7.6. SR 04-21-1997T~ 7.6.
ty of
MEMORANDUM
iver
TO:
FROM:
DATE:
Mayor and City Council
Scott Harlicker, Planning AsSista~~''
April 21, 1997
SUBJECT: T.S. Construction Request for
Preliminary and Final Plat Approval
(Island View 4th Addition), Public
Hearing Case No. P 97-2
Request
Consider a request by T.S. Construction for preliminary and final plat to
subdivide approximately 17.49 acres into 4 single family lots.
Location
County Road 35 and Fresno Street alignment (Brown's Greenhouse property)
Zoning/Land Use
Rlb (Single Family Residential) / MR (Medium Density Residential)
Attachments
Location map
· Proposed plat
· City Engineer's letter dated April 10, 1997
· Final plat Resolution No. 97-__
Overview
Existing Conditions
The applicant is proposing to subdivide approximately 17.5 acres into 4
residential lots of 8.68 acres, 1.06 acres, 4.91 acres and 1.69 acres. The
property is currently used as a residence and a greenhouse/garden center
business. The residence and greenhouse/garden center business are located
on the 4.91 acre lot (lot 3) and will be incorporated into the plat. The
greenhouse/garden center business consists of 5 greenhouses and a pole barn;
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]P 97-2 Page 2
April 21, 1997
the residence consists of a house and a detached garage. The other 3 lots are
currently undeveloped.
Ditches, steams and wetlands
The property is crossed by a DNR regulated stream, 2 county ditches and 2
ponds. The stream enters the plat near the northeast corner, has been
impounded to form a pond near the center of the property, and exits the plat
near the southwest corner. A county ditch flows from north to south through
the center of the property and another flows from west to east along the
southern boundary of the plat. A previous owner of the property excavated a
lagoon near the southwest corner of the property which was used for
irrigation purposes.
The plat has been sent to the County Ditch Inspector and the DNR for their
review and comments. Approval of the plat will be conditioned on addressing
any comments or concerns that they might raise. Drainage and utility
easements are inplace over the ditches, ponds and streams.
According to the applicant and the city wetland map, the southern part of lot
I is a wetland and is undevelopable. The applicant should have all the
wetlands delineated and typed. If the wetland is a type 3, 4 or 5 it can not be
included when determining lot area.
Non-conforming uses and structures
The existing greenhouse/garden center is considered a non-conforming use in
the Rlb zone. It can continue to operate at this site in its current
configuration but can not be expanded. The DNR classified stream which
flows through the plat requires a 100 foot setback for any structures. The 5
greenhouses located on lot 3 do not meet the 100 foot setback. These
greenhouses will be allowed to remain where they are but can not be
enlarged or relocated, unless they are relocated outside the 100 foot setback.
The house, detached garage and the pole barn comply with the setback
requirements.
Roads
There are no new roads included as part of this plat. However, the applicant
is proposing to dedicate 83 feet of right of way for County Road 35 adjacent to
lot 1 and an additional 17 feet of right of way for County Road 35 along the
remainder of the plat. As a result of these dedications, County Road 35 will
have a 50 foot half right of way on the south side and 33 foot half right of way
on the north side.
\\elkriverksys\shrdockplanningXscottXp97-2.doc
Memo to the Mayor and City Council/P 97-2
April 21, 1997
Page 3
Septic and wells
The plat is located within the urban service area but is not serviced by
municipal sewer or water. Each lot will be serviced by on site septic systems
and a well. The locations of the primary and secondary septic systems are
shown on the plat. A 75 foot setback is required for septic systems from the
DNR classified stream; the location of the alternate septic system shown on
lot 4 will have to be moved in order to comply with the setback requirement.
The applicant should also show the proposed locations for the well on each
lot.
Minimum lot size
The minimum lot size for unsewered lots in the Rlb zone is one acre. All of
the lots comply with the minimum lot size requirement and the 160 foot
minimum lot width. Proposed house pads are shown on the plat and the
proposed locations for the houses meet the setback requirements.
Park and Recreation Commission
The Park and Recreation Commission meeting held on April 16, 1997 the
Commission recommended a cash park dedication.
Recommendation
It is recommended the City Council approve the preliminary and final plat
request for T.S. Construction to subdivide approximately 17.5 acres into 4
single family lots with the following conditions:
All the comments of the City Engineer's memo dated April 10, 1997 be
incorporated into the plat.
o
Surface water management fee in the amount of $534.72 be paid prior
to releasing the plat for recording with Sherburne County.
Park dedication fee in the amount of $2400.00 be paid prior to
releasing the plat for recording with Sherburne County
All wetlands on the site be delineated and typed with drainage and
utility easements granted to the City over the wetlands.
All comments of the Sherburne County Ditch Inspector be addressed
and incorporated into the plat.
\\elkriver\sys\shrdoc\planning\scott\p97-2.doc
Memo to the Mayor and City CouncilfP 97-2
April 21, 1997
Page 4
o
o
All comments of the Sherburne County Highway Department be
addressed and incorporated into the plat.
The plat be revised so that the proposed locations for all primary and
alternate septic systems meet the setback requirements from the DNR
classified stream.
The plat be revised to show proposed locations for wells on each lot.
All non-conforming structures on lot 3 shall not be expanded or altered
unless they are relocated so they comply with setback requirements.
\kelkriverXsys\shrdockplanningXscott\p97-2.doc
LOCATION
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E.
