7.15. SR 03-20-1995~~r ~~
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ity of ,~~
lk •
River TO:
FROM:
DATE:
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MEMORANDUM
Mayor and City Council
Steven B. Ach, City Planner,,,~~~~~2--
March 20, 1995
SUBJECT: Request for Final Plat Approval by
Country Ridge Partnership
Issue
Consider Resolution No. 95- granting Final Plat Approval for Country
Crossing Business Center by Country Ridge Partnership.
Location
Southwest corner of future Joplin Street and U.S. Highway 10.
• Zoning/Land Use
BP (Business Park)/LI (Light Industrial).
Attachments
• Final Plat
• Resolution 95-
• City Council Minutes dated 2/27/95
Overview
Final plat consists of three (3) buildable lots and three (3) outlots. In
addition, as reviewed by the City Engineer adequate right-of--way for the
future extension of Joplin Street and the start of a frontage road (Business
Center Drive) both east and west of Joplin have been provided for.
Outlot B will be replatted in the future for development consideration. The
replatting of Outlot B will be based upon market demands and the type of
businesses locating to the Business Park.. Lots 1 and 2, Block 1, are the two
(2) lots programmed for commercial development. Therefore, the City
Council has approved the preliminary plat with the condition that these two
• (2) lots are required to pay park dedication in the amount of $1,500 per acre.
13065 Orono Parkway • P.O. Box 490 • Elk River, MN 55330 • (612) 441-7420 • Fax: (612) 441-7425
Memo to Mayor and City Council
March 20, 1995
Final Plat/Country Ridge
•
Page 2
Outlot A
During the preliminary plat review by the City Council, the Developer
expressed a concern for deeding Outlot A to the City with no
compensation. Staff originally recommended Outlot A be deeded to
the City for three (3) reasons:
• Outlots left in a situation similar to that show of the final plat
are candidates for eventually going tax forfeit.
• Preserve options for additional right-of--way needs along
Joplin and east frontage road extension.
• Preserve access options for Cenex until the east frontage road
is completed.
The City Council recommended that some compensation should be
considered for Outlot A and be presented at the time of final plat.
The current status of Outlot A is a storm drainage pond to
accommodate the developer's storm water needs. If this area was not
used as a storm water pond, an alternative site would have to be
• provided. Therefore, it is difficult to justify providing compensation for
a storm pond that is required to develop the property. As the Council
is aware, virtually every project has a storm drainage pond associated
with its development. Providing compensation for storm drainage
purposes may have some backlashing effects.
An alternative solution would be to provide compensation to Mr.
Emmerich based on the need to retain access (temporary) for Cenex
until the east frontage road is constructed. Terry Maurer has
determined that approximately one-fourth of Outlot A must be
utilized to successfully construct a temporary drive for Cenex. Based
on this, it is recommended that Outlot A be deeded to the City and that
compensation in the amount of $1,100.00 be provided to Mr. Emmerich
for the portion of Outlot A needed for access purposes. This number is
equivalent to one-fourth the value ($4,400 per 1/2 acre) mentioned by
the developer for Outlot A. Compensation to Mr. Emmerich based on
the City's need for access purposes will not be a precedent for
providing compensation for a storm water drainage pond.
Staff would offer the following options for the City Council to consider:
• 1. Developer deed Outlot A to the City with no compensation.
s:planning:cr-partn
Memo to Mayor and City Council Page 3
March 20, 1995
Final Plat/Country Ridge
-----------------------------------------------
2. Developer deed Outlot A to the City and the City compensate
the developer in the amount of $1,100 for that portion of outlot
A needed for access purposes.
Frontage Road Extending East of Joplin
Dave Loch, County Administrator, will be at Monday night's meeting
to present some issues the County Board has with extending the
frontage road east of Joplin at this time. If these issues can be
resolved within approximately the next month, there is the possibility
the east frontage road will be built this summer. In the event this
frontage road gets built, the City will no longer need to construct a
temporary access for Cenex. This would allow the ideal situation to
occur by completing the frontage road connection with Orono Road and
establish a safe, long-term traffic pattern for the area.
