6.1. SR 05-15-2000~ity of
River
Item # 6.1
TO:
FROM:
DATE:
SUBJECT:
Mayor and City Council
Stephen Wensman, Planner//~
May 15, 2000
Request by Ron Wald for Final Plat of Mulvaney Point,
Case No. P 00-2
Request
Ron Wald is requesting final plat approval to subdivide a 21.59-acre parcel in the
Business Park zoning district into 4 lots.
Location
11119 181st Avenue NW, that part of the SW ¼ of Section 35, Township 33, Range
26. General location: northeast corner of the intersection of County Roads 12 and
13.
Zoning/Land Use
BP (Business Park) / LI (Light Industrial)
Attachments
· Location map
· Final Plat
· Memo from City Engineer, dated May 10, 2000
· Resolution 00-
Overview
The applicant received preliminary plat on March 20, 2000 for a subdivision of a
21.59-acre parcel in the Business Park zoning district into 4 industrial lots. The
parcel is located north of the proposed Wal-Mart site and is bound by County Road
13, County Road 12, and the future (Tyler Street) road right of way. The site is
presently wooded and rolling; generally sloping towards the southeast end of the
site towards a small existing wetland. Located on the site is the Mulvaney home,
13065 Orono Parkway · P.O. Box 490 · Elk River, MN 55330 · TDD & Phone: (612) 441-7420 · Fax: (612) 441-7425
Memo to the City Council] P 00-2
May 15, 2000
Page 2
which will be removed prior to development. The Post Office intends to enter into a
purchase agreement with the owner for a 4-acre parcel located at the corner of
County Roads 12 and 13.
Analysis
The final plat is consistent with the preliminary plat with only a few outstanding
issues that are outlined in the City Engineer's memorandum dated May 10, 2000.
Lot Size
The proposed lots are proposed to be 4.4 acres, 2 acres, 1.8 acres and 11.4 acres in
area and conform to the Business Park requirements.
Proposed Road Access
As proposed, the 4 new lots will be accessed from an extension of 3rd Street from
County Road 13. The proposed road will temporarily end with a cul-de-sac at the
property line until road continues to the new Tyler Street. The cul-de-sac will be
constructed in a permanent fashion in the 60-foot wide road right-of-way.
Easements will have to be provided for the temporary cul-de-sac prior to recording
the plat.
Drainage and Utility Easements
Besides the cul-de-sac easement, additional easements will have to be granted to
the City for drainage and utility purposes prior to recording the plat. Lots 1&3,
Block 2 have no easements for ponding areas as requested by the City Engineer (See
City Engineer's memorandum).
Trail Easement
Along County Road 13, staff has requested a 12-foot trail easement in an area
shown as drainage and utility easement on the plat. Furthermore, the development
plans show ponding in this location. The plat drawing will have to be revised
moving the drainage and utility easement further to the east and the development
plans will need to provide proper grading for a future trail within the trail
easement. The trail easement will have to be granted to the City prior to recording
the plat.
Sidewalks
As part of the public improvements, staff has requested that a 6' sidewalk be
constructed inside the right-of-way on the south side of the proposed road in the
subdivision. The sidewalk will connect pedestrian traffic throughout the site to the
future trail and sidewalks along (Tyler Street) and to Elk River Crossing to the
south.
\\elkriver\sys\shrdoc\planning\stevewen\ccmmo\p00-2.doc
Memo to the City Council/P 00-2
May 15, 2000
Page 3
Tree Preservation
To minimize the amount of tree loss, staff recommends that tree removal prior to
building permit issuance be limited to what is necessary for the construction of the
public improvements. To provide further protection, the developer should fence the
limit of grading prior to tree removal and the construction of the public
improvements to prevent inadvertent grading, erosion, soil compaction and storage
of debris or equipment in the trees. Also, as each lot develops, a tree preservation
plan is to be submitted indicating tree preservation measures and the necessary
tree removal. The site shall not be mass graded prior to building permit issuance.
Existing House
The existing house straddles lots 1 and 2, Block 1 and will have to be removed prior
to recording the plat.
Park Dedication Fees
Presently park dedication fees for Industrial lots being created are $2,000 per acre.
Payment of the park dedication fee is required prior to releasing the plat for
recording with Sherburne County in the amount required by the City at the time of
final plat.
