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7.3. SR 06-06-2005 Item # 7.3. MEMORANDUM TO: FROM: Mayor and City Council Michele MCPherso~ctor of Planning DATE: June 6, 2005 SUBJECT: Case No. P 04- 19 Consider Resolution for Final Plat Approval - Jackson Place Request The City Council is asked to approve the attached resolution granting final plat approval for Jackson Place. This will allow construction of a 32-unit apartment structure with 10,000 square feet of commercial on the first floor. Attachments . Location Map . Resolution Granting Final Plat Approval · Memo from the City Engineer dated April 18, 2005 . Final Plat location Southeast corner of Highway 10 and Jackson land Use/Zoning DD Downtown District/Old Town Background The preliminary plat of Jackson Place was approved by the City Council on October 18, 2004 with seven conditions. Earlier in the evening, the City Council will have vacated the Jackson Place, P 04-19 June 6, 2005 Page 2 public interest in Jackson Square, thereby setting the stage for final plat approval and the transfer of the property to the developer. The final plat comprised of one lot is consistent with the preliminary plat previously approved by the City Council. Park dedication is recommended in cash. An issue raised by the Lead Building Inspector during the building code review of the project is that, as the City is requiring zero lot line construction, portions of the building will encroach into the public right of way. These encroachments include the footings, the canopies, and doors that swing into the public right of way. The City of Ramsey is experiencing this similar situation in their new downtown area and has approved a policy to allow these encroachments with the requirement that the property owner maintain liability insurance indemnifying the City from any claims from injuries which may occur as a result of these encroachments. A condition will be placed on the approval authorizing these encroachments and requiring similar liability insurance in favor of the City. Recommendation Staff recommends that the City <::ouncil approve the attached resolution granting final plat approval with eight conditions: 1. A DEVELOPERS AGREEMENT BE PREPARED AND EXECUTED OUTLINING THE TERMS AND CONDITIONS OF THE PLAT APPROVAL PRIOR TO RELEASING THE PLAT FOR RECORDING. 2. 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. 3. WATER ACCESSIBILITY FEES IN THE AMOUNT DETERMINED BY THE CITY BE PAID TO ELK RIVER MUNICIPAL UTILITIES PRIOR TO RELEASING THE PLAT FOR RECORDING. 4. THE CITY ENGINEER'S COMMENTS BE INCORPORATED INTO THE PLANS. 5. 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 THE FENCING PRIOR TO GRADING COMMENCING. 6. ANY ITEM OR CONDITION FOUND THAT INDICATES THE SITE IS LIKELY TO YIELD INFORMATION IMPORTANT TO PRE-HISTORY OR HISTORY SHALL BE REPORTED TO THE CITY IMMEDIATELY. FURTHER, THE CITY RESERVES THE RIGHT TO STOP WORK AUTHORIZED IN ITS APPROVAL UNTIL THE SITE IS APPROPRIATELY INVESTIGATED AND WORK IS AUTHORIZED. S,\PLANNING\Case Files\2004\P 04-19 Jackson Place\06 06 05 FP cc memo. doc Jackson Place, P 04-19 June 6, 2005 Page 3 7. CASH SHALL BE PAID FOR PARK DEDICATION. 8. THE CITY COUNCIL ACKNOWLEDGES THAT CERTAIN PORTIONS OF THE BUILDING WILL ENCROACH INTO THE PUBLIC RIGHT OF WAY. THESE ENCROACHMENTS WILL BE ALLOWED FOR FOOTINGS, CANOPIES, AND DOOR SWINGS INTO THE PUBLIC RIGHT OF WAY, AS THE CITY IS AUTHORIZING ZERO LOT LINE CONSTRUCTION TO FURTHER THE TRADITIONAL DEVELOPMENT PATTERN OF THE DOWN AREA. THE BUILDING OWNER SHALL MAINTAIN LIABILITY INSURANCE TO INDEMNIFY THE CITY FOR ALLOWING THESE ENCROACHMENTS. S:\PLANNING\Case Files\2004\P 04-19 Jackson Place\06 06 05 FP cc memo.doc s\o~ ~o. Location Map <if N Case Number: P 04-19 METROPLAINS RESOLUTION NO. 05- CITY OF ELK RIVER A RESOLUTION GRANTING FINAL PLAT APPROVAL FOR: Jackson Place Case No. P 04-19 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 October 18, 2004; 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: WHEREUPON the resolution is adopted. Passed and adopted this _ day of ,2005. ATTEST: Stephanie Klinzing, Mayor Joan Schmidt, City Clerk s: \PLANNING\Case Files \2004\P 04-19 Jackson Place \Final Plat Resolution.DOC Page 2 EXHIBIT A Legal Description: That part of Princeton Street, now known as Jackson Avenue, lying between Blocks 2 and 3, Village of Elk River, according to the recorded plat thereof, Sherburne County, Minnesota, described as follows: Beginning at the southwest comer of Lot 1, Block 3, Village of Elk River, according to the recorded plat thereof; thence northerly along the West line of said Lot 1 to the northeast comer