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5.3. SR 06-21-2004TO: FROM: DATE: SUBJECT: MEMORANDUM Mayor and City Council Michele McPhersoL~kL~irector of Planning June 21, 2004 Case No. P 04-13 Final Plat - K 8, L Second Addition Item # 5.3. Request The applicant requests that the City Council grant final plat approval of K & L Second Addition. The final plat will create three commercial lots and four outlots. Attachments Location Map · June 16, 2004 Letter from the City Engineer · Final Plat - K & L Addition Resolution No. 04- Granting Final Plat Approval · Final Plat - K & L Second Addition · Preliminary Plat Phase 1 - K & L Addition · Preliminary Plat - K & L Addition Ultimate Zoning/Land Use C3 Highway Commercial/HB Highway Business Analysis In July of 2000, the Elk River City Council approved the preliminary and final plats of K & L Addition. The preliminary plat of K & L Addition includes the properties of Riverview Sports, Deano's, Dehn's Four Seasons, Back to the 50's, Ensminger's Auto Repair, and approximately 15 acres of vacant property. Phase one of K & L Addition included platting a road right-of-way for Vance Street north of 173~d Avenue and eight lots. The applicant's K & L Second Addition/P 04-13 June 21, 2004 Page 2 partner has installed the sewer and water improvements under Vance Street and prepared five lots for development purposes based on the ultimate plan for development illustrated on the preliminary plat of K & L Addition. Due to ownership issues and exchange of property, the applicant is requesting to final plat the north portion of K & L Addition into a slightly different configuration than originally proposed. These slight changes in configuration, however, are not inconsistent with the original preliminary plat. The primary concern with K & L Second Addition is providing an agreement for the continued extension of Vance Street to 174th Avenue, as noted on the Phase one preliminary plat. It is not contemplated at this time that this road extension will occur, however, the City needs to bind the adjacent property owners to pay for this extension in the future. Recommendation Staff recommends that the City Council approve the attached resolution granting final plat approval for K & L Second Addition with the following conditions: 1. AN AGREEMENT BE DRAFTED AND RECORDED AGAINST THE PROPERTIES ADJACENT TO THE 174TM AVENUE EXTENSION, REQUIRING THEM TO PARTICIPATE IN THE COST OF SAID EXTENSION. 2. ALL COMMENTS OF THE CITY ENGINEER BE ADDRESSED. 3. K & L ADDITION BE RECORDED PRIOR TO K & L SECOND BEING RECORDED. &\PLANNING\Case Files\2004\P 04-13 K & L Second Addition\6-21 cc memo.doc AVENUE NW 3USTRIAL CIRCLE HILLSIDE CITY PA TH DOT PROPERTY 175TH SITE 174TH 175RD 172ND 171ST IVATE) lxlver Case Number: Location Map P04-13 K & L SECOND ADDITION N Howard R. Green Gompany June 16, 2004 File: 809021J-0240 Ms. Michele McPherson Director of Planning City of Elk River 13065 Orono Parkway Elk River, MN 55330 RE: K & L SECOND ADDITION FINAL PLAT Dear Ms. McPherson: As requested, we have reviewed the proposed final plat of K & L Second Addition. John Oliver & Associates prepared the plat. Based on our review, we would offer the following comments: 1. The plat of K & L Second Addition creates three lots along the TH 10 frontage road and four outlots. The three lots created currently have building and operating businesses on all three. It is our understanding that this final plat of the Second Addition is proposed for purposes of real estate transactions, concerning some or all of these existing buildings/businesses. 