6.1. SR 05-16-2005
Item # 6 . 1 .
MEMORANDUM
TO:
FROM:
Mayor and City Council
Scott Harlicker, Senior Planne~
DATE:
May 16, 2005
SUBJECT:
Case No. P 04- 11 Request for Final Plat - Carson Business Park
Request
Consider a request by Commonweal Development for final play for Carson Business Park.
The applicant is proposing to subdivide a 10.59 acre parcel into 5 lots and 1 outlot. The plat
includes platting Carson Street as a cui de sac into the property to provide access to the lots.
Location
The property is located at the Southwest corner of Main Street and Highway 169
Zoning/Land Use
C3 (Highway Commercial) / LI (Light Industrial)
Attachments
· Location Map
· Preliminary Plat
· Final Plat
· Memo from the City Engineer
· Resolution No. 05-_
Carson Business Park/P 04-11
May 16, 2005
Page 2
Overview
Preliminary Plat
On April 4th the City Council approved the preliminary plat for Carson Business Park. The
preliminary includes 5 lots, one outlot and platting Carson Street to provide access to the
new lots. The lots will have frontage on both Carson Street and Highway 169; the lots will
not have direct access to Highway 169. Carson Street will be a cul de sac and will intersect
with Main Street opposite the existing Carson Street on the north. Outlot A is an odd sliver
of land on the south side of Carson Street adjacent to the Meadow Park plat. It is a remnant
piece that will be used for stormwater ponding.
Final Plat
The proposed final plat is consistent with the approved preliminary plat. It includes platting
all of the lots and the right-of-way for Carson Street. Grading, drainage and utility issues are
addressed in the City Engineer's memo.
Recommendation
Staffs recommends that the City Council approve the final plat for Carson Business Park
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 LETTER OF CREDIT BE PROVIDED TO THE CITY IN THE AMOUNT OF
100% OF THE COSTS OF PUBLIC IMPROVEMENTS.
3. 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.
4. 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.
5. SEALCOAT FEE IN THE AMOUNT TO BE DETERMINED BY THE CITY
ENGINEER BE PAID TO THE CITY PRIOR TO RELEASING THE PLAT FOR
RECORDING.
6. THE NECESSARY DRAINAGE AND UTILITY EASEMENTS BE DEDICATED
ON THE PLAT AS REQUIRED BY THE CITY.
7. ALL COMMENTS OF THE CITY ENGINEER BE ADDRESSED.
S:\pLANNING\Case Files\2004\P 04-11 Carson Business Pk\P04-11CCOS-16fin.doc
Carson Business Park/P 04-11
May 16, 2005 Page 3
8. ALL APPROPRIATE WETLAND PERMITS MUST BE OBTAINED PRIOR TO
COMMENCING WORK ON THE SITE.
9. GRADING AND EROSION CONTROL PLAN AND DVELOPMENT PLAN BE
SUBMITTED AND APPROVED BY THE CITY ENGINEER PRIOR TO THE
ISSUANCE OF BUILDING PERMITS.
10. ALL GRADING WILL NEED TO BE CERTIFIED PRIOR TO THE ISSUANCE
OF BUILDING PERMITS.
11. STREET LIGHTS SHALL BE INSTALLED AS RECOMMENDED BY ELK
RIVER MUNICIPLAL UTILTIIES.
12. PARK DEDICATION FEES BE PAID PRIOR TO RELEASING THE PLAT FOR
RECORDING.
13. APPROPRIATE CROSS ACCESS EASEMENTS SHALL BE APPROVED BY
THE CITY AND RECORDED WITH THE PLAT.
14. A TREE PRESERVATION PLAN BE APPROVED PRIOR TO RELEASING
THE PLAT FOR RECORDING.
15. ANY TREES OFF SITE OR ON SITE, NEAR THE LIMIT OF GRADING THAT
ARE TO BE PRESERVED, SHALL BE FENCED WITH A SNOW FENCE AT
THE DRIP LINE TO PREVENT GRADING, COMPACTION, OR STORAGE
OF EQUIPMENT, DEBRIS OR MATERIALS. STAFF SHALL INSPECT
FENCING PRIOR TO CLEARING OR GRADING COMMENCING.
