6.8. SR 03-21-2005
Item # 6 . 8 .
MEMORANDUM
TO:
FROM:
Mayor and City Council
Scott Harlicker, Senior Plann~
March 21, 2005
DATE:
SUBJECT:
Case No. P 05-02
Request by Zylstra Harley-Davidson for Final Plat Approval
Request
Consider a request by Zylstra Harley-Davidson for final plat approval of Zylstra Addition.
Location
The property is located at the northeast comer of Evans Street and 196th Avenue.
Zoning/Land Use
POO (planned Unit Development) ! HB (Highway Business) and R1c (Single Family
Residential)! UR (Urban Residential)
Attachments
.
Location map
Final Plat
Memo from the City Engineer
Resolution No.- 05
.
.
.
Overview
Analysis
The applicant is proposing to final plat Outlot B, Hillside Crossing 2 and Outlot A, Hillside
Estates 9th Addition into one 4.18 acre lot. The applicant is platting this property so that it
can be used as a parking lot and motorcycle training area. The Council will be considering a
Zylstra Harley-Davidson Final PlatlP 05-02
March 21,2005
Page 2
request for a conditional use permit with this proposal. Platting the property is necessary for
them to move forward with their development plans.
The two lots have different zoning and land use designations. Outlot B, Hillside Crossing 2
is 3.84 acres in size; it has a land use designation of HB and is zoned POO. Outlot A,
Hillside Estates 9th Addition is a pie shaped parcel that is .34 acres in size; it has a land use
designation of UR and is zoned Rlc. In order to have uniform land use designation and
zoning over this parcel, the applicant should apply for a Land Use Plan amendment and a
rezoning for Outlot A. consideration of the conditional use permit can continue as the
requested activities do not occur within Outlot A.
Park Dedication
The park dedication requirements for this plat will be cash for 4.18 acres.
Buffer Areas
One of the conditions of the final plat for Hillside Crossing 2 was that a 50 foot "no cut"
area be preserved along the north property line of Outlot B. This no cut area should also be
a condition of this final plat.
The final plat approval for Hillside Estates 9th Addition included a condition that a 50 foot
no cut strip be in place along the rear of the residential lots adjacent to the commercial
development to the west (Outlot B, Hillside Crossing 2). Outlot A, Hillside Estates 9th
Addition was included in this no cut area. The final plat approval should include a condition
that Outlot A be a "no cut" zone.
Recommendation
Staff recommends that the City Council approve the final plat for Zylstra Addition with the
following conditions:
1. All comments of the City Engineer shall be addressed.
2. A 50 foot "no cut" zone shall be maintained along the north property line. A deed
restriction restricting cutting in this area shall be recorded prior to releasing the plat
for recording.
3. That portion of the plat, shown as Outlot A, Hillside Estates 9th Addition, shall be
maintained as a "no cut" strip. A deed restriction restricting cutting on this lot shall
be recorded prior to releasing the plat for recording.
4. Park dedication shall be cash for 4.18 acres and shall be paid prior to the plat being
released for recording.
5. Surface water management fee be paid in the amount required by the City at the time
of final plat prior to releasing the plat for recording.
6. All necessary trunk sanitary and water assessments be paid prior to releasing the plat
for recording.
7. Prior to releasing the final plat for recording, the applicant shall apply for a Land Use
Plan amendment and a rezoning for Outlot A.
S:\PLANNING\Case Files\2005\P 05-02 Zylstra Addition \P05-02CC03-21.doc
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Location Map
Case Number: CU 05-04
ZYLSTRA
1r
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13065 Orono Parkway
Elk River, MN 55330
March 14,2005
File: 825010]-0240
Mr. Scott Harlicker
Senior Planner
Gty of Elk River
13065 Orono Parkway
Elk River, :MN 55330
RE: ZYLS1RAADDITION
,
Dear Mr. Harlicker:
As requested, we have reviewed the revised site plan and storm drainage calculations along
with the proposed final plat for the Zylstra Addition. Based upon our review and comments
stated in our previous memo dated February 15, 2005, we would offer the following
comments:
A. Site Plan/Drainage Calculations
. The drainage calculations and storm sewer layout appear to be adequate to service
the area. All drainage will be picked up internally and conveyed to the public
drainage system in .196m Avenue which flows to.a regional detention pond
constructed as part of the Elk River Crossing area. Therefore, no on site ponding is
required for the~Zylstra~Addition;-- - .. .... . --- - ... -- -- . .. - -..- .. ..
