7.7. SR 10-17-1994
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ITEM 7. 7
MEMORANDUM
FROM:
MAYOR AND CITY COUNCIL
STEVEN B. ACH ~
OCTOBER 17,1994
SUBJECT: REQUEST FOR PRELIMINARY PLAT
BY RIVERSIDE DEVELOPMENT
COMPANY, PUBLIC HEARING CASE
NO. P 94-11
TO:
DATE:
REQUEST
Request to plat approximately seventeen (17) acres into one commercial lot
and two outlots.
LOCATION
. Southeast corner of 193rd Avenue and Highway 169
ZONING I LAND USE
C3 (Highway Commercial), R1c (Single Family Residential), and PUD
(Planned Unit Development) I HB (Highway Business) and MR (Medium
Density Residential)
ATTACHMENTS
Report to the Planning Commission dated September 27, 1994.
OVERVIEW
The application involves replatting of Outlot A of Oak Park Plaza and a
portion of Cherryhill Bluffs. The preliminary plat encompasses
approximately 17 acres and will create one commercial lot at the extreme
south end of the property and two outlots, one of which will be deeded to the
City for drainage and utility purposes. The other outlot will have to be
replatted prior to any development consideration.
,
P.O. Box 490. 13065 Orono Parkway · Elk River, MN 55330 · (612) 441-7420 · Fax: (612) 441-7425
.
The property encompassed by the proposed plat has a present zoning
designation of C3 Highway Commercial, PUD Planned Unit Development,
and R1c Single Family Residential. Assuming the City Council approved the
previous item expanding the C3 zoning boundary, the only portion of the plat
left as residential zone will be deeded to the City and used as a storm
drainage pond.
ACCESS
The entire platted area is intended to be served by access off of 193rd via
Evans Street alignment. This roadway will be a private drive to serve the
entire area, however, is designed at a city standard to make sure all traffic
demands are properly handled.
NATURAL CHARACTERISTICS
.
As discussed in the previous applications, a natural ridge traverses the
property from southwest to southeast along the current property line of Oak
Park Plaza. This ridge has a variety of large trees which consist of a mixture
of oaks, elms and lesser quality soft wood trees. Gary Schmitz and Tim
Edgeton of the Sherburne County Tree Board inspected the property and
have provided an assessment of the property which is included in the report
to the Planning Commission. Immediately southeast of the natural ridge is a
natural wetland area that has been identified as the regional ponding area
for a large portion of the Hillside Estates development. As part of this
preliminary plat it is requested that Outlot A which encompasses a majority
of the regional pond be deeded to the City, allowing the City to have
ownership and the ability to manage that storm drainage pond. The balance
of the regional ponding area will be deeded to the City when Cherryhill Bluffs
4th Addition is platted later this year.
PROPOSED LOT
The proposed plat creates one developable lot at this time. This lot is
approximately 1.2 acres in size which meets the minimum lot size
requirements within a C3 district. Access to this new lot, as mentioned
earlier, will be obtained via the Evans Street alignment, extending south
along the 50 foot drainage and utility easement that bisects the property. A
formal application has not been submitted for the use of Lot 1, however,
Riverside Development has indicated that they plan on building an office
building that would include themselves as a major tenant. As mentioned
earlier, the remaining outlots will have to be replatted prior to any
development consideration.
.
c:council:rivside
.
PARK AND REC COMMISSION RECOMMENDATION
The Park and Rec Commission has requested that a payment of cash be made
to satisfy the park dedication requirements. This park dedication will apply
to Lot 1, Block 1 only and shall be paid in the amount set forth by City
ordinance at the time of final plat.
PLANNING COMMISSION RECOMMENDATION
The Planning Commission unanimously recommended approval of the
preliminary plat request by Riverside Development to subdivide 17 acres into
one commercial lot and two outlots with the conditions as set forth in the
staff report, including the four conditions added by staff at the meeting:
1. THE PLANNING COMMISSION AND CITY COUNCIL
APPROVE THE LAND USE PLAN AMENDMENT AND
REZONING REQUEST ADJUSTING THE COMMERCIAL
BOUNDARY IN A SOUTHEASTERLY DIRECTION TO
COINCIDE WITH THE PROPOSED PLAT.
2.
OUTLOT A BE DEEDED TO THE CITY UPON FILING THE
PLAT WITH SHERBURNE COUNTY.
.