Recommendation
Staff recommends that the City Council approve Resolution 00-__
plat of Mulvaney Point.
granting final
\\elkriver\sys\shrdoc\planning\stevewen\ccmmo\p00-2.doc
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LOCATION
MAP
CASE: P 00-2
Howard R, Green Oompany
QONSULTING ENGINEERS
May 10, 2000
File: 809220J-0240
Mr. Steve Wensman
City of Elk River
13065 Orono Parkway
P.O. Box 490
Elk River, MN 55330-1900
RE: MULVANEY POINT FINAL PLAT
Dear Mr. Wensman:
As requested, we have reviewed the final plat of the Mulvaney Point Addition. Based on
our review, we would offer the following comments:
The plat does provide access control along all of the frontage with the exception
of where 3rd Street enters the plat. The plat indicates that the access control is
dedicated to Sherburne County. I believe that the access control along Tyler
Street should be dedicated to the City of Elk River since this is a City street. The
other two frontages are on County roads.
There is an easement along the east side of Lot 3, Block 1, for a watermain loop.
This easement is supposed to be 20 feet wide and actually scales that width, but
is labeled 10 feet.
One of the conditions of the plat was that ponding easements needed to be
provided on each lot to indicate to potential buyers that a pond would be
necessary with the development of each lot. Drainage and utility easements of a
larger size are shown on Lot 1, Block 1, and Lot 1, Block 2. However, no
drainage and utility easements for ponding purposes are shown on Lots 2 and 3,
Block 1.
A separate document will need to provide the additional easements needed for
the cul-de-sac. As you recall, the cul-de-sac is going to be built in a permanent
fashion with curb all the way around it, but is actually temporary until the road
can be extended to meet Tyler Street. A discussion on this item led to the
conclusion that the right-of-way would be platted at 60 feet wide and additional
easements would be provided in Lot 3, Block 1, and Lot 1, Block 2, for the
construction of this temporary cul-de-sac.
O:\PROJ\809220j\0240~- 5-10-00 Wensman.doc
1326 Energy Park Drive · St. Paul, MN 55108 ° 651/644-4389 fax 651/644-9446 toll free 888/368-4389
Mr. Steve Wensman
May 10, 2000
Page Two
5. We are beginning the review of the construction plans. These plans still show
the sanitary sewer crossing a portion of the Trott Brook Farms property on the
east side of Mulvaney Point. A separate easement document in favor of the City
will need to be provided for this sanitary sewer crossing.
If you have any questions regarding these comments, please call.
Sincerely,
Howard R. Green Company
TJM:tw
O:\PROJ\809220j\0240~tr 5-10-00 Wensman.doc
Howard R, Green Company
CONSULTING ENGINEERS
RESOLUTION NO. 00 -
CITY OF ELK RIVER
A RESOLUTION GRANTING FINAL PLAT APPROVAL FOR:
Mulvaney Point
Case No. P 00-2
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 March 20, 2000; 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.
Bo
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
o
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.
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:
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WHEREUPON the resolution is adopted.
Passed and adopted this __ day of
,2000.
Stephanie Klinzing, 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 ,2000.
WITNESS my hand officially as such Clerk and the corporate seal of the
City this ~ day of ,2000.
Sandra Peine, City Clerk
STATE OF MINNESOTA
SS.
COUNTY OF SHERBURNE
The foregoing instrument was acknowledged before me this
, 2000, by Stephanie Klinzing, Mayor, City of
Minnesota.
Elk
day of
River,
Notary Public
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STATE OF MINNESOTA
SS.
COUNTY OF SHERBURNE
The foregoing instrument was acknowledged before me this ~ day of
,2000, by Sandra Peine, 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
S:XDOCUMENT\RESOLUTI\P00-2.DOC Page 4
EXHIBIT A
Legal Description:
That part of the West Half of the Southwest Quarter, Section 35, Township 33,
Range 26 as follows: Beginning at the Southwest Corner of the Northwest
Quarter of the Southwest Quarter, Section 35, Township 33, Range 26 and
running North of Section line 10 24/100 chains; thence East parallel to the North
line of said Northwest Quarter of the Southwest Quarter 20 chains to the East
line of said Northwest Quarter of the Southwest Quarter; thence South on the
1/16 Section Line to the center of Town Road known as the Hildreth Road;
thence North 51 degrees West along the center line of said road to the point of
beginning, excepting a strip of land 10 rods wide on the East side thereof,
Sherburne County, Minnesota.
