Loading...
3.5. SR 05-10-1999 rei ---'\) ( ~ lIi( ** I tern # 3. 5 . ** MEMORANDUM FROM: The Mayor and City Council Stephen Wensman, Planner ~ May 10, 1999 DATE: SUBJECT: Resolution Granting Final Plat Approval of Leon LeFebvre Second Addition P 98-9 Note . On February 16, 1999, the Council moved to approve preliminary and final plat approval of Leon LeFebvre Second Addition, P 98-9. At that time, staff omitted attaching the document, Resolution No. 99-_, as is the normal procedure. The conditions of approval in the Resolution are the same as those approved on February 16, 1999. Attachments - Resolution No. 99-_ - February 16, 1999, Council Minutes Request It is requested that the Council adopt this Resolution granting final plat approval for Leon LeFebvre Second Addition. . \\elkriver\sys\shrdoc\planning\stevewen\ccmmo\p98-9mmo.doc 13065 Orono Parkway - P.O. Box 490 - Elk River, MN 55330 - TDD & Phone: (612) 441-7420 - Fax: (612) 441-7425 . . . RESOLUTION NO. 99 - CITY OF ELK RIVER A RESOLUTION GRANTING FINAL PLAT APPROVAL FOR: LEON LEFEBVRE SECOND ADDITION Case No. P 98-9 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 February 16. 1999; 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: 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. 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 and duly seconded by Council Member Member . The motion WHEREUPON the resolution is adopted. Passed and adopted this _ day of ,1999. Stephanie Klinzing, Mayor Resolutions I P 98-9 Page 2 . . . STATE OF MINNESOTA COUNTY OF SHERBURNE CITY OF ELK RIVER CERTIFICATE 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 , 1999. WITNESS my hand officially as such Clerk and the corporate seal of the City this _ day of , 1999. STATE OF MINNESOTA SS. COUNTY OF SHERBURNE Sandra Peine, City Clerk The foregoing instrument was acknowledged before me this _ day of , 1999, by Stephanie Klinzing, Mayor, City of Elk River, Minnesota. Resolutions I P 98-9 Notary Public Page 3 . . . STATE OF MINNESOTA SS. COUNTY OF SHERBURNE The foregoing instrument was acknowledged before me this _ day of , 1999, by Sandra Peine, City Clerk, City of Elk River, Minnesota. THIS INSTRUMENT WAS DRAFTED BY: DOHERTY RUMBLE & BUTLER 3500 Fifth Street Towers 150 South Fifth Street Minneapolis, MN 55402-4235 Resolutions / P 98-9 Page 4 Notary Public . . . EXHIBIT A Lot 1 and OUTLOT B, LEON LEFEBVRE ADDITION, Sherburne County, Minnesota and That part of the North Half of the Northeast Quarter of Section 11, Township 32, Range 26, Sherburne County, Minnesota which lies Southwesterly of the Burlington Northern Railroad and which lies Northwesterly of a line drawn parallel with a distant 18.048 meters (59.21 feet) Northwesterly of the following described line: Beginning at the Southwest corner of the Northeast Quarter of the Northwest Quarter of said Section 11; thence South 89 degrees 59 minutes 53 seconds East, on an assumed bearing along the South line of said Northeast Quarter of the Northwest Quarter, a distance of 73.704 meters (241.81 feet); thence Easterly, a distance of 39.866 meters (130.79 feet) along a tangential curve concave to the North having a radius of 198.567 meters (651.47 feet) and a central angle of 11 degrees 30 minutes 11 seconds; thence North 78 degrees 29 minutes 56 seconds East, tangent to the last described curve, a distance of 10.000 meters (32.81 feet); thence Easterly, a distance of 39.866 meters (130.79 feet), along