6.8. SR 07-17-2000'ity of
Item # 6.8.
MEMORANDUM
Mayor and City Council
Michele McPherso irector of Planning
TO:
FROM:
DATE:
July 12, 2000
SUBJECT:
Case Number: P 00-1
Request by Floyd Kruse and Les Lundquist
for Preliminary and Final Plat, K & L
Addition; Public Hearing
Request
The applicants request approval of a preliminary plat for 17 lots (Ultimate Plan) with
nine lots in Phase 1 final plat.
Location
Northeast Corner of Highway 10 and 173ra Avenue
Zoning/Land Use
C3 (Highway Commercial)/HB (Highway Business)
Attachments
· Location Map
· Preliminary Plat (Phase 1)
· Preliminary Plat (Ultimate)
· Final Plat
· Memo from the City Engineer
· Resolution No 00-
Overview
Staff has been working with the applicants since the first of the year on this project. Mr.
Lundquist is the owner of proposed Lots 9-13, Block 1, and Mr. Kruse is the owner of
the area encompassed by proposed Lots 1-8, Block I as well as the Vance Street right
of way and a portion of proposed Lot 1, Block 2. The purpose of the proposed plat is to
prepare lots for sale now that utilities are available to the area.
13065 Orono Parkway · P.O. Box 490 · Elk River, MN 55330 · TDD & Phone: (612) 441-7420 · Fax: (612) 441-7425
Memotothe Planning Commission/P 00-1
June 22,2000
Page 2
The preliminary plat also includes Back to the 50's, Deano's, and Dehn's All Season.
As these properties are unplatted, platting would have been required if expansion,
redevelopment, or connection to utilities would have occurred. The only property owner
not participating at this time is the owner of Atlas Pet Foods (Mr. Szurek). He is not in a
position financially to participate and sees no benefit to him to participate at this time.
Analysis
Existing Conditions
The area to be platted includes seven buildings and vacant land. The vacant land
totals approximately 50% of the area to be platted. The land is bounded by Highway 10
on the west, 173rd Avenue on the south, the railroad tracks on the east, and additional
land on the north. In general, the land is flat, but slopes from northwest to southeast.
Proposed Plat Configuration
The Ultimate Plan consists of 17 lots ranging from one acre (minimum lot area in C3,
Highway Commercial) to 2.58 acres in size (Deano's). Deano's desires to expand, so
they are acquiring approximately one acre from Mr. Kruse and that is reflected in the
size of Lot 1, Block 2, K & L Addition. Also included in the Ultimate Plan is right of way
dedicated for Vance Street/174th Avenue. Additional right of way will be needed from
Atlas Pet Food to complete this connection in the future. It is unknown at this time
when that might occur.
Phase 1 consists of eight lots and approximately 600 feet of Vance Street right of way.
All of the proposed lots meet, on paper, the minimum lot area of one acre, with 100 feet
of lot width. Upon closer examination, however, some of the lots have less than an
acre of buildable area due to slope constraints or easement encroachments. These
lots include Lot 1 and 4, Block 1. It is possible that in the future some lots will be
combined.
All of the vacant lots will meet the setback requirements. However, due to the location
of existing buildings on existing unplatted lots, not all buildings meet the setback
requirements. Wherever possible, however, the setbacks for existing buildings are met.
Access
Vance Street and 173rd Avenue will provide access to the new lots. Existing buildings
like Back to the 50's and Deano's will continue to have their current access points.
Vance Street will end in a cul-de-sac complying with the City requirements.
Grading and Drainage
The City Engineer has addressed these issues in his memo (attached). Phase 1
provides adequate ponding, however, the Ultimate Plan needs additional work to
properly address the grading and drainage requirements of the City. A common
drainage pond is proposed that would service all lots. Drainage calculations are also
required to be submitted.
Memotothe Planning Commission/P 00-1
June 22,2000
Page 3
Utilities
The City Engineer addresses utilities in his memo.
extended as part of this development.
