes be constructed in the south-
bound direction of U.S. Highway 169 at 215th Avenue to accommodate the heavy commercial
vehicles hauling sand and gravel from the site. Construction of these lanes will be provided at no
cost to MnDOT as they were previously negotiated as part of a recent road improvement to U.S.
Highway 169.
2. There shall be no net increase in storm water runoff to the U.S. Highway 169 right of way from said
property. Computations of all storm water directed toward the right of way shall be provided to
MnDOT. Contact Bob Nibbe,District 3 Hydraulics Engineer at 218/828-5792 for additional
information.
3. Since property abuts the trunk highway, a permit is required to perform any work in the trunk
highway right of way. Contact Mark Renn,District 3 Permits Supervisor at 320/223-6522 for
additional information.
If you have any further questions or comments,please call me at 218/828-5779.
Sincerely,
eenJVo
District Plaing Director
min
cc: D3 Entrance Group(electronic)
Justin Femrite, City of Elk River(electronic)
Rhonda Lewis, Sherburne County(electronic)
An Equal Opportunity Employer
COINED
City of
Elk
River
Resolution 14-
A Resolution of the City of Elk River Granting Final Plat Approval for
Aggregate Commercial 2"d Case No. P 13-04
WHEREAS, an application has been made for final plat approval,pursuant to Section 30-
374 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 21, 2014; and
WHEREAS, the proposed final plat is generally consistent with the preliminary plat as
approved by the City Council; and
WHEREAS, the proposed final plat complies with each of the applicable conditions set
forth by the City Council in its approval of the preliminary plat of The Property;
NOW, THEREFORE, BE IT RESOLVED
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 to 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.
F0WIRIO 0 Y
1`4 U
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 one year from the date of this resolution if the
final plat is not recorded within that time.
Passed and adopted this 7"'day of April 2014.
John J. Dietz,Mayor
ATTEST:
Tina Allard, City Clerk
P O W E R E D 0 Y
1`4 U
EXHIBIT A
LEGAL DESCRIPTION
Outlot C,Aggregate Commercial.
The North Half of the Southeast Quarter of Section 10,Township 33, Range 26, Sherburne,
County,Minnesota.
All that part of the East Half of the Southwest Quarter of Section 10,Township 33 North,
Range 26 West, described as follows:
Commencing at the Northeast corner of the Southeast Quarter of the Northwest Quarter
of said Section 10; thence South (assumed bearing) along the North and South Quarter
line of said Section 10, a distance of 2,099.40 feet for point of beginning;thence continue
South on said Quarter line a distance of 547.81 feet,thence North 87 degrees 50 minutes
27 seconds West a distance of 409.35 feet to the Easterly right-of-way line of S.T.H. No.
169; thence North 08 degrees 46 minutes West along said right-of-way line a distance of
362.60 feet; thence North 89 degrees 30 minutes East a distance of 66.69 feet; thence
North 08 degrees 46 minutes West a distance of 171.75 feet; thence North 89 degrees 30
minutes East a distance of 423.83 feet to the point of beginning.
P O W E R E D 0 Y
1`4 U
EXHIBIT B
CONDITIONS OF APPROVAL
Approve by resolution the final plat for Aggregate Commercial 2nd, subject to the following
conditions.
1. Access control shall be dedicated from Lot 1, Block 1.
2. No increase in storm water onto MnDOT right of way
3. Any access to Highway 169 shall be approved by MnDOT.
4. Except for the north 100' of the west property line of Lot 1 Block 1, as indicated on the
plat, Highway 169 access to and from the plat shall be limited to Outlot C.
5. A variance (V13-10) will need to be recorded prior to the plat being recorded.
6. The development shall meet all applicable fire codes.
7. A wetland buffer of 25 feet applies to all wetlands and a structure setback of 20 feet
from the buffer applies. An exhibit shall be prepared and included in the literature
provided to potential buyers.
8. Wetland boundaries shall be posted in a manner acceptable to the city.
9. A 25-foot easement adjacent to the outside edge of delineated wetlands to note,
preserve and protect the required no-touch buffer.
10. A NPDES permit is required prior to final approval of construction drawings.
11. All required subdivision/park information shall be provided in an electronic format
(.dwg file) as required by the city ordinance and land use application prior to
recording of the plat.
12. This approval of the preliminary plat shall expire after 1 year, unless the property
owner or owner's agent has submitted a final flat or letter of request for extension.
13. The necessary drainage and utility easements shall be dedicated on the plat as
required by the city.
14. Grading and erosion control plan and development plan be submitted and approved
by the city engineer prior to the issuance of building permits.
a.
P O W E R E D 0 Y
1`4 f U