7.6. SR 03-21-1994
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AGENDA ITEM 7.6.
MEMORANDUM
TO:
MAYOR AND CITY COUNCIL
STEVEN B. ACH, CITY PLANNER ~
MARCH 21, 1994
FROM:
DATE:
SUBJECT: FINAL PLAT REVIEW OF OAK PARC
PLAZA, CASE NO. P 92-7
ISSUE
Consider Resolution 94-_ approving final plat to subdivide approximately
twelve (12) acres into one commercial lot and one outlot.
ATTACHMENTS
Minutes from City Council Meeting Dated January 18, 1994, Final Plat,
Resolution
e LOCATION
Southeast corner of Highway 169 and 193rd Avenue NW
BACKGROUND
On January 18, 1994, the City Council approved a preliminary plat at the
southeast corner of 193rd and Highway 169, which divided approximately
twelve (12) acres into one commercial lot and one outlot. The commercial lot
created as part of the plat was also granted a conditional use permit for
SuperAmerica to operate a motor vehicle station and convenience store.
FINAL PLAT
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The final plat that has been submitted addresses a majority of staffs
concerns outlined in the report to the City Council dated January 18, 1994.
There is one modification to the plat that has occurred as a result of
realigning the trunk sanitary sewer and water main to serve this parcel as
well as the Hillside Estates area. The easement was originally planned to
parallel Highway 169 to the SuperAmerica site, whereby it would then
proceed east along the south property line approximately 290 feet, then
northerly to 193rd Avenue. After discussions with the property owner there
P.O. Box 490 · 13065 Orono Parkway · Elk River, MN 55330 · (612) 441-7420 · Fax: (612) 441-7425
Oak Parc Plaza, Final Plat
March 21, 1994
Page 2
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have been some preliminary plans prepared for the development of Outlot A.
The preliminary plans that have been prepared illustrate how the necessary
easement could extend directly south of 19Srd to the southern portion of
Outlot A, providing the necessary corridor for the extension of the trunk
sanitary sewer and water main. In effect, this easement will divide Outlot A
in half allowing the parcel to be efficiently served with public utilities,
assuming the concept plan for further development of Outlot A is maintained.
The second issue the property owner is questioning is establishing a thirty
(SO) foot drainage and utility easement along the southeast property line
protecting the ridge and existing trees. The property owner has indicated a
desire to have this easement removed from the plat at this time and discuss
the need for this easement at the time Outlot A is replatted. Staff
recommends this easement be included on the plat at this time to carry forth
the history of discussion that has taken place regarding the preservation of
this ridge, protecting the slopes and vegetation as a buffer between the
commercial and residential. Furthermore, the thirty (SO) foot easement
corresponds with the required building setback for commercial next to
residential.
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The last issue not finalized yet relates to storm drainage. Originally, the
preliminary plat was submitted with the sedimentation pond located on the
east side of Outlot A. This location for the sedimentation pond is not cast in
concrete and may be relocated depending upon development plans for Outlot
A. Furthermore, if the property owner coordinates with Mr. Foster directly to
the south and east, the sedimentation pond may be relocated into what will
become a public drainage and utility easement and provide adequate
sedimentation basin prior to discharging into the storm drainage ponds. For
the purposes of this plat, the applicant is illustrating how sedimentation can
be provided on site. In the future (if the storm drainage pond is relocated), it
will be discussed along with the replatting of Outlot A.
For additional information, please refer to the attached report to the City
Council regarding the preliminary plat and conditional use permit dated
January 18, 1994.
RECOMMENDATION
Staff recommends approval of the final plat of Oak Parc Plaza to subdivide
approximately twelve (12) acres into one commercial and one outlot, with the
conditions as set forth in the attached resolution.
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Elk River city Council Meeting
January 18, 1994
Page 6
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Planning Commission Representative Louise Kuester indicated that the
Planning Commission recommended approval.
Vice Mayor Farber opened the public hearing. There being no one for or
against the matter, Vice Mayor Farber closed the public hearing.