Utilities are proposed to be
Park Dedication
As this is a commercial plat, the Park and Recreation Commission recommended cash
dedication for this plat. Park dedication will be determined by the number of lots platted
in the final plat. As no park dedication has been collected previously, all platted lots will
be required to pay park dedication at the rate required at the time of final plat (currently
$3,000 per acre).
Zoning
Currently, the entire parcel is zoned C3, Highway Commercial. It may be more
appropriate, due to the lack of visibility from Highway 10, to rezone Lots 1-10, Block 1,
to Light Industrial. The City lacks an inventory of small industrial lots for small industrial
users. A rezoning is not required nor is it being requested, however.
As lots are developed, they will be evaluated either through Site Plan Review (permitted
uses) or as conditional uses.
Planning Commission Action
The Planning Commission conducted a public hearing at its June 27, 2000 meeting.
Mr. Tom Price, adjacent property owner to the north, inquired as to any impacts this plat
may have on his property. There are no impacts to the property to the north; access
will be provided by the service road along Highway 10, and utilities are available for the
property.
No one spoke for or against the proposal.
Recommendation
Staff recommends that the City Council approve the request for preliminary plat of K & L
Addition with the following conditions:
A DEVELOPERS AGREEMENT BE PREPARED AND EXECUTED
OUTLINING THE TERMS AND CONDITIONS OF THE DEVELOPMENT
PRIOR TO RELEASING THE FINAL PLAT FOR RECORDING.
2. ALL OF THE CITY ENGINEER'S COMMENTS BE ADDRESSED.
PARK DEDICATION FEES IN THE AMOUNT REQUIRED BY THE CITY BE
PAID PRIOR TO RELEASING THE FINAL PLAT FOR RECORDING.
Memo to the Planning Commission/P 00-1
June 22, 2000
Page 4
STORMWATER MANAGEMENT FEES IN THE AMOUNT REQUIRED BY
THE CITY BE PAID PRIOR TO RELEASING THE FINAL PLAT FOR
RECORDING.
STREET LIGHTS AS REQUIRED BY ELK RIVER UTILITIES BE
INSTALLED.
A SEALCOAT FEE IN THE AMOUNT DETERMINED BY THE CITY BE
PAID PRIOR TO RELEASING THE FINAL PLAT FOR RECORDING.
Final Plat
The applicant requests final plat approval for Lots 1-4, Block 1, and Lots 1-4, Block 2,
and Outlot A, K & L Addition. The final plat also provides right of way for both 173rd
Avenue and Vance Street. The proposed lots meet the minimum lot area for the C3,
Highway Commercial zoning district.
Staff recommends that the City Council approve final plat of K & L addition with the
following conditions:
A DEVELOPERS AGREEMENT BE PREPARED AND EXECUTED OUTLINING
THE TERMS AND CONDITIONS OF THE DEVELOPMENT PRIOR TO
RELEASING THE FINAL PLAT FOR RECORDING.
2. ALL OF THE CITY ENGINEER'S COMMENTS BE ADDRESSED.
3. PARK DEDICATION FEES IN THE AMOUNT REQUIRED BY THE CITY BE
PAID PRIOR TO RELEASING THE FINAL PLAT FOR RECORDING.
4. STORMWATER MANAGEMENT FEES IN THE AMOUNT REQUIRED BY THE
CITY BE PAID PRIOR TO RELEASING THE FINAL PLAT FOR RECORDING.
5. STREET LIGHTS AS REQUIRED BY ELK RIVER UTILITIES BE INSTALLED.
6. A SEALCOAT FEE IN THE AMOUNT DETERMINED BY THE CITY BE PAID
PRIOR TO RELEASING THE FINAL PLAT FOR RECORDING.
O~ p~K
LOCATION
174.'~H
173RD
172N0
1715T
17o~-J.