3. PAYMENT OF PARK DEDICATION IN THE AMOUNT AS
REQUIRED BY CITY ORDINANCE AT THE TIME OF FINAL
PLAT APPROVAL.
4. NO GRADING IS TO OCCUR WITHIN THE WOODED AREA OF
OUTLOT B, UNLESS DIRECTLY ASSOCIATED WITH THE
DEVELOPMENT OF LOT 1, BLOCK 1, HILLSIDE CROSSING
SOUTH, UNLESS MODIFIED BY THE PARK AND
RECREATION COMMISSION.
5. APPROPRIATE DRAINAGE AND UTILITY EASEMENTS BE
INCLUDED ON THE PLAT AS REQUESTED BY ELK RIVER
UTILITIES.
6. THE PLAT BE CORRECTED TO ELIMINATE THE NAME
EVANS STREET AND REDUCE THE DRAINAGE AND UTILITY
EASEMENTS FROM SIXTY (60) TO FIFTY (50) FEET IN
WIDTH.
7.
AT THE TIME OF REPLATTING OUTLOT B, A CONCEPT
PLAN ILLUSTRATING THE LOCATION OF OFFICE
BUILDINGS SHALL BE SUBMITTED AND USED TO
.
c:council:rivside
.
8.
9.
10.
11.
DETERMINE THE APPROPRIATE AREA OF THE NATURAL
BUFFER TO BE PROTECTED. A CONSERVATION
EASEMENT OR OTHER INSTRUMENT SHOULD THEN BE
APPLIED TO ASSURE PROTECTION OF THIS AREA.
A CROSS ACCESS/CROSS PARKING AGREEMENT BE
PREPARED AND EXECUTED PROVIDING ACCESS TO LOT 1,
BLOCK 1, AND OTHER PORTIONS OF THE PLATTED AREA.
COMMENTS FROM TERRY MAURER'S MEMO DATED
SEPTEMBER 22, 1994, BE INCORPORATED INTO THE FINAL
PLAT.
DEVELOPERS SHALL IMPLEMENT IMMEDIATELY TREE
PROTECTION MEASURES FOR THOSE AREAS THAT WERE
DISTURBED WITH EARLIER GRADING OF THE SITE.
APPROPRIATE STREET LIGHTING SHALL BE PROVIDED
ALONG THE ACCESS DRIVE TO LOT 1, BLOCK 1.
.
12. IF IT IS DETERMINED THAT A DEVELOPERS AGREEMENT
NEEDS TO BE PREPARED, THIS DOCUMENT SHALL BE
SIGNED AND RECORDED ALONG WITH THE PLAT
13. STORM DRAINAGE FEE IN THE AMOUNT OF $720 BE PAID
PRIOR TO RECORDING THE FINAL PLAT.
14. WATER AVAILABILITY CHARGE OF $300 BE PAID PRIOR TO
RECORDING THE FINAL PLAT.
15. PRIOR TO CONNECTING LOT 1, BLOCK 1 TO CITY SEWER
AND WATER, THE APPLICANT OBTAIN A PERMIT FROM
MPCA.
16. THE DRAINAGE AND UTILITY EASEMENTS ALONG THE
RIDGE LINE BE MAINTAINED.
RECOMMENDATION
It is recommended that the City Council approve the preliminary plat for
Riverside Development with the conditions as approved by the Planning
Commission.
.
c:council:rivside
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AGENDA ITEM 5.5
~@/fJFf
MEMORANDUM
TO:
PLANNING COMMISSION
STEVEN B. ACH, CITY PLANNER ..dd_
:.....-v
FROM:
DATE:
SEPTEMBER 27, 1994
SUBJECT: REQUEST FOR PRELIMINARY PLAT
BY RIVERSIDE DEVELOPMENT CO.,
PUBLIC HEARING, CASE NO. P 94-11
REQUEST
Request to plat approximately seventeen (17) acres into one commercial lot
and two outlots.
LOCATION
Southeast corner of 193rd Avenue and Highway 169
. ZONING / LAND USE
C3 (Highway Commercial), Rlc (Single Family Residential), and PUD
(Planned Unit Development) I HB (Highway Business) and MR (Medium
Density Residential)
ATTACHMENTS
Memo from Terry Maurer, Location Map, Zoning Map, Proposed Preliminary
Plat, letter from Tim Edgeton
OVERVIEW
The application involves the replatting of Outlot A of Oak Pare Plaza and a
portion of CherryHill Bluffs. The preliminary plat encompasses
approximately seventeen (17) acres and will create one commercial lot at ~he
extreme south end of the property and two (2) outlots, one of which will be
deeded to the City for drainage utility purposes.
