94-009 RES
e
CITY OF ELK RIVER
CITY COUNCIL
RESOLUTION NO. 94 - 9
A RESOLUTION GRANTING PRELIMINARY PLAT APPROVAL
FOR ELK PARK CENTER
WHEREAS, Elk River Associates, Ltd., together with Kraus Anderson
Construction Company (the Developers) have applied for
preliminary plat approval pursuant to the Elk River City
Code of Ordinances for the property legally described on
attached Exhibit A hereto (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, the City Council of the City of Elk River, pursuant to
Resolution No. 93-81, has approved a Conditional Use
Permit for development of a shopping center on the
Property, subject to a number of conditions, including
approval of the preliminary plat; and
e
WHEREAS, the proposed preliminary plat complies with the conditions
set forth in Resolution No. 93-81 and with the relevant
provisions of the City Code of Ordinances;
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 recitals and findings set forth in
Resolution No. 93-81, approving a
Conditional Use Permit for the Property are
hereby adopted and incorporated by
reference in this Resolution approving a
preliminary plat for the Property.
B. The proposed subdivision is consistent with
the zoning ordinance and conforms with all
of its requirements.
C. 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.
e
D.
The physical characteristics of the
Property are suitable for the development
and uses contemplated.
.e
E. 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.
F. The proposed subdivision will not cause
substantial environmental damage.
G. The proposed subdivision will not conflict
with easements of record or with easements
established by judgment of a court.
H. The proposed subdivision will not have an
undue or adverse impact on the reasonable
development of neighboring land.
2. Preliminary plat approval is hereby granted for
the Property, subject to the following
conditions:
A.
Lot I, Block 1 shall be revised to provide
additional right-of-way to 193rd Avenue for
appropriate street improvements.
e
B. Outlot C shall be eliminated and made part
of Lot I, Block 4.
C. A Planned Unit Development Agreement and a
Developer's Agreement shall be prepared and
executed prior to releasing the final plat
for recording, as required by Resolution
No. 93-81.
D. Payment of park dedication fees shall be
made at the time of final plat approval, in
an amount based on the City'S commercial
park dedication rate.
E. Appropriate cross-access/cross-parking
agreements shall be approved by the City
and recorded with the final plat to
accommodate shared parking arrangements.
F.
All storm drainage ponds, utility lines and
other pertinent public infrastructure
elements shall have easements placed over
them, granted to the City of Elk River,
which easements shall be recorded with the
final plat.
e
2 .
G.
Easement documents granting to the City of
Elk River Freeport Avenue from School
Street to the limits of the plat and the
drainage and utility easement immediately
south of the plat on school property shall
be approved by the City and recorded with
the final plat.
e
H. Prior to final plat review by the City
Council, an administrative subdivision of
the Dickinson property must be completed
and recorded.
I. Outlot A shall be deeded to the City of Elk
River.
J. All other conditions set forth in
Resolution No. 93-81, granting approval of
a Conditional Use Permit for the Property,
are hereby incorporated by reference in
this Resolution approving a preliminary
plat for the Property.
K. Outlot B be replaced with a drainage and
utility easement to encompass the storm
drainage pond and be made part of Lot 7.
e
3 .
This preliminary plat approval shall expire one
(1) year from the date of this Resolution,
unless extended by resolution of the City
Council.
Passed and adopted by the City Council of the City of Elk River
this 7th day of February I 1994.
Mayor
e
3 .
PKB:IS2s