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6.4. SR 05-17-2004l iver Item # 6.4. MEMORANDUM TO: FROM: DATE: SUBJECT: Mayor and City Council Scott Harlicker, Senior Planne, r~' May 17, 2004 Case No. P 03-16 Request by Morcon Real Estate and Development for Final Plat Request Consider a request by Morcon Real Estate and Development for final plat approval of Elk Ridge Center Location Southwest corner of Highway 169 and 197th Avenue, east of Irving Avenue Zonin.q/Land Use PUD (Planned Unit Development)/HB (Highway Business) Attachments Location map Final Plat · Preliminary Plat · Memo from the City Engineer · Resolution No. 04- Memo to Mayor & City Council/P 03-16 May 17, 2004 Page 2 Overview On February 9, 2004 the Council approved the preliminary plat for Elk Ridge Center. The preliminary plat included 7 commercial lots and the right-of-way for Holt Street from 194m Avenue to 197th Avenue. The final plat includes platting the right-of-way for Holt Street and platting the commercial lots as seven outlots. The street layout is consistent with the approved preliminary plat. The ouflots will be subject to final plat approval as they are developed. Park dedication fees will be due as each of the outlots are platted. Recommendation Staff recommends that the City Council approve the attached Resolution No.04- granting final plat approval for Elk Ridge Center with the following conditions: A DEVELOPERS AGREEMENT BE PREPARED AND EXECUTED OUTLINING THE TERMS AND CONDITIONS OF THE PLAT APPROVAL AND INSTALLATION OF IMPROVEMENTS PRIOR TO RELEASING THE PLAT FOR RECORDING. 1. A PLANNED UNIT DEVELOPMENT AGREEMENT BE PREPARED AND EXECUTED PRIOR TO RELEASING THE PLAT FOR RECORDING. 2. A LETTER OF CREDIT BE PROVIDED TO THE CITY IN THE AMOUNT OF 100% OF THE COSTS OF PUBLIC IMPROVEMENTS. UPON COMPLETING ALL OF THE IMPROVEMENTS AND HAVING THEM ACCEPTED BY THE CITY, A WARRANTY BOND IN THE AMOUNT OF 25% OF THE IMPROVEMENT COSTS SHALL BE SUBMITTED TO THE CITY FOR A ONE YEAR PERIOD. SURFACE WATER MANAGEMENT FEE IN THE AMOUNT REQUIRED BY THE CITY AT THE TIME OF FINAL PLAT BE PAID PRIOR TO RELEASING THE PLAT FOR RECORDING. SEALCOAT FEE IN THE AMOUNT TO BE DETERMINED BY THE CITY ENGINEER BE PAID TO THE CITY PRIOR TO RELEASING THE PLAT FOR RECORDING. 6. THE NECESSARY DRAINAGE AND UTILITY EASEMENTS BE DEDICATED ON THE PLAT AS REQUIRED BY THE CITY. 7. ALL COMMENTS OF THE CITY ENGINEER BE ADDRESSED. 8. ALL APPROPRIATE WETLAND PERMITS MUST BE. OBTAINED PRIOR TO COMMENCING WORK ON THE SITE. o GRADING AND EROSION CONTROL PLAN AND DVELOPMENT PLAN BE SUBMITTED AND APPROVEDBY THE CITY ENGINEER PRIOR TO THE ISSUANCE OF BUILDING PERMITS. S:\PLANNING\Case Files\2003\P 03-16 Elk Ridge Center\P03-16finalcc5-17.doc Memo to Mayor & City Council/P 03-16 May 17, 2004 Page 3 10. ALL GRADING WILL NEED TO BE CERTIFIED PRIOR TO THE ISSUANCE OF BUILDING PERMITS. 11. STREET LIGHTS SHALL BE INSTALLED AS RECOMMENDED BY ELK RIVER MUNICIPLAL UTILTIIES. 12. PARK DEDICATION FEES BE PAID PRIOR TO RELEASING THE PLAT FOR RECORDING. 13. APPROPRIATE CROSS ACCESS EASEMENTS SHALL BE APPROVED BY THE CITY AND RECORDED WITH THE PLAT. 14. A TREE PRESERVATION PLAN BE APPROVED PRIOR TO RELEASING THE PLAT FOR RECORDING. 15. ANY TREES OFF SITE OR ON SITE, NEAR THE LIMIT OF GRADING THAT ARE TO BE PRESERVED, SHALL BE FENCED WITH A SNOW FENCE AT THE DRIP LINE TO PREVENT GRADING, COMPACTION, OR STORAGE OF EQUIPMENT, DEBRIS OR MATERIALS. STAFF SHALL INSPECT FENCING PRIOR TO CLEARING OR GRADING COMMENCING. 16. ALL NECESSARY TRUNK SANITARY AND WATER ASSESSMENTS , AND LATERAL WATER ASSESSMENTS BE PAID PRIOR TO RELEASING THE PLAT FOR RECORDING. S:\PLANNING\Case Files\2003kP 03-16 Elk Ridge Center\P03-16finalcc5-17.doc TRAILS LEGEND EXISTING SIDEWALK FUTURE SIDEWALK EXISTING PAVED TRAIL FUTURE PAVED TRAIL FUTURE TRAIL FUTURE WIDENED SHOULDER SITE RIDCEWOOD PARK Case Number: Location Map LU 03.04; ZC 03-07; CU 03-36; P03-16 N MORCON Howard R, Green Qompany May 10, 2004 File: 821790J-0240 Mr. Scott Harlicker Senior Planner City of Elk River 13065 Orono Parkway Elk River, MN 55330 RE: ELK RIDGE CENTER FINAL PLAT AND EASEMENT VACATION