6.2. SR 05-15-2000~ity of
'ver
TO:
FROM:
DATE:
SUBJECT:
Item # 6.2.
MEMORANDUM
Mayor & City Coun~
Michele McPherson, Director of Planning
May 11, 2000
Case Number: P 98-7, Final Plat Request
Elk River Business Park
Request
The applicant, Rick Martens, requests final plat approval of Elk River Business Park.
The preliminary plat was approved by the City Council on December 21, 1998.
Location
SW ¼ of the NW ¼ Section 2, Township 32, Range 26 (south of Elk River Crossing)
Zoning/Land Use
BP (Business Park)ILl (Light Industrial)
Attachments
· Location Map
· Final Plat
· City Council Minutes of December 21, 1998
· Memo from the City Engineer
· Resolution Number 00-
Overview
The final plat is consistent with the preliminary plat. The development consists of 40
acres with a horseshoe shaped road connecting to Tyler Street at two locations. The
plat will need to be recorded with access control prohibiting further access to Tyler
Street.
There are a total of seven lots in the plat, ranging in lot area from 2.79 acres to 6.4
acres. There are two wetlands on site; both are being avoided with this project. The
conditions from the preliminary plat regarding wetland mitigation have been removed
with the exception of filing restrictive covenants over the wetlands.
13065 Orono Parkway · P.O. Box 490 · Elk River, MN 55330 · TDD & Phone: (612) 441-7420 · Fax: (612) 441-7425
Memo to the Mayor and City Council/P98-7
May 11, 2000
Page 3
11.An access and utility easement be provided to the adjacent property to the
west,
12. Restrictive covenants be put in place over the wetlands. These shall be
completed and recorded along with the plat.
Memo to the Mayor and City Council/P98-7
May 11, 2000
Page 2
The City is installing the utilities and streets for this project.
The Engineer has reviewed the plat; his comments are outlined in the attached memo.
Branch A, County Ditch 10, turned back to the City in 1999, flows through the property.
It has been contained by the City-installed stormwater system. The City vacated a
portion of the ditch easement flowing through Elk River Crossing in 1999. In order to
clear the title for this property, the remaining portion of the ditch easement should be
vacated. This should be completed prior to releasing the plat for recording.
Recommendation
Staff recommends that the City Council approve the final plat of Elk River Business
Park with the following conditions:
A developers agreement outlining the terms and conditions of the plat
approval and installation of improvements be prepared and executed prior
to releasing the plat for recording.
2. A letter of credit in the amount required by the City be submitted,
3. A surface water management fee in the amount required by the City at the
time of final plat approval be paid prior to releasing the plat for recording.
4. A sealcoat fee in the amount determined by the City Engineer be paid prior
to releasing the plat for recording.
5. A park dedication fee in the amount required by the City be paid prior to
releasing the plat for recording.
6. All comments of the City Engineer be addressed.
A grading and erosion control plan and development plan be submitted
and approved by the City Engineer prior to the issuance of building
permits.
8. All grading will need to be certified prior to issuance of building permits.
9. Streetlights shall be installed as recommended by Elk River Municipal
Utilities.
10. Sidewalks be installed along the outside edge of the proposed road along
with a pedestrian connection to the adjacent commercial development to
the north.
I
LOCATION
17O114
M
ElkS R ver'
Orono Pa. rk'.vav · P.O. Box -'90
Elk River..MN ~220
LOCATION
MAP
ELK RIVER BUSINESS PARK
Elk River City Council Minutes
December 21. 1998
Page 7
2)That a deed restriction indicating that the 18.54 acre lot not be subdivided a
second time.
Mayor Duitsman opened the public hearing.
Doug Gibson and Steve Erickson indicated that they owned a portion of the
property that was proposed to be subdivided. Following discussion regarding the
possibility of an incorrect survey, it was the consensus of the Council to postpone
a decision until the survey is reviewed by the applicant and city staff.
COUNCILMEMBER HOLMGREN MOVED TO .CONTINUE THE PUBLIC HEARING AND
POSTPONE THIS ITEM TO THE JANUARY 19, 1999, CITY COUNCIL MEETING.
COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 5-0.
6.6.
Request by Amcon for Preliminary Plat Approval IEIk River Business Park L.L.C.),
Public Hearinq Case No. P 98-7
Planning Assistant Scott Harlicker stated that Amcon is requesting a preliminary
plat approval for Elk River Business Park. Scott reviewed the staff report with the
City Council.
Mayor Duitsman opened the public hearing.
Richard Madin, Partner of Amcon requested that item #2 in the recommendation
from staff relating to a letter of credit be deleted. City Attorney Peter Beck
indicated that this will be addressed in the Developer's Agreement in TIF #19. Mr.