CONSULTING ENGINEEP~
1326 Energy Park Drive
St. Paul, MN 55108
612-644-4389
1-800-888-2923
Fax: 612-644-9446
April 10, 1997
File: 230-360-11
Mr. Steve Ach
City Planner
City of Elk River
13065 Orono Parkway
P.O. Box 490
Elk River, MN 55330-0490
ISLAND VIEW FOURTH ADDITION
PRELIMINARY PLAT REVIEW
Dear Mr. Ach:
CIVIL ENGINEERING:
ENVIRONMENTAL
NtCIPAL
iNING
SOLID WASTE
STRUCTURAL
SURVEYING
TRAFFIC
TRANSPORTATION
ELECTRiCAL/MECHANICAL
ENGINEERING:
HVAC
POWER DISTRIBUTION
SCADA
SYSTEM CONTROLS
~ ~'FICES IN:
,.,iNNEAPOLIS
PRIOR LAKE
ST. PAUL
WASECA
As requested, we have reviewed the preliminary plat of Island View Fourth Addition.
As you aware, this is an addition along County Road 35 of four lots ranging in size from
one acre to over eight and a half acres.
The site is dissected by two branches of drainage ditch coming from the north and
leaving the site at the southwest corner. Our major concern with this site, beyond those
issues discussed at the staff review, is one of drainage. With the ditches dissecting this
piece of property, it is not clear how much of the property to the east and to the west of
the site actually drains toward the site. Any drainage coming from property to the east
or to the west needs to remain intact so that the surrounding properties' drainage can get
to the drainage ditch.
There is no topographic information provided off of the project site. We would
recommend that additional topographic information be provided so that drainage can be
analyzed from properties to the east and to the west. If in fact there is drainage that
comes from these two directions, there needs to be additional easements provided on the
site to maintain the integrity of the drainage for these areas.
If you have any questions regarding this information, please call.
Sincerely,
MSA, CONSULTING ENGINEERS
Terry J. l(,l~urer, P.E.
TJM:kh
360-0801 .apr
An Equal Opportunity Employer
RESOLUTION NO. 97 -
CITY OF ELK RIVER
A RESOLUTION GRANTING FINAL PLAT APPROVAL FOR:
ISLAND VIEW 4TM ADDITION
Case No. P 97-2
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, a preliminary plat of the Property was approved by the City
Council on April 21, 1997; 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:
Ao
The proposed subdivision is consistent with the Zoning Ordinance
and conforms with all of its requirements.
Bo
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.
Co
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.
o
o
Do
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.
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.
Resolution\p97-2.doc Page 2
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
Resolution\p97-2.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
ResolutionXp97-2.doc Page 4
EXHIBIT A
That Dart ¢~f the Southwest Quarter of the Southeast Quarter of
S~ctio~ 29, Tc.wnship 33, Range 26, .Sherburne County, Minnesota
lying s~nzth n£ the southerly right of way of County Road No. 35
dcsurib¢~d as follows: Beginning at a point where the west line
o£ said Sou~kwest Quarter of the Southeast Cuarter intersects.
said~ southerl? right of way line of County Road Ro. 35; thence
south along said west line, a dista~c£ of 447.50 feet; ~then. ce
east def}ect~n~ 90 degrees left, a distance of 742.50 feet;"
tkence north deflectin~ 90 degrees 'left, a distance of 349.~0
feet more or ~ass to said southerly right of way line of County
Road No. 35; thence northwesterly along said southerly right of
way line, a distance of 748.97 feet more or less to the point o~
beginning.
Also: The Edst 450.00 feet of the North Half of the South Half
oz the Southwest Quarter and the'East 450.00 feet of the North
Half of the Southwest Quarter of Section 29, Township 33, Range
26, Sherburne County, Minnesota lying south Burlington NOrthern
Railroad.
Also: That 9art of the North Half of the Southeast Quarter of
the Southwest Quarter of Section 29, Township 3-3,.Range 26,
Sherburn~ County, Minnesot.a described as follows: Begihnn. ill~. a~
the southwest corner of the ~ast.450.00 feet of said No,rtl Half
of the 'Southeast Quarter of the Southwest Quarter;- thence north
aloug the. west line of said East 450.00 feet of the NOrth-Half
of the S~utheast Quarter of the Sou[hwest Quart~r~-~a dis~an~.~9~.,ef
525.43 feet;, thence southweSterlY deflecting ll.l.degr'ees 2'8 ._
minutes. 54 seconds left, a distance of 490.19 ~eet; thence
southeasterly to the northeast corner of Lot 1, Block 1, ISLAND
VIEW 2ND ADDITION, according to the recorded plat thereof;
thence east along the south line of said North Half of the
Southeast Q~rter of the Southwest Quarter to the point of
beginning.
Resolution\p97-2.doc Page 5
EXHIBIT B
o
o
o
All the comments of the City Engineers memo dated April , 1997 be
incorporated into the plat.
Surface water management fee in the amount of $534.72 be paid prior
to releasing the plat for recording with Sherburne County.
Park dedication fee in the amount of $2400.00 be paid prior to
releasing the plat for recording with Sherburne County
All wetlands on the site be delineated and typed with drainage and
utility easements granted to the City over the wetlands.
All comments of the Sherburne County Ditch Inspector be addressed
and incorporated into the plat.
All comments of the Sherburne County Highway Department be
addressed and incorporated into the plat.
The plat be revised so that the proposed locations for all primary and
alternate septic systems meet the setback requirements from the DNR
classified stream.
The plat be revised to show proposed locations for wells on each lot.
All non-conforming structures on lot 3 shall not be expanded or altered
unless they are relocated so they comply with setback requirements.
ResolutionXp97-2.doc Page 6