COUNCILMEMBER DIETZ MOVED TO APPROVE A TWO-YEAR RENEWAL OF THE SOLID
WASTE FACILITY LICENSE AND CONDITIONAL USE PERMIT (CU-87-02) FOR UNITED
POWER ASSOCIATION WITH THE STIPULATION THAT MORE RESTRICTIVE STATE OR
FEDERAL EMISSION STANDARDS ARE AUTOMATICALLY INCORPORATED INTO THE
CITY'S PERMITS. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE
MOTION CARRIED 4-0.
8.1. Consider Zoning Ordinance Amendment Establishing a Business Park (B-P)
Zoning District by the City of Elk River/Public Hearing
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City Planner Steven Ach explained that in 1990, a Focus Area Study was
completed which provided an in-depth study of future land use
opportunities. A land use that was discussed was the creation of a
business park. An ordinance must be established in order to implement
the concept of a business park. He further indicated that the proposed
"Business Park" Zoning Ordinance has been reviewed by the Planning
Commission and Business Park Task Force.
Vice Mayor Farber opened the public hearing.
Louise Kuester indicated that the Planning Commission recommended
approval. She also relayed a concern that the Planning Commission had
regarding certain items being accomplished "at the discretion of the
Zoning Administrator." This issue was discussed and it was the
consensus that no change be made to the ordinance.
COUNCILMEMBER DIETZ MOVED TO ADOPT ORDINANCE 94-2 AN ORDINANCE AMENDING
SECTION 900.12 OF THE CITY OF ELK RIVER CODE OF ORDINANCES ESTABLISHING
A BUSINESS PARK ZONING ORDINANCE. COUNCILMEMBER HOLMGREN SECONDED THE
MOTION. THE MOTION CARRIED 4-0.
Consider Preliminary Plat to divide approximately ten acres into one
commercial lot and one outlot along with a conditional use permit to
operate a motor vehicle station and convenience store by
SuperAmerica/Public Hearing/Case No. P-92-7 & CU-92-16
Steven Ach indicated that SuperAmerica is requesting a preliminary plat
to subdivide approximately 12 acres into 1 commercial lot and 1 outlot
at the southeast corner of Highway 169 and 193rd Avenue. The division
would create one lot approximately one acre in size for SuperAmerica
with the balance of the property retained as an outlot for future
development. SuperAmerica is planning to install temporary utility
lines with the intention of hooking up to the trunk sanitary sewer when
it is extended from School Street and Freeport. If the trunk line is
installed prior to the construction of SuperAmerica, they would then
hook directly to the trunk line.
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Elk River city Council Meeting
January 18, 1994
Page 7
Steven Ach indicated that SuperAmerica is also requesting a conditional
use permit to operate a motor vehicle station and convenience store.
Representatives of SuperAmerica were present.
distributed of the proposed sign for the site.
A handout was
Vice Mayor Farber opened the public hearing. There being no one for or
against the matter, Vice Mayor Farber closed the public hearing.
Louise Kuester indicated that all Planning Commission concerns have
been addressed. She stated that the Planning Commission voted to
recommend approval of both requests.
COUNCILMEMBER DIETZ MOVED TO RECOMMEND APPROVAL OF THE PRELIMINARY PLAT
FOR SUPERAMERICA TO SUBDIVIDE A 12 ACRE PARCEL INTO ONE COMMERCIAL LOT
AND ONE OUTLOT LOCATED AT INTERSECTION OF HIGHWAY 169 AND 193RD AVENUE
WITH THE FOLLOWING CONDITIONS:
1. ISSUES OUTLINED IN TERRY MAURER'S MEMO DATED DECEMBER 16, 1993, BE
ADDRESSED AND/OR INCORPORATED INTO THE PRELIMINARY PLAT.
2. A DRAINAGE AND UTILITY EASEMENT BE ESTABLISHED ALONG THE SOUTHEAST
PROPERTY LINE PROTECTING THE RIDGE AND EXISTING TREES. THIS
EASEMENT SHALL BE A MINIMUM OF 30 FEET IN WIDTH AND FOLLOW THE
SOUTHEAST PROPERTY LINE.
