7.8. SR 02-18-1997.fy of
ITEM 7.8.
River
Request
MEMORANDUM
TO:
FROM:
DATE:
SUBJECT:
Mayor and City Council
Scott Harlicker, Planning Assistank~
February 18, 1997
Request by Dave and Joyce Mickelson
for Amendment to Final Plat, Public
Hearing Case No. P 96-6
Dave and Joyce Mickleson are requesting an amendment to the final plat for
North Meadows Corner.
Location
The southwest corner of the intersection of 217th Avenue and County Road
32.
Zoning/Land Use
Rla (Single Family Residential) / LR (Low Density Residential)
Attachments
· Location map
· Zoning map
· Approved final plat
· Proposed amended plat
Overview
On July 15, 1996 the City Council granted final approval for North Meadows
Corner, a 3 lot residential subdivision. The plat consisted of lot I a 10.56 acre
parcel, lot 2 a 2.22 acre parcel and lot 3 a 22.27 acre parcel.
The applicant has someone interested in purchasing part of the 22.27 acre lot
and is proposing to split lot 3 into two lots of 10.36 acres and 11.91 acres. The
number of lots in this plat will increase from 3 lots to 4 lots. The only change
to the plat is the splitting of lot 3 into two lots and the only lot affected the
13065 Orono Parkway · P.O. Box 490 · Elk River, MN 55330 · (612) 441-7420 · Fax: (612) 441-7425
Memo to the Mayor and City CounciUP 96-6 Page 2
February 18, 1997
proposed amendment is the original lot 3. The revised plat complies with all
the requirements of the Rla district.
Recommendation
It is recommended the City Council approve Resolution 97- ., amending
final plat approval for North Meadows Corner with the following conditions:
A DEVELOPERS AGREEMENT BE PREPARED OUTLINING THE TERMS AND
CONDITIONS OF THE PLAT APPROVAL AND INSTALLATION OF ANY
IMPROVEMENTS.
COMMENTS AS REQUESTED BY THE SHERBURNE COUNTY HIGHWAY
DEPARTMENT BE INCORPORATED AS PART OF THE PLAT.
ALL OF THE COMMENTS OF THE CITY ENGINEER'S MEMO DATED JUNE 19,
1996 BE INCORPORATED INTO THE REVISED PRELIMINARY PLAT AND MADE A
CONDITION OF THIS APPROVAL.
o
APPROPRIATE PERMITS FROM SHERBURNE COUNTY HIGHWAY DEPARTMENT
FOR ANY WORK DONE WITHIN THE COUNTY RIGHT-OF WAY BE OBTAINED
PRIOR TO COMMENCING WORK.
o
SURFACE WATER MANAGEMENT FEE IN AN AMOUNT REQUIRED BY THE CITY
AT THE TIME OF FINAL PLAT BE PAID PRIOR TO RECORDING THE PLAT WITH
SHERBURNE COUNTY.
ALL WETLANDS ON THE SITE BE DELINEATED AND WETLAND JOINT
NOTIFICATION FORM BE COMPLETED AND FILED.
°
DRAINAGE AND UTILITY EASEMENTS BE GRANTED TO THE CITY OVER THE
WETLANDS AND DRAINAGE DITCHES FOUND ON LOT 1 AND LOT 3.
o
PARK DEDICATION FEE IN THE AMOUNT REQUIRED BY THE CITY AT THE TIME
OF FINAL PLAT BE PAID PRIOR TO RELEASING THE PLAT FOR RECORDING.
o
THE EXISTING BUILDINGS, WHICH DO NOT COMPLY WITH THE SETBACK
REQUIREMENTS, BE REMOVED PRIOR TO SELLING THE AFFECTED LOT OR
CONSTRUCTION ON THE AFFECTED LOT.
s:XplanningXscottXp96-6amd.doc
LOCATION
City of
13065 Orono Parkway · P.O. Box 490
Elk River, MN 55330
LOCATION
MAP
LOCATION
City of
·
IVeI'
13065 Orono Parkway · P.O. Box 490
Elk River. MN 55330
ZONING
MAP
CASE:
NORTH
MEADOWS CORNER
'217TH
ORIGINAL PLAT
=1
(7,
2
N~'~'20'E 565.56
N~'36'20"E ~5.56
!
I
I
City Of Elk River
S~ C<x~ty, MN
N
0 i00 Z00 300
SCALE ~EETI
West llne of the W I/2. SW 1/4.
Sec 7. TwO 33. Rng. 26. is assumed
o Deno' ~s i/2 inch x 14 ~ncn iro~
m~r~eci R,L$. numbe¢ 8194.
sAownl thus:I~~1
Sheet 2 Of 2 Sheets
NORTH
MEADOWS
CORNER
(wee~ auart f
400.52
2!7TH
w
REVISED PLAT
---S88°~'20"W 1093.40---
- ^v~u[- ~&
2
~5.5~
!_::t
J 50
City Of Elk River
N
i N 1
Section 7, Township 35, Range 26
0 I00 200 300
SCALE IN FEET
i inch = 100 feet
For the purposes of this plot. the
West line of the W I/2, SW I/4,
Sec 7, Twp 53, Eng. 26, is assumed
to beer North 0l°31'02
o Denotes l/2 inch x 14 inch iron
monument set with o plastic cop
marked R.L.S. number 8194.
· Denotes iron monument found
Drainage and Utility Easements ore
shown thus: i i
_ ,_o .... ~ ,
I
Being I0 feet in width and adjoining
right-of-way lines, unless otherwise
indicated, also being 5 feet in width
and adjoining lot lines, unless other-
wise indicated, as shown on the plat.