City of
:0
13065 Orono Parkway · P.O. Box 490
Elk River, MN 55330
LOCATION ~
MAP ~,
CASE: P 00-1 "
Howard R, Green Company
QONSULTING ENGINEERS
June 19, 2000
File: 809020J-0240
Ms. Michele McPherson
Director of Planning
City of Elk River
13065 Orono Parkway
Elk River, Minnesota 55330
RE:
K&L ADDITION
CITY OF ELK RIVER
Dear Ms. McPherson:
We have reviewed the submittal package for the K&L Addition. As you are aware, this is a
proposed plat just north of 173r~ Avenue between Trunk Highway (TH) 10 and the Burlington
Northern Railway. The submittal package was prepared by John Oliver and Associates and
consisted of a Phase I three-page plan set and an Ultimate 3-page plan set. The three pages in
each set plan consisted of a preliminary plat, preliminary grading plan, and preliminary utility
plan. Based on our review, we would offer the following comments:
Preliminary Plat
1. The Phase I preliminary plat consists of platting the Back to the 50's Restaurant,
Dean's Four Seasons, and Deano's Collision Center, along with Vance Street
and four lots between Vance Street and the railroad tracks. The Ultimate
preliminary plat includes an additional nine lots along Vance Street/174th Avenue,
including the Riverview Sports Area. The APS property is excluded from both
the Phase I and Ultimate preliminary plats. It will be necessary, however, in the
Ultimate scenario to acquire a small piece of property to extend the street out to
TH 10.
2. Both preliminary plats should provide drainage and utility easements along the
created lot lines of the existing businesses.
3. There are two gas lines which cross Lot 1 in the southeast corner. The gas line
company easement should be shown on both plats.
4. Lot 4 Block 1 in the Phase I scenario is exactly one acre in size; however, the
grading plan shows that approximately 15% of the lot is used for a retention
pond.
5. In the Phase I scenario, there are sanitary sewer and water main, a temporary
cul-de-sac, and the retention pond outside of the platted area. There will need to
be an easement provided for the construction of these improvements.
O:\PROJ\809020J\Ltr-061900-McPherson.doc
1326 Energy Park Drive · St. Paul, MN 55108 ° 651/644-4389 fax 651/644-9446 toll free 888/368-4389
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D~te: 4/24/00 Reg, No, 21729
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LEGAL DESCRIPTION
THAT PART OF THE SOUTH HALF OF THE SOUTHWEST QUARTER THAT LIES
NORTHEASTERLY OF THE NORTHEASTERLY ~GHT-OF-WAY OF U.S. HIGHWAY
NO. lO ANO SOUTHWESTERLY OF THE RAILROAD RIGHT-OF-WAY BEING IN
SECTION 2, TOWNSHIP 32, RANGE 26, SHERBURNE COONTY, MINNESOTA-
EXCEPT THE NORTH t00 FEET THEREOF. SL~JECT TO THE TOWN ROAD
(173RD AVENUE N.W.)
0
SCALE
lO0
200
30O
Drainage and Utility Easements
shown thus:
Being I0 feet In width and ad~oining right-
of-way Ii~es, unless otherwise ~ndlcated, also
being 5 feet in width and ad~olning lot lines.
TOTAL PLAT AREA: 24.14 Ac.%
HUMBER OF LOTS : 18
EXISTING ZONING: C-3
PROPOSED ZONING:
MINIMUM LOT SIZE: 1.0 Ac.
MIN, LOT WIDTH : 100 FT
BE3~ICHMARK:
TRIPLE SPIKE SET IN NORTH FACE OF POWER POLE.
SECOND POWER POLE EAST OFHIGHWAYt0,
SOUTH SIDE OF 173RD AVENUE.
ELEVATION = 886.42
SETBACKS Front: 25 FT.
Side: 20 FT.
Rear: 40 FT.
0 Denotea I/2 inch x 14 inch
iron pipe with plastic plug
stamped R.L.S. 21729
· Denotes a found iron pipe.