2. Outlot C is for future Vance Street extension to loop back to the TH 10 frontage road. Outlots A, B, and D will become parts of lots in future phases. We believe that it is due to ownership that the outlots are laid out in the configuration shown on the K & L Second Addition. 3. Our records indicate that there is a telecommunications tower located in the northeast corner of Outlot D and a 20-foot wide ddveway easement along the north plat line of K & L Second Addition. These easements should be reflected on the final plat. 4. A storm drainage pond has been built in the southern portion of Outlot D (former Outlot A of K & L Addition) with the improvements as part of the first addition. A drainage and utility easement needs to be provided over the ponding area located in Outlot D. 5. This plat is based on K & L Addition; however, to the best of our knowledge, the K & L Addition has never been recorded. It will be necessary to record K & L Addition prior to recording K & L Second Addition. If you have any questions regarding any of these comments, please call. Sincerely, Howard R. Green Company TJM:sw O:~PROJ~809021J\0240~tr-061604-McPherson.doc 2550 University Avenue West · Suite 400N · St. Paul, MN 55114 · 651/644-4389 fax 651/644-9446 toll free 888/368-4389 ~E OUTLOT G K AND L ADDITION City OJ Shorbur, OUTLOT B OUTLOT L7 OUTLOT '(.:!,'.,. I f?3RD A VENUE NI~. 3 ~08 08 I o too SCALE 004 / / K AND L ....... N89o48'26"E 2 717.¢9 ....... 153.68 '-.. _ . CqOLiTH :_-- 60 SECOND 20lJO ........ OUTLOT A ..--- OUTLOT B R=320 O0 ADDITION ./ N OUTLOT D .... Z'~ \ °4% ,::_, ?0% CITY OF ELK RIVER SHERBURNE COUNTY, MN ~:~:, z SITE- ':" VICINITY MAP ~)enotes limited access For the purposes of this plot, the bearings ore based en the dui), recorded plat of I< At,ID L ADDITION Denotes I/" inch x 14 ~nch iron monument with o plastic plug stamped R L S 21729 Denotes I/2 insh ~ 14 inch ~ron monument with o plastic plug stamped R L $ 2i¥29, to be set within ] yea~ of recording this plat Denotes war, m,¢nument foulqd thus 5 -ld]~'5 II _ 2o~ Be,ng [0 t~et in w~dth and ,adJoining ,C, right-of-way lines, also being 5 feet '-~,' in width and adjoining lot lines, unless "~;' otherwise indicated, os shawn on plot "ri;,. \ RESOLUTION NO. 04- CITY OF ELK RIVER A RESOLUTION GRANTING FINAL PLAT APPROVAL FOR: K & L Second Addition Case No. P 04-13 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 August 21, 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 Coundl 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 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. 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. 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 ~ day of ,2004. Stephanie Klinzing, Mayor S:\PLANNING\Case Files\2004\P 04-13 K & L Second Addition\Final Plat Resolution.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 , 2002. WITNESS my hand officially as such Clerk and the corporate seal of the City this __ day of ,2004. joan Schmidt, City Clerk STATE OF MINNESOTA SS. COUNTY OF SHERBURNE The foregoing instrument was acknowledged before me this __ day of ., 2004, by Stephanie Klinzing, Mayor, City of Elk River, Minnesota. STATE OF MINNESOTA SS. COUNTY OF SHERBURNE Notary Public The foregoing instrument was acknowledged before me this day of ,2004, by Joan Schmidt, City Clerk, City of Elk River, Minnesota. Notary Public S:\PLANNING\Case Files\2004\P 04-13 K & L Second AdditionkFinal Plat Resolution.doc Page 3 EXHIBIT A Legal Description: Outlot A, K AND L ADDITION Outlots B, C and D, K AND L ADDITION Outlot E, K AND L ADDITION Sherburne County, Minnesota S:~PIJtNNING\Case Files\2004\P 04-13 K & L Second Addition~Final Plat Resolution.doc Page 4 EXHIBIT B Conditions: 1. AN AGREEMENT BE DRAFTED AND RECORDED AGAINST THE PROPERTIES ADJACENT TO THE 174TM AVENUE EXTENSION, REQUIRING THEM TO PARTICIPATE IN THE COST OF SAID EXTENSION. 