Sheet 2 Of 2 Sheets
RESOLUTION NO. 97 -
CITY OF ELK RIVER
A RESOLUTION AMENDING FINAL PLAT APPROVAL FOR:
North Meadows Corner
Case No. 96-6
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 July 15, 1996; and
WHEREAS, the proposed final plat is consistent with the preliminary plat
as approved by the City Council; and
WHEREAS, the final plat of the property was approved by the City Council
on July 15, 1996; 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;
and,
WHEREAS, the final plat has been amended from three (3) lots to four (4)
lots.
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.
Fo
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.
o
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.
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.
s:kdocument\resoluti\96-6fp.doc Page 2
The following voted against the Resolution:
The following were absent:
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.
STATE OF MINNESOTA
SS.
COUNTY OF SHERBURNE
Sandra Thackeray, City Clerk
The foregoing instrument was acknowledged before me this __
., 1997, by Henry Duitsman, Mayor, City of
Minnesota.
Elk
day of
River,
Notary Public
s:XdocumentXresolutiX96-6fp.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:Xdocument\resolutiX96-6fp.doc Page 4
EXHIBIT A
That part of the West Half of the Southwest Quarter of Section 7, Township 33,
Range 26, Sherburne County, Minnesota, described as lying northerly of the
following described line: Commencing at the Southwest corner of said West Half
of the Southwest Quarter; thence on an assumed bearing of the North I degree
31 minutes 02 seconds East along the West line of said West Half of the
Southwest Quarter for a distance of 691.70 feet; thence South 88 degrees 28
minutes 58 seconds East for a distance of 266.00 feet; thence North 1 degree 31
minutes 02 seconds East parallel with said West line of the West Half of the
Southwest Quarter for a distance of 811.72 feet to the Northwest corner of the
duly recorded plat of NORTH MEADOWS, said Sherburne County; thence North
74 degrees 39 minutes 14 seconds West along the centerline of County Ditch
No. I for a distance of 273.94 feet, more or less, to intersect said West line of
the West Half of the Southwest Quarter, said point of intersection also being the
actual Point Of Beginning of the line to be hereby described; thence return South
74 degrees 39 minutes 14 seconds East to said Northwest corner of NORTH
MEADOWS; thence continue South 74 degrees 39 minutes 14 seconds East
along the North line of said NORTH MEADOWS for a distance of 748.63 feet;
thence South 68 degrees 47 minutes 08 seconds East along said North line of
NORTH MEADOWS for a distance of 248.41 feet; thence South 87 degrees 40
minutes 39 seconds East along said North line of NORTH MEADOWS for a
distance of 257.93 feet to intersect with the East line of said West Half of the
Southwest Quarter and there terminate.
EXCEPTING therefrom the two following described tracts to-wit:
1) The South 300 feet of the North 650 feet of the East 365 feet of the
Northwest Quarter of said Southwest Quarter of Section 7.
2) The North 673 feet of the West 400 feet, as measured at right
angles, of said West Half of the Southwest Quarter of Section 7.
Containing 37.44 acres, more or less. Subject to that part thereof taken for
217th Avenue N.W. along the North line of said West Half of the Southwest
quarter. Also subject to that part taken for County Road No. 32 over and across
the East 50 feet of said West Half of the Southwest Quarter. Also subject to
other easements of record, if any.
s:\documentXresoluti\96-6fp.doc Page 5
EXHIBIT B
o
A DEVELOPERS AGREEMENT BE PREPARED OUTLINING THE TERMS AND CONDITIONS
OF THE PLAT APPROVAL AND INSTALLATION OF ANY IMPROVEMENTS.
COMMENTS AS REQUESTED BY THE SHERBURNE COUNTY HIGHWAY DEPARTMENT BE
INCORPORATED AS PART OF THE PLAT.
ALL OF THE COMMENTS OF THE CITY ENGINEER'S MEMO DATED JUNE 19, 1996 BE
INCORPORATED INTO THE REVISED PRELIMINARY PLAT AND MADE A CONDITION OF
THIS APPROVAL.
APPROPRIATE PERMITS FROM SHERBURNE COUNTY HIGHWAY DEPARTMENT FOR ANY
WORK DONE WITHIN THE COUNTY RIGHT-OF WAY BE OBTAINED PRIOR TO
COMMENCING WORK.
SURFACE WATER MANAGEMENT FEE IN AN AMOUNT REQUIRED BY THE CITY AT THE
TIME OF FINAL PLAT BE PAID PRIOR TO RECORDING THE PLAT WITH SHERBURNE
COUNTY.
ALL WETLANDS ON THE SITE BE DELINEATED AND WETLAND JOINT NOTIFICATION
FORM BE COMPLETED AND FILED.
DRAINAGE AND UTILITY EASEMENTS BE GRANTED TO THE CITY OVER THE WETLANDS
AND DRAINAGE DITCHES FOUND ON LOT 1 AND LOT 3.
PARK DEDICATION FEE IN THE AMOUNT REQUIRED BY THE CITY AT THE TIME OF FINAL
PLAT BE PAID PRIOR TO RELEASING THE PLAT FOR RECORDING.
THE EXISTING BUILDINGS, WHICH DO NOT COMPLY WITH THE SETBACK
REQUIREMENTS, BE REMOVED PRIOR TO SELLING THE AFFECTED LOT OR
CONSTRUCTION ON THE AFFECTED LOT.
s:\document\resolutik96-6fp.doc Page 6