8.5. SR 01-21-1997ity of
iver
ITEM 8.5.
MEMORANDUM
TO: City Council
FROM: Steve Ach, City Plannerj~~
DATE: January 21, 1997
SUBJECT: Final Plat Request by the City of Elk
River, Parkview Addition, Case No.
P 96-12
Issue
Consider Resolution No. 97-__, granting final plat approval for the City of
Elk River to subdivide 115 acres into 1 single family lot and two outlots.
Attachments
· Final plat
· Resolution No. 97-.__
· Location map
· Minutes from December 16, 1996 City Council meeting
Zoning/Land Use
Rla (Single Family Residential) / MR (Medium Density Residential) and I-2
(Medium Industrial) / MI (Medium Industrial)
Location
Southwest corner of 165th Avenue and Jarvis Street
Overview
The preliminary plat of the subject property was approved by the City
Council on December 16, 1996 and included a total of 6 single family lots and
one outlot. Five of the lots were to front onto 165th Avenue, with one of the
lots fronting onto Jarvis Street. At this time, the final plat includes the one
lot on Jarvis Street consisting of approximately 15 acres in size. The
remaining five lots will require replatting Outlot A as approved in the
preliminary plat at any time the Council desires to initiate the sale of those
lots.
13065 Orono Parkway · P.O. Box 490 · Elk River, MN 55330 · (612) 441-7420 · Fax: (612) 441-7425
Memo to the Mayor and City Council/P96-12
January 21, 1997
Page 2
Outlot B as shown on the final plat is the area intended for recreational fields
as well as the area intended for sludge disposal from the treatment facility.
The recreational fields are planned to occur on the northern portion of Outlot
B while the disposal of sludge is to occur on the south half in the area
presently zoned medium industrial.
Residential Lot Sizes
As previously presented to the City Council, all of the residential lots within
the plat exceed the 2-1/2 acre minimum lot size requirement. Lot 1, Block 1
which is being platted at this time is approximately 15 acres in size.
Although Lot 1, Block I is 15 acres in size, approximately 10 acres of the lot
is either wetland or an area planned for mitigation. The wetland mitigation
is important to achieve additional upland area for the development of the
recreational fields. All of the wetland areas on Lot I and Outlot A will be
encumbered with the appropriate drainage and utility easements.
Disclosure Document
As part of selling the residential lots in this plat, a disclosure document will
be included to inform the purchasers of the property of the planned
surrounding activities, possible street improvements and other pertinent
information the residents may be concerned about at a later date. Staff had
intended on having a draft of this disclosure document available for the City
Council to review along with the final plat, however, this document has not
been completed yet. If the Council would like to see this document, it could
be brought back to the Council at a later meeting for review. Otherwise, staff
will proceed working with the city attorney in completing this document and
making it part of the sale of Lot 1, Block 1.
Lot Line Adjustment on Lot 1, Block I
When the preliminary plat was presented to the City Council it was
recommended that the westerly lot line on Lot 1, Block 1 be adjusted to
coincide with the existing ditch that bisects the property. After reviewing
this further, it did not appear as though it would make much difference
whether the lot line followed the ditch or remained in its proposed location
along the quarter section line. Therefore, as previously recommended the
westerly lot line has not been adjusted and that condition has been removed
from the conditions for approval.
s:XcouncilXp96-12x.doc
Memo to the Mayor and City Council/P96-12
January 21, 1997
Recommendation
Page 3
It is recommended the City Council approve Resolution No. 97- ., granting
final plat approval for Parkview Addition to subdivide 115 acres into I single
family lot and two outlots with the following conditions:
A disclosure document be prepared and included along with the sale of
each parcel in the plat, notifying the buyer of planned surrounding
land uses, possible street improvements, and other pertinent issues
that may be of interest to the prospective homeowner.
The appropriate development fees associated with recording the plat
be paid prior to releasing the plat for recording.
o
Prior to issuance of a building permit on Lot 1, Block 1, a percolation
test and soil borings be provided to the city to determine the
appropriate finished floor elevations.
o
The proposed wetland mitigation on Lot 1, Block I be completed prior
to the sale of the lot or have an agreement with the prospective
homeowner regarding the mitigation work to be completed.
s:XcouncilXp96-12x.doc
PARKVlEW ADDITION
KNOW ALL MEN BY 1HESE PRESENTS: l~at the City of ~k ~. a M~n~ta M~
C~at~, ~ ~ of ~e fdl~g ~ ~y ~ed ~ the ~nty of ~ume,
State of M~ne~t~ to ~
Re North Half of the Northsaet Quarter, except the South Half of the Southeoat
Quarter of the Nortbeeet Quarter of the Northsaet Quarter of Sectlo~ 13, Township 32,
Range 26, Sherbume County, Minnesota.
11~at part of the No~hwe~ Qua~er of the Southwaet Quarter and that part of the
Southwa~ Quarter of the Northec~ Quarter of Section 13, Tow~hJp 32, Range 26,
134rig Noe~h end East of the au~lngten Northern Railway right of way. Shefoume
County, Minnesota.