2. ALL COMMENTS OF THE CITY ENGINEER BE ADDRESSED. 3. K & L ADDITION BE RECORDED PRIOR TO K & L SECOND BEING RECORDED. S:~PLANNING\Case Files\2004\P 04-13 K & L Second Addition~Final Hat Resolution.doc Page 5 H. LiNE OF THE S. I/2 OF THE SW I/4 OF SEC. 2 --~ -... E %,c :FL' EX. ~' DRIFEWA¥ / ~'~l EASE~NT /' \\ \ \ \ \ \ \ I: LINE OF THE SW I/4 OF SEC 2 LEGAL DESCRIPTION THAT PART OF THE SC~JTH HALF OF THE SOUTHWEST QUARTER THAT LiES NORTHEASTERLY OF THE NORTHEASTERLY RIGHT-OF-WAY OF US HIGHWAY NO IO AND SOUTHWESTERLY OF THE RAILROAD RIGHT-OF-WAY BEING IN SECTION 2, TOWNSHIP 32, RANGE 26, SHERBURNE COUNTY, MINNESOTA. EXCEPT THE NORTH lO0 FEET THEREOF. SUBJECT TO THE TOWN ROAD (175RD AVENUE N.W) 0 SCALE I00 2OO 300 FEET Drainoge and Utility Easements shown thus: Being tO feet in width and adjoining right- of-way lines, unless otherwise indicated, also being 5 feet in width and adjoining lot lines, unless otherwise indicated, as shown on the plat, TOTAL PLAT AREA: 24-.14- Ac.% AREA PHASE I AREA IN 175RD & VANCE = 2.72 Ac.Y- NUMBER OF LOTS : 8 EXISTING ZONING: PROPOSED ZONING: C 5 MINIMUM LOT SIZE: 1.0 Ac, MIN. LOT WIDTH : 100 FT BENCHMARK: TRIPLE SPIKE SET IN NORTH FACE OF POWER POLE, SECOND POWER POLE EAST OF HIGHWAY I0, SOUTH SIDE OF 175RD AVENUE, ELEVATION - 886,42 SETBACKS Front: Z5 FT. Side: 20 FT. Rear: 40 FT. 0 Denotes I/2 inch x 14 inch DATE RECEIVED iron pipe with plostic plug stamped R.LS. 21729 '~. Il, 00 · Denotes a foundiron pipe, MAJOR OWNERS ~ DEVELOPERS Les Lundquist cio River~ew Sports &¢ Mor~be 17445 Highway I0 Elk River, MN 55530 612 441--1799 F~oyd Kruse P.O. Box JO6 Monticello, MN 55J62 612-878-444.° 612-27t-3025 SURVEYORS ~ ENGINEERS John Oliver ~: Associote$, Inc. 580 Dodge Avenue Elk River. Mn. 553J0 612-44t-2072 SHEET NO N. LINE OF THE S. I/2 OF THE SW OF SEC. 2 --~ -~-C E P ¥'gJ , mu~ I 0 N I / / / '¢ P ',, "S. LINE OF THE SW l/4 OF SEC. 2 0 SCALE LEGAL DESCRIPTION THAT PART OF' THE SO~JTH HALF OF THE SOUTHWEST QUARTER THAT LIES NORTHEASTERLY OF THE NORTHEASTERLY RIGHT-OF-WAY OF U.S. HIGHWAY NO. lO AND SOUTHWESTERLY OF THE RAILROAD RIGHT-OF-WAY BEING IN SECTION 2, TOWNSHIP 32, RANGE 26, SHERBURNE COUNTY, MINNESOTA. EXCEPT THE NORTH I00 FEET THEREOF. SUBJECT TO THE TOWN ROAD (173RD AVENUE N.W.) I00 200 1 IN 2,O0 FEET V~ClNITY MAP Drainage ond Utility Easements shown thus: Being lO feet in width and adjoining right- of--way li~es, unless otherwise indicated, also being 5 feet in width and adjoining ~ot tines, unless otherwise indicated, as shown on the plat. TOTAL PLAT AREA: 24.14 Ac.*/- NUMBER OF LOTS : 18 EXISTING ZONING: C-3 PROPOSED ZONING: C-3 MINIMUM LOT SIZE; 1.0 Ac. MIN. LOT WIDTH : 100 FT BENCHMARK: TRIPLE SPIKE SET IN NORTH FACE OF POWER POLE, SECOND POWER POLE EAST OFHIGHWAYI0, SOUTH SIDE OF 175RD AVENUE. ELEVATION = 8~6.42 SETBACKS Front: 25 FT. Side: 20 FT. Rear: 40 FT. Denotes l/2 inch x 14 inch iron pipe with plastic plug stomped R.L,S. 21729 · Denotes a found iron pipe. MAJOROWNERS& DEVELOPERS Les tundquist FToyd Kruse c/o Riverview Sports & Marine P,O. Box 306 17445 Highway I0 Monticello, MN Eib River, MN 55JJO 612-878-4449 612-441-1799 612-271-$025 SL~VEYORS &~ ENC4NEERS ~k~hn OEver & Associates, Inc. 580 Dodge Avenue Elk River, Mn. 55JJO 612-441-2072 m r~ C~ ~ SHEET NO.