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5.3. SR 12-20-2004 Item # 5.3. MEMORANDUM FROM: Mayor and City Council Michele MCPhers&ector of Planning TO: DATE: December 20, 2004 SUBJECT: Case No. P 04-22 Request by Fischer Sand & Aggregate, LLC/Associated Investors of Elk River, Inc. for Final Plat Approval - Elk River Crossing 6th Addition Request The applicant requests final plat approval of Elk River Crossing 6th Addition, a replat of Lot 1, Block 3, Elk River Crossing and Lot 1, Block 1, Elk River Business Park. Attachments . Location Map . Memo from the City Engineer dated December 10, 2004 . City Council Minutes of June 19,2000 . Final Plat Resolution . Final Plat Location Southwest corner of the intersection of 179th Avenue and Twin Lakes Road, north of Industrial Circle Land Use/Zoning HB, Highway Business/POO, Planned Unit Development Elk River Crossing 6th Addition December 20, 2004 Page 2 Overview On November 1,2004, the City Council re-guided and rezoned Lot 1, Block 1 Elk River Business Park from Light Industrial/Business Park to Highway Business/Planned Unit Development. The purpose of these actions was to allow for the combining and re- subdividing of the two lots in order to accommodate Maxsun Furniture and Tractor Supply. The ftnal plat is consistent with the preliminary plat reviewed on November 1;t. The Planned Unit Development zoning does not have minimum lot area or lot width requirements, however, the parcels are of sufftcient size to accommodate the proposed uses. Transportation Issues As noted in the City Engioeer's memo, the applicant is being asked to provide an additional 10 feet of right-of-way along 179'h Avenue to accommodate any future expansion of the roadway, should it be necessary. This is consistent with the Council's requirement ofWal- Mart. A preliminary site plan for Maxsun Furniture has been submitted, indicating a shared entrance from 179'h Avenue, located south of and across from the exit out of Home Depot on the north side of 179'h A venue. The Engioeer suggests that a cross access easement for customer vehicles be granted between the two lots for this access. Further, the Engioeer also suggests that delivery and service vehicles be limited to Industrial Circle for both sites and that a second cross access easement be granted. These access easements will be conditions of site plan approval as well. In order to improve vehicular movements on Zane Street/179'h Avenue, restriping to three lanes should be considered by the Council. The applicant should pay for this restriping due to the change in land use and zoning from Industrial to Commercial, thereby increasing the number of trips. Pedestrian Connection As part of the Elk River Crossing plat, a 10-foot wide sidewalk easement was granted over Lot 1, Block 3 in order to provide a pedestrian connection from the commercial to the business park development. Based on the preliminary site plan, this easement is in an inappropriate location. The applicant should dedicate a new easement for sidewalk purposes along the west lot lioe of Lot 2, Block 1 Elk River Crossing 6"'. The construction of the physical sidewalk will be a from 179'h A venue to Industrial Circle within this easement will be a requirement of the site plan approval for Maxsun Furniture. Park Dedication The City Council, in June of 2000 (minutes attached) agreed to reduce the park dedication fees for Elk River Business Park by 50%. The fees were then to be prorated over the remaining industrial lots to be developed. Now that that Lot 1, Block 1 Elk River Business Park has been rezoned to Commercial, staff believes that it is appropriate to require cash S:\PLANNING\Case Files\2004\P 04-22 E R Crossing 6th\12 20 04 CC.doc TRAILS LEGEND EXISllNG SIDEWALK . . . . . . . . FUTURE SIDEWALK 000000000000000000 EXISTING PAVED TRAIL _ _ _ _ _ FUTURE PAVED TRAIL r)oc'ooooC.CCOOOGC FUTURE TRAIL ................ FUTURE WIDENED SHOULDER ~ 0;., <Q .<) 0", '1> ." Location Map Case Number: ZC 04-09, LU 04-04, CU 04-33 & P 04-22 1f N 13065 Orono Parkway Elk River, MN 55330 December 10, 2004 File No. 824480J-0240 Ms. Michele McPherson Director of Planning City of Elk River 13065 Orono Parkway Elk River, MN 55330 RE: ELK RNER CROSSING 61H ADDITION FINAL PLAT REVIEW Dear Ms. McPherson: As requested, we have reviewed the final plat for the Elk River Crossing 6"' Addition. The plat was prepared by Probe Engineering Company. Based on our review and relative to actions taken by the Planning Commission and City Council on the preliminary plat, we would offer the following comments: 1. The fmal plat should provide restricted access along the entire Twin Lakes Road (Tyler Street) frontage. 2. It should be a requirement of the final plat that the appropriate cross access agreements be provided such that both lots one and two can share a common customer access off of 179m Avenue directly opposite the Home Depot existing access. 