Have cauesd the same to be aurveyed and platted ee PARKVIEW AD~TION, and do hereby donate
end dedicate to the public, for public use forever the Drive and al~o dedicating the ec~emonte for
drainage end utilty purpales orgy al eho~m en this plaL
In wlthesa wherenf, said City of Elk Rh~r, a Minnesota Munlclpal Corporation, has c<xseed these
presant~ to be signed by It~ proper officers this ~ day of 1~g7.
CITY OF' ELK RIVER
B~c
Henry A. Duitaman. Mayor
S~ndra A. 11~acke~ay, City Clerk
STA31~: OF
COUNTY OF
The foeego~g instrument wa~ oc~le~ged before me this __ day of
1~7, by Herwy A. Duitm~nan, Mayor foe the City of F~ River,
a Minnesata Municipal Corporation. on behalf of said ¢x~atlon.
Notary Public County, Minnesota
My Ca~mieslan Expires
STATE O~
COUNTY OF
'l%e foregoing instrument was acknowledged before me thls ~ day of
1997, by Sandra A. 3hackeray, City Clerk for the
City of nk River. o Minneaota Municipal Corporation, on be/naif of sold coq~3ratlon.
Notary Public County, Minnaloto
My Commisekm E~plrsa
I hereby certify that I ha~e ~urveyed and platted the praporty deeortbed on this plat al PARK~EW
ADDI11ON that this plat I~ a co~rect re~)resentoUon of the ~urvey, that all rn~numont~ have been
correctly placed in the ground as shown, that all distencee are correctly ehowa on the plat in feet
and hundredths of a foot, that the autside boundary lines ore correctly designated on the plat end
that there ore no wetlende al defined in Minnesota Statutes 505.02, Sub. I or public hf~h~)~ to
be designated other then as eho~n.
Frank $. Krlz, Land Surve)~r
Minnesota License No. 132~3
STA3E Of' MINNESOTA
COUNTY Of'
The foregoing Surveyor's Certificate was ad<nowledged before me this __ day of
1~7, by Frank S. Kriz. Land Surveyor. Minnesota License No: 13293
Notary Public County, Minnesota
My Commlasien Expires
Approved and accepted by the City Council of the City of Elk River Sherburne County, Minnesota,
at a meeting h~d this ~ day of 1997.
By:. Mayor ATTEST: Oerk
I hereby certify that prapor evidence of tiffs has been presented to and examined by me, and I
hereby approve thil Hat aa to form end ey~io~. Doted this ~ day of 1997.
River City Attorney
Purenont to Shorbume County Ordinance Number 010, I herel)y certify that this plat has been
checked end el>proved al to compliance with Chapter 505, Minnesota Statutes this day of
19
Sheet)urns County Surve)or
No dalinquont taxal due and transfer entered this __ day of 19
Sherbume County Auditor
I here~y certify taxes payable in the year
doyof
on Ionda h~rein described ~re paid in full this
1997.
Sberbume County Tres~rer
I hereby certify that this Instrument wee flied in the office of the County Recorder for record on this
day of , 1997, at __ o'clock ~m. and wee duly
recorded as Document No.
Sberbume County Recorder
Sheet 1 of 2 Sheets
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RESOLUTION NO. 97 -
CITY OF ELK RIVER
A RESOLUTION GRANTING FINAL PLAT APPROVAL FOR:
PARKVlEW ADDITION
CASE NO. P 96-12
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 December 16, 1996; 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:
It is hereby determined by the City Council for the City of Elk River as
follows:
The proposed subdivision is consistent with the Zoning Ordinance
and conforms with all of its requirements.
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.
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.
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.
The proposed subdivision will not cause substantial environmental
damage.
The proposed subdivision will not conflict with easements of record
or with easements established by judgment of a court.
The proposed subdivision will not have an undue or adverse impact
on the reasonable development of neighboring land.
Final plat approval is hereby granted for the Property, subject to the
conditions set forth in attached Exhibit B.
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.
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.
o
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:
s:XdocumentXresolution\p96-12.doc Page 2
WHEREUPON the resolution is adopted.
Passed and adopted this __ day of
,1997.
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 ., 1997.
WITNESS my hand officially as such Clerk and the corporate seal of the
City this __ day of ., 1997.
Sandra Thackeray, City Clerk
STATE OF MINNESOTA
SS.
COUNTY OF SHERBURNE
The foregoing instrument was acknowledged before me this __
., 1997, by Henry Duitsman, Mayor, City of
Minnesota.
Elk
day of
River,
Notary Public
s:\documentkresolution\p96-12.doc Page 3
STATE OF MINNESOTA
SS.
COUNTY OF SHERBURNE
The foregoing instrument was acknowledged before me this __ day of
, 1997, by Sandra Thackeray, City Clerk, City of Elk River,
Minnesota.
Notary Public
THIS INSTRUMENT WAS DRAFTED BY:
DOHERTY RUMBLE & BUTLER
3500 Fifth Street Towers
150 South Fifth Street
Minneapolis, MN 55402-4235
s:XdocumentXresolutionXp96-12.doc Page 4
EXHIBIT A
The North Half of the Northeast Quarter, except the South Half of the Southeast
Quarter of the Northeast Quarter of the Northeast Quarter of Section 13,
Township 32, Range 26, Sherburne County, Minnesota.