16. ALL NECESSARY TRUNK SANITARY AND WATER ASSESSMENTS, AND
LATERAL WATER ASSESSMENTS BE PAID PRIOR TO RELEASING THE
PLAT FOR RECORDING.
17. THE BUSINESS USES IN THE DEVELOPMENT IN TOTAL SHALL BE
LIMITED TO THOSE WHICH DO NOT EXCEED 330 PEAK VEHICLE TRIPS
IN PM PEAK HOUR PER ITE STANDARDS. THIS REQUIREMENT MAY BE
RECONSIDERED IN THE EVENT THAT HIGHWAY INPROVEMENTS AT
MAIN STREET jHIGHWAY 169 ARE MADE WHICH MITIGATES THE NEED
FOR THE TRIP NUMBER RESTRICTIONS.
S:\pLANNING\Case Files\2004\P 04-11 Carson Business Pk\P04-11CC05-16fm.doc
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P 04-11 CARSON BUSINESS PARK
13065 Orono Parkway
Elk River, MN 55330
April 25, 2005
File #: 809031]-0240
Mr. Scott Harlicker, Senior Planner
City of Elk River
13065 Orono Parkway
Elk River, MN 55330
RE: CARSON BUSINESS PARK
FINAL PLAT
Dear Mr. Harlicker:
As requested, we have reviewed the final plat for the Carson Business Park development. As
you are aware, this is the development at the southwest comer of Main Street and Trunk
Highway 169. The final plat was prepared by John Oliver & Associates. Based on our
review, we would offer the following comments:
1. Additional drainage and utility easements will be needed to cover the watermain
extensions into the various lots which end in hydrants for fire protection. By City policy,
watermains which contain hydrants for fire protection are public utilities so that the Elk
River Municipal Utilities can operate and repair the hydrants when necessary.
2. One of the conditions on the preliminary plat was that additional right of way be
provided along Main Street to facilitate sidewalk construction to Trunk Highway 169. It
appears that this had not been provided.
3. Another condition of the preliminary plat was that restricted access be provided around
the entire perimeter of the plat with two exceptions; those being where Carson Avenue
meets up with Main Street, and where the driveway would come from the Urista office
building onto Carson Avenue. The final plat currently only shows access control along
the ill 169 frontage.
4. Outlot A which lies just west of Carson Avenue as it enters the plat off of Main Street
contains one of the ponding areas for the development according to the grading plan.
Outlot A on the final plat does not appear to be covered by a drainage and utility
easement. Also, there is a hydrant at the Urista office building with watermain stubbed
to the west plat line of Outlot A. Provisions needs to be made to connect this hydrant
Phone: 763.635.1000
Fax: 763.635.1090
www.cLelk-river.mn.us
to the watennain in Carson Avenue. Finally, a condition of this plat has been
consistently to provide driveway access to the Urista office building just to the west.
The developer's engineer has spoken of the differences in topography, making a
driveway grade in this area undesirable, however has never submitted anything to
document this and to try and get this condition removed from the plat. This condition
for a driveway access needs to be resolved either by documenting that it is not the
appropriate location for a driveway, or by providing the driveway access easement and
not construct ponding in this location.
5. A condition on the preliminary plat was that the plat should be required to pay $37,950
for the previously constructed left turn lane on Main Street.
6. The plat should be required to pay the current assessment rate for trunk sanitary sewer
and water services in Eastern Elk River.
If yOu have any questions regarding any of these comments, please call.
Sincerely,
~~
Terry J. Maurer, PE
Oty Engineer
S:\PLANNING\Case Files\2004\P 04-11 Carson Business Pk\04 25 05 Engineer's memo.doc
RESOLUTION NO. 05 -
CITY OF ELK RIVER
A RESOLUTION GRANTING FINAL PLAT APPROVAL FOR:
Carson business Park
Case No. P 04-11
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
April4, 2005; 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 fmal 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 fmal plat is recorded.
