6.10. SR 10-18-1999
A.! ~(
( )I
eity of "
Ell{ River
TO:
Item# 6.10.
MEMORANDUM
FROM:
Mayor and City Council
Scott Harlicker, Senior Plann~
October 18, 1999
DATE:
SUBJECT: Request by Associated Developers for
Final Plat, Case No. P 98-8
Reauest
Consider a request by Associated Developers for final plat of Elk River
Crossing
Location
Southeast corner of Main Street and Highway 169
e ZoninI!/Land Use
PUD (Planned Unit Development) / HB (Highway Business)
Attachments
. Location map
. Final plat
. Resolution No. 99-_
. Memo from the City Engineer
Overview
Associated Developers is requesting final plat approval of 70.71 acres for Elk
River Crossing, a 9 lot commercial planned unit development. On May 17,
1999 the City Council approved the preliminary plat and the conditional use
permit for the planned unit development.
e
The plat is designed with 5 freestanding lots along Highway 169 ranging in
size from 1 to 2 acres. There are two large lots, which will accommodate 2 big
box retailers, which are 21.5 and 14 acres in size. The remaining two lots are
13065 Orono Parkway. P.O. Box 490 · Elk River, MN 55330 · TDD & Phone: (612) 441-7420 · Fax: (612) 441-7425
Memo to Mayor and City CouncilJP 98-8
October 18, 1999
Page 2
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4.7 and 7.3 acres in size. There are two outlots, Outlot A and Outlot B, on the
east side of Tyler Street that will be dedicated to the City.
The plat includes construction, by the developer, of a city street (Zane Street
and 179th Avenue) through the project to provide access to the 9 lots. The
street will intersect the existing Main Street/County Road 13 intersection at
the north end of the plat and intersect with Tyler Street at the south end of
the plat. Access to Lots 1 and 2, Block 1 will be a shared driveway from Zane
Street. No direct access will be allowed from Main Street/County Road 12.
Improvements to the intersection of Main Street and Highway 169 and the
intersection of County Road 13 and County Road 12, as well as improvements
to the portion of the road between those two intersections, will be completed
as part of this plat.
The final plat is consistent with the preliminary plat approved on May 17th.
Recommendation
It is recommended the City Council approve final plat for Elk River Crossing
with the following conditions:
. 1. A DEVELOPERS AGREEMENT BE PREPARED AND EXECUTED OUTLINING THE TERMS AND
CONDITIONS OF THE PLAT APPROVAL AND INSTALLATION OF IMPROVEMENTS PRIOR TO
RELEASING THE PLAT FOR RECORDING.
2. A PLANNED UNIT DEVELOPMENT AGREEMENT BE PREPARED AND EXECUTED PRIOR TO
RELEASING THE PLAT FOR RECORDING.
3. A LETTER OF CREDIT BE PROVIDED TO THE CITY IN THE AMOUNT OF 100% OF THE COSTS
OF PUBLIC IMPROVEMENTS.
4. UPON COMPLETING ALL OF THE IMPROVEMENTS AND HAVING THEM ACCEPTED BY THE
CITY, A WARRANTY BOND IN THE AMOUNT OF 25% OF THE IMPROVEMENT COSTS SHALL
BE SUBMITTED TO THE CITY FOR A ONE YEAR PERIOD.
5. SURFACE WATER MANAGEMENT FEE IN THE AMOUNT REQUIRED BY THE CITY AT THE TIME
OF FINAL PLAT BE PAID PRIOR TO RELEASING THE PLAT FOR RECORDING.
6. SEALCOAT FEE IN THE AMOUNT TO BE DETERMINED BY THE CITY ENGINEER BE PAID TO
THE CITY PRIOR TO RELEASING THE PLAT FOR RECORDING.
7. THE NECESSARY DRAINAGE AND UTILITY EASEMENTS BE DEDICATED ON THE PLAT AS
REQUIRED BY THE CITY.
