7.4 SR 12-18-1995rh
Issue
ITEM 7.4.
ver MEMORANDUM
TO: Mayor and City Council
FROM: Steven B. Ach, City Planner 4Z<_
DATE: December 18, 1995
SUBJECT: Request for Preliminary and Final
Plat Approval by Kraus -Anderson,
Public Hearing Case No. P 95-7
Kraus -Anderson of Elk River, Inc. is requesting preliminary and final plat
approval to replat a portion of Elk Park Center Planned Unit Development.
Location
The southeast corner of Freeport Avenue and Jackson Avenue.
Zoning/Land Use
PUD (Planned Unit Development) / HB (Highway Business)
Attachments
• Resolution No. 95-
• Location Map
• Original Plat of Elk Park Center
• Proposed Plat of Elk Park Center 4th Addition
Overview
The subject property was originally platted as Elk Park Center Addition and
consisted of numerous lots between Freeport Avenue and Jackson Avenue.
The proposed plat is a replat of Lots 1 and 4, Block 2, which is located in the
area where Cub Foods is now being constructed. The replat involves the
adjustment of one lot line and the creation of one additional lot. This request
is being brought forward to accommodate some of the minor changes that
have occurred with building locations as part of the Cub Foods site plan.
13065 Orono Parkway • P.O. Box 490 • Elk River, MN 55330 • (612) 441-7420 • Fax: (612) 441-7425
Kraus-Anderson/Elk Park Center 4th Page 2
December 18, 1995
This replat of Elk Park Center could have been accommodated through the
administrative subdivision process; however, as Kraus -Anderson has done in
the past with the replatting of the north end of the PUD, an actual plat has
been prepared for recording with the County. The advantage of recording an
actual plat clearly simplifies the legal descriptions as a lot and block
description as opposed to a metes and bounds description. The new lot that
is being created exceeds the minimum lot size of one acre and is being platted
to accommodate a separate tenant if Cub Foods decides not to make their
future expansion to the south. Once again, the adjusted property line on the
north side corresponds with the reconfiguration of Cub Foods and a potential
tenant that may be occupying space north of Cub Foods.
Recommendation
It is recommended the City Council consider the following:
• Approve preliminary plat request by Kraus -Anderson for Elk Park Center
4th Addition; and,
• Approve Resolution No. 95-_, granting final plat approval for Elk Park
Center 4th Addition
s:co eff:p95-7
RESOLUTION NO. 95 -
CITY OF ELK RIVER
A RESOLUTION GRANTING FINAL PLAT APPROVAL FOR:
ELK PARK CENTER 4TH ADDITION
CASE NO. P 95-7
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, a preliminary and final plat of the Property was approved by
the City Council on December 18, 1995; 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 two years 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
The following voted in favor of the Resolution
The following voted against the Resolution:
The following were absent:
WHEREUPON the resolution is adopted.
Page 2
Member
Member
Passed and adopted this _ day of , 1995
Henry Duitsman, 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 , 1995.
WITNESS my hand officially as such Clerk and the corporate seal of the
City this _ day of , 1995.
Sandra Thackeray, City Clerk
STATE OF MINNESOTA
SS.
COUNTY OF SHERBURNE
The foregoing instrument was acknowledged before me this _ day of
1995, by Henry Duitsman, Mayor, City of Elk River,
Minnesota.
Notary Public
Page 3
STATE OF MINNESOTA
SS.
COUNTY OF SHERBURNE
The foregoing instrument was acknowledged before me this day of
1995, by Sandra Thackeray, City Clerk, City of Elk River,
Minnesota.
Notary Public
THIS INSTRUMENT WAS DRAFTED BY:
LARKIN, HOFFMAN, DALY & LINDGREN, Ltd.
1500 Norwest Financial Center
7900 Xerxes Avenue South
Bloomington, MN 55431
EXHIBIT A
Lots 1 and 4, Block 2, Elk Park Center, Sherburne County, Minnesota
Page 5
EXHIBIT B
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