.
P.O. Box 490 · 13065 Orono Parkway · Elk River, MN 55330 . (612) 441-7420 . Fax: (612) 441-7425
Riverside Development
September 27, 1994
Page 2
.
ACCESS
The entire platted area is accessed off of 193rd Avenue at the Evans Street
alignment. This access point is a private driveway to serve the entire
commercial area including Super America, which is just beyond the limits of
the plat in the northwest corner. As part of the Super America development,
a street (driveway) design was approved which will allow adequate
accessibility at full development of the entire area.
NATURAL CHARACTERISTICS
The property has a variety of large trees on the eastern one-third (1/3) of tlj.e
site. These trees are a mixture of oaks, elms, and lesser quality softwood
trees. In addition, the site has a natural wooded ridge which essentially
parallels the southeast property line in a southwest/northeast direction. To
more accurately access the trees located along the natural ridge, Tim
Edgeton, of the Sherburne County Tree Board, and Gary Schmitz inspected
the property. Attached is a letter from Tim Edgeton generally describing the
characteristics of the trees on site and an overview of their visit to the
. property.
Immediately southeast of this described ridge is a large wetland basin that
has been identified as a regional ponding area for a majority of the property
lying north and east of the proposed plat. A portion of this wetland/storm
ponding area is included within the plat and is described as Outlot A. It is
recommended that Outlot A be deeded to the City for the intended drainage
and utility purposes. The balance of the wetland/storm drainage basin will
be deeded to the City with the future platting of CherryHill Bluffs Fourth
Addition.
Protecting the natural ridge has been discussed by the Planning Commission
and City Council as part of previous applications. In 1991 when the subject
property was rezoned from PUD (planned Unit Development) to C3 (Highway
Commercial), residents in Deerfield requested the ridge along the south and
east be protected to act as a natural buffer. These same issues were
presented to the Planning Commission and City Council during the latter
part of 1993 when the property was platted as Oak Pare Plaza. At that time,
a thirty (30) foot drainage and utility easement was placed along the
southeast property line to provide some means of protecting the ridge. Staff
believes the topography of the ridge, along with the existing trees, create a
. natural buffer between the commercial and single family. The ridge will
riverside.pc -
Riverside Development
September 27, 1994
Page 3
.
separate these two land uses both physically and visually to further enhance
the compatibility of these two land uses.
The developers have proposed to create a wetland along the southeast portion
of this plat. That mitigation work will slightly encroach into the tail end of
the natural buffer described above.
PROPOSED USE OF PROPERTY
Staff has met with the developers and expressed the importance of leaving
the natural buffer in place. The developer's plans include building two to
three (2 - 3) office buildings strategically located within the natural
parameters of the site. Therefore, it appears that both staff and developers
are trying to accomplish a project that best fits within the natural
boundaries.
Since this area will be platted as an outlot, a replat will need to occur prior to
development. At that time, a concept plan could be presented to the Planning
Commission and City Council whereby easements could be identified to
protect the natural buffer.
.
OUTLOTS
As mentioned earlier, Outlot A will be deeded to the City for drainage and
utility purposes. As for Outlot B, this area can not be developed until it is
replatted at a later date. However, in order to access Lot 1, Block 1, at the
south end of the plat, a driveway will have to be installed within the
drainage and utility easement that traverses the plat from north to south
from 193rd Avenue.
PARK AND RECREATION COMMISSION RECOMMENDATION
The Park and Recreation Commission discussed this plat informally and
concluded that cash would be recommended. However, the Commission will
take this item up at the October meeting and make a formal
recommendation.
RECOMMENDATION
.
It is recommended the Planning Commission recommend approval of the
preliminary plat request by Riverside Development to subdivide the
seventeen (17) acres into one commercial lot and two outlots with the
following conditions:
riverside.pc
Riverside Development
September 27, 1994
Page 4
.
1. THE PLANNING COMMISSION AND CITY COUNCIL
APPROVE THE LAND USE PLAN AMENDMENT AND
REZONING REQUEST ADJUSTING THE COMMERCIAL
BOUNDARY IN A SOUTHEASTERLY DIRECTION TO
COINCIDE WITH THE PROPOSED PLAT.
2. OUTLOT A BE DEEDED TO THE CITY UPON FILING
THE PLAT WITH SHERBURNE COUNTY.
