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6.3.B. SR 02-20-2007 City of Elk River REQUEST FOR CITY COUNCIL ACTION Agenda Section Meeting Date Communi Develo ment Pebrua 20, 2007 Item Description Resolution to Approve Pinal Plat of Elk Ridge Center 4th Addition, Requested by 7040 Lakeland Partners, Case No. P 06-17 Item Number 6.3.B. Prepared by Chris Leeseber , Park Planner Reviewed by Location Elk Ridge Center (South west corner of Hwy 169 and 197th Ave) Introduction The applicant is requesting final plat approval for Elk Ridge Center 4th Addition. Attachments . Request for Action . Location Map . Memo from City Engineer . Resolution No. 07-_ . Approved November 21, 2005 Amended Development Plan (Exhibit B) . Pinal Plat (date received Peb 15,2007) Action Requested Staff is recommending the City Council approve the Pinal Plat with the conditions as outlined. City Council Action Motion by _ Second by _ Vote Follow Up Case File: P 06-17 Page 2 Applicable Regulations Subdivision These fIndings are necessary for the city council approval of the fInal plat: (1) The proposed subdivision is consistent with the zoning regulations (article 1/I of this chapter) and conforms in all respects with all requirements of this Code, including the zoning regulations and this article. (2) 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. (3) The prysical characteristics of the site, including but not limited to topograpry, soils, vegetation, susceptibility to erosion and siltation, susceptibility to flooding, and drainage are suitable fOr the type and density of development and uses contemplated. (4) The proposed subdivision makes adequate provision fOr water supplY, storm drainage, sewage transportation, erosion control and all other services, facilities and improvements othenvise required in this article. (5) The proposed subdivision will not cause substantial environmental damage. (6) The proposed subdivision will not conflict with easements of record or with easements established ry judgment of a court. (7) The proposed subdivision will not have an undue and adverse impact on the reasonable development of neighboring land. (8) The proposed subdivision is not premature. A subdivision is premature if af!)l of the fOllowing exists: a. Lack of adequate stormwater drainage. b. Lack of adequate roads. c. Lack of adequate sanitary sewer .rystems. d. Lack of adequate riff-site public improvements or support .rystems. In the review of the standards for a Final Plat as outlined, it appears that the request is consistent with all of these standards. Analysis On February 9, 2004 the Council approved the preliminary plat for Elk Ridge Center. The preliminary plat included 7 commercial lots and the right-of-way for Holt Street from 194th Avenue to 197th Avenue. The fInal plat included platting the right-of-way for Holt Street and platting the commercial lots as oudots. The street layout is consistent with the approved preliminary plat. The oudots will be subject to [mal plat approval as they are developed. Park dedication fees will be required as each of the oudots are platted. On November 21, 2005 the City Council approved an Amendment to the CUP which rearranged the building site pads. The amendment slighdy reduced the overall allowable square foot of building. S,\PLANNING\Case Files\2006\Plat\P 06-17 Elk Ridge Cntr 4th\P 06-17_Final Plat.doc Case File: P 06-17 Page 3 The Final Plat request is consistent with the intent of the Preliminary Plat. Although the Preliminary Plat showed this area of the development as one lot, the applicant is requesting only a portion of the property to be platted into one buildable lot (loS-acres). This seems to be anticipated with the zero lot line. The overall outcome of the site will by one larger multi-tenant building in this area of the development. The multi-tenant building would be on multiple lots versus one large lot. The applicant's request to have the lot smaller is the reason they are also applying for a Conditional Use Permit for a Zero Lot Line Development. Staff is supportive of the request, given the intent of the Preliminary Plat is being met and one large multi-tenant building will still be constructed as shown on the approved development plan. Grading/Drainage Grading and Drainage issues are outlined in the City Engineers memo dated, December 7, 2006. Recommendation Staff recommends that the City Council approve the request, as indicated on the drawings dated received Feb. 15,2007, with the following conditions: 1. All comments of the City Engineer shall be addressed dated December 7, 2006. 2. 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. 3. A letter of credit be provided to the city in the amount of 100% of the costs of public improvements. 4. 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. 5. Surface water management fee in the amount required by the city at the time of final plat release be paid 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 appropriate wetland permits must be obtained prior to commencing work on the site. 8. Grading and erosion control plan and development plan be submitted and approved by the city engineer prior to the issuance of building permits. 9. All grading will need to be certified prior to the issuance of building permits. 