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8.10. SR 07-17-1995~~r ~~ ~~ ity of ~~ 11~ • River TO: FROM: DATE: MEMORANDUM Mayor & City Council ITEM 8.10 Steven B. Ach, City Planner~~e~~ July 17, 1995 SUBJECT: Consider Final Plat Approval of Elk River Retail Center, Case No. P 94-10. Issue Consider Resolution No. 95- granting final plat approval for Elk River Retail Center. Attachments • Final plat. • Resolution No. 95- Overview The proposed final plat consists of four commercial lots along Elk Hills Drive, Dodge, and US Hwy 169. The configuration of lots 1, 2, & 3 have not changed dramatically since preliminary plat approval. However, lot 4 has been modified to include the proposed storm drainage pond at the south end of the plat. The developable portion of lot 4 is located on the north end of the plat, with a 5-foot connection along the US Hwy 169 right-of--way to the south end of the plat, where the development will have a storm drainage pond. This irregular lot configuration was created to address some of the concerns by perspective tenants regarding ownership and maintenance of the storm drainage pond. A final plat has also been prepared reflecting the developers proposal to vacate a portion of Dodge Street north of Elk Hills Drive. If this portion of Dodge Street is vacated, the right-of--way will become part of lot 4, which is the storm drainage pond and a corner of lot 1. The final plat has also been prepared in accordance to the developers best understanding of the improvements to take place on Dodge Street north of Elk Hills Drive. • Therefore, if additional right-of--way is needed the final plat will have to be revised accordingly. The developers are fully aware that the easement S: Council/P94-10 13065 Orono Parkway • P.O. Box 490 • Elk River, MN 55330 • (612) 441-7420 • Fax: (612) 441-7425 Memo To The City Council July 17, 1995 Page 2 • vacation, and final plat is contingent upon the improvement plans for Dodge Street; therefore, any changes to the plans will require the plat to be amended accordingly. Recommendation It is recommended that the City Council approve Resolution No. 95- , granting final plat approval for the Elk River Retail Center with the following conditions: 1. A developers agreement be prepared and executed prior to release of final plat for recording. 2. Park dedication fee in the amount of 1,500 per acre be paid prior to the release of final plat. 3. A storm drainage impact fee in the amount of $741.60 per acre, to be paid prior to release of final plat. 4. Developer construct a 6-foot wide concrete sidewalk along the west side of Dodge Avenue, from the intersection of Elk Hills Drive to the • northern limits of the proposed development. 5. Developer pay fair share of road improvements to Dodge Avenue and Elk Hills Drive, between Dodge and US Hwy 169. This Fair-Share Agreement be outlined, and be made part of the developers agreement. 6. Cross Access Parking Agreement be prepared and reviewed by the city prior to releasing the final plat, for recording. 7. Necessary road improvements to Dodge and Elk Hills Drive be completed prior to occupancy of any buildings within the planned unit development. 8. Necessary drainage and utility easements be included on the plat that correspond with the proposed improvements to Dodge Street and Elk Hills Drive. 9. Drainage calculations be provided to the City Engineer to verify adequate sizing of storm drainage pond at south end of the plat. 10. Water access charge in the amount of $300 per lot shall be paid to Elk River Utilities prior to release of final plat for recording. Additional. • fees will need to be paid at the time of actual hook-up to the system. S: Council/P94-10 • RESOLUTION NO. 95 - CITY OF ELK RIVER A RESOLUTION GRANTING FINAL PLAT APPROVAL FOR: ELK RIVER RETAIL 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 November 21, 1994; 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 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: • retail/resolution Page 2 • 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 • retail/resolution Page 3 r~ ~~ 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 Norwest Financial Center 7900 Xerxes Avenue South Bloomington, MN 55431 • retail/resolution Page 4 • EXHIBIT A Outlot A, Deerfield 3rd Addition, Sherburne County Minnesota retail/resolution Page 5 Bs ~~? &° I g 2 ~3 E$ E53 g " I ~ Y ~ f a i ;~_ _ W ~ 3 r 5 f . 3 i ~, 3 ~ Y _ I w ° ~~~ a ~ '~" ~ = ` ° o ,.2- I S. is - gic g 3 ~' ~; as x'95 a6~ l _ ~ ~' ° i S S yy I E m ~ g " ` ' ` ut 0 E~ m D~ ~ E S 5 . 3 . i ~ d ss E - 5 - e gz ~5 a:i ~ m•o • m ~ e i r ~° -~ Y w y E ~ a w ~~ s wE: t x Z o= n ° z~ 2 ~3 ~ S e z Wo 7s - i ~ S ~ E e = 8 - ` U ° ~ ~ w ` ~ a 3 ~ ~fr ~ ~ - ~ g 3 - : a g ° E° ° - I 2 E I u E ° ~ u e ~` ~ ~ v ~s F ° ' E w En 2 ° ~Sm iS Wo m o ° ~ m u E3 0 _ ~ e mz 9 t c L s g @ $° El ': ~,_~c°c2 g y EB x a~$ u q u ~E ~ aS~° , c m%'q a g- m c ~, Z9 p s E ' 'co~$ :2e SE°i> °6g ' m ~ o _~ yy ~ m.Ew° E~E r~°`P°.S L ""eS ¢ -II 3. 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