Martin questioned whether the items pertaining to wetlands were relevant. He
stated that they are in the process of testing to determine if there actually are
wetlands involved. He further stated that the results will not be available until July.
it was concluded to leave the wetland requirements in the stipulations for the
present time.
Park and Recreation Commissioner Clair OIson requested the Council to delay a
decision until the Park and Recreation Commission can review the plat. He stated
that there is a trail corridor that runs along the north side of the property and feels
the Park and Recreation Commission should have some time to review the issue.
The City Administrator indicated that the city policy does not include Park and
Recreation fees for industrial property so a commission review typically does not
take place.
There being no further comments, Mayor Duitsman closed the public hearing.
COUNCILMEMBER HOLMGREN MOVED TO APPROVE THE PRELIMINARY PLAT REQUEST
WITH THE FOLLOWING CONDITIONS:
1. A DEVELOPERS AGREEMENT BE PREPARED OUTLINING THE TERMS AND
CONDITIONS OF THE PLAT APPROVAL AND INSTALLATION OF IMPROVEMENTS BE
PREPARED AND EXECUTERD PRIOR TO RELEASING THE PLAT FOR RECORDING.
~) THE PARK AND RECREATION COMMISSION REVIEW AND A RECOMMENDATION
BE CONSIDERED PRIOR TO FINAL PLAT APPROVAL.
Elk River City Council Minutes
December 21, 1998
Page 8
o
SURFACE WATER MANAGEMENT FEE IN THE AMOUNT REQUIRED BY THE CITY AT
THE T!ME OF FINAL PLAT BE PAID PRIOR TO RELEASING THE PLAT FOR RECORDING
WITH 'SHE£BURNE COUNTY.
A SEALCOAT FEE IN THE AMOUNT TO BE DETERMINED BY THE CITY ENC~INEER BE
PAID TO THE CITY PRIOR TO RELEASING THE PLAT FOR RECORDING WITH
SHERBURNE COUNTY.
A GRADING AND EROSION CONTROL PLAN AND DEVELOPMENT PLAN BE
SUBMITTED AND APPROVED BY THE CITY ENGINEER PRIOR TO THE ISSUANCE OF
BUILDING PERMITS.
6. ALL GRADING WILL NEED TO BE CERTIFIED PRIOR TO ISSUANCE OF BUILDING
PERMITS.
7. STREET LIGHTS SHALL BE INSTALLED AS RECOMMENDED BY ELK RIVER MUNICIPAL
UTILITIES.
ALL WETLANDS ON THE SITE SHALL BE IDENTIFIED AND DELINEATED AND ALL
WETLAND PERMITS SHALL BE RECEIVED PRIOR TO COMMENCING ANY WORK IN A
WETLAND.
9. ALL COMMENTS OF THE CITY ENGINEER SHALL BE ADDRESSED.
10. A WETLAND MITIGATION PLAN BE APPROVED PRIOR TO RELEASING THE PLAT FOR
RECORDING.
11.
SIDEWALKS BE INSTALLED ALONG THE OUTSIDE EDGE OF THE PROPOSED ROAD
ALONG WITH A PEDESTRIAN CONNECTIONTO THE ADJACENT COMMERCIAL
DEVELOPMENT TO THE NORTH.
12. RESTRICTIVE COVENANTS BE PUT IN PLACE OVER THE WETLANDS AND THE BUFFER
AREA. THESE SHALL BE COMPLETED AND RECORDED ALONG WITH THE PLAT.
13. A BOND COVERING THE COST OF THE WETLAND REPLACEMENT IS REQUIRED
AND SHALL BE MADE PART OF THE DEVELOPERS AGREEMENT.
14. DRAINAGE AND UTILITY EASEMENTS SHALL BE REVISED TO INCLUDE THE WETLAND
MITIGATION AND EXCLUDE THE AREAS PROPOSED TO BE FILLED.
16. A PEDESTRIAN EASEMENT BE PROVIDED TO ?HE NORTH TO ALLOW
CONSTRUCTION OF A SIDEWALK TO CONN~C.T WITH ELK RIVER CROSSING.
17. AN ACCESS AND UTILITY EASEMENT BE PROVIDED TO TH.c ADJACENT PROPERTY
TO THE WEST.
COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 5-0.
Howard R, Green Company
CONSULTING ENGINEERS
May 10, 2000
File: 800114J-0240
Ms. Michele McPherson
Director of Planning
City of Elk River
PO Box 490
Elk River, MN 55330-0490
RE:
ELK RIVER BUSINESS PARK
FINAL PLAT
Dear Ms. McPherson:
As requested, we have reviewed the final plat of the Elk River Business Park development.