3. It should further be a requirement of the final plat that the site plans for the two lots be required to provide delivery and service vehicle access from Industrial Circle. Again, cross access agreements will likely be needed to accommodate this. 4. Due to the increased traffic provided from the rezoning to a commercial use, it is recommended that a condition of the plat be a requirement to pay $15,000 for the restriping of 179m A venue/Zane Street to a three-lane configuration with a center turn lane. 5. A condition on the recently approved Wal-Mart expansion to the north was that the owners work with the ciZ to provide additional right-of-way/ easement for potential widening of Zane Streer/179' Avenue. It appears through preliminary discussions with Wal-Mart's Phone: 763.635.1000 Fax: 7636351090 S:\PLANNING\Case Ftles\2004\P 04-22 E R Crossing 6th\12 10 04 Engineers memo.doc www.cLelk-river.mn.us engineer that this widening of the usable right-of-way area will be lO-feet in width. We would recommend that lO-feet of additional right-of-way be provided along the 179m Avenue frontage from the plat of Elk River Crossing 6m Addition to accommodate any future widening of the street section. If you have any questions regarding any of the comments, please call. Sincerely, Howard R. Green Company ~frIl~ llerry].11aurer,P.E. S:\PLANNJNG\Case Ftles\2004\P 04-22 E R Crossing 6th\12 1004 Engineers memo.doc I Elk. River City Council Meeting . June 19 2000 Page 6 services to the plat. He further indicated he did not feel the pro receiving the maximum density bonus. ARRIED 3-1. Councilmember Motln opposed. 6.3. Reauest bv Brookstone Development to Waive Park Dedication Fees for Elk River Business Park Director of Planning Michele McPherson indicated that Brookstone. Inc" representing the limited Liaqility Partnership associated with the Elk River Business Park is requesting the council waive the park dedication fees required by the final plat In the amount of $63.940. She explained that the request to waive the fees is based on the issue that Brookstone. Inc. feels it did not receive adequate notice from the city regarding the fact that Brookstone. Inc. would be responsible for park dedication fees. Council member Farber indicated he was in favor of waiving the fees as the developer was not informed that he would have to pay park dedication fees up front. Council member Thompson suggested phasing the fees in as the fees were phased in for residential property. Richard Martens, Brookstone; Inc., representing Elk River Business Park. informed the council that they were unaware that they were responsible for park dedlcatJon fees. He further noted that he had understood that the surface water management fee would be $136 per acre. which is the residential lot fee and the industrial lot fee that is required is $876 per acre. He indicated that his company did not budget for these fees up front and requested the City Council to allow the developers to pay any required fees at time of building permit issuance. Park and Recreation Commissioner John Kuester requested that the council not waive the park dedication fees. He noted that the Park and Recreation Commission discussed this detail in length. He noted the concern is that of separoting park and recreation as an amenity from econornic development. He noted that park and recreotion is a prime factor In the marketing of economic development. Councilmember Farber indicated that because the developer was not informed of the park dedication fee, he did not feel it would be fair to require the developer to pay the fee. He further indicated that he feels a mistake was made in the surface water management fee on the developers part and felt that the developer should be responsible for this fee. Councilmember Motin indicated he was in favor of collecting at least a portion of the park dedication fee. Councilmember Thompson indicated that he was in favor of negotiating a fee. but not in favor of entirely forgiving the park dedication fee. Elk River City Council Meeting June 19 2000 Page 7 Richard Martens, again requested the council to consider assessing the park dedication and surface water management fees on a pro-rata basis against each parcei at the time of buiiding permit issuance. Park and Recreation Commissioner Dana Anderson indicated he was in favor of having the developer pay the park dedication fee and stated he was concerned about the city setting a precedence regarding the pay-as-you-go procedure. Mayor Kiinzing indicated that she is interested in collecting all of the park dedication fees and is interested in allowing deferment of payment until time of building permit application. COUNCILMEMBER FARBER MOVED TO WAIVE THE PARK DEDICATION FEE. THE MOTION DIED FOR LACK OF ASECOND. COUNCILMEMBER THOMPSON MOVED TO DIRECT STAFF TO NEGOTIATE THE PARK DEDICATION FEE WITH THE DEVELOPER AND METHOD OF PAYMENT AND TO REPORT BACK TO THE CITY COUNCIL. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 3-1. Mayor Kiinzing opposed. It was the consensus of the councii that the Park and Recreation Commission would not be a part of these negotiations. Senior Planner Scott Harlicker indicated that Home Depot is request' an easement vacation for a portion of a drainage and utiiity ease t located at the northeast corner of Lot 1. Block 1. Home Depot Addition. ott reviewed the staff report. 6.4. Re uest b Home De at U.S.A. Inc. for Easement Vacation No. EV 00-5 Mayor Kiinzing opened the public hearing. There b . g no one far or against the matter, Mayor Klinzing closed the public hearin COUNCILMEMBER THOMPSON MOVED TO OPT RESOLUTION 00-43 FOR VACATING DRAINAGE AND UTILITY EAS ENTS, CASE NO. EV 00-5 WITH THE FOLLOWING CONDITION: 6.5. 1. CITY ENGINEER BE ADDRESSED. COUNCILMEMBER FA SECONDED THE MOTION. THE MOTION CARRIED 4-0. Public Direc r of Planning Michele McPherson stated that the City of Elk River is re esting to vacate the drainage easement for a portion of Branch A Ditch 10. iocated on the Elk River Business Park property. Michele reviewed the staff report. RESOLUTION NO. 04- CITY OF ELK RIVER A RESOLUTION GRANTING FINAL PLAT APPROVAL FOR: Case No. P 04-22 WHEREAS, application has been made for final plat approval, pursuant to Section 1008.08 (l)(c) ofthe Elk River City Code of Ordinances, ofthe 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 ~ovember1,2004;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; ~OW, lliEREFORE, BE IT RESOLVED BY TIlE CITY COUNCIL OF lliE CITY OF ELK RIVER, as follows: 1. 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 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. 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. 2. Final plat approval is hereby granted for the Property, subject to the conditions set forth in attached Exhibit B. 3. 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. 4. Tbe 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. 5. 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: Tbe following were absent: WHEREUPON the resolution is adopted. Passed and adopted this _ day of ,2004. Stephanie Klinzing, Mayor 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. WTINESS 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. Notary Public STATE OF MINNESOTA SS. COUNTY OF SHERBURNE The foregoing instrument was acknowledged before me this _ day of , 2004, by Joan Schmidt, City Clerk, City of Elk River, Minnesota. Notary Public Page 3 EXHIBIT A Legal Description: Lot 1, Block 3, Elk River Crossing, Sherburne County, Minnesota AND, Lot 1, Block 1, Elk River Business Park, Sherburne County, Minnesota Page 4 EXHIBIT B Conditions: 1. THE DESIGN STANDARDS FOR ELK RIVER CROSSING PLANNED UNIT DEVELOPMENT SHALL BE APPLIED TO THE BUILDINGS WITHIN THE PLAT. 2. TEN FEET OF RIGHT-OF-WAY SHALL BE DEDICATED ALONG THE NORTH LINE OF THE PLAT. 3. THE PLAT SHALL HAVE RESTRICTED ACCESS ALONG TWIN LAKES ROAD. 4. THE APPLICANT SHALL PAY $15,000 TOWARDS THE RESTRIPING OF ZANE STREET AND 1791H AVENUE. 5. THE APPLICANT SHALL PROVIDE A 10-FooT SIDEWALK EASEMENT ALONG THE WEST LINE OF LOT 2, BLOCK 1, ELK RIVER CROSSING 61H ADDITION. 6. THE APPLICANT SHALL PAY PARK DEDICATION ON THAT PART OF THE PLA T PREVIOUSLY KNOWN AS LOT 1, BLOCK 1, ELK RIVER BUSINESS PARK. SAID DEDICATION SHALL BE PAID AT THE COMMERCIAL RATE AT THE TIME OF THE PLAT RECORDING. 7. CROSS ACCESS EASEMENTS SHALL BE GRANTED BETWEEN THE TWO LOTS FOR THE SHARED ENTRANCE/EXIT FROM 1791H AVENUE FOR CUSTOMER VEHICLES ONLY. 8. CROSS ACCESS EASEMENT SHALL BE GRANTED BETWEEN THE TWO LOTS FOR SERVICE AND DELIVERY VEHICLES FROM INDUSTRIAL CIRCLE. PageS I I I i i !I , , I o ...... ~r= m...., ~C":>> OC) !!1-a Q~:~ ---- 1""- :\i- -:0 "z.. ~~g ::.",'" -..'" .... ~z . GI (J) ::I: ITI ITI -I N z il 0 1'"1 -., ,~ ." N ~I (J) ! ::I: ITI ITI ~ L "-... '" ~\ ( \ O)~~~. \ ~~~ \ ... . "'gg;, I --r-n-.o- I I I I I I I I I I I I I ~ ;.?'~ ", '., I~~. '0 ,,' --i :1.) b: f" " '" "'" ..'" "'''' ...., g", \) ,J. ", ~,' ('.: f" rq '0 I I I 1 I I I 1 I I I I I I I I I I I I I I I L aJ rn rn 00 CJ --I ~: --- l'J " o 0 . 01:0:::0 0 ~ ~~~~ Z 0 lTI%cO ~ :tIVli::ii1 ,i1"1';2tn ~ ~E-;, ~ VlO:::~1V If "m . . o~ m ~;o!::-< " . 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MEMORANDUM FROM: Mayor and City Council Michele MCPhers~rector of Planning TO: DATE: December 20, 2004 SUBJECT: Case No. P 04-22 Request by Fischer Sand & Aggregate, LLC/Associated Investors of Elk River, Inc. for Final Plat Approval - Elk River Crossing 6th Addition Request The applicants are requesting that this request be postponed until February 2005 when the site plan for Maxsun Furniture is anticipated to be reviewed by the City Council for approval. They would like time to further review the conditions of the fInal plat to determine if the request for additional right of way will have any impact on that user. There are no 60-day issues related to this request, as the preliminary plat has been approved.