MAJOROWNERS & DEVELOPERS
Les Lundquist FToyd Kruse
cio RIver~ew Sparf$ ~ MarineP.O. Box 3l~,~
17445 Highway /0 Monticello, MN 55362
ETk River, MN 55J30 612-878-4449 ~H)
612-441-t799 612-Z71-3025 (W)
5URVEYOt?$ & ENGINEERS
John Oliver & Asaociate$, /nc.
580 Dodge A~enue
Elk River, Mn. 55330
612-441--2072
SHEET NO.
K AND L ADDITION
N. LINE OF THE 5. I/2 ~ THE SW
~t c, X C E P T !
~ .... N8,9'4~'2'6'£ 717.59
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JJ5.77
173RD A VENUE NW.
245,00
~ .... N~9*$7'2,5"E 1252.56 ....
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~ s. UNE OF THE SW I/4 OF SEC. 2
265.08
N89°J7'2J'E 50~.08
59L4J
City Of Elk River
Sherburne County, MN
0 I00 200 500
SCALE IN FEET
lINCH = 100 FEET
Drainage and Utility Easements shown thus:
13eing I0 feet in width and adjoining right-
of-way lines, un~e@s otherwise indicated, also
being 5 feet in width and adjoining lot lines,
unless otherwise indicated, as shown on the plat.
For the purposes of this plat, the South
line of the Southwest I/4 of Section 2.
Township 32, Range 26 is assumed to
bear NBg°57'25"E.
0 Denotes iron pipe set.
Denotes t/2 inch x 14 inch iron pipe with
plastic plug stomped R,L.S. 21729 to be
set within I year of recording this plot.
· Denotes a found iron pipe.
DATE RECEIVED
ll.c o. _
Ms. McPherson
June 19, 2000
Page 2
Preliminary Grading Plan
1. Lot I Block 1 has relatively steep access off 173rd Avenue, is only one acre in
size, and a portion of the southeast corner of the lot is occupied by an existing
gas line easement. We question whether or not this lot is buildable.
2. In the Phase I condition, a large retention pond is proposed to hold the storm
water runoff. This pond has no outlet and will operate through infiltration. No
drainage calculations have been provided at this time. The side slopes on this
pond must be 4:1 or flatter or the pond needs to be fenced.
o
In the Ultimate scenario, the pond is reduced substantially in size and an outlet is
shown under the railroad tracks to the City ditch on the east side of the tracks. It
is acceptable to provide an outlet under the tracks; however, a pond must be
provided prior to outletting that handles both the sediment control for the entire
area plus restricts the discharge under the railroad tracks to the pre-existing
conditions for the property. The City ditch on the east side of the railroad tracks
flows ultimately to a large pond constructed with the East Elk River
improvements. This pond has not been sized to accept unrestricted flow from
the K&L Addition. Storm drainage calculations will be needed also for the
Ultimate condition. We would recommend that these calculations be done with
Phase I so an adequately-sized area can be set aside for ponding in the future.
An emergency overflow location and elevation should be shown near the catch
basins in Vance Street, such that in a case where the catch basins are plugged,
water will overtop the curb and flow into the pond.
The typical street section on the preliminary grading plan should have B618
concrete curb and gutter instead of B612. The bituminous base course should
be two inches in thickness rather than an inch and a half.
In most other commercial/industrial areas, concrete sidewalk is a part of the
street section. We question whether or not concrete sidewalk should be included
in this addition.
Preliminary utility plan
1. The Phase I preliminary utility plan shows water main looped through from 173rd
Avenue to the frontage of road of TH 10. Easement will be needed for this
looping outside of the proposed Phase I plat. The water main should be a
minimum eight inches in diameter with six-inch pipe used for hydrant leads.
2. Hydrant spacing in commercial/industrial areas is required to not exceed three
hundred feet. There will be additional hydrants needed to maintain this three
hundred-foot maximum spacing.