Recommendation
It is recommended the City Council approve Resolution No. 95-_. granting
final plat approval for Country Crossing Business Center by Country Ridge
Partnership.
**Please Note: The resolution includes a condition (number 7) establishing
compensation in the amount of $1,100 for access purposes Outlot A being
deeded to the City. This is Option 2 outlined in the staff report.
•
s:planning:cr-partn
RESOLUTION NO. 95 -
CITY OF ELK RIVER
A RESOLUTION GRANTING FINAL PLAT APPROVAL FOR:
COUNTRY CROSSING BUSINESS CENTER
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 February 27, 1995; 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 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 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
. and duly seconded by Council
.. The following voted in favor of the Resolution
The following voted against the Resolution:
The following were absent:
i
s:document: resolution:P94-14
Page 2
Member
Member
• WHEREUPON the resolution is adopted.
Passed and adopted this day of , 1995
Henry Duitsman, 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 , 1995.
WITNESS my hand officially as such Clerk and the corporate seal of the
City this day of , 1995.
Sandra Thackeray, City Clerk
STATE OF MINNESOTA
SS.
COUNTY OF SHERBURNE
The foregoing instrument was acknowledged before me this day of
1995, by Henry Duitsman, Mayor, City of Elk River,
Minnesota.
Notary Public
s:document:resolution:P94-14 Page 3
•
STATE OF MINNESOTA
SS.
COUNTY OF SHERBURNE
The foregoing instrument was acknowledged before me this day of
1995, by Sandra Thackeray, City Clerk, City of Elk River,
Minnesota.
Notary Public
THIS INSTRUMENT WAS DRAFTED BY:
LARKIN, HOFFMAN, DALY & LINDGREN, Ltd.
. 1500 IVorwest Financial Center
7900 Xerxes Avenue South
Bloomington, MN 55431
s:document:resolution:P94-14 Page 4
• EXHIBIT A
All that part of the Northwest 1/4 of the Southwest 1/4, Section 32, Township 33,
Range 26, Sherburne County, MN. Lying south of U.S. Highway No. 10 and
lying north of Country Crossings Second Addition; together with Outlot A,
Country Crossing Second Addition.
•
s:document:resolution:P94-14 Page 5
EXHIBIT B
. 1. ALL COMMENTS IN THE CITY ENGINEER'S MEMO DATED 1/19/95 BE
INCORPORATED INTO THE REVISED PRELIMINARY PLAT DRAWINGS.
2. COORDINATION WITH U.S. WEST TO ESTABLISH A CORRIDOR ALONG WITH
THE CONSTRUCTION OF JOPLIN BE ACCOMPLISHED.
3. A DECORATIVE STREET LIGHT BE INSTALLED ALONG JOPLIN AND BUSINESS
CENTER DRIVE. THIS STREET LIGHT DETAIL SHALL BE COORDINATED WITH ELK
RIVER UTILITIES AND THE CITY ENGINEER DURING THE PREPARATION OF PLANS
AND SPECIFICATIONS.
4. PAYMENT OF PARK DEDICATION IN THE AMOUNT OF $1,500 PER ACRE FOR
THE TWO LOTS BEING PROPOSED ALONG HIGHWAY 10 IN THIS PRELIMINARY
PLAT. THIS PARK DEDICATION SHALL BE PAID PRIOR TO THE RELEASE OF FINAL
PLAT FOR RECORDING.
5. A SURFACE WATER MANAGEMENT FEE IN THE AMOUNT OF $720 PER ACRE BE
PAID PRIOR TO THE RELEASE OF THE FINAL PLAT FOR RECORDING. THIS FEE
SHALL APPLY TO ONLY THE THREE LOTS BEING CREATED AT THIS TIME. FUTURE
PAYMENT WILL BE BASED UPON THE CITY'S RATE AT THE TIME OF FINAL PLAT.
