5.3. SR 02-22-2005
Item # 5.3.
MEMORANDUM
TO:
FROM:
Mayor and City Council
Michele MCPherso~rector of Planning
DATE:
February 22, 2005
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/PUD, Planned Unit Development
Elk River Crossing 6th Addition
February 22, 2005
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 fmal plat is consistent with the preliminary plat reviewed on November 1 st. The
Planned Unit Development zoning does not have minimum lot area or lot width
requirements, however, the parcels are of sufficient size to accommodate the proposed uses.
Transportation Issues
As noted in the City Engineer's memo, the applicant is being asked to provide an additional
10 feet of right-of-way along 179th 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 179th Avenue, located south of and across from the exit out of Home Depot
on the north side of 179th Avenue. The Engineer suggests that a cross access easement for
customer vehicles be granted between the two lots for this access. Further, the Engineer
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/179th 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 line of Lot 2, Block 1 Elk River Crossing 6th. The construction of the
physical sidewalk will be a from 179th Avenue 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\2 22 05 CC.doc
Elk River Crossing 6th Addition
February 22, 2005
Page 3
dedication for that portion of the plat to be paid at the commercial rate. This would require
payment of approximately $21,870 (4.86 acres at $4,500 if the plat is recorded prior to the
end of 2004). The outstanding park dedication balance for the industrial portion will then be
reapportioned to those remaining vacant industrial lots.
Previous Conditions of Approval
A review of the approvals for both Elk River Crossing 1 st_5th Additions and Elk River
Business Park found that all other conditions have been met.
Recommendation
Staff recommends that the City Council approve the ftnal plat of Elk River Crossing 6th
Addition with the following conditions:
I. 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 I 79TH AVENUE.
5. THE APPLICANT SHALL PROVIDE A 10-FOOT SIDEWALK
EASEMENT ALONG THE WEST LINE OF LOT 2, BLOCK I, ELK RIVER
CROSSING 6TH ADDITION.
6. THE APPLICANT SHALL PAY PARK DEDICATION ON THAT PART
OF THE PLAT PREVIOUSLY KNOWN AS LOT I, BLOCK I, 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 179TH
AVENUE FOR CUSTOMER VEHICLES ONLY.
8. CROSS ACCESS EASEMENT SHALL BE GRANTED BETWEEN THE
TWO LOTS FOR SERVICE AND DELIVERY VEHICLES FROM
INDUSTRIAL CIRCLE.
S,\PLANNING\Case Files\2004\P 04-22 E R Crossing 6th\2 22 05 CC.doc
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Location Map
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Case Number: ZC 04-09, LU 04-04, CU 04-33 & P 04-22
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 RIVER CROSSING 61H ADDITION
FINAL PLAT REVIEW
Dear Ms. McPherson:
As requested) we have reviewed the final plat for the Elk River Crossing 6th 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 final 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 179th
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 179th Avenue/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 Street/179 Avenue. It appears through preliminary discussions with Wal-Mart)s
Phone: 763.635.1000
Fax: 763.635.1090
S:\PLANNING\Case Files\2004\P 04-22 E R Crossing 6th \12 1004 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 6th 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
~p;~
lletryJ.11aurer,P.E.
S:\PLANNING\Case Files\2004\P 04-22 E R Crossing 6th\12 1004 Engineers memo.doc
Elk River City Council Meeting
June 19. 2000
Page 6
services to the plat. He further indicated he did not feel the proposal should be
receiving the maximum density bonus.
THE MOTION CARRIED 3-1. Councilmember Motin opposed.
6.3. Request 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 Liability 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.
Councilmember 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.
Councilmember 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
dedication 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
separating park and recreation as an amenity from economic development. He
noted that park and recreation is a prime factor in the marketing of economic
development.
Council member 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.
Council member Motin indicated he was in favor of collecting at least a portion of
the park dedication fee.
Council member 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 parcel at the time of building 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 Klinzing 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 A SECOND.
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 Klinzing opposed.
It was the consensus of the council that the Park and Recreation Commission
would not be a part of these negotiations.
6.4. Request by Home Deoot U.S.A., Inc. for Easement Vacation, Public Hearinq Case
No. EV 00-5
Senior Planner Scott Harlicker indicated that Home Depot is requesting an
easement vacation for a portion of a drainage and utility easement located at
the northeast corner of Lot 1, Block 1, Home Depot Addition. Scott reviewed the
staff report.
Mayor Klinzing opened the public hearing. There being no one for or against the
matter, Mayor Klinzing closed the public hearing.
COUNCILMEMBER THOMPSON MOVED TO ADOPT RESOLUTION 00-43 FOR
VACATING DRAINAGE AND UTILITY EASEMENTS, CASE NO. EV 00-5 WITH THE
FOLLOWING CONDITION:
1. ALL COMMENTS OF, THE CITY ENGINEER BE ADDRESSED.
COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 4-0.
6.5. Reauest by City of Elk River for Easement Vacation - Brach A, Ditch # 1 0, Public
Hearina Case No. EV 00-4
Director of Planning Michele McPherson stated that the City of Elk River is
requesting to vacate the drainage easement for a portion of Branch A, Ditch
#10, located on the Elk River Business Park property. Michele reviewed the staff
report.
RESOLUTION NO. 05-
CITY OF ELK RIVER
A RESOLUTION GRANTING FINAL PLAT APPROVAL FOR:
Case No. P 04-22
WHEREAS, application has been made for fmal plat approval, pursuant to Section
1008.08 (l)(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
~ovemberl,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, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF 1HE
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, b~t 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. 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.
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:
The following were absent:
WHEREUPON the resolution is adopted.
Passed and adopted this _ day of
,2005.
Stephanie Klinzing, Mayor
ArrEST:
Joan Schmidt, City Clerk
Page 2
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 3
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-FOOTSIDEWALK
EASEMENT ALONG THE WEST LINE OF LOT 2, BLOCK 1, ELK
RIVER CROSSING 61H ADDITION.
6. THEAPPLICANTSHALLPAYPARKDEDICATIONONTHATPART
OF THE PLAT 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.
Page 4
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