EXCEPTING the following described property:
All that part of the Southwest Quarter of the Southwest Quarter, Section 35,
Township 33, Range 26 lying West of the East 10 rods as follows: Beginning at
the intersection of the West line of the East 10 rods of said Southwest Quarter of
the Southwest Quarter with the centerline of County State Aid Highway No. 12;
thence North along said West line of the East 10 Rods a distance 626.90 feet;
thence West at right angles a distance of 208.70 feet; thence South parallel with
said West line of the East 10 rods to the centerline of said County State Aid Road
No. 12; thence Southeasterly along the centerline to the point of beginning.
AND EXCEPT:
All that part of the Southwest Quarter of the Southwest Quarter of Section 35,
Township 33, Range 26 described as follows: Commencing at the intersection of
the west line of the East 10 rods of said Southwest Quarter of the Southwest
Quarter with the centerline of County State Aid Highway No. 12; thence North
along said West line of the East 10 rods a distance of 626.90 feet; thence West
at right angles a distance of 208.70 feet to a point to be hereafter known as Point
"A" for the purpose of this description; thence South parallel with said West line
of the East 10 rods to the centerline of said County State Aid Highway No. 12
and the actual point of beginning of the land to be described; thence
Northwesterly along said centerline a distance of 22.08 feet; thence Northerly to
the afore described Point "A"; thence South parallel with said West line of the
East 10 Rods to the point of beginning, according to the United States
Government Survey thereof and situate in Sherburne County, Minnesota.
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AND EXCEPT:
That part as platted in SHERBURNE COUNTY HIGHWAY RIGHT OF WAY
PLAT NO. 7, according to the recorded plat thereof Sherburne County,
Minnesota.
AND EXCEPT:
That part lying northeasterly of the southwesterly right of way line of Tyler Street.
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10.
11.
12.
13.
EXHIBIT B
A DEVELOPERS AGREEMENT BE PREPARED AND EXECUTED THAT
OUTLINES THE TERMS AND CONDITIONS OF THE PLAT APPROVAL AND
INSTALLATION OF IMPROVEMENTS.
THAT 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 WITH SHERBURNE COUNTY.
PARK DEDICATION FEE AND TRAIL FEE IN THE AMOUNT REQUIRED BY
THE CITY AT THE TIME OF FINAL PLAT BE PAID PRIOR TO RELEASING
THE PLAT FOR RECORDING WITH SHERBURNE COUNTY.
THAT A 12 FOOT TRAIL EASEMENT BE GRANTED TO THE CITY FOR A
FUTURE TRAIL OR SIDEWALK ADJACENT COUNTY ROAD 13 ON THE WEST
SIDE OF THE PLAT PRIOR TO RECORDING.
THAT THE GRADING PLAN AND DEVELOPMENT PLAN INDICATE GRADING
SUITABLE FOR TRAIL PURPOSES WITHIN A TRAIL EASEMENT ALONG THE
WEST EDGE OF THE PLAT.
THAT THE LOCATION OF THE DRAINAGE AND UTILITY EASEMENTS FOR
PONDING ON LOT 1, BLOCK 1 AND LOT 1, BLOCK 2 BE REVISED ON THE
PLAT TO ACCOMMODATE A FUTURE TRAIL AND MOVED PONDING AREAS
PRIOR TO RECORDING.
A GRADING AND EROSION CONTROL PLAN AND DEVELOPMENT PLAN BE
SUBMITTED AND APPROVED BY THE CITY ENGINEER PRIOR TO THE
ISSUANCE OF BUILDING PERMITS FOR EACH LOT.
THAT ALL COMMENTS IN THE CITY ENGINEER'S MEMO DATED MAY 10,
2000 BE ADDRESSED PRIOR TO RECORDING THE PLAT.
THAT STREET LIGHTS BE INSTALLED AS REQUIRED BY ELK RIVER
UTILITIES.
THAT THERE BE NO MASS GRADING OF THE SITE PRIOR TO BUILDING
PERMIT ISSUANCE.