Based on our review, we would offer the following comments:
The plat should provide access control along Tyler Street to ensure that no driveways
are allowed to access Tyler Street in the future.
The final plat shows existing easements along the south and west property lines that are
for the Great River Energy Company. In addition to these easements, which are of
record, drainage and utility easements need to ovedap these in favor of the City. These
have been omitted from the plat.
Drainage and utility easements along the Tyler Street frontage of Outlot A should also be
provided.
There is a small easement at the street intersection of Lots 4 and 5, Block 1. We are
unsure what this easement is provided for. The preliminary grading and drainage plan
showed storm sewer in this common driveway. If this easement is for the storm sewer, it
should be omitted. The storm sewer will be considered private when it is constructed,
and it will be the responsibility of the lot owner for maintenance.
There needs to be an easement provided across Lot 1, Block 1, from Industrial Circle to
Elk River Crossing to the north for a trail connection.
If you have any questions regarding these comments, please call.
Sincerely,
Howard R. Green Company
Terry J. Maurer, P.E.
TJM:tw
O:\PROJ\800114j\0240\ltr 5-10-11 McPherson.doc
1326 Energy Park Drive · St. Paul, MN 55108 ° 651/644-4389 fax 651/644-9446 toll free 888/368-4389
RESOLUTION NO. 00 -
CITY OF ELK RIVER
A RESOLUTION GRANTING FINAL PLAT APPROVAL FOR:
Elk River Business Park
Case No. P 98-7
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 December 21, 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.
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.
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.
The proposed subdivision will not conflict with easements of record
or with easements established by judgment of a court.
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.
o
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:
Document\resolution\p98-7.doc Page 2
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
Document\resolution\p98-7.doc Page 3
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
Document\resolution\p98-7.doc Page 4
EXHIBIT A
Legal Description:
The Southwest Quarter of the Northwest Quarter of Section 2, Township 32,
Range 26; together with that portion of the Southeast Quarter of the Northeast
Quarter of Section 3, Township 32, Range 26, lying east of Highway 169 and
north of the Burlington Northern Railroad, Sherburne County, Minnesota.
Document\resolution\p98-7.doc Page 5
e
o
10.
11.
12.
EXHIBIT B
A DEVELOPERS AGREEMENT OUTLINING THE TERMS AND CONDITIONS OF THE PLAT
APPROVAL AND INSTALLATION OF IMPROVEMENTS BE PREPARED AND EXECUTED
PRIOR TO RELEASING THE PLAT FOR RECORDING.
A LEI'rER OF CREDIT IN THE AMOUNT REQUIRED BY THE CITY BE SUBMII'I'ED.
A SURFACE WATER MANAGEMENT FEE IN THE AMOUNT REQUIRED BY THE CITY AT
THE TIME OF FINAL PLAT APPROVAL BE PAID PRIOR TO RELEASING THE PLAT FOR
RECORDING.
A SEALCOAT FEE IN THE AMOUNT DETERMINED BY THE CITY ENGINEER BE PAID PRIOR
TO RELEASING THE PLAT FOR RECORDING.
A PARK DEDICATION FEE IN THE AMOUNT REQUIRED BY THE CITY BE PAID PRIOR TO
RELEASING THE PLAT FOR RECORDING.
ALL COMMENTS OF THE CITY ENGINEER BE ADDRESSED.
A GRADING AND EROSION CONTROL PLAN AND DEVELOPMENT PLAN BE SUBMITTED
AND APPROVED BY THE CITY ENGINEER PRIOR TO THE ISSUANCE OF BUILDING
PERMITS.
ALL GRADING WILL NEED TO BE CERTIFIED PRIOR TO ISSUANCE OF BUILDING
PERMITS.
STREETLIGHTS SHALL BE INSTALLED AS RECOMMENDED BY ELK RIVER MUNICIPAL
UTILITIES.
SIDEWALKS BE INSTALLED ALONG THE OUTSIDE EDGE OF THE PROPOSED ROAD
ALONG WITH A PEDESTRIAN CONNECTION TO THE ADJACENT COMMERCIAL
DEVELOPMENT TO THE NORTH.
AN ACCESS AND UTILITY EASEMENT BE PROVIDED TO THE ADJACENT PROPERTY TO
THE WEST.
RESTRICTIVE COVENANTS BE PUT IN PLACE OVER THE WETLANDS. THESE SHALL BE
COMPLETED AND RECORDED ALONG WITH THE PLAT.
Document\resolution\p98-7.doc Page 6