5. This fmal plat approval shall expire one year from the date of this resolution if the
fmal plat is not recorded within that time.
The foregoing resolution was introduced by Council Member Gumphrey and duly
seconded by Council Member Farber. 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 16th day of May, 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
200S.
WITNESS my hand officially as such Clerk and the corporate seal of the City this
_ day of , 200S.
Joan Schmidt, City Clerk
STATE OF MINNESOTA
SS.
COUNTY OF SHERBURNE
The foregoing instrument was acknowledged before me this _ day of
, 200S, 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
, 200S, by Joan Schmidt, City Clerk, City of Elk River, Minnesota.
Notary Public
EXHIBIT A
That part of the Southeast Quarter of the Southeast Quarter of Section 34,
Township 33, Range 26, Sherburne County, Minnesota, described as follows:
Beginning at the Northeast comer ofthe West 66 feet of said Southeast Quarter of
the Southeast Quarter; thence East along the North line of said Southeast Quarter
of the Southeast Quarter, a distance of 176.00 feet; thence South parallel with the
West line of said Southeast Quarter of the Southeast Quarter a distance of330.00
feet; thence West parallel with said North line a distance of 176.00 feet; thence
North parallel with said West line, a distance of 330.00 feet to the point of
beginning.
EXCEPT: That part of the West 242.00 feet of the Southeast Quarter of the
Southeast Quarter of Section 34, Township 33, Range 26, Sherburne County,
Minnesota, as measured along the North line of said Southeast Quarter of the
Southeast Quarter and which lies northerly ofthe following described line:
Beginning at the northeast comer of Outlot A, MEADOW PARK, according to
said plat on file and of record in the office of the County Recorder, Sherburne
County, Minnesota; thence southeasterly to a point on a line parallel with the
West line of the Southeast Quarter of the Southeast Quarter distant 242.00 feet
East of said West line, as measured along the North line of said Southeast Quarter
of the Southeast Quarter, said point being distant 22.00 feet southerly, as
measured along said parallel line, and from the intersection of said parallel line
and the north line of said Outlot A extended easterly and there terminating.
AND
That part of the East 264 feet of the West 594 feet of the North 264 feet of the
Southeast Quarter of the Southeast Quarter of Section 34, Township 33, Range
26, Sherburne County, Minnesota, which lies West of the westerly right of way
line of US. Highway No. 169 and which lies South of the following described
line: Beginning at the Northeast comer of Outlot A, Meadow Park, according to
the plat on file and of record in the office of the County Recorder, Sherburne
County, Minnesota; thence Southeasterly to a point on a line parallel to the West
line of said Southeast Quarter of the Southeast Quarter distant 242.00 feet East of
said West line, as measured along the North line of said Southeast Quarter ofthe
Southeast Quarter, said point being distant 22.00 feet Southerly, as measured
along said parallel line, of the intersection of said parallel line and the North line
of said Outlot A extended Easterly, thence continuing Southerly, along said
parallel line, a distance of 12.00 feet; thence Easterly, parallel with said Easterly
extension of the North line of Outlot A to the westerly right-of-way line of US.
Highway No. 169 and there terminating.
AND
That part of the Southeast Quarter of the Southeast Quarter of Section 34,
Township 33, Range 26, Sherburne County, Minnesota, lying West of the
westerly right of way line of U.S. Highway No. 169, except the following
described tracts:
1. The West 66 feet of said Southeast Quarter of the Southeast Quarter.
2. That part of said Southeast Quarter of the Southeast Quarter described as
follows:
Beginning at the Northeast comer of the West 66 feet of said Southeast
Quarter of the Southeast Quarter; thence East along the North line of said
Southeast Quarter of the Southeast Quarter, a distance of 176.00 feet; thence
South parallel with the West line of said Southeast Quarter of the Southeast
Quarter a distance of 330.00 feet; thence West parallel with said North line a
distance of 176.00 feet; thence North parallel with said West line, a distance
of330.00 feet to the point of beginning.