3. PAYMENT OF PARK DEDICATION IN THE AMOUNT AS
REQUIRED BY CITY ORDINANCE AT THE TIME OF
FINAL PLAT APPROVAL.
.
4. NO GRADING IS TO OCCUR WITHIN THE WOODED
AREA OF OUTLOT B, UNLESS DIRECTLY ASSOCIATED
WITH THE DEVELOPMENT OF LOT 1, BLOCK 1,
HILLSIDE CROSSING SOUTH, UNLESS MODIFIED BY
THE PARK AND RECREATION COMMISSION.
.
5. APPROPRIATE DRAINAGE AND UTILITY EASEMENTS
BE INCLUDED ON THE PLAT AS REQUESTED BY ELK
RIVER UTILITIES.
6. THE PLAT BE CORRECTED TO ELIMINATE THE NAME
EVANS STREET AND REDUCE THE DRAINAGE AND
UTILITY EASEMENTS FROM SIXTY (60) TO FIFTY (50)
FEET IN WIDTH.
7. AT THE TIME OF REPLATTING OUTLOT B, A CONCEPT
PLAN ILLUSTRATING THE LOCATION OF OFFICE
BUILDINGS SHALL BE SUBMITTED AND USED TO
DETERMINE THE APPROPRIATE AREA OF THE
NATURAL BUFFER TO BE PROTECTED. A
CONSERVATION EASEMENT OR OTHER INSTRUMENT
SHOULD THEN BE APPLIED TO ASSURE
PROTECTION OF THIS AREA.
.
8. A CROSS ACCESS/CROSS PARKING AGREEMENT BE
PREPARED AND EXECUTED PROVIDING ACCESS TO
LOT 1, BLOCK 1, AND OTHER PORTIONS OF THE
PLATTED AREA.
riverside.pc
Riverside Development
September 27, 1994
Page 5
._~-------._---------------------
.
9.
COMMENTS FROM TERRY MAURER'S MEMO DATED
SEPTEMBER 22, 1994, BE INCORPORATED INTO THE
FINAL PLAT.
10. DEVELOPERS SHALL IMPLEMENT IMMEDIATELY
TREE PROTECTION MEASURES FOR THOSE AREAS
THAT WERE DISTURBED WITH EARLIER GRADING OF
THE SITE.
11. APPROPRIATE STREET LIGHTING SHALL BE
PROVIDED ALONG THE ACCESS DRIVE TO LOT 1,
BLOCK 1.
12. IF IT IS' DETERMINED THAT A DEVELOPERS
AGREEMENT NEEDS TO BE PREPARED, THIS
DOCUMENT SHALL BE SIGNED AND RECORDED
ALONG WITH THE PLAT.
.
.
riverside.pc
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CIVil ENGINEERING,
EN\.1RONMENTAl
/liUNlClPA/
PLANNING
STRUCTUkAI
. SURVEYING
TRAfFIC
TRANSPOKTAJION
1326 En..gy Park Drive
SI. Paul, MN 5SI08
612-644.4389
Fax: 612-644-9446
.800 Shelard Parkway
Minneapolis, MN 55441
612.546.0432
Fax: 612-544-6398
September 22, 1994
File: 230-250-11
Mr. Steve Ach
City Planner
City of Elk River
13065 Orono Parkway
P.O. Box 490
Elk River, MN 55330
RE: HILLSIDE CROSSING SOUTH
PRELIMINARY PLAT REVIEW
Dear Mr. Ach:
We have reviewed the preliminary plat of the Hillside Crossing South Development. The
preliminary plat was prepared by John Oliver and Associates, and dated September 12, 1994.
Based on our review, we would offer the following comments.
1.
The plat consists of Outlot A from Oak Park Plaza First Addition plus some
additional properties added on the southerly and easterly boundaries. The plat
consists of Lot I, located in the southwest corner of the site, and Outlot B, which is
the remainder of the property to be platted later, and Outlot A, which is a portion of
a large regional ponding area to be dedicated to the City.
2. There is a 50-foot wide easement which runs north and south through the site from
193rd Avenue and then heads westerly to TH 169. This is the corridor that the trunk
sanitary sewer and water follows through this site as it heads north to serve the
remainder of the Hillside Estates area north of 193rd Avenue. There are adequate
sanitary sewer and water facilities available to serve this proposed plat.
3.