. Barrier concrete curb and gutter should surround the parking area and islands in the
southern portion of the paved area. The remaining portion which will be used as a
motorcycle testing area can be surrounded with a surmountable concrete curb and
gutter to prevent potential problems with motorcycles hitting the barrier curb and
. gutter.
B. Proposed Final Plat
. The proposed final plat consists of replatting two outlots; Outlot A of Hillside
Estates 9th Addition and Outlot B of Hillside Crossing 2nd Addition into Lot 1,
Block 1, Zylstra Addition. .
Phone: 763.635.1000
. Fax: 763.635.1090
www.cLelk-river.mn.us
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. Outlot A Hillside Estates 9th Addition is zonedRlc (Single Family) while Outlot B of
Hillside Crossing 2nd Addition is zoned Planned Unit Development (PUD). Prior to
approving the final plat the. zoning of Outlot A Hillside Estates 9th Addition will
need to be rezoned to Pill.
. There is an.existing drainage and utility easement between the two Outlots that will
need to be vacated prior to the replatting of Z ystra Addition. If the applicant
receives the appropriate rezoning of Outlot A Hillside Estates 9th Addition, we see
no problem with the vacation of the existing drainage and utility easement since the
new plat of Zylstra Addition will provide a similar easement around the perimeter of
the new plat.
If you have any questions regarding any of these comments, please call. .
Sincerely,
~~
Te~urer, PE
City Engineer
RESOLUTION NO. 05 -
CITY OF ELK RIVER
A RESOLUTION GRANTING FINAL PLAT APPROVAL FOR:
Zylstra Addition
Case No. P 05-02
WHEREAS, application has been made for final 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
March 11, 1996; 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. I t 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:
WHEREUPON the resolution is adopted.
Passed and adopted this 21 st day of March, 2005.
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
2005.
WITNESS my hand officially as such Clerk and the corporate seal of the City this
_ day of , 2005.
Joan Schmidt, City Clerk
STATE OF MINNESOTA
SS.
COUNTY OF SHERBURNE
The foregoing instrument was acknowledged before me this _ day of
, 2005, 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
, 2005, by Joan Schmidt, City Clerk, City of Elk River, Minnesota.
Notary Public
EXHIBIT A
Outlot B, Hillside Crossing 2 and Outlot A, Hillside Estates 9th Addition
EXHIBIT B
Conditions:
1. ALL COMMENTS OF THE CITY ENGINEER SHALL BE ADDRESSED.
2. A 50 FOOT "NO CUT" ZONE SHALL BE MAINTAINED ALONG THE
NORTH PROPERTY LINE. A DEED RESTRICTION RESTRICTING
CUTTING IN THIS AREA SHALL BE RECORDED PRIOR TO RELEASING
THE PLAT FOR RECORDING.
3. THAT PORTION OF THE PLAT, SHOWN AS OUTLOT A, HILLSIDE
ESTATES 9TH ADDITION, SHALL BE MAINTAINED AS A "NO CUT" STRIP.
A DEED RESTRICTION RESTRICTING CUTTING ON THIS LOT SHALL BE
RECORDED PRIOR TO RELEASING THE PLAT FOR RECORDING.
4. PARK DEDICATION SHALL BE CASH FOR 4.18 ACRES AND SHALL BE PAID
PRIOR TO THE PLAT BEING RELEASED FOR RECORDING.
5. SURFACE WATER MANAGEMENT FEE BE PAID IN THE AMOUNT
REQUIRED BY THE CITY AT THE TIME OF FINAL PLAT PRIOR TO
RELEASING THE PLAT FOR RECORDING.