3. That part thereof that lies within the East 264 feet (16 rods) of the West 594
feet (36 rods) of the North 264 feet (16 rods) of said Southeast Quarter of the
Southeast Quarter.
4. That part of said Southeast Quarter of the Southeast described as follows:
Commencing at the Northeast comer of the West 66 feet of said Southeast
Quarter of the Southeast Quarter; thence North 89 degrees 19 minutes 55 seconds
East, assumed basis of bearings, along the North line of said Southeast Quarter of
the Southeast Quarter, a distance of 176.00 feet; thence South 0 degrees 04
minutes 01 seconds East, parallel with the West line of said Southeast Quarter of
the Southeast Quarter, a distance of 506.00 feet to a point referred to as Point A
further within this description; thence South 89 degrees 19 minutes 55 seconds
West, parallel with the North line of said Southeast Quarter of the Southeast
Quarter, a distance of 3.68 feet to the point of beginning; thence southerly along a
non-tangential curve concave to the west, having a radius of 270.00 feet and a
central angle of 7 degrees 51 minutes 00 seconds, a distance of 36.99 feet, the
chord of said curve bears South 21 degrees 05 minutes 37 seconds East; thence
South 17 degrees 10 minutes 07 seconds East tangent to the last described curve,
a distance of 74.32 feet; thence southerly along a tangential curve concave to the
west, having a radius of 270.00 feet and a central angle of 11 degrees 28 minutes
42 seconds, a distance of 54.09 feet; thence southerly along a tangential curve
concave to the east, having a radius of 330.00 feet and a central angle of 11
degrees 28 minutes 42 seconds, a distance of 66.11 feet; thence South 17 degrees
10 minutes 07 seconds East tangent to the last described curve, a distance of
107.94 feet; thence southeasterly along a non-tangential curve concave to the
northeast, having a radius of 60.00 feet and a central angle of 26 degrees 34
minutes 28 seconds, a distance of 27.83 feet, the chord of said curve bears South
45 degrees 17 minutes 28 seconds East, to intersect a line which bears South 17
degrees 10 minutes 07 seconds East, parallel with the westerly right of way line of
US. Highway No. 169, from said Point A; thence South 17 degrees 10 minutes 07
seconds East, parallel with the westerly right of way line of U.S. Highway No.
169, a distance of 478.66 feet to the South line of said Southeast Quarter of the
Southeast Quarter; thence North 89 degrees 29 minutes 07 seconds West along
said South line, a distance of 423.17 feet to the East line of the West 66 feet of
said Southeast Quarter of the Southeast Quarter; thence North 0 degrees 04
minutes 01 seconds West along said East line of the West 66 feet, a distance of
797.17 feet to intersect a line which bears South 89 degrees 19 minutes 55
seconds West from the point of beginning; thence North 89 degrees 19 minutes 55
seconds East, parallel with the North line of said Southeast Quarter of the
Southeast Quarter, a distance of 172.32 feet to the point of beginning.
5. That part of said Southeast Quarter of the Southeast Quarter lying West of the
westerly right of way line of US. Highway No. 169, which lies Northerly,
Easterly and Northerly of the following described line:
Beginning at the Northeast comer of Outlot A, Meadow Park, according to the
plat on file and of record in the office ofthe County Recorder, Sherburne County,
Minnesota; thence Southeasterly to a point on a line parallel to the West line of
said Southeast Quarter of the Southeast Quarter distant 242.00 feet East of said
West line, as measured along the North line of said Southeast Quarter of the
Southeast Quarter, said point being distant 22.00 feet Southerly, as measured
along said parallel line, of the intersection of said parallel line and the North line
of said Outlot A extended Easterly, thence continuing Southerly, along said
parallel line, a distance of 12.00 feet; thence Easterly, parallel with said Easterly
extension of the North line of Outlot A to the westerly right-of-way line of US.
Highway No. 169 and there terminating.