6. A DEVELOPER'S AGREEMENT OUTLINING THE TERMS AND CONDITIONS FOR
THE PUBLIC IMPROVEMENTS ASSOCIATED WITH THE PROPOSED PRELIMINARY
PLAT BE PREPARED AND EXECUTED PRIOR TO THE RELEASE OF FINAL PLAT FOR
RECORDING.
7. OUTLOT A BE DEEDED TO THE CITY AND THE CITY COMPENSATE THE
DEVELOPER $1,100.00 FOR THAT PORTION OF OUTLOT A NEEDED FOR ACCESS
PURPOSES.
8. OUTLOT A SHOULD BE IDENTIFIED ON THE FINAL PLAT AS HAVING A
DRAINAGE AND UTILITY EASEMENT OVER ITS ENTIRETY.
9. APPROPRIATE PERMITS FROM MN/DOT BE OBTAINED FOR ANY WORK WITHIN
THE RIGHT-OF-WAY.
10. RESTRICTED ACCESS ALONG HIGHWAY 10 BE INCLUDED ON THE FINAL PLAT.
11. APPROPRIATE EASEMENTS FOR DRAINAGE AND UTILITIES BE PROVIDED AS
REQUESTED BY ELK RIVER UTILITIES AND CITY ENGINEER.
12. A SIX (6) FOOT SIDEWALK BE PROVIDED ALONG THE SOUTH SIDE OF BUSINESS
CENTER DRIVE.
13. OUTLOT C BE DEEDED TO THE CITY TO ACCOMMODATE DRAINAGE AND
UTILITY NEEDS AND US WEST IMPROVEMENTS.
14. WATER AVAILABILITY CHARGE IN THE AMOUNT OF $300.00 PER LOT BE PAID
TO ELK RIVER UTILITIES PRIOR TO RELEASE OF FINAL PLAT.
. 15. SEAL COATING FEE IN THE AMOUNT OF $2,741.00 BE PAID TO THE CITY PRIOR
TO RELEASING THE PLAT FOR RECORDING.
s:document:resolution:P94-14 Page 6
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Elk River City Council Minutes
February 27, 1995
Page 7
• 7.6. Preliminary Plat Reauest for Country Ridge Partnership Public Hearing Case No P
94-14
City Planner Steve Ach stated that Country Ridge Partnership is requesting a
preliminary plat to subdivide approximately 37 acres into three lots, with the
balance being platted as an Outlot. The site is located at the southwest corner
of .Highway 10 and the future Joplin Street alignment (immediately west of the
Cenex gas station and the County Fairgrounds).
Mr. Ach reviewed some of the Park and Recreation Commission and Planning
Commission comments as they related to parks and trails in this area. It was
noted that representatives of Cenex have submitted a letter requesting
continued access to their facility.
Mayor Duitsman opened the public hearing.
Jay Johnson, developer representative, reviewed his objections to Items 4, 7, and
12 in the staff recommended conditions for approval of the preliminary plat.
City Engineer Terry Maurer indicated that Item 12 is an error and should be
removed from the list of approval conditions. Additionally, it was noted that the
phrase "west side of Joplin and" should be removed from Item 11.
City Attorney Peter Beck reviewed the legal issues associated with the park
• dedication requirements.
The City Council discussed Item 7 relating to Outlot A being a drainage pond and
deeded to the City.
There being no further comments from the public, Mayor Duitsman closed the
public hearing.
The City Council discussed the park dedication requirements for this preliminary
_~~plat and continued to discuss the City's Surface Water Management policies.
The Council concurred that if Outlot A was going to be used by the City for road
purposes (temporary access to Cenex) then some financial consideration should
be made to the developer for this property.
COUNCILMEMBER HOLMGREN MOVED TO APPROVE THE PRELIMINARY PLAT REQUEST
BY COUNTRY RIDGE PARTNERSHIP WITH THE FOLLOWING CONDITIONS AS
RECOMMENDED IN STAFF'S 2/27/95 REPORT AND AS REVIEWED BY THE CITY
COUNCIL:
1. ALL COMMENTS IN THE CITY ENGINEER'S MEMO DATED 1/19/95 BE
INCORPORATED INTO THE REVISED PRELIMINARY PLAT DRAWINGS.