3.
ELK RIVER UTILITIES, BE CONTACTED TO ARRANGE THE EXTENSION OF
ELECTRICAL SERVICES TO THE PROPERTY.
4. A STREET LIGHT BE INSTALLED AT THE SOUTHWEST CORNER OF 193 AVENUE
AND THE EASTERLY ENTRANCE DRIVE.
S. CASH PAYMENT OF PARK DEDICATION IN THE AMOUNT OF $l,SOO PER ACRE
BE PAID PRIOR TO RELEASING THE FINAL PLAT FOR RECORDING.
6. PAYMENT OF $7,SOO TO THE CITY OF ELK RIVER FOR THE PROPERTY'S FAIR
SHARE COST FOR SIGNALIZATION IMPROVEMENTS AT 193 AVENUE AND
HIGHWAY 169.
7. PAYMENT OF A TRUNK SANITARY SEWER AND WATER MAIN ASSESSMENT IN THE
AMOUNT OF $3,800 PER ACRE BE PAID PRIOR TO RELEASING FINAL PLAT
FOR RECORDING.
8. COMPLETING A DEVELOPERS AGREEMENT FOR OAK PARC PLAZA PLAT.
9. PROVIDE TO THE CITY FOR REVIEW AND APPROVAL A DEVELOPMENT PLAN
ILLUSTRATING THE GENERAL GRADING, STORM/SEDIMENTATION PONDING
NEEDS AND FINISHED FLOOR ELEVATIONS OF BUILDINGS.
COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 4-0.
COUNCILMEMBER HOLMGREN MOVED TO APPROVE THE CONDITIONAL USE PERMIT TO
OPERATE A MOTOR VEHICLE STATION AND CONVENIENCE STORE AT THE
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Elk River City Council Meeting
January 18, 1994
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2.
3.
4.
5.
6.
7.
8.
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9.
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INTERSECTION OF HIGHWAY 169 AND 193RD AVENUE WITH THE FOLLOWING
CONDITIONS:
1. ISSUES OUTLINED IN TERRY MAURER'S MEMO DATED DECEMBER 16, 1993, BE
ADDRESSED AND/OR INCORPORATED INTO THE SITE PLAN FOR DEVELOPMENT
OF LOT 1, OAK PARC PLAZA.
B612 CONCRETE CURB AND GUTTER BE USED THROUGHOUT THE ENTIRE SITE.
SUPERAMERICA PRESENT PLANS OF A MONUMENT STYLE SIGN TO CITY STAFF
FOR REVIEW AND APPROVAL.
PROVIDE A DIVERSITY OF LANDSCAPING AND MAINTAIN CLEAR SIGHT
VISIBILITY TRIANGLES.
SOD ALL DISTURBED AREAS.
FOLLOW BEST MANAGEMENT PRACTICES AND INSTALL SILT FENCE AND OTHER
EROSION CONTROL MEASURES AS DETERMINED BY THE CITY ENGINEER.
TRASH ENCLOSURE BE CONSTRUCTED OF MASONRY MATERIAL SIMILAR TO THE
BUILDING AND HAVE GATES.
A 24 FOOT WIDE DRIVE ISLE BE MAINTAINED AROUND THE SOUTH END OF
THE CANOPY. DRIVE ISLE DIMENSION SHALL BE MEASURED FROM THE CURB
TO THE NEAREST POINT OF A VEHICLE DISPENSING GASOLINE.
UNDERGROUND STORAGE TANK VENTING
LANDSCAPING AND/OR LATTICE.
SCREENED
WITH
PIPES
BE
10. LETTER FROM UPA AUTHORIZING USE OF 50 FOOT EASEMENT ALONG HIGHWAY
169.
11. EXISTING TREES IN MNDOT RIGHT-OF-WAY AND ALONG THE WEST PROPERTY
LINE SHALL NOT BE REMOVED.
12. THE PROPOSED GRADING PLAN FOR SUPERAMERICA SHALL BE REVISED TO BE
CONSISTENT WITH THE DEVELOPMENT PLAN FOR THIS PLAT.
