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6.7. SR 08-20-2007 REQUEST FO~ ACTION I I I To Ci Council Agenda Section Communi Develo ment Item Description Consider Resolution for Pinal Plat Approval (Elk River Crossing 7th Addition) requested by STM Development, Case No. P 07-08 Meeting Date Au st 20, 2007 Item Number 6.7. Prepared by Chris Leeseber , Park Planner Reviewed by erem Barnhart, Plannin Reviewed by Action Requested Staff recommends that the City Council approve tp.e Pinal Plat request, as illustrated on drawings dated 8-15-07, with the following conditions: I 1. The development shall meet all applic~ble fire codes. The Fire Chief shall verify the location of all fire hydrants, and may require additional hydrants necessary to preserve the health and safety of the residents. 2. All required subdivision/park informa~ion shall be provided in an electronic format (.dwg file) as required by the City Ordi~ance and Land Use Application prior to recording of the plat. Attachments . Location Map . Pinal Plat Resolution No. Action Motion by _ Second by --+- Vote Follow Up Case File: P 07-08 Page 2 Elk River Crossing Seventh STM Development General Information Applicant 60 Day Rule Requested Action location and Size STM Development The application has ~een deemed complete as of June 30, 2007. The City must take ahion by August 23, 2007 Final Plat Approval Vacant area on the nqrth side of Home Depot. location Existing Use land Use Plan Designation Current Zoning Subject Commercial Highway Business (HB) PUD Property North Commercial Highway Busipess (HB) PUD South Commercial Highway Busihess (HB) PUD East Commercial Highway Bus:i:ness (HB) PUD West Commercial Highway Bus~ess (HB) PUD Analysis In October of 1999 the City Council approved th~ Final Plat for Elk River Crossing. The plat had numerous Oudots that would be subject to [mal plat approval as they were developed. This proposal is one of those Oudots. The final plat is!being requested to construct a retail space that will be attached to the north end of Home Depot. The proposed lot will be within the existing vehic$lar circulation established on the site. All parking requirements were anticipated and provided for with the approval of the Home Depot site. The Final Plat request is consistent with the inten~ of the Preliminary Plat. Applicable Regulations Subdivision These [mdings are necessary for the city council a1Pproval of the [mal plat: , , (1) The proposed subdivision is consistent wz~t. the zoning regulations (article VI of this chapter) and confirms in all respects with all requirements of 1. is..code, including the zoning regulations and this article. (2) The proposed subdivision is consistent wit: all applicable general and specialized ciry, counry, and regional plans, including, but not limited to, the 's comprehensive development plan. S:\pLANNING\Case Files\Plat\P 07-08 Elk River Crossings 7th\P 07-0 _CC.doc i Case File: P 07-08 Page 3 Elk River Crossing Seventh STM Development (3) The plysical characteristics if the site, in,cluding but not limited to topograply, soils, vegetation, susceptibility to erosion and siltation, susceptibility to flooding, and drainage are suitable for the type and density if development and uses contemplated. . (4) The proposed subdivision makes adequare provision for water supplY, storm drainage, sewage transportation, erosion control and all other services, facilities and improvements otherwise required in this article. (5) The proposed subdivision will not cause substantial environmental damage. (6) The proposed subdivision will not conflict with easements if record or with easements established I?J judgment if a court. (7) The proposed subdivision will not have an undue and adverse impact on the reasonable development if neighboring land. (8) The proposed subdivision is not premature. 4 subdivision is premature if aJ?Y if the following exists: a. Lack if adequate stormwater drainage. b. Lack if adequate roads. c. Lack if adequate sanitary sewer .rystems. d. Lack if adequate riffsite public improvementj1 or support .rystems. In the review of the standards for a Final Plat as o~tlined, it appears that the request is consistent with all of these standards. Action Motion by _ Second by Vote Follow Up i s \PLANNING\C." Fil<<\P10,\P 07.08 Elk JU.cr Cm,""" 7<h \P 07.0I-CCdOl i RESOLUTION NO. 07 - CITY OF ELK RIVER A RESOLUTION GRANTING FINAL PLAT APPROVAL FOR: Elk River Crossing 7th Addition Case No. P 07-08 WHEREAS, application has been made for final plat approval, pursuant to Section t008.08 (l)(c) of the Elk River City Code of Ordinances, of the property legally described as Outlot A Elk River Crossing 5th Addition and hereinafter referred to as "the Property"; and WHEREAS, the application for pre:funinary 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 May 17, 1999; and WHEREAS, the proposed final 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 RES0LVED 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 i$ 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 regionalJ?lans including, but not limited to, the City's Comprehensive Development Plan. C. The physical characteristics I of the site, including, but not limited to, topography, soils, vegetation, susceptibility to erosion and siltation, susceptibility to flooding, and drainage are suitable fok 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 willinot 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 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 one year from the date of this resolution if the final plat is not recorded within that time. The foregoing resolution was introdpced 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 August, 2007. Stephanie A. Klinzing, Mayor ATTEST Tina Allard, City Clerk i CERTIFICATE STATE OF MINNESOTA COUNTY OF SHERBURNE CITY OF ELK RIVER I, the undersigned, being the duly qualiified and acting Clerk of the City of Elk River, Minnesota, hereby certify that the above resolption is a true and correct copy of the resolution as adopted by the City Council of the City of Elk River on August 20, 2007. WIlNESS my hand officially as such Clerk and the corporate seal of the City this 20th day of August, 2007. Tina Allard, City Clerk EXHlBIT A LEGAL DESCRIPTION The land referred to is situated in the State of iMinnesota, County of Sherburne, and is described as follows: . Oudot A, ELK RNER CROSSING SthlAddition, Sherburne County, Minnesota. EXHIBIT B Conditions: 1. The development shall meet all applicable fire codes. The Fire Chief shall verify the location of all fire hydranJs, and may require additional hydrants necessary to preserve the health and safety of the residents. 2. All required subdivision/park information shall be provided in an electronic format (.dwg file) as required by the City Ordinance and Land Use Application prior to recording of the plat. : 1 c R V 0 I I- W W [~ I w z <( N \ ;; I ! ~n 0 S \ c n-9th AVENUE NW \ I DW,Ti\lAI CI~ I Location Map Case Number: P 07-08 ELK RIVER CROSSING 7TH I G ~CL ~UI ruJ DI~I ~I D/li I~ 1][ 1f N 0,\1 W\lJ Ptlljudil\1lUlUI1WI~u\fIW\.1 \.i'lUJil'l}fPlAT.LlwU. MWOil, BJI:il2011111;;!~;Ol AM, J~'ill'b..ij <-. o :::,~ ~ C) ,- ~. '" '1 tJl I a R,' ~ 10 CJ} o CJ) .." 0 ('l 1-.) p. t}l ....... 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