8. ALL COMMENTS OF THE CITY ENGINEER BE ADDRESSED.
. 9. ALL APPROPRIATE WETLAND PERMITS MUST BE OBTAINED PRIOR TO COMMENCING
WORK ON THE SITE.
s: \PLANNING\SCOTT\P98-8F.DOC
Memo to Mayor and City CouncillP 9S-S
October IS, 1999
Page 3
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10. RESTRICTIVE COVENANTS BE PLACED OVER THE WETLANDS. THESE SHALL BE COMPLETED
AND RECORDED WITH THE PLAT.
11. A BOND COVERING THE COST OF THE WETLAND MITIGATION IS REQUIRED AND SHALL BE
MADE PART OF THE DEVELOPERS AGREEMENT.
12. PAYMENT OF PARK DEDICATION FEES IN THE AMOUNT REQUIRED BY THE CITY AT THE
TIME OF FINAL PLAT BE PAID PRIOR TO RELEASING THE PLAT FOR RECORDING.
13. APPROPRIATE CROSS ACCESS / CROSS PARKING EASEMENTS SHALL BE APPROVED BY
THE CITY AND RECORDED WITH THE PLAT.
14. OUTLOTS A AND B SHALL BE DEEDED TO THE CITY.
15. NO ACCESS BE ALLOWED, EXCEPT FOR CROSSING AVENUE, ON TO MAIN STREET OR
18151 AVENUE (COUNTY ROAD 12).
16. THE TWO LOTS ON CROSSING AVENUE CLOSEST TO MAIN STREET HAVE A SHARED
DRIVEWAY.
17. A 10-FOOT WIDE PEDESTRIAN EASEMENT BE DEDICATED ACROSS LOT 1, BLOCK 3 TO
ALLOW FOR THE SIDEWALK CONNECTION BETWEEN THIS PROJECT AND THE BUSINESS
PARK TO THE SOUTH.
.
18. PROOF OF OWNERSHIP OF ALL THE NECESSARY PROPERTIES SHALL BE PROVIDED PRIOR
TO RELEASING THE PLAT FOR RECORDING.
19. THE REVISED PLANS SHOW THE RIGHT-OF-WAY FOR THE PUBLIC ROADWAY.
.
S: '\PLANNING'\SCOTT\P9S-SF.DOC
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RESOLUTION NO. 99 -
CITY OF ELK RIVER
A RESOLUTION GRANTING FINAL PLAT APPROVAL FOR:
ELK RIVER CROSSING
Case No. P 98-8
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 May 17.1999; 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:
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 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 \resolution \p98-8
Page 2
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WHEREUPON the resolution is adopted.
,1999.
Passed and adopted this _ day of
STATE OF MINNESOTA
COUNTY OF SHERBURNE
CITY OF ELK RIVER
Stephanie Klinzing, Mayor
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.
S:document \resolution \p98-8
Notary Public
Page 3
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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.
Notary Public
THIS INSTRUMENT WAS DRAFTED BY:
DOHERTY RUMBLE & BUTLER
3500 Fifth Street Towers
150 South Fifth Street
Minneapolis, MN 55402-4235
S:document\resolution \p98-8
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EXHIBIT A
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KNOW ALL MEN 8"1' THESE PRESENTS~ That Associated Developers of Elk River,
Inc.. <:I Minnesota corporation, fee owner of the following described property
situated in the County of Sherburne. State of Minnesota 10 wit:
That port of the Southeast Quarter of the Southeast Quarter of Section 34,
Township 3:1, Range 26, lying easterly of the right~o(-woy of U.S. Highway No. 169.
Except that portion thereof which lies within the following described area:
A strip of land 67.00 feet in width the North and Northeasterly line of which is
described os follows: Commencing at the Southeast corner of JOHNSON PLAT,
according to said plot on file and of record in the office of the County Recorder.
Sherburne County, Minnesota: tnence South 88 degrees 50 minutes 00 seconds
West. On on assumed bearing along the Soutn line Ond its westerly extension of
said JOHNSON PLAT, 0 distance of 811.39 feet to the point of beginning of said line
to be described; thence North 88 degrees 50 minutes 00 seconds East, clong soid
South line ond its westerly exlens;on of JOHNSON PLAT. a distance of 574.17 feet;
thence Easterly ond Southeosterly, 0 distance of 509.53 feet along a tangential
curve concove to the Southwest having a rodius' of 716.19 feet and a cen tral
angle of 40 degrees 45 minutes 46 seconds and there terminating.