Dear Mr. Hadicker: As requested, we have reviewed the proposed easement vacations and final plat for the Elk Ridge Center development. As you are aware, this is the development located on Outlot A of the Brentwood subdivision. Schoell and Madson, Inc., prepared the documents we reviewed. Based on our review, we would offer the following comments: 1. The easement vacations requested are drainage and utility easements provided as part of the Brentwood Addition plat, drainage and utility easements provided as part of the Ridgewood East 3rd Addition plat, and a drainage easement along the south frontage of 197th Avenue. The larger drainage and utility easements used for actual storm water drainage off of the perimeter City streets will be re-granted through the final plat. The two conditions we would suggest as part of granting the easement vacations are that the applicant ensure that there are no small utility uses for the perimeter drainage and utility easements requested for vacation, and the final plat be recorded to rededicate the drainage and utility easements needed for storm drainage. 2. The final plat of Elk Ridge Center proposes to divide the property into seven outlots while providing the public rights-of-way for Holt Street and the realignment of 197~ Avenue. Obviously, as each outlot begins to develop into a commercial establishment, it will need to be replatted. The two conditions we would recommend for the approval of the final plat are that the drainage and utility easements around the perimeter of the site and along the street rights-of-way be dedicated on the this final plat, even though the lots that these drainage and utility easements would be over are currently outlots. Holt -Street may be built before all of the outlots are replatted, and those drainage and utility easements along the frontage and perimeters may be necessary for the small utilities and/or other planned improvements. Secondly, access control should be granted along the TH 169 frontage as part of this plat. If you have any questions regarding comments on either of these issues, please call. Sincerely, Howard R. Green Company Terry J. Maurer, P.E. TJM:sw Ltr-051004-Harlicker.doc 2550 University Avenue West · Suite 400N · St. Paul, MN 55114 · 651/644-4389 fax 651/644-9446 toll free 888/368-4389 RESOLUTION NO. 04 - CITY OF ELK RIVER A RESOLUTION GRANTING FINAL PLAT APPROVAL FOR: Elk Ridge Center Case No. P 03-16 WHEREAS, apphcation 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 February 9, 2004; 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: A. The proposed subdivision is consistent with the Zoning Ordinance and conforms with all of its requirements. B. The proposed subdivision is consistent with all applicable general specialized city, county, and regional plans including, but not limited to, Comprehensive Development Plan. and the City's 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 storm drainage, sewage transportation, erosion control and all other facilities and improvements otherwise required herein. services, 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. 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: WHEREUPON the resolution is adopted. Passed and adopted this 17~h day of May, 2004. Stephanie Klinzing, Mayor S:\PLANNING\Case Files~2003\P 03-16 Elk Ridge Center~D03-16resolutiion.doc Page 2 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 2004. WITNESS my hand officially as such Clerk and the corporate seal of the City this __ day of ., 2004. STATE OF MINNESOTA SS. COUNTY OF SHERBURNE Joan Schmidt, City Clerk acknowledged before me this The foregoing instrument was ., 2004, by Stepharfie Klinzing, Mayor, City of Elk River, Minnesota. day of Notary Public STATE oF MINNESOTA SS. COUNTY OF SHERBURNE The foregoing instrument was acknowledged before me this ., 2004, by Joan Schmidt, City Clerk, City of Elk River, Minnesota. day of Notary Public S:\PLANNING\Case Files~003\P 03-16 Elk Ridge Center~P03-16resolutiion.doc Page 3 EXHIBIT A Legal Description: Outlot A, Brentwood, according to the recorded plat thereof, Sherburne County, Minnestoa and Lots 3 and 4, Block 3, Ridgewood East 3ra Addition, according to the recorded plat thereof, Sherburne County, Minnestoa S:~PLANNING\Case Files~2003\P 03-16 Elk Ridge Center~P03-16resolutiion.doc Page 4 EXHIBIT B Conditions: A developers agreement be prepared and executed outlining the terms and conditions of the plat approval and installation of improvements prior to releasing the plat for recording. 