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6.4. SR 02-17-2009REQUEST FOR ACTION To Item Number Ci Council 6.4. Agenda Section Meeting Date Prepared by Communi Develo ment Februa 17, 2009 Chris Leeseber ,Park Planner-Planner Item Description Reviewed by Resolution Approving Final Plat of Elk Ridge Center Fifth erem Barnhart, Plannin Mana er Addition, Requested by 740 Lakeland Partners, LLC, Reviewed by Case No. P 09-01 Action Requested Staff recommends that the City Council approve the request, as indicated on the drawing dated 2/11 /09, with the following conditions: 1. All comments in the City Engineer's memo dated February 4, 2009, shall be addressed. 2. 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. Current 2009 rate would be $1,112/acre. 3. The necessary drainage and utility easements be dedicated on the plat as required by the city. 4. Grading and erosion control plan and development plan be submitted and approved by the city engineer prior to the issuance of building permits. 5. All grading will need to be certified prior to the issuance of building permits. 6. Park dedication shall be in the form of cash at the rate applicable at the time of final plat approval. Current 2009 rate would be $7,298/acre. 7. Appropriate cross access easements shall be approved by the city and recorded with the plat prior to building permit. 8. All necessary trunk sanitary and water assessments, and lateral water assessments be paid prior to releasing the plat for recording. Summary On February 9, 2004, the Council approved the preliliunary plat for Elk Ridge Center. The preliminary plat included seven (7) commercial lots and the right-of--way for Holt Street from 194' Avenue to 197t1i Avenue. The final plat included platting the right-of--way for Holt Street and platting the commercial lots as outlots. The street layout is consistent with the approved preliminary plat. The outlots will be subject to final plat approval as they are developed. Park dedication fees will be required as each of the outlots are platted. On November 21, 2005 the City Council approved an amendment to the CUP which rearranged the building site pads. The amendment slightly reduced the overall allowable square foot of building. 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 S:\PLANNING MAIN\Case Files\Plat\P 09-O1 Elk Ridge Centel 5th\P 09-O1_CC.doc be platted into one buildable lot. This seems to be anticipated with the zero lot line. The overall outcome of the site will be one larger multi-tenant building in this area of the development. The multi- tenant building would be on multiple lots versus one large lot 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. Applicable Regulations Subdivision These findings are necessary for the City Council approval of the final plat: (7) The proposed subdivision is consistent with the tinning regulations (article VI of this chapter) and conforms in all respects with all requirements of this Code, including the honing regulations and this article. (2) The proposed subdivision is consistent with all applicable general and specialised city, county, and regional plans, including but not limited to, the city's Comprehensive Development Plan. (3) 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. (4) The proposed subdivision makes adequate 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 of record or with easements established by 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 any of the following exists: a. Lack of adequate stormwater drainage. b. Lack of adequate roads. c. Lack of adequate sanitary sewer ystems. d. Lack of adequate off-site public improvements or support systems. In the review of the standards for a final plat as outlined, it appears that the request is consistent with all of these standards. Attachments • Location Map • Memo from the Public Works Director dated February 4, 2009 • Plat • Resolution Action Motion by Second by Vote Follow Up S:\PLANNING MAIN\Case Files\Plat\P 09-O1 Elk Ridge Center 5th\P 09-01_CC.doc Wb' LZ~8b~6 6002/ZT/Z '6nnp~deW uoile~o~~yl5 ~aTua~ a6pib ~I~3 TO-60 d\leld\sapj ase~~9NINNb'ld\~S .ver MEMORANDUM TO: Jeremy Barnhart, Planning Manager FROM: Terry Maurer, Public Works Director DATE: February 4, 2009 SUBJECT: Elk Ridge Center Fifth Addition Building Expansion File: 226-210P As requested, I have reviewed the plan set prepared by MFRA and dated December 2008 .for the platting of Elk Ridge Center Fifth Addition and the expansion of the existing Aldi's building into Lot 1, Block 1 of the Fifth Addition. Based on my review I would offer the following comments: 1. The plat of the Fifth Addition includes one lot immediately adjacent to the lot containing the Aldi's building. The newly created lot was graded and a retaining wall and landscaping were installed at the time that the Aldi's building was constructed. 2. Development of the building on Lot 1, Block 1 will require some modest extensions of the utilities; first a sanitary sewer service is being constructed to serve the building; and second, an extension of the watermain to the northeast corner of the building and the installation of a new hydrant, along with building a water service. This extension of watermain, because it contains a hydrant, will be considered public and it will be required to have a 10-foot wide drainage and utility easement associated with it. This should be added to the plat before it is recorded. There is also some extension of the storm sewer on the site. These extensions will be considered private because they drain a private parking area. 3. There should be cross access agreements in place between the Aldi's site and the newly created site. 4. Even though the site has been previously graded, it is over an acre of disturbed land and a NPDES permit will be required along with a Storm Water Pollution Prevention Plan (SWPPP). The SWPPP needs to be in an 8 1 /2 x 11 inch format and signed by the developer, engineer and contractor. S:\PLANNING 1biAIN\Case Files\Plat\P 09-O1 Elk Ridge Center 5th\02-04-09 engrs comments.doc 5. At the end of construction, record drawings will be required that show the GIS locations of all utility infrastructure built on the site. The format of this information will be similar to other developments in this project, or can be obtained from John Anderson. His phone number is 763/635-1052. There will be some city charges for inspection generated through the development of this site. City inspection of the public watermain facilities, erosion protection, and general site inspection to ensure that all improvements are built according to the approved plan, will generate fees to the owner. If you have any questions regarding any of this information, please contact me. S:\PLANNING i~LAIN\Case Files\Plat\P-09-01 Elk Ridge Center 5th\02-0409 engrs comments.doc RESOLUTION NO. 09 - CITY OF ELK RIVER A RESOLUTION GRANTING FINAL PLAT APPROVAL FOR: Elk Ridge Center 5th Addition Case No. P 09-01 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 as Outlot A Elk Ridge Center 4~' 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 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 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 17th day of February, 2009. Stephanie A. Klinzing, Mayor ATTEST Tina Allard, City Clerk 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 17, 2009. WITNESS my hand officially as such Clerk and the corporate seal of the City this 17th day of February, 2009. 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 4`" Addition, Sherburne County, Minnesota. EXHIBIT B Conditions: 1. All comments in the City Engineer's memo dated February 4, 2009, shall be addressed. 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 shall 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. 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.