Thet port of the Southwest Quorter of the Southwest Quarter of Section 35. Township
33. Ronge 26, lying southwesterly of the centerline of County State Aid Highway
No. 12. and westerly of the folowing described line:
Beginnirlg at 0 point on the South line of said Southwest Quarter of the Southwest
Quarter 0 distance of 675 feet west of the Southeost corner thereof; thence
northeasterly along Cl line to be hereafter known os line "A" for the purposes of
this description. ond running to 0 point on the centerline of said highway which is
549.08 feet Northwseterly of the intersection of said centerline with the East line
of the soid SouthlL'est Quarter of tt'le Southwest Quorter to 0 point in soid line "A"
distance of 3.30 feet Southwesterly of the 'point of intersection of said Une "A" with
said cenerline; the Nortwesterly parallel with said centerline. 300 feet; thence
Northeasterly to a point on soid c~nterline which is 849.08 feet Northwesterly of
said point of intersection of said centerline with said East line of the Southwest
Quarter of tne Southwest Quorter and there terminating. subject to that port
thereof token for said County State Aid Highway No. 12.
Excep t that portion thereof which lies within the following described area:
A strip of land 67.00 feet in width the North and Northeasterly line of which is
described os follows: Commencing at the Southeast corner of JOHNSON PLAT,
according to said plot on file and of record in the office of the Coun ty Recorder.
Sherburne County, Minnesota: thence South 88 degrees 50 minutes 00 seconds
West, on on assumed bearing along the South line ond its westerly extension of
said JOHNSON PLAT. 0 distance of 811.:39 feet to the point of beginning of said line
to be described; thence North 88 degrees 50 minutes 00 seconds East, along said
South line and its westerly extension of JOHNSON PLAT, a distance of 574.17 feet;
Ihence Easterly and Southeasterly. a distance of 509.53 feet along 0 tongential
Curve concove to the Sou thwest hoving 0 radius of 716.19 feet ond 0 centrol
angle of 40 degrees 45 minu~es 46 seconds and there terminoting.
The Northwest Quarter of Ihe Northwest Quorter of Section 2. Township .32. Rangf: 26.
.
Except that port of the Nortn\llest Quarter of Ille Northwest Quarter of Section 2,
Township ,32, Ronge 26 West. which lies Westerly of a line run parallel with and
distant 200 feet Easterly of the West line of soid Section 2 and Southerly of 0
line run parallel with and distant 100 feet Southerly of the North lif'le of sord
Section 2, Sherburne County, Minnesota
Has caused these presents to be surveyed end plotted os ELK RIVER CROSSING
ond does hereby danote ond dedicote ta the public for public use forever the
utility ond drainage easements os shown on the plat.
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EXHIBIT B
1. A DEVELOPERS AGREEMENT BE PREPARED AND EXECUTED OUTLINING THE TERMS AND
CONDITIONS OF THE PLAT APPROVAL AND INSTALLATION OF IMPROVEMENTS PRIOR TO
RELEASING THE PLAT FOR RECORDING.
2. A PLANNED UNIT DEVELOPMENT AGREEMENT BE PREPARED AND EXECUTED PRIOR TO
RELEASING THE PLAT FOR RECORDING.
3. A LETTER OF CREDIT BE PROVIDED TO THE CITY IN THE AMOUNT OF 100% OF THE COSTS
OF PUBLIC IMPROVEMENTS.
4. UPON COMPLETING ALL OF THE IMPROVEMENTS AND HAVING THEM ACCEPTED BY THE
CITY, A WARRANTY BOND IN THE AMOUNT OF 25% OF THE IMPROVEMENT COSTS SHALL
BE SUBMITTED TO THE CITY FOR A ONE YEAR PERIOD.
5. SURFACE WATER MANAGEMENT FEE IN THE AMOUNT REQUIRED BY THE CITY AT THE TIME
OF FINAL PLAT BE PAID PRIOR TO RELEASING THE PLAT FOR RECORDING.