And
That part of the Northwest Quarter of the Southeast Quarter and that part of the
Southwest Quarter of the Northeast Quarter of Section 13, Township 32, Range
26, lying North and East of the Burlington Northern Railway right of way,
Sherburne County, Minnesota.
s:XdocumentXresolutionXp96-12.doc Page 5
EXHIBIT B
A DISCLOSURE DOCUMENT BE PREPARED AND INCLUDED ALONG WITH THE SALE OF
EACH PARCEL IN THE PLAT, NOTIFYING THE BUYER OF PLANNED SURROUNDING LAND
USES, POSSIBLE STREET IMPROVEMENTS, AND OTHER PERTINENT ISSUES THAT MAY BE
OF INTEREST TO THE PROSPECTIVE HOMEOWNER.
THE APPROPRIATE DEVELOPMENT FEES ASSOCIATED WITH RECORDING THE PLAT BE
PAID PRIOR TO RELEASING THE PLAT FOR RECORDING.
PRIOR TO ISSUANCE OF A BUILDING PERMIT ON LOT 1, BLOCK 1, A PERCOLATION
TEST AND SOIL BORINGS BE PROVIDED TO THE CITY TO DETERMINE THE APPROPRIATE
FINISHED FLOOR ELEVATIONS.
THE PROPOSED WETLAND MITIGATION ON LOT 1, BLOCK 1 BE COMPLETED PRIOR TO
THE SALE OF THE LOT OR HAVE AN AGREEMENT WITH THE PROSPECTIVE
HOMEOWNER REGARDING THE MITIGATION WORK TO BE COMPLETED.
s:XdocumentXresolutionXp96-12.doc Page 6
'\
\
A
\
,%,
\
II
LOT ·
I I
.OWNER/T)EVELOPER
LOCATION.-
· 170TH
16gTH
I$8TH
167TH
166TH
165TH
.164TH '
163,RD
. 162ND
~ ZONING
City o_f
Ell/~River ~nAP
13065 OrOnO Parkway ' P'O' BOx 490Elk River, MN 55330 CASE:
160TH '
' 159TH
N
Ell{ River City Council Meeting Page 7
December 16~ 1996
1. Preliminary Plat Request bv the City of Elk River [Porkview Addition), Public Heorinr~
Case No. P 96-12
City Planner Steve Ach stated that the City of Flk River is requesting to subdivide
115 acres into six single family lots and one ouflot. He stated that the property is
located at the southwest corner of 165th Avenue and Jarvis .Street. The City
Planner explained that the city purchased the properJ7 for the purpose of
developing the northern portion of Outlot A into recreational fields and using the
southern half to spread sludge generated from the city treatment facility. He
stated that the city decided to plat a portion of the property into residential lots
to help finance the development of the park:. Steve Ach reviewed the staff
memo on this request. Planning Commission Representative James Tacheny
indicated that the Planning Commission recommended approval with seven
conditions.
Vice Mayor tflolmgren opened the public hearing. There being no one for or
against the matter, Vice Mayor Holmgren closed the public hearing.
COUNCIl_MEMBER DIETZ MOVED TO APPROVE THE PRELIMINARY PLAT REQUEST BY
THE CITY OF ELK RIVER FOR PARKVIEW ADDITION TO SUBDIVIDE 115 ACRES INTO SIX
SINGLE FAMILY LOTS AND ONE OUTLOT WITH THE FOLLOWING CONDITIONS:
THE WESTERLY LOT LINE OF LOT 6 BE ADJUSTED TO CONINCIDE WITH THE
DITCH THAT BISECTS THE LOT.
SHARED DRIVEWAYS BE UTILIZED WHEREVER POSSIBLE TO MINIMIZE THE
ACCESS POINTS ONTO 165TM AVENUE.
APPROPRIATE DRAINAGE AND UTILITY EASEMENTS BE INCORPORATED AS
PART OF THE PLAT.
A DISCLOSURE DOCUMENT BE PREPARED AND INCLUDED ALONG WITH THE
SALE OF EACH PARCEL.
5. APPROPRIATE DEVELOPMENT FEES BE PAID AT THE TiME OF FINAL PLAT.
PRIOR TO ISSUANCE OF BUILDING PERMITS, PRECOLATION TEST AND SOIL
BORINGS BE PROVIDED TO THE CITY TO DETERMINE APPROPRIATE BUILDING
ELEVATIONS.
o
WETLAND MITIGATION ON LOT 6 BE COMPLETED BEFORE THE SALE OF THE
LOT.
COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 3-1. ~
Councilmember ScheeJ opposed. Councilmember Scheel was opposed J
· -~ because she did not feel the city should be in competition with devetope.~.J
9.9./9.3. DJ's Total Home Care Center Reauest for Variance and Conditional Use Permit,
Public Hearinq Case Nos. V 96-9 and CU 96-12