a tangential curve concave to the South having a radius of 198.567 meters (651.47 feet) and a central angle of 11 degrees 30 minutes 11 seconds; thence South 89 degrees 59 minutes 53 seconds East tangent to the last described curve, a distance of 196.608 meters (645.04 feet); thence Easterly and Northeasterly, a distance of 84.945 meters (278.69 feet) along a tangential curve concave to the Northwest having a radius of 125.000 meters (410.10 feet) and a central angle of 38 degrees 56 minutes 09 seconds; thence North 51 degrees 03 minutes 58 seconds East, tangent to the last described curve, to the Southwesterly right-of-way line of said Burlington Northern Railroad and there terminating. Resolutions I P 98-9 Page 5 . EXHIBIT B 1. THE DEVELOPERS AGREEMENT BE AMENDED, SIGNED AND EXECUTED OUTLINING THE TERMS AND CONDITIONS OF APPROVAL PRIOR TO RELEASING THE PLAT FOR RECORDING. 2. THE PLANNED UNIT DEVELOPMENT AGREEMENT OUTLINING THE TERMS AND CONDITIONS OF THE PLAT APPROVAL AND INSTALLATION OF IMPROVEMENTS BE PREPARED, SIGNED AND EXECUTED PRIOR TO RELEASING THE PLAT FOR RECORDING. 3. A TEMPORARY EASEMENT FOR CONSTRUCTION OF SEWER AND WATER BE GRANTED TO THE CITY IN EXCHANGE FOR OWNERSHIP OF THE CITY PARCEL PRIOR TO RELEASING THE PLAT FOR RECORDING. 4. THE EXISTING DRAINAGE AND UTILITY EASEMENT BETWEEN LOT 1, BLOCK 1 AND OUTLOT A BE VACATED PRIOR TO RELEASING THE PLAT FOR RECORDING. . . Resolutions / P 98-9 Page 6 . . . Request by LeFebvre Companies, Inc. for Rezoninq, ZC 98-12 Planner Steve Wensman presented the staff report for the rezoning (Item 6.5.), preliminary and final plat (Item 6.6.) and conditional use permit (Item 6.8.). 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 APPROVE ORDINANCE NO. 99-8 APPROVING THE REZONING OF LI (LIGHT INDUSTRIAL) TO PUD (PLANNED UNIT DEVELOPMENT) BASED ON THE FOLLOWING FINDINGS: 1. THE REZONING IS CONSISTENT WITH THE LI (LIGHT INDUSTRIAL) LAND USE FOUND IN THE COMPREHENSIVE PLAN. 2. TIMES AND CONDITIONS ARE SIMILAR TO THE ADJACENT REZONING FROM 11 TO PUD, AND THE APPLICANTS BUSINESS HAS GROWN. 3. THE PROPOSED REZONING IS CONSISTENT WITH THE PROPOSED EXPANSION OF THE URBAN SERVICE AREA AND THE CONCEPT OF PROVIDING INDUSTRIAL LAND WITHIN THE URBAN SERVICE AREA. 4. THE PROPOSED ZONING DISTRICT IS COMPATIBLE WITH THE ADJACENT ZONING DISTRICTS. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 5-0. 6.6. Request by LeFebvre Companies, Inc. for Preliminary and Final Plat (Leon LeFebvre Second Addition), P 98-9 Mayor Klinzing opened the public hearing. There being no one for or against the matter, Mayor Klinzing closed the public hearing. COUNCILMEMBER MOTIN MOVED TO APPROVE THE REQUEST BY LEFEBVRE COMP ANIES FOR PRELIMINARY AND FINAL PLAT TO CREATE AN INDUSTRIAL LOT TO BE COMBINED TO THE ADJACENT LEON LEFEBVRE ADDITION WITH THE FOLLOWING CONDITIONS: 1. THE DEVELOPERS AGREEMENT BE AMENDED, SIGNED AND EXECUTED OUTLINING THE TERMS AND CONDITIONS OF APPROVAL PRIOR TO RELEASING THE PLAT FOR RECORDING. 2. THE PLANNED UNIT DEVELOPMENT AGREEMENT OUTLINING THE TERMS AND CONDITIONS OF THE PLAT APPROVAL AND INST ALLA nON OF IMPROVEMENTS BE PREPARED, SIGNED AND EXECUTED PRIOR TO RELEASING THE PLAT FOR RECORDING. 3. A TEMPORARY EASEMENT FOR CONSTRUCTION OF SEWER AND WATER BE GRANTED TO THE CITY IN EXCHANGE FOR OWNERSHIP OF THE CITY PARCEL PRIOR TO RELEASING THE PLAT FOR RECORDING. . 4. THE EXISTING DRAINAGE AND UTILITY EASEMENT BETWEEN LOT 1, BLOCK 1 AND OUTLOT A BE VACATED PRIOR TO RELEASING THE PLAT FOR RECORDING. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 5-0. 6.8. Reauest bv LeFebvre Companies, Inc. for Amendment to PUD Conditional Use Permit CU 98-29 Mayor Klinzing opened the public hearing. Bob Strong, representing LeFebvre Companies, stated that he agrees with the city ordinance which suggests the planting of a certain number of trees on the 7.51 acre site. He recommended that although the trees will be planted according to code, it may be more prudent to use smaller shrubs rather than large trees near the street due to visibility issues. He stated that Furniture and Things and LeFebvre Trucking already reside in a recessed area, and he would not advise creating a hazard with large trees on a busy street. There being no further comments, Mayor Klinzing closed the public hearing. . Planner Steve Wensman pointed out that one of the conditions of the conditional use permit amendment is that a landscape plan be submitted that conforms to the requirements of the Elk River zoning ordinance, and this plan need to include an additional 7 deciduous overstory trees and 4 ornamental trees prior to releasing the plat for recording. He stated that there is simply a discrepancy in the site plan submitted and what the city ordinance requires, and in the case of location of the trees being a visual hazard, those particular trees are left to the discretion of the LeFebvre Companies. He stated that staff's main concern is that the trees be planted to provide a screen from the future parking area, and that the site plan submitted by LeFebvre Companies is certainly acceptable provided they abide by the City Code. Following council discussion, it was decided that amendments to the conditions on the conditional use permit would be appropriate considering that no trees/landscaping is necessary along the railroad tracks. COUNClLMEMBER FARBER MOVED TO APPROVE THE REQUEST BY LEFEBVRE COMPANIES FOR A CONDITIONAL USE PERMIT AMENDMENT TO INCLUDE THE 7.51 ACRE SITE WITH THE FOLLOWING AMENDED CONDITIONS: 1. THE APPLICANT MUST SIGN A DOCUMENT GRANTING A TEMPORARY EASEMENT TO THE CITY IN EXCHANGE FOR OWNERSHIP OF THE CITY PARCEL. 2. THAT THE LANDSCAPE PLAN AS SUBMITTED BY LEFEBVRE COMPANIES BE INSTALLED WITHIN ONE YEAR FOLLOWING THE COMPLETION OF THE EAST ELK RIVER IMPROVEMENTS. . 3. THAT THE SITE PLAN BE AMENDED TO INCLUDE A B6-12 CONCRETE CURB AND GUTTER FROM ENTRANCE DRIVE ON 171 5T AVENUE NW (SHOWN AS BITUMINOUS) ALONG THE PERIPHERY OF EXISTING PARKING WHERE THE PARKING FRONTS ON THE PUBLIC RIGHT-OF-WAY, EXCEPT WHERE THE PARKING IS ADJACENT PROPOSED FUTURE PARKING. . 4. THAT NO SECOND ACCESS BE ALLOWED ONTO 171ST AVE. NW. 5. THAT CONCRETE CURB AND GUTTER BE ADDED TO THE FUTURE PARKING AREA WHEN THAT AREA IS USED FOR PARKING. MAYOR KLINZING SECONDED THE MOTION. THE MOTION CARRIED 5-0. 6.7. Reauest bv LeFebvre Companies, Inc. for Easement Vacation, EV 98-8 The staff report on this proposal was presented by Planner Steve Wensman. 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 APPROVE THE REQUEST BY LEFEBVRE COMPANIES, INC. TO VACATE THE DRAINAGE AND UTILITY EASEMENTS ON LEON LEFEBVRE ADDITION, LOT 1, BLOCK 1 AND OUTLOT B WITH THE FOLLOWING CONDITION: 1 . THAT THE EASEMENT VACATION BE CONTINGENT ON THE PLATTING OF LEON LEFEBVRE SECOND ADDITION WITH TEN (10) FOOT DRAINAGE AND UTILITY EASEMENTS ALONG THE PROPERTY LINES. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 5-0. . .