6. ALL NECESSARY TRUNK SANITARY AND WATER ASSESSMENTS BE PAID
PRIOR TO RELEASING THE PLAT FOR RECORDING.
7. PRIOR TO RELEASING THE FINAL PLAT FOR RECORDING, THE
APPLICANT SHALL APPLY FOR A LAND USE PLAN AMENDMENT AND A
REZQNING FOR OUTLOT A.
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DRAINAGE AND UTILITY EASEMENTS ARE SHOWN THUS,
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ADJOINING STREET AND REAR LOT LINES AS SHOWN ON THE PLAT.
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SEC.27, T.33, R.26
COUNTY OF SHERBURNE
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- - - - - - ""'" - - - KNOW All MEN BY THESE PRESENTS: That Zylstra Properties, L.LC., a Minnesota Limited Liability Company, owner
" following described property situated in the city Elk River, County of Sherburne. State of Minnesota to-wit:
"
"
,
OUTLOT 8, HllLSJDE CROSSING TWO and OUTLOT A, HilLSIDE ESTAlES NINTH ADDITION.
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of the
Hove caused the some to be surveyed and platted os ZYLSTRA ADDITION and does hereby danate and dedicate to the public for
public use forever the easements os shown on the plat for drainage and utility purposes only.
In witness wl'1ereof said Zylstra Properties, LLC.. has caused these presents to be signed by its proper officer this ___ day of
_______0 200_.
ZYLSTRA PROPERTIES. L.L.C.
Th~;,o-;c:_~;tra:_O;i~ftianager---
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STATE OF MINNESOTA
COUNTY OF _____
The foregoing instrument wos ocknowledged before me this __ doy of _______~ 200__, by Thomas C. Zylstra. Chief
Manager of Zylstra Properties, L.L. C., a Minnesota Limited Liability Company. on behalf of said company.
<:::'....
Notary PubliZ-----~~-
My Commission Expires ______
I hereby certify that I have surveyed and platted the land described on this plat os ZYLSTRA ADOITION; that this plot is 0 correct
representation of said survey; that all distances are correctly shown on said plat in feet ond hundredths of 0 foot; that all monuments
have been or will be correctly placed in the ground as shown within one year after recording, or sooner, as specified by approving
local governmental unit; that the outside boundary lines are correctly designated on the plat. and that there ore no wetlands or public
highways to be designated other thon os shown on the plat as defined in Minnesota Statutes 505.02, Subd. 1.
Ja-;OnE.""'R-;:;d', Registered Land Surveyor
Minnesoto License No. 41578
STATE OF' MINNESOTA
COUNTY OF ______
The foregoing Surveyor's Certificate was acknowledged before me this ___ doy of _______0 200 _, by Jason E.
Rud. Registered Land Surveyor Minnesota License No. 41578.
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N"';-tary PU"b1iZ------~ty. Minne~~
My Commi5sion Expires
Approved and accepted by the City Council of the City of Elk River. Sherburne County, Minnesota, at a meeting held this ___
day of __ . 200 _'
-M;~-------
Attest: -a;k
I hereby certify that proper evidence of title has been presented to and examined by me, and I hereby approve this plat as to form and
execution this ____ day of _______-0 200__
Elk River City Attorney
A
,
,
Pursuant to Sherburne County Ordinance Number 006, I hereby certify that this plat has been checked and approved as to compliance
with Chapter 505. Minnesota Statutes this ____ day of 200_.
~b~~County Sur~----
I hereby certify taxes payable in the year
that transfer was entered this ~ day of
on londs herein described ore paid in full, and there ore no delinquent taxes. and
.200_.
~ounty ~ditor/Tre~~----
I hereby certify that this instrument was filed in the Office of the County Recorder for record on this __ day of
______-0 200_ at ____ o'clock _~., and was duly recorded as Document No. _______.
Sherburne County Recorder
o Denotes 1/2 inch by 18 inch iron pipe monument set marked R.L.S. 41578
. Denotes monument found
For the purposes of this plat the north line of OUTLOT B
HILLSIDE CROSSING TWO. Sherburne County, Minnesota is
assumed to have a bearing of N87'19'ZZ" E.
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