7.7. SR 06-16-1997~..sty of
Item # 7.7.
MEMORANDUM
TO:
FROM:
DATE:
Mayor and City Council .
Scott Harlicker, Planning Assistant~~
June 16, 1997
SUBJECT:
Howard Dunham Request for
Preliminary and Final Plat
(Dunham Addition), Public
Hearing Case No. P 97-6
Request
Consider a request by Howard Dunham for preliminary and final plat to
subdivide approximately 43 acres into 4 residential lots.
Location
22878 Elk Lake Road, PID # 75-105-2115
Zoning/Land Use
A1 (Agricultural Conservation) / A (Agricultural)
Attachments
Zoning map
· Proposed Plat
· County Ditch Inspector's letter dated May 14, 1997
· Final plat resolution
Overview
The applicant is proposing to subdivide approximately 43 acres into 4
residential lots; one 35.53 acres and three 2.5 acres. The property is located
on the west side of County Road I just north of the intersection with Fresno
Street. The property includes open fields, row crops, and wetlands. The
wetlands encompass most of the rear or west side of the property. There is a
man made pond and a berm along the north property line. Existing
structures include a 2 story house, barn and 6 other out buildings. One of the
sheds straddles the north property line and will have to be removed. The
remaining buildings will be incorporated into the 35 acre lot. The 2.5 acre
13065 Orono Parkway · P.O. Box 490 · Elk River, MN 55330 · TDD & Phone: (612) 441-7420 · Fax: (612) 441-7425
Memo to the Mayor and City CounciUP 97-6
June 16, 1997
Page 2
parcels will be located in the area along County Road 1 that was cultivated as
row crops.
Background
The farmstead was also home to Danny's Trannys Inc., which operated a
aluminum recycling facility for about 4 years, until August 1989. The facility
melted scrap aluminum. The City had an environmental assessment of site
done and as a result some contaminated soils and debris were removed. From
1989 until 1994 various disposal activities occurred at the site including
automobile shredder residue and demolition debris. A second environmental
assessment of the site completed in 1994 showed no significant
contamination and resulted in the removal of all remaining debris.
Wetlands and ditches
In a letter dated May 14, 1997, the County ditch inspector indicated that the
proposed subdivision will not adversely effect the ditch system. There is a
large wetland complex on the west side of the property. The applicant had the
wetlands identified and delineated. Most of the identified wetlands are on the
35 acre parcel and are either type I or type 2 wetlands. There is a small
portion of the type 2 wetland on the proposed lot 4; however, it should not
impact the development of that lot.
Minimum lot size
The A-1 zoning district requires a minimum lot size of 10 acres or a density of
4 lots per 40 acres. Based on 43 acres included in the plat a possible 4 lots
could be created. If the density option is used the minimum lot size is 2.5
acres with at least ! acre ofbuildable upland area for a house, two septic site
and a well. All three of the 2.5 acre lots have 1 acre of upland area.
Because the applicant is utilizing the density option of 4 lots per 40 acres, the
35 acre lot can not be further subdivided. This fact should be recorded as a
deed restriction on the 35 acre lot and made a condition of plat approval.
In determining the minimum lot area, wetlands types 3 (Inland Shallow
Fresh Marshes), 4 (Inland Deep Fresh Marshes and 5 ( Inland Open Fresh
Water) are not included in the calculation. The type of wetland impacting 4 is
type 2, which can be included when determining lot area.
Roads
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Memo to the Mayor and City Council/P 97-6
June 16, 1997
Page 3
There are no new roads included as part of this plat. The 35 care lot will be
accessed by and existing driveway; the three 2.5 acre lots will require a
County permit for access from county Road 1. Lots 2 and 3 will have a shared
driveway and lot 4 will have its own driveway. Sherburne County Highway
Department typically requires 100 feet for right-of-way along county roads.
The highway department has indicated that the existing right-of way is 33
feet and an additional 17 feet of right-of-way is needed along this portion of
County Road 1.
Ideally, in order to minimize driveways on the county road, a cul de sac
should be constructed to serve the lots. The applicant was informed of this,
but because the wetlands would impact the buildable area of one of the lots
and the costs associated with construction of the cul de sac, he decided to opt
for the three lots with shared driveways fronting on County Road 1.
Septic and wells
The property is located outside the urban service area; each lot will be
serviced by on site septic systems and a well. The proposed locations of the
primary and secondary septic systems and wells should be shown on the plat.
Park and Recreation Commission
At the Park and Recreation Commission meeting held on June 11, 1997 the
Commission recommended a cash park dedication.
Recommendation
Staff recommends the City Council approve Howard Dunham's request for
preliminary and final plat for Dunham Addition with the following
conditions:
SURFACE WATER MANAGEMENT FEE IN THE AMOUNT OF $200.49 BE PAID PRIOR
TO RELEASING THE PLAT FOR RECORDING WITH SHERBURNE COUNTY.
PARK DEDICATION FEE IN THE AMOUNT OF $1800.00 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.
o
THE NON-CONFORMING SHED ON THE NORTH PROPERTY LINE SHALL BE REMOVED.
PRIOR TO RECORDING THE PLAT.
THE PLAT BE REVISED TO SHOW PROPOSED LOCATIONS FOR PRIMARY AND
SECONDARY SEPTIC SYSTEMS AND WELLS.
