7.7. SR 01-16-1995
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flif River
ITEM 7. 7
MEMORANDUM
FROM:
MAYOR AND CITY COUNCIL
STEVEN B. ACH ~
TO:
DATE:
OCTOBER 17, 1994
SUBJECT: REQUEST FOR PRELIMINARY PLAT
BY RIVERSIDE DEVELOPMENT
COMPANY, 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 I LAND USE
C3 (Highway Commercial), Rlc (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.
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P.O. Box 490 · 13065 Orono Parkway · Elk River, MN 55330 · (612) 441-7420 · Fax: (612) 441-7425
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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.
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c:council:rivside
PARK AND REC COMMISSION RECOMMENDATION
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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.
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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. - -
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
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c:council:rivside
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8.
9.
10.
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
11.
.
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.
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c:council:rivside
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City Council Minutes
October 17. 1994
Page 9
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presently protects a ridge line from development activity. and. the easement is
needed for storm water ponding. storm sewer improvements and mitigation area.
7.5.
Consider a Land Use Amendment Reauest by Riverside Develooment. Public
Hearina. Case No. LUA 94-7
Request for a comprehensive land use plan amendment changing the land use
from MR (Medium Density Residential) to HB (Highway Business) fora strip of
property approximately one hundred feet in width along the southeast border of
Oak Parc Plaza. The Planning Commission and Staff recommend approval of the
request.
7.6. Consider a Zone Chanae Reauest by Riverside Develooment. Public hearina.
Case No. 94-11
Request for a zone change from R 1 c (Single Family Residential) and PUD (Planned
Unit Development) to C3 (Highway Commercial) for a strip of property
approximately one hundred feet in width along the southeast border of Oak Parc
Plaza. Planning Commission and Staff recommend approval of the request.
GI.:" C6nsid~ pr:limil1QrV PIQI Reauest by RiVerside beVeleD"'''"I, publiC: Hearina. Case
f", No. P 9411 ...
Request for a preliminary plat to plat approximately seventeen (17) acres into
one commercial lot and two outlots. Planning Commission and Staff recommend
approval of the request.
================ Council discussion and action on Items 7.3 - 7.7=============
City Planner Steve Ach presented the staff reports on each of the above items 7.3
- 7.7.
Mayor Duitsman opened the public hearings for items 7.3. through 7.7.
Jeff Gongoll representing Riverside Development reviewed aerial photos of the
site. He indicated that it is the developer's intention to make the area
environmentally pleasing and to follow the business park zoning guidelines. Mr.
Gongoll spoke specifically to the developer's request to vacate the drainage
and utility easement on Outlot A of Cherryhill Bluff's Addition. He stated that
delaying the vacation of the easements would be burdensome as far as
developing legal descriptions.
Planning Commission Representative Dan Tveite indicated that the Planning
Commission recommended that the easements not be vacated at this time
because the ridge line creates a natural barrier between the commercial and
residential property.
There being no further comments from the public. Mayor Duitsman closed the
public hearing.
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City Council Minutes
October 17, 1994
Page 10
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7.3. COUNCILMEMBER HOLMGREN MOVED TO ADOPT RESOLUTION 94-107, A
RESOLUTION FOR VACATING DRAINAGE AND UTILITY EASEMENT. COUNCILMEMBER
SCHEEL SECONDED THE MOTION. THE MOTION CARRIED 5-0.
7.4.
7.5.
7.6.
(}])
COUNCILMEMBER DIETZ MOVED TO DENY THE REQUEST TO VACATE THE DRAINAGE
AND UTILITY EASEMENT ON OUTLOT A, CHERRYHILL BLUFFS ADDITION.
COUNCILMEMBER SCHEEL SECONDED THE MOTION. THE MOTION CARRIED 5-0.
COUNCILMEMBER FARBER MOVED TO ADOPT RESOLUTION 94-108, A RESOLUTION
AMENDING THE COMPREHENSIVE PLAN TO CHANGE THE LAND USE FROM MR
(MEDIUM DENSITY RESIDENTIAL) TO HB (HIGHWAY BUSINESS) LUA 94.7.
COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0.
COUNCILMEMBER HOLMGREN MOVED TO ADOPT ORDINANCE 94-15, AN
ORDINANCE AMENDING THE CITY OF ELK RIVER ZONING MAP TO ZONE CERTAIN
PROPERTY FROM R1 C (SINGLE FAMILY RESIDENTIAL) AND PUD (PLANNED UNIT
DEVELOPMENT) TO C3 (HIGHWAY COMMERCIAL) ZC 94-11. COUNCILMEMBER
FARBER SECONDED THE MOTION. THE MOTION CARRIED 5-0.
COUNCILMEMBER FARBER MOVED TO APPROVE 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, WITH THE
FOLLOWING RECOMMENDATIONS:
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. WITH THE CITY HOLDING THE DEED UNTIL THE MITIGATION IS
COMPLETED.
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 ASSOCI~TED WITH THE DEVELOPMENT OF LOT 1. BLOCK 1,
HILLSIDE CROSSING SOUTH.
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 REPLATTlNG 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.
City Council Minutes
October 17, 1994
Page 11
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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.
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
13. STORM DRAINAGE FEE IN THE AMOUNT OF $720 PER ACRE 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.
COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 5-0.
7.9. Consider a Rezonina Reauest by. the City of Elk River. Public Hearina. Case No. ZC
94-10
City Planner Steve Ach indicated that the City is requesting to rezone
approximately 150 acres from PUD (Planned Unit Development) and C2 (Office
District) to BP (Business Park). He explained that on September 19. the City
Council continued discussion of this item to allow Country Ridge PartnerShip an
opportunity to submit a plan to the City illustrating how they would like their
property developed. He indicated that their property is included in the City's
proposed rezoning to BP. Mr. Achindicated that Country Ridge Partnership has
submitted a plan showing their preference in zoning the property with 13.acres
along Highway 10 zoned as C-3 (Highway Commercial) and the remaining 15
acres zoned as Business Park. Steve Ach indicated that following review of the
plan. staff is recommending that the entire area be rezoned to business park.
. Mayor Duitsman opened the public hearing.
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Jay Johnson of Country Ridge Partnership, indicated that Country Ridge
Partnership prefers that a portion of their property be zoned C-3. He indicated