13. THE GRADING PLAN SHALL BE DESIGNED WITH MAXIMUM SLOPES NOT
EXCEEDING CITY STANDARDS.
COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 4-0.
8.5. Conditional Use Permit Request by Paul Krause/Public Hearing, CU93-39
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Steven Ach indicated that Paul Krause has made application for a
conditional use permit to operate a temporary golf driving range. The
site is located east of the Pinewood Golf Course club house and Waco
Street. The proposed driving range will consist of fifteen
tee-stalls. Parking for the driving range will be provided at the
Pinewood Country Club.
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RESOLUTION NO. 94 -
CITY OF ELK RIVER
A RESOLUTION GRANTING FINAL PLAT APPROVAL TO:
OAK PARC PLAZA
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, 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 January 18, 1994; and
WHEREAS, the proposed final plat is consistent with the preliminary plat as
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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
follows:
as
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.
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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.
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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 Member
and duly seconded by Council Member
. The following voted in favor of the Resolution.
The following voted against the Resolution:
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The following were absent:
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WHEREUPON the resolution is adopted.
,1994
Passed and adopted this _ day of
STATE OF MINNESOTA
COUNTY OF SHERBURNE
CITY OF ELK RIVER
Henry Duitsman, Mayor
CERTIFICATE
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 , 1994.
WITNESS my hand officially as such Clerk and the corporate seal of the
City this _ day of , 1994.
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STATE OF MINNESOTA
SS.
COUNTY OF SHERBURNE
Sandra Thackeray, City Clerk
The foregoing instrument was acknowledged before me this _ day of
, 1994, by Henry Duitsman, Mayor, City of Elk River,
Minnesota.
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Notary Public
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STATE OF MINNESOTA
SS.
COUNTY OF SHERBURNE
The foregoing instrument was acknowledged before me this _ day of
, 1994, by Sandra Thackeray, City Clerk, City of Elk River,
Minnesota.
Notary Public
THIS INSTRUMENT WAS DRAFTED BY:
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LARKIN, HOFFMAN, DALY & LINDGREN, Ltd.
1500 Norwest Financial Center
7900 Xerxes Avenue South
Bloomington, MN 55431
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EXHIBIT A
That part of the Northeast Quarter of the Southwest Quarter of Section 27, Township
33, Range 26, Sherburne County, Minnesota lying west of the westerly line of the
right-of-way line of U.S. Highway No. 169, and lying east of the easterly line of
the right-of-way line of State Trunk Highway No. 201, now known as Jackson Road.
TOGETHER WITH that part of the Northwest Quarter of the Southeast Quarter of said
Section 27 lying west of said westerly line of the right-of-way of U.S. Highway No.
169.
TOGETHER WITH that part of the Southwest Quarter of said Southeast Quarter of
Section 27 lying west of said westerly line of the right-of-way of U.S. Highway No.
169 and lying northerly of following described "Line C".
TOGETHER WITH that part of the Southeast Quarter of the Southwest Quarter of said
Section 27 lying east of said easterly line of the right-of-way of State Trunk
Highway No. 201 and lying northerly of said following described "Line C".
Said "Line C" being described as Commencing at the Southeast corner of said
Northeast Quarter of the Southwest Quarter of Section 27; thence South 89 degrees
23 minutes 08 seconds West, assumed basis of bearings, along the South line
thereof for a distance of 832.29 feet to intersect said Easterly line of the
right-of-way of State Trunk Highway No. 201, now known as Jackson Road, said
point of intersection also being the actual Point Of Beginning of said "Line C"
to be hereby described; thence South 74 degrees 36 minutes 12 seconds East for a
distance of 150.00 feet; thence along a tangential curve concave to the north,
radius 380.00 feet, for a central angle of 16 degrees 53 minutes 48 seconds and
length 112.06 feet; thence North 88 degrees 30 minutes 00 seconds East tangent to
said curve for a distance of 240.00 feet; thence along a tangential curve concave
to the southwest, radius 260.00 feet, for a central angle of 90 degrees 00
minutes 00 seconds and length 408.41 feet; thence South 1 degree 30 minutes 00
seconds East tangent to said curve for a distance of 140.98 feet; thence North 88
degrees 30 minutes 00 seconds East for a distance of 175.67 feet; thence along a
tangential curve concave to the north, radius 395.00 feet, for a central angle of
15 degrees 46 minutes 16 seconds and length 108.73 feet, more or less, to
intersect and terminate said "Line C" at said westerly line of the right-of-way
of U.S. Highway No. 169.