6. SEALCOAT FEE IN THE AMOUNT TO BE DETERMINED BY THE CITY ENGINEER BE PAID TO
THE CITY PRIOR TO RELEASING THE PLAT FOR RECORDING.
7. THE NECESSARY DRAINAGE AND UTILITY EASEMENTS BE DEDICATED ON THE PLAT AS
REQUIRED BY THE CITY.
8. ALL COMMENTS OF THE CITY ENGINEER BE ADDRESSED.
9. ALL APPROPRIATE WETlAND PERMITS MUST BE OBTAINED PRIOR TO COMMENCING
WORK ON THE SITE.
10. RESTRICTIVE COVENANTS BE PLACED OVER THE WETlANDS. THESE SHALL BE COMPLETED
AND RECORDED WITH THE PLAT.
11. A BOND COVERING THE COST OF THE WETlAND MITIGATION IS REQUIRED AND SHALL BE
MADE PART OF THE DEVELOPERS AGREEMENT.
12. PAYMENT OF PARK DEDICATION FEES IN THE AMOUNT REQUIRED BY THE CITY AT THE
TIME OF FINAL PLAT BE PAID PRIOR TO RELEASING THE PLAT FOR RECORDING.
13. APPROPRIATE CROSS ACCESS / CROSS PARKING EASEMENTS SHALL BE APPROVED BY
THE CITY AND RECORDED WITH THE PLAT.
14. OUTlOTS A AND B SHALL BE DEEDED TO THE CITY.
15. NO ACCESS BE ALLOWED, EXCEPT FOR CROSSING AVENUE, ON TO MAIN STREET OR
18151 AVENUE (COUNTY ROAD 12).
16. THE TWO LOTS ON CROSSING AVENUE CLOSEST TO MAIN STREET HAVE A SHARED
DRIVEWAY.
S:document\resolution \p98-8
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17. A 10-fOOT WIDE PEDESTRIAN EASEMENT BE DEDICATED ACROSS LOT 1, BLOCK 3 TO
ALLOW fOR THE SIDEWALK CONNECTION BETWEEN THIS PROJECT AND THE BUSINESS
PARK TO THE SOUTH.
18. PROOf Of OWNERSHIP Of ALL THE NECESSARY PROPERTIES SHALL BE PROVIDED PRIOR
TO RELEASING THE PLAT fOR RECORDING.
19. THE REVISED PLANS SHOW THE RIGHT-Of-WAY fOR THE PUBLIC ROADWAY.
S:document \resolution \p98-8
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OCT-13-1999 09:31
HR GREEN CO.
651 644 2349 P.02/02
Howard R. Green Company
CONSULTING ENGINEERS
October 13, 1999
File: B00112J-0240
Mr. Scott Harlicker
City of Elk River
13065 Orono Parkway
Elk River, MN 55330
RE: ELK RIVER CROSSING
FINAL PLAT
Dear Mr. Harlicker:
As you requested we have reviewed the final plat for Elk River Crossing. Based on our review
we would offer the following comments.
1. The plat needs to dedicate a total of 70-feet along CSAH 12 from Crossing Avenue to Tyler
Street. Currently the plat shows a 50-foot dedication. An additional 20-feet needs to be
dedicated along this strip.
2. Based on the traffic analysis report prepared for Elk River Crossing there are significant
improvements proposed for Main Street between Trunk Highway 10 and Crossing Avenue.
It is '.mclear at this time what these improvements will require in total right-of-way. However.
it is likely that additional right-at-way will be needed from Lot 1, Block 1.
3. Also, based on the traffic analysis report it appears that the Crossing Avenue right-of-way as
it approaches the intersection of Main Street is not wide enough to accommodate the
proposed street design.
4. Outlot A and Outlot B on the east side of Tyler Street should be dedicated to the City of Elk
River.
5. Additional easements will be required from some of the lots as they develop for water main
looping improvements.
6. No where on the plat does it indicate the right-of.way width of Crossing Avenue. This should
be dearly marked somewhere on the plat.
If you h"lve any questions regarding any of these comments please call.
Sincerel}!,
Howard R. Green Company
~~Jm~
Terry J. '~~~, ~.E.
O:\PROJ\8IJ0112j\0240\finalplllt-' 30 1.oct99.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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