THAT TREE REMOVAL PRIOR TO BUILDING PERMIT ISSUANCE BE
LIMITED TO WHAT IS NECESSARY FOR THE CONSTRUCTION OF THE
PUBLIC IMPROVEMENTS.
14. THAT AN EASEMENT BE GRANTED IN THE FAVOR OF THE CITY FOR THE
UTILITIES CROSSING PRIVATE PROPERTY. IF THE EASEMENT CANNOT
BE OBTAINED, THEN THE UTILITIES SHALL BE REALIGNED TO ANOTHER
LOCATION AS DETERMINED BY THE CITY ENGINEER.
15. THAT ANY TREES ON OR OFF SITE, NEAR THE LIMIT OF GRADING, THAT
ARE TO BE PROTECTED, BE FENCED WITH A SNOW FENCE PRIOR TO
TREE REMOVAL OR CONSTRUCTION OF THE PUBLIC IMPROVEMENTS AT
THE DRIPLINE TO PREVENT DAMAGE TO TREES BY INADVERTENT
GRADING, EROSION, SOIL COMPACTION AND STORAGE OF DEBRIS OR
EQUIPMENT IN THE TREES.
16.
THAT AS EACH LOT DEVELOPS, A TREE PRESERVATION PLAN SHALL BE
SUBMITTED INDICATING TREE PRESERVATION MEASURES AND THE
NECESSARY TREE REMOVAL.
17.
THAT A 6 FOOT SIDEWALK BE CONSTRUCTED IN THE PUBLIC RIGHT-OF-
WAY ON THE SOUTH SIDE OF THE NEW EAST-WEST ROAD IN THE PLAT AS
PART OF THE PUBLIC IMPROVEMENTS.
18.
A SEALCOAT FEE IN THE AMOUNT TO BE DETERMINED BY THE CITY
ENGINEER BE PAID TO THE CITY PRIOR TO RELEASING THE PLAT FOR
RECORDING WITH SHERBURNE COUNTY.
19.
THAT A PERMANENT CUL-DE-SAC BE CONSTRUCTED WITHIN A STREET
AND DRAINAGE AND UTILITY EASEMENT AND THAT THE EASEMENT BE
GRANTED IN FAVOR OF THE CITY PRIOR TO RELEASING THE PLAT FOR
RECORDING.
20. THAT THE EXISTING HOME BE REMOVED PRIOR TO RECORDING THE
FINAL PLAT WITH SHERBURNE COUNTY.
21. THAT THE PLAT PROVIDES ACCESS CONTROL ON THE TYLER STREET,
COUNTY ROAD 12 AND COUNTY ROAD 13 FRONTAGES WITH THE
EXCEPTION OF THE EXTENSION OF 3RD STREET.
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M UL VA NE Y
POINT
CITY OF ELK RIVER
SHERBURNE COUNTY, MINNESOTA
GRAPH SCALE
SCAiE IN FEET
I INCH - 100
NOTES:
0 - DENOTES 1/2 INCH 01,4. 8Y 14 INCH IRON
MONUMENT P, fTH A PLASTIC PLUG STAMPED
I- 1
VICINITY MAP
(SEC.35-T33N-R26W)
NOT TO SCALE
DRAINAC~ AND UTILITY EASEMENPS ARE
SHOIff'V DIUS:
BEING tO FEET IN tffOTH AND ADJOINING LOI'
LINES. AND I0 FEET IN mOTH AND ADJOINING
RIGHT--OF-WAy LINES UNLESS OTHER~SE
SHOV, N ON THE PLA 1:
__L.~ ~ t_L_
SHEET 2 OF 2 SHEETS
GRAPHIC SCALE
NOTE:
MAIN STREET
THESE POND AREAS ARE CONCEPTUAL ONL3
EACH POND LOCATION, SIZE, AND OUTLET
WILL BE DESIGNED AND CONSTRUCTED AT THI
TIME EACH LOT DEVELOPS,
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{ , ,~ 3' '{ ' _ j{
NN/DOT DESIGN 'D' CONCRETE CURB & GUTTER
TYPICAL STREET SECTION
NOT TO SCALE
ROCK ENTRANCE DETAIL
NOT TO SCALE
TYPICAL SILT FENCE INSTALLATION
NOT TO SCALE
LEGEND
~_XISTING P,~OPOSED