Subject to easements of record to Northern Natural Gas Company, and to United Power
Association. Also subject to other easements of record, if any.
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EXHIBIT B
1.
ISSUES OUTLINED IN TERRY MAURER'S MEMO DATED DECEMBER 16,
1993, BE ADDRESSED AND/OR INCORPORATED INTO THE FINAL PLAT.
2. A DRAINAGE AND UTILITY EASEMENT BE ESTABLISHED ALONG THE
SOUTHEAST PROPERTY LINE PROTECTING THE RIDGE AND EXISTING
TREES. THIS EASEMENT SHALL BE A MINIMUM OF THIRTY (30) FEET
IN WIDTH AND FOLLOW THE SOUTHEAST PROPERTY LINE.
3. ELK RIVER UTILITIES BE CONTACTED TO ARRANGE THE EXTENSION
OF SERVICES TO THE PROPERTY.
4. A STREET LIGHT BE INSTALLED AT THE SOUTHWEST CORNER OF
193RD AVENUE AND THE EASTERLY ENTRANCE DRIVE TO SERVE THE
TWELVE (12) ACRE PARCEL.
5. CASH PAYMENT OF PARK DEDICATION IN THE AMOUNT OF $1,500
PER ACRE BE PAID PRIOR TO RELEASING THE FINAL PLAT FOR
RECORDING. THIS PARK DEDICATION SHALL ONLY APPLY TO THE
1.13 ACRE COMMERCIAL SITE BEING CREATED AT THIS TIME.
6.
PAYMENT OF $7,500 TO THE CITY OF ELK RIVER FOR THE
PROPERTY'S FAIR SHARE COST FOR SIGNALIZATION
IMPROVEMENTS AT 193RD AVENUE AND HIGHWAY 169.
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7. PAYMENT OF THE TRUNK SANITARY SEWER AND WATER MAIN
ASSESSMENT IN THE AMOUNT OF $3,800 PER ACRE BE PAID PRIOR
TO RELEASING THE FINAL PLAT FOR RECORDING. THIS COST SHALL
APPLY TO LOT 1, BLOCK 1, OAK PARC PLAZA.
8. DEVELOPER AGREE TO WAIVE RIGHTS TO A PUBLIC HEARING AND
ASSESSMENT APPEAL FOR THE $3,800 PER ACRE COST TO OUTLOT
A AT THE TIME TRUNK SANITARY SEWER AND WATER MAIN IS MADE
AVAILABLE TO SERVE THE SITE.
9. COMPLETING A DEVELOPERS AGREEMENT FOR OAK PARC PLAZA
PLAT.
10. PROVIDE TO THE CITY FOR REVIEW AND APPROVAL A
DEVELOPMENT PLAN ILLUSTRATING THE GENERAL GRADING,
STORM/SEDIMENTATION PONDING NEEDS, AND FINISHED FLOOR
ELEVATIONS OF FUTURE BUILDINGS.
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EXHIBIT B (continued)
11. A FIFTY (50) FOOT DRAINAGE AND UTILITY EASEMENT BE DEDICATED
TO THE PUBLIC AND MADE PART OF THIS PLAT FOR THE EXTENSION
OF THE TRUNK SANITARY SEWER AND WATER MAIN THAT IS
PLANNED TO PASS THROUGH THIS PROPERTY. IN ADDITION, AGREE
TO PROVIDE A TEMPORARY EASEMENT FOR CONSTRUCTION OF
TRUNK SANITARY SEWER AND WATER MAIN THROUGH OUTLOT A.
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