At the northwest corner of the site is Lot 1 of Oak Parc Plaza First Addition which
contains the new SuperAmerica station. Immediately east of this site is shown a 60-
foot wide area labeled as Evans Street NW. It is not clear what this area represents,
since all street improvements within this site are to be private. Perhaps this is just
an oversight or perhaps it is a cross easement area between Hillside Crossing South
and SuperAmerica. In any case, it should be reviewed and corrected if necessary.
230/250-2202.""
.
.
Mr. Steve Ach
September 22, 1994
Page Two
4. In the northeast corner of the site, there are two drainage and utility easements
shown. The most southwesterly is the proposed alignment of the storm sewer exiting
the Hillside Crossing area north of 193rd Avenue. The most northeasterly of these
two easements was a previously described and granted easement for future storm
sewer extension. It was not the best route; therefore, the southwesterly easement was
granted, making the northeasterly no longer needed. It could be vacated at any time.
5. The preliminary plat shows an existing 30-foot wide drainage and utility easement
along the old south and east border of Outlot A of Oak Pare Plaza First Addition
which is proposed to be vacated. This was the easement that was previously provided
. to protect the ridge line from the removal of trees. With the additional area added.
to the plat and the location of proposed buildings on the site, it is proposed to vacate
these easements. I believe that the site plan to be provided by the developers at some
point in the future will indicate a minimal number of buildings to be provided in this
area with the majority of the trees to be saved.
6.
Outlot A, which contains a portion of the regional pond to be granted to the City,
. needs to be combined at some point in the future with additional pond easements or
outlots south of this site. We understand that these remaining ponding areas will be
granted in the future with the Cherryhill Bluffs Fourth Addition.
.
7. Glenn Sundeen, from the Elk River Municipal Utilities, indicated that he would like
to have additional easements on the site for the extension of power lines. He
indicated that he will be bringing power from the north down the 50-foot utility
easement which contains the sanitary sewer and water, but needs to loop this
electrical facility back to the northeast to Dodge A venue near the Cherryhill Bluffs
First Addition. We would recommend that the developers work with the Elk River
Municipal Utilities to provide the necessary easements to facilitate electrical
extensions into the plat.
If you have any questions regarding these comments, please call.
Sincerely,
.
MSA, CONSULTING ENGINEERS
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Gat-y Schmitz
City o~ Elk River
PO BOl< 490
13065 Orono Parkway
Elk River, MN 55330
Ti m Edgeton
Sherburne County Tree Board
26401 180th St.
Big Lake, MN 55309
Dea~- Giilry,
.
On Tuesday, September 20,.we inspected a parcel o~ land
owned by the city located just south of 193rd Ave. and east
o~ Hwy. 169. OUt- pt-imat-y objective was to identi~y b-ee
species composition and determine the overall health o~ the
trees" We also discussed tree removal for a drainage system
and ~actors to consider when doing this.
The overall health of the trees is very good" The stand
consists of mostly oak with some understory trees including
elm, ash, bOl-:elder, maple, aspen, and chen'y. The n;)d oak
a~'e qLlite matLlt"E" and compose most of the canopy" r I~OL.lld
estimate that about 60% of the b"ees at-e bLtr oak, :;0% at"e
tOed oak, and 10% of mil<ed tn~e species. Thet"e WeH"e a fe~w
small pockets o'F dead b"ees that have been dead fot" ",tlme
time indicating the dieback was probably a result of
dt"ought/lnsec:t damage. The lat"gest at'ea with mot"tallty was
on the fat.. w,",st side of the wetland along the slope. This
also had been dead for some time and looked more like
drought and/or two-lined chestnut borer damage than anything
else. Overall, the stand looked fairly healthy. There was no
oak wilt obsE'wved on this pt"opet"ty. The~-e is a sm,.l1 oak
wilt in~ection centet" just. SOLlth of this wetland but not
owned by the city.
Regat"ding the dt"a!nage system, with any tl'-ee t'ernoval,
there should be precautionary steps taken to prevent
overland sp~-ead of oak wi It and construction damage" This
includes using pt"otective ban-iet" ~encing at"ound "save"
b"ees, coved ng any open wounds on oak from Ap I" il 1 - JLII Y
15, and avoiding drastic gt'ade changes neat" "save" trees. I.F
! can be ass istance dLlt" i ng thi s pt-ocess, p lease contact me
at 263-8522.
.
Slncet"ely,
r;::~ 2~~
Ti m Edgeton
County Forest Resource Specialist
Sherburne County Tree Board