10. Street lights shall be installed as recommended by Elk River municipal utilities. 11. Park dedication shall be in the form of cash at the rate applicable at the time of final plat approval which currently would be $11,907. 12. Appropriate cross access easements shall be approved by the city and recorded with the plat. 13. All necessary trunk sanitary and water assessments, and lateral water assessments be paid prior to releasing the plat for recording. S:WLANNING\Case Files\2006\Plat\P 06-17 Elk Ridge Cntr 4thW 06-17]inal Plat. doc 1qr i ,-,0 ~ ~ 6 8 ~ ~ l!!l I ~ II "\evJ I. i IU I ~ 7 J t \r~ 1L~~ I 9 r I I !5 J I i ~ 6 r--II i (J) f 5 CL ~ <( I ' U I I i I I!;I I I \ II III h g7~H AVE I i // ~ rf~~ 0 jL fA~ ! AVF, Location Map 1f> N Case Number: CU 06-27 ALDI'S / / / / .1 I' /' /.....'.. ... . ~;<...:- -' MEMORANDUM SUBJECT: Aldi's Site Plan File #226-1 SOP As requested, we have reviewed the revised submittal for the AIdi's store to be located in Elk Ridge Center 4th Addition. Based on our review we would offer the following comments: 1. The site plan has been revised in response to our previous discussion with the developers to improve the traffic flow in and around the proposed AIdi's site. 2. Sheet Ul - Utility Plan, shows an extension from an 8-inch sanitaryr sewer stub with a 45-degree bend to a new manhole with two 6-inch services coming out of it. This is an unacceptable design. 45-degree bends are not allowed in sewer lines ~or are sewer services allowed to come into manhole structures. 3. The cleanout shown in the sanitaryr sewer line to the Aldi's site should be changed to a sampling manhole, 48 inches in diameter. 4. There is concern regarding the extremely long water service. There is approximately 450 feet of 8 and 6-inch watermain leading from the main line to the rear of the AIdi's facility. This has significant potential for undesirable quality of water to serve the AIdi's facility. 5. The Fire Chief has approved the hydrant location on the east side of the proposed store. A drainage and utility easement over the 8-inch watermain leading up to and including the hydrant needs to be provided, since waterlines with hydrant lines on are considered public, so' that the Elk River Municipal Utilities can operate and maintain the hydrant. 6. The proposed final plat for Elk Ridge Center 4th Addition has been revised to accommodate the proposed AIdi's layout. The above-discussed drainage and utility easement for the watennain and hydrant should be included on the final plat. ' If you have any questions regarding any of these comments, please contact me. S:\PLANNlNG\Case Files\2006\CUP\CU 06-27 Aldi's\12 07 06 Engr's memo,doc RESOLUTION NO. 07 - CITY OF ELK RIVER A RESOLUTION GRANTING FINAL PLAT APPROVAL FOR: Elk Ridge Center 4th Addition Case No. P 06-17 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 as Outlot A Elk Ridge Center 2nd Addition 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 February 9, 2004; and WHEREAS, the proposed [mal 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 fue 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 20th day of February, 2007. 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 February 20,2007. WITNESS my hand officially as such Clerk and the corporate seal of the City this _ day of , 2007. Tina Allard, City Clerk EXHIBIT A LEGAL DESCRIPTION The land referred to is situated in the State of Minnesota, County of Sherburne, and is described as follows: Outlot A, ELK RIDGE CENTER 2nd Addition, Sherburne County, Minnesota. EXHIBIT B Conditions: 1. All comments of the City Engineer shall be addressed dated December 7, 2006. 2. 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. 3. A letter of credit be provided to the city in the amount of 100% of the costs of public improvements. 4. Upon completing all of the improvements and having them accepted by the city, a warranty bond in the amount of2S% ofthe improvement costs shall be submitted to the city for a one year period. 5. Surface water management fee in the amount required by the city at the time of final plat release be paid 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 appropriate wetland permits must be obtained prior to commencing work on the site. 8. Grading and erosion control plan and development plan be submitted and approved by the city engineer prior to the issuance of building permits. 9. All grading will need to be certified prior to the issuance of building permits. 10. Street lights shall be installed as recommended by Elk River municipal utilities. 11. Park dedication shall be in the form of cash at the rate applicable at the time of final plat approval which currently would be $11,907. 12. Appropriate cross access easements shall be approved by the city and recorded with the plat. 13. All necessary trunk sanitary and water assessments, and lateral water assessments be paid prior to releasing the plat for recording. ii: : .j', I , ii! ~ I '! !: .i : ! , ; : ' !:! i ';:t, ,) . ,ill: , I' l Ii ::! . . ~. j :,1 , ), l'i "I. .: 1 i.il" i: ' ';1. :1' 'i: 11" :1: : . i ,;:1 U ['!I':; l:i' "I; , I 1'1 i"'!,,,' " . ! , I" ! " ;!' ,. i ;1, ' ./: '! ' 'i II I , <i T' ;i: ,i " " : i i 'Ii.:, . ., . ,. ,.' !' 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