2. A planned unit development agreement be prepared and executed prior to releasing the plat for recording. 3. A letter of credit be provided to the city in the amount of 100% of the costs of public improvements. Upon completing all of the improvements and having them accepted by the city, a warranty bond in the amount of 25% of the improvement costs shall be submitted to the city for a one year period. 5. Surface water management fee in the amount required by the city at the time of final plat be paid prior to releasing the plat for recording. 6. Sealcoat fee in the amount to be determined by the city engineer be paid to the city prior to releasing the plat for recording. 7. The necessary drainage and utility easements be dedicated on the plat as required by the city. 8. All comments of the City Engineer be addressed. 9. All appropriate wetland permits must be obtained prior to commencing work on the site. 10. Grading and erosion control plan and dvelopment plan be submitted and approvedby the city engineer prior to the issuance of building permits. 11. All grading will need to be certified prior to the issuance of building permits. 12. Street lights shall be installed as recommended by elk river municiplal utiltiies. 13. park dedication fees be paid prior to releasing the plat for recording. 14. Appropriate cross access easements shall be approved by the city and recorded with the plat. 15. a tree preservation plan be approved prior to releasing the plat for recording. 16. Any trees off site or on site, near the limit of grading that are to be preserved, shall be fenced with a snow fence at the drip line to prevent grading, compaction, or storage of equipment, debris or materials. Staff shall inspect fencing prior to clearing or grading commencing. S:\PLANNING\Case Files~003\P 03-16 Elk Ridge Center~P03-16resolutiion.doc Page 5 16. All necessary trunk sanitary and water assessments, and lateral water assessments be paid prior to releasing the plat for recording. S:\PLANNING\Case Files~003\P 03-16 Elk Ridge Center~P03-16resolutiion.doc Page 6 ELK RIDGE CENTER N 89°27'21" E ,j OUTLOT B ISEE SHEET 3 OF 41 L-~ ,~ -~ - S-04°1.3 '~6 "-W ..... 1528.77 HOLT STREET OUTLOT C OUTLOT D ISEE SHEET 4JOF 4] OUTLOT E SOO°OO'00"E 157.29 .~ L=75.50 ' R=5679.58 ~- 0'45'42" \ ~ ~04°08'5~',~ i:',,.i!. ;- (SCALE IN FEET ) SCHOELL & MADSON, INC. ENGINEERS * SURVEYORS * PLANNERS SOIL TESTING * ENVIRONMENTAL SERVICES SHEET 2 OF 4 SHEETS N 89°27'21" 5 .-,( 1205 ~ "~ ELK RIDGE CENTER OUTLOT A N10°0£ OUTLOT B 34~76 N04'h 3'36"E S 04°13'56,. W 732~,71 ~ ~ N.W. ~/ ~ 100 0 50 100 tOO ($CALg IN rggT ) SCHOELL & MADSON, INC. ENGINEERS * SURVEYORS * PLANNERS SOIL TESTING * ENVIRONMENTAL SERVICES SHEET 3 OF 4 SHEETS ELK RIDGE CENTER 04'13'36 : ~ OUTLOT O ~.~-~ / ~/ Jo~j % UTIUTY EASEMENT , I [ ~ 272.65 4~3 ~0,00 SO0~O'O0"E t ,~ _ (SCALE IN FEET ) SCHOELL & MADSON, INC. ENGINEERS * SURVEYORS * PLANNERS SOIL TESTING * ENVIRONMENTAL SERVICES SHEET 4 OF 4 SHEETS U.S. HWY 169 PARKING CALCULATIONS RE~AINING LOCATIONUSE GROSS S.F. MIN. PARKING REQ. = # OF STALLS BLOC~ 1 REQUIRED ACCESSIBLE LOT 1 COMMERCIAL3.616 1/200 S.F. 18 STALLS (2% OF TOTAL} (BANK) BLOCK 2 540X .O2 = 11 LOT 1 RETAIL 23,375 1/21~ S.F. 117 TOTAL ACCESSIBLE LOT 2 RETAIL 18,CO0 1/200 S.F. ~0 STALLS PROVIDED 26 LOT 3 RESTAURANT7.000 11100 S.F. 70I INCLUDING 5 VAN (CLASS 1) I ACCESSIBLE LOT 4 RETAIL 15~7 1/200 S.F. 76 LOT 5 RESTAURANT 4,5O0 111~ S.F. ~ 537 (C~ASS l) TOTAL STALLS REQUIRED TOTAL PROVIDED LOT 6 RETAIL 24,1~ lt200 S.F. 121 540 )DEVELOPMENT NOTF. S ~ NO S C,N..E Imaa~ DUN~DDIE ELK RIDGE CENTER PUD Rezoning & Development Plan 197th Avenue N.W. OT.H. 169 Elk River, Minnesota PRELIMINARY DEVELOPMENT PLAN A-1