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Memo to the Mayor and City Counci]/P 97-6
June 16, 1997
Page 4
6. ALL NECESSARY COUNTY PERMITS BE RECEIVED PRIOR TO COMMENCING ANY
WORK IN THE COUNTY RIGHT-OF-WAY.
7. IF NEEDED, ADDITIONAL RIGHT-OF-WAY BE PROVIDED ALONG COUNTY ROAD 1 IN
ORDER TO ACHIEVE $0 FOOT HALF RIGHT-OF-WAY.
8. SOIL BORINGS BE PROVIDED TO DEMONSTRATE THE SITE CAN SUPPORT SEPTIC
SYSTEMS AND LOWEST FLOOR ELEVATIONS.
9. A DEED RESTRICTION BE RECORDED ON LOT 1 THAT RESTRICTS FURTHER
SUBDIVISION OF THAT LOT.
10. PROPOSED LOCATIONS FOR WELLS AND PRIMARY AND ALTERNATE SEPTIC SYSTEMS
SHALL BE SHOWN ON THE PLAT.
11. THE PROPOSED LOCATIONS FOR WELLS AND PRIMARY AND SECONDARY SEPTIC
SYSTEMS SHALL BE SHOWN ON THE PLAT.
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229'114
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227114
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225TH
224.TH
223RD
222N0
221ST
220TH
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218TH
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216TH
City of
ZONING
River MAP
13065 Orono Parkway · P.O. Box 490
Elk River, MN 55330
CASE:
P97-6
SHERBURNE COUN~
Sherburne County Ditch Inspector's Plat Report
Dat~: May 14, 1997
Conditions: Cloudy, 40 Degrees F, 10:00 AM
Subject: Dunham Addition
Location: Section 5, Township $@, l~ange 26; Elk Fiver Township, Ditch 1
Persons Present: Jim W'yrmemer, Ditch Inspector.
Observations and Reoonlnmndations:
This is a small plat that lies west and South ot~ County l~ad 1, and North and West of the
Vresno RoadInterseetion. The area for lots 2, $, & 4 are currently row cropped. The area lying
oouth of plat and between the plat and Ditch 1 is a sod field. The area lying west of the building
areas is wooded wet land. The conversion to residential lots should not adversely effect the
ditch system.
DUNH
PRELIMINARY PLAT
AIVI ADDITION
0 120 240 360
SCALE: 1 INCH = 120 FEET
NW COR, OF THE
NEI/4. OF THE NWl/4.
?
NEt/4 O¢ TH[ NWl/4
264,2.53
N89°32'29"E
'--~ 1114.31
PARCEL A
HOUSE
1650.08
N89°O8'58"E
2655.49
~ CF_.NTERUN£ OF C,.~A.H. NO. I
~ ~ AS TRAVELED
BUILDING PAD DETAIL
DETAIL SCALE ¢ : .50'
. NE COR. OF THE NEt/4 OF THE NWl/¢
FlY-LAND SURVEYING, P.A.
LAND SURVEYORS
RESOLUTION NO. 97 -
CITY OF ELK RIVER
A RESOLUTION GRANTING FINAL PLAT APPROVAL FOR:
DUNHAM ADDITION
Case No. P 97-6
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 June 16. 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:
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.
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.
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.
The following voted against the Resolution:
The following were absent:
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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
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STATE OF MINNESOTA
SS.
COUNTY OF SHERBURNE
The foregoing instrument was acknowledged before me this __
, 1997, by Sandra Thackeray, City Clerk, City of Elk
Minnesota.
day of
River,
Notary Public
THIS INSTRUMENT WAS DRAFTED BY:
DOHERTY RUMBLE & BUTLER
3500 Fifth Street Towers
150 South Fifth Street
Minneapolis, MN 55402-4235
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EXHIBIT A
The north Half of the Northwest Quarter of Section 5, Township 33, Range 26,
lying Westerly of County State Aid Highway No. 1, Sherburne County, MN.
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EXHIBIT A
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o
o
10.
EXHIBIT
SURFACE WATER MANAGEMENT FEE IN THE AMOUNT OF $200.49 BE PAID PRIOR
TO RELEASING THE PLAT FOR RECORDING WITH SHERBURNE COUNTY.
PARK DEDICATION FEE IN THE AMOUNT OF $1800.00 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.
THE NON-CONFORMING SHED ON THE NORTH PROPERTY LINE SHALL BE REMOVED.
PRIOR TO RECORDING THE PLAT.
THE PLAT BE REVISED TO SHOW PROPOSED LOCATIONS FOR PRIMARY AND
SECONDARY SEPTIC SYSTEMS AND WELLS.
ALL NECESSARY COUNTY PERMITS BE RECEIVED PRIOR TO COMMENCING ANY
WORK IN THE COUNTY RIGHT-OF-WAY.
AN ADDITIONAL 17 FEET OF RIGHT-OF-WAY BE PROVIDED ALONG COUNTY ROAD 1
IN ORDER TO ACHIEVE 50 FOOT HALF RIGHT-OF-WAY.
SOIL BORINGS BE PROVIDED TO DEMONSTRATE THE SITE CAN SUPPORT SEPTIC
SYSTEMS AND LOWEST FLOOR ELEVATIONS.
A DEED RESTRICTION BE RECORDED ON LOT 1 THAT RESTRICTS FURTHER
SUBDIVISION OF THAT LOT.
PROPOSED LOCATIONS FOR WELLS AND PRIMARY AND ALTERNATE SEPTIC SYSTEMS
SHALL BE SHOWN ON THE PLAT.
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