EXHIBIT B
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 LETTER OF CREDIT BE PROVIDED TO THE CITY IN THE AMOUNT OF
100% OF THE COSTS OF PUBLIC IMPROVEMENTS.
3. 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.
4. 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.
5. SEALCOAT FEE IN THE AMOUNT TO BE DETERMINED BY THE CITY
ENGINEER BE PAID TO THE CITY PRIOR TO RELEASING THE PLAT FOR
RECORDING.
6. THE NECESSARY DRAINAGE AND UTILITY EASEMENTS BE DEDICATED
ON THE PLAT AS REQUIRED BY THE CITY.
7. ALL COMMENTS OF THE CITY ENGINEER BE ADDRESSED.
8. ALL APPROPRIATE WETLAND PERMITS MUST BE OBTAINED PRIOR TO
COMMENCING WORK ON THE SITE.
9. GRADING AND EROSION CONTROL PLAN AND DVELOPMENT PLAN BE
SUBMITTED AND APPROVED BY THE CITY ENGINEER PRIOR TO THE
ISSUANCE OF BUILDING PERMITS.
10. ALL GRADING WILL NEED TO BE CERTIFIED PRIOR TO THE ISSUANCE
OF BUILDING PERMITS.
11. STREET LIGHTS SHALL BE INSTALLED AS RECOMMENDED BY ELK
RIVER MUNICIPLAL UTILTIIES.
12. PARK DEDICATION FEES BE PAID PRIOR TO RELEASING THE PLAT FOR
RECORDING.
13. APPROPRIATE CROSS ACCESS EASEMENTS SHALL BE APPROVED BY
THE CITY AND RECORDED WITH THE PLAT.
14. A TREE PRESERVATION PLAN BE APPROVED PRIOR TO RELEASING
THE PLAT FOR RECORDING.
15. ANY TREES OFF SITE OR ON SITE, NEAR THE LIMIT OF GRADING THAT
ARE TO BE PRESERVED, SHALL BE FENCED WITH A SNOW FENCE AT
THE DRIP LINE TO PREVENT GRADING, COMPACTION, OR STORAGE
OF EQUIPMENT, DEBRIS OR MATERIALS. STAFF SHALL INSPECT
FENCING PRIOR TO CLEARING OR GRADING COMMENCING.
16. ALL NECESSARY TRUNK SANITARY AND WATER ASSESSMENTS, AND
LATERAL WATER ASSESSMENTS BE PAID PRIOR TO RELEASING THE
PLAT FOR RECORDING.
17. THE BUSINESS USES IN THE DEVELOPMENT IN TOTAL SHALL BE
LIMITED TO THOSE WHICH DO NOT EXCEED 330 PEAK VEHICLE TRIPS
IN PM PEAK HOUR PER ITE STANDARDS. THIS REQUIREMENT MAY BE
RECONSIDERED IN THE EVENT THAT HIGHWAY INPROVEMENTS AT
MAIN STREET /HIGHWAY 169 ARE MADE WHICH MITIGATES THE NEED
FOR THE TRIP NUMBER RESTRICTIONS.
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2.
CARSON BUSINESS PARK
ELK RIVER, MN
FOR
COMMONWEAL DEVELOPMENT
PRELIMINARY PLAT
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t hereby certify that this survey.
plan, or report was prepared by me
or under my direct supervisJon and
that I om a duly Licensed Land
Surveyor tlnder State of Minnesota
Statutes Sections 326.02 326,15,
John Oliver & Associates, Inc.
Civil Eng;.7UeM-rtg. La.nd.' Surueyirt9, l.and Plartni1'l9
580 Dodge Avenue
Elk River, MinnelJota. 55330
763 441 2072 FAX 763 441-6666
REV
NO.
Offices in: Elk River. Burnsvilte
a.nd Brooklyn Cenfer. Minne8o~a
Signature:
Rick M, 810m, PLS
Dote: 11/24/04 Llc, No, 21729
DATE: 11/24/04
BK/PG
DRAWN BY SMK
CHECKED BY: RMB
DWG, 7746-12PPlAT3.dwa
TEXT.
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