2. COORDINATION WITH U.S. WEST TO ESTABLISH A CORRIDOR ALONG WITH
THE CONSTRUCTION OF JOPLIN BE ACCOMPLISHED.
• 3. A DECORATIVE STREET LIGHT BE INSTALLED ALONG JOPLIN AND BUSINESS
CENTER DRIVE. THIS STREET LIGHT DETAIL SHALL BE COORDINATED WITH ELK
Elk River City Council Minutes
February 27, 1995
----------------------------
Page 8
RIVER UTILITIES AND THE CITY ENGINEER DURING THE PREPARATION OF PLANS
AND SPECIFICATIONS.
4. PAYMENT OF PARK DEDICATION IN THE AMOUNT OF $1,500 PER ACRE FOR
THE TWO LOTS BEING PROPOSED ALONG HIGHWAY 10 IN THIS PRELIMINARY
PLAT. THIS PARK DEDICATION SHALL BE PAID PRIOR TO THE RELEASE OF FiNAI
PLAT FOR RECORDING.
5. A SURFACE WATER MANAGEMENT FEE IN THE AMOUNT OF $720 PER ACRE BE
PAID PRIOR TO THE RELEASE OF THE FINAL PLAT FOR RECORDING. THIS FEE
SHALL APPLY TO ONLY THE THREE LOTS BEING CREATED AT THIS TIME. FUTURE
PAYMENT WILL BE BASED UPON THE CITY'S RATE AT THE TIME OF FINAL PLAT.
6. A DEVELOPER'S AGREEMENT OUTLINING THE TERMS AND CONDITIONS FOR
THE PUBLIC IMPROVEMENTS ASSOCIATED WITH THE PROPOSED PRELIMINARY
PLAT BE PREPARED AND EXECUTED PRIOR TO THE RELEASE OF FINAL PLAT FOR
RECORDING.
7. OUTLOT A BE DEEDED TO THE CITY PRIOR TO RELEASE OF FINAL PLAT FOR
RE~ORDING. THE CITY WILL CONSIDER APPROPRIATE COMPENSATION FOR
OUTLOT A AT THE TIME OF FiNAI PLAT.
8. APPROPRIATE PERMITS FROM MN/DOT BE OBTAINED FOR ANY WORK WITHIN
THE RIGHT-OF-WAY.
•
9. RESTRICTED ACCESS ALONG HIGHWAY 10 BE INCLUDED ON THE FINAL PLAT.
10. APPROPRIATE EASEMENTS FOR DRAINAGE AND UTILITIES BE PROVIDED AS
REQUESTED BY ELK RIVER UTILITIES AND CITY ENGINEER.
11. A SIX (6) FOOT SIDEWALK BE PROVIDED ALONG THE SOUTH SIDE OF BUSINESS
CENTER DRIVE.
12. OUTLOT D BE DELETED AND MADE PART OF LOT 2 AND ENCUMBERED BY A
DRAINAGE AND UTILITY EASEMENT.
13. OUTLOT C BE DEEDED TO THE CITY TO ACCOMMODATE DRAINAGE AND
UTILITY NEEDS AND US WEST IMPROVEMENTS.
14. WATER AVAILABILITY CHARGE IN THE AMOUNT OF $300.00 PER LOT BE PAID
TO ELK RIVER UTILITIES PRIOR TO RELEASE CF FINAL PLAT.
15. SEAL COATING FEE 1N THE AMOUNT OF $2,741.00 BE PAID TO THE CITY PRIOR
TO RELEASING THE PLAT FOR RECORDING.
COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 4-1.
Councilmember Dietz opposed based on his concern over park dedication fees.
7.7. Conditional Use Permit Request for River Woods Development Corporation, Public
Hearina, Case No. CU 94-40
City Planner Steve Ach stated that River Woods Development Corporation is
requesting a conditional use permit to construct a 20,000 square foot