of said Lot 1, being a point on the southerly right of way line of Trunk Highway No. 10; thence northwesterly along said southerly right of way line to intersect a line 80 feet easterly of and parallel with the East line of Block 2, Village of Elk River, thence southerly parallel with said East line of said Block 2 to the westerly extension of the South line of said Block 3; thence easterly along said westerly extension to the point of beginning. S:\PLANNING\Case Files\2004\P 04-19 JacksonPlace\Final Plat Resolution.DOC Page 3 EXHIBIT B Conditions: 1. A DEVELOPERS AGREEMENT BE PREPARED AND EXECUTED OUTLINING THE TERMS AND CONDITIONS OF THE PLAT APPROVAL PRIOR TO RELEASING THE PLAT FOR RECORDING. 2. 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. 3. WATER ACCESSIBILITY FEES IN THE AMOUNT DETERMINED BY THE CITY BE PAID TO ELK RNER MUNICIPAL UTILITIES PRIOR TO RELEASING THE PLAT FOR RECORDING. 4. THE CITY ENGINEER'S COMMENTS BE INCORPORATED INTO THE PLANS. 5. 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 THE FENCING PRIOR TO GRADING COMMENCING. 6. ANY ITEM OR CONDITION FOUND THAT INDICATES THE SITE IS LIKELY TO YIELD INFORMATION IMPORTANT TO PRE-HISTORY OR HISTORY SHALL BE REPORTED TO THE CITY IMMEDIATELY. FURTHER, THE CITY RESERVES THE RIGHT TO STOP WORK AUTHORIZED IN ITS APPROVAL UNTIL THE SITE IS APPROPRIATELY INVESTIGATED AND WORK IS AUTHORIZED. 7. CASH SHALL BE PAID FOR PARK DEDICATION. 8. THE CITY COUNCIL ACKNOWLEDGES THAT CERTAIN PORTIONS OF THE BUILDING WILL ENCROACH INTO THE PUBLIC RIGHT OF WAY. THESE ENCROACHMENTS WILL BE ALLOWED FOR FOOTINGS, CANOPIES, AND DOOR SWINGS INTO THE PUBLIC RIGHT OF WAY, AS THE CITY IS AUTHORIZING ZERO LOT LINE CONSTRUCTION TO FURTHER THE TRADITIONAL DEVELOPMENT PATTERN OF THE DOWN AREA. THE BUILDING OWNER SHALL MAINTAIN LIABILITY INSURANCE TO INDEMNIFY THE CITY FOR ALLOWING THESE ENCROACHMENTS. S:\PLANNING\Case Files \2004\P 04-19 Jackson Place \Final Plat Resolution.DOC Page 4 13065 Orono Parkway Elk River, MN 55330 April 18, 2005 File #: 813325J-0240 Ms. Michele McPherson Director of Planning City of Elk River 13065 Orono Parkway Elk River, MN 55330 RE: JACKSON PLACE FINAL PLAT Dear Ms. McPherson: As requested, we have reviewed the final plat for the Jackson Place Addition which will be the site of one of the proposed redevelopments in downtown Elk River, previously known as the Jackson Block. The plat was prepared by John Oliver and Associates. Based on our review and comments we noted in our September 22, 2004 preliminary plat review, we would offer the following comments: 1. The plat leaves an 80-foot right of way for Jackson Avenue. This will provide sufficient room to expand the sidewalk in front of the proposed building to be located in Jackson Place for easier pedestrian movements. 2. The plat provides limited access along the Trunk Highway 10 right of way, however, it does not provide limited access along J ackson Avenue as requested in the review of the preliminary plat. This should be added to the final plat. 3. The sanitary sewer line which runs along the easterly property line of this addition has been televised and reviewed with Gary Leirmoe, Chief Operator of the Wastewater Treatment Plant. It is both Gary and my conclusion that this line can be abandoned. 4. In my review of the preliminary plat, I noted that there are a number of small utility lines and facilities located within this area. I recommended that before a final plat can be approved, which does not contain easements for these facilities, there will need to be documentations from the owners of the various small utilities that they can and will be relocated outside of the plat boundary. This should be a condition on the final plat. Phone: 763.635.1000 Fax: 763.635.1090 www.cLelk-river.mn.us 5. Since there is no easement provided for it, it is assumed that the public storm sewer which currently drains the existing parking lot within the Jackson Place Addition will be removed and not needed for development of a building in this area. 6. The final plat should be reviewed by MnDOT since it has frontage along Trunk Highway 10 to determine if they have any concerns or comments. 7. Even the though the site is under one acre in size and will not require an NPDES Construction Permit, erosion and sediment control is a major concern in the downtown area. Any development on this site should be required to adopt the City's general Storm Water Pollution Prevention Plan (SWPPP) and follow it prior, during, and after construction. If you have any questions regarding any of these comments, please call. 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