3. The sanitary sewer is shown in the Phase I preliminary plat to be extended from
173r~ Avenue up Vance Street just beyond the plat boundary. In the Ultimate
scenario it continues around Vance Street to the TH 10 frontage road. In the
Phase I scenario, sanitary sewer should be added to provide service to Lot 3
Block 2. In the Ultimate scenario, sanitary sewer needs to be added to provide
service to Lots 12 and 13, Block 1.
O:\PROJ\809020J\Ltr-061900-McPherson.doc
Howard R, Green Company
CONSULTING ENGINEERS
Ms. McPherson
June 19, 2000
Page 3
If you have any questions regarding any of these comments, please call.
Sincerely,
Howard R. Green Company
Cc: Jim Klein, John Oliver and Associates
O:\PROJ\809020J\Ltr-061900-McPherson.doc
Howard R, Green Company
OONSULTING ENGINEER8
RESOLUTION NO. 00 -
CITY OF ELK RIVER
A RESOLUTION GRANTING FINAL PLAT APPROVAL FOR:
K & L Addition
Case No. P 00-1
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 July 17, 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:
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.
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.
F°
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.
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:
S:\DOCUMENT~RESOLUTI\p00-1 .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
S:\DOCUMEN'I~RESOLUTI~p00-1 ,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
S:\DOCUMENT~RESOLUTI~p00-1 .doc Page 4
EXHIBIT A
Legal Description:
That part of the South Half of the Southwest Quarter that lies northeasterly of the
Northeasterly right-of-way of U.S. Highway No. 10 and Southwesterly of the
railroad right-of-way being in Section 2, Township 32, Range 26, Sherburne
County, Minnesota.
Except the North 100 feet thereof. Subject to the Town Road (173rd Avenue
N.W.)
S:\DOCUMENT~RESOLUTI\p00-1 .doc Page 5
EXHIBIT B
1. A DEVELOPERS AGREEMENT BE PREPARED AND EXECUTED OUTLINING THE TERMS
AND CONDITIONS OF THE DEVELOPMENT PRIOR TO RELEASING THE FINAL PLAT FOR
RECORDING.
2. ALL OF THE CITY ENGINEER'S COMMENTS BE ADDRESSED.
3. PARK DEDICATION FEES IN THE AMOUNT REQUIRED BY THE CITY BE PAID PRIOR TO
RELEASING THE FINAL PLAT FOR RECORDING.
4. STORMWATER MANAGEMENT FEES IN THE AMOUNT REQUIRED BY THE CITY BE PAID
PRIOR TO RELEASING THE FINAL PLAT FOR RECORDING.
5. STREET LIGHTS AS REQUIRED BY ELK RIVER UTILITIES BE INSTALLED.
6. A SEALCOAT FEE IN THE AMOUNT DETERMINED BY THE CITY BE PAID PRIOR TO
RELEASING THE FINAL PLAT FOR RECORDING.
S:\DOCUMEN~RESOLUTI\p00-1 .doc Page 6
~O'd ]WIOI
Howard R, Green Company
CONSULTING ENGINEERS
July 13, 2000
File: 809020J-0240
Ms. Michele McPherson
Director of Planning
City of Elk River
13065 Orono Parkway
Elk River, MN 55330
RE:
K&L ADDITION
FINAL PLAT
CITY OF ELK RIVER, MINNESOTA
Dear Ms. McPherson;
As requested, we have reviewed the final plat for Phase I of the K&L Addition. Based on our
review, we would offer the following comments:
The final plat consists of four lots around the existing buildings and four new lots on the
east side of Vance Street.
Lot 1, Block 1 should show the existing easement for the gas main that crosses in the
southeast corner of the lot.
Outlot A should show the necessary easement for the storm drainage pond and dedicate
street for the cul-de-sac. Outlot A should also show an easement necessary, for the
extension of the watermain loop to Trunk Highway 10.
The plat should show limited access along Trunk Highway 10.
If you have any questions regarding any of these comments, please call.
Sincerely,
Howard R. Green Company
aurer, P.E.
TJM/mjw
Ltr-O71300-McPhe~son.do¢