7.4.B. SR 11-19-2012 l REQUEST FOR ACTION
River
TO ITEM NUMBER
City Council 7.4.B
AGENDA SECTION MEETING DATE PREPARED BY
Public Hearings November 19,2012 Jeremy Barnhart,Planning Manager
ITEM DESCRIPTION REVIEWED By
Cornerstone Auto Resource (17219 Highway 10): Preliminary
and Final Plat Approval:Jabez,Case No. P 12-04 REVIEWED BY
ACTION REQUESTED
Staff recommends approval of the Preliminary and Final Plat as illustrated on drawings date stamped
September 24,2012,with the following conditions:
1. Additional right-of-way of about 16.22 feet shall be provided along 171st Avenue as
shown on the drawing.
2. The plat shall provide access control along Highway 10 frontage,prohibiting access.
3. The development shall meet all applicable fire codes. The Fire Chief shall verify the
location of all fire hydrants and may require additional hydrants necessary to
preserve the health and safety of the residents.
4. A surface water management fee for lot 1 shall be paid at the time the Final Plat is
released for recording (currently$1,214 per acre or$21,524.22 total). Surface water
management fee for Outlots A and B shall be paid at the time those lots are released
for recording at the rate established at that time.
5. A Park Dedication Fee shall be paid for 8.05 acres at the time the Final Plat is
released for recording (currently$7,444 per acre,or$59,924.20 total). Park dedication
for outlots A and B shall be paid at the time those lots are released for recording at
the rate established at the time.
6. All required subdivision/park information shall be provided in an electronic format
(.dwg file) as required by the City Ordinance and Land Use Application prior to
recording of the plat.
7. This approval of the Preliminary Plat shall expire after one year,unless the property
owner or owner's agent has recorded the Final Plat or received an extension.
BACKGROUND/DISCUSSION
The Plat of Jabez consolidated seven parcels into three lots;one building lot and two outlots. The plat is
identical to the approved plat in 2006.
The issue in summary:
Park dedication: The Parks and Recreation Commission, at their meeting on October 10,
2012,recommended the applicant pay park dedication on the full 17.73 acres being platted
as a buildable lot. This increases the park dedication fee to$131,982.12.
P O 1 t o H f
FN:\Departments\Community Development\Planning\Case Files\Plat\P 12-04 Jabez\P 12-04 Jabez SR to CC 11-19- i
12.docx
In 2006,the City Council determined that the park dedication applied to the undeveloped
portion of the project, 8.05 acres. Since then,the city has allowed the applicant to develop
the first two phases of the project and several variances without recording the final plat.
Planning Commission Comments
Planning Commissioners held their public hearing on November 13,2012. Commissioners questioned
the park dedication. Staff noted that the City Council has made a decision on this question,and staff is
not recommending departure.
Public Hearing Comments
No comments for or against the proposal have been received.
FINANCIAL IMPACT
None.
ATTACHMENTS
• Planning Commission Staff Report dated November 13,2012.
• Resolution Granting Final Plat Approval for Jabez.
Action Motion by Second by Vote
Follow Up
N:\Departments\Community Development\Planning\Case Files\Plat\P 12-04 Jabez\P 12-04 Jabez SR to CC 11-19-12.docx
Crty of
Elk REQUEST FOR ACTION
River
To ITEM NUMBER
Planning Commission 4.4
AGENDA SECTION MEETING DATE PREPARED BY
Planning November 9, 2012 Jeremy Barnhart,Planning Manager
ITEM DESCRIPTION REVIEWED By
Request by Cornerstone Auto Resource for Preliminary and Jeremy Barnhart,Planning Manager
Final Plat Approval for plat of Jabez, Public Hearing- Case No. REVIEWED BY
P 12-04
ACTION REQUESTED
Staff recommends approval of the Preliminary and Final Plat as illustrated on drawings date stamped
September 24, 2012,with the following conditions:
1. Additional right-of-way of about 16.22 feet shall be provided along 171st avenue as shown on
the drawing.
2. The plat shall provide access control along Highway 10 frontage prohibiting access.
3. The development shall meet all applicable fire codes. The Fire Chief shall verify the location
of all fire hydrants, and may require additional hydrants necessary to preserve the health and
safety of the residents.
4. A surface water management fee for lot 1 shall be paid at the time the Final Plat is released
for recording(currently$1,214 per acre or$21,524.22 total). Surface water management fee
for outlots A and B shall be paid at the time those lots are released for recording at the rate
established at that time.
5. A Park dedication fee shall be paid for 8.05 acres at the time the Final Plat is released for
recording(currently 7,444 per acre,or$59,924.20 total).Park dedication for outlots A and B
shall be paid at the time those lots are released for recording at the rate established at the
time.
6. All required subdivision/park information shall be provided in an electronic format(.dwg
file) as required by the City Ordinance and Land Use Application prior to recording of the
plat.
7. This approval of the Preliminary Plat shall expire after 1 year,unless the property owner or
owner's agent has recorded the Final Plat or received an extension.
The Park Commission,at their meeting on October 10,2012,in regards to the Park Dedication
recommendation,recommends the applicant pay park dedication on the full 17.73 acres being platted as a
buildable lot. This increases the park dedication to $131,982.12.
Case File:P 12-04 Plat of Jabez
Page 2
Applicant Cornerstone Auto Resource
Location/ Address 17219 Highway 10
60 Day Rule The City must take action by November 28, 2011
OVERVIEW
The applicant is requesting preliminary and final plat for the Plat of Jabez,which was approved in 2006
but allowed to expire. The applicants propose no changes to the plat.
The plat will consolidate 7 parcels into 3 lots,including 2 outlots for future development. One of these
outlots will be owned by LeFebvre Leasing Company. No new streets will be created with this plat,
although some right of way is being provided for 171ST
The recommended conditions are identical to those agreed to by Council in 2006, although the per acre
costs for stormwater and park dedication have increased.
BACKGROUND/PRECEDENT
The Plat of Jabez was approved by the City Council in April and May of 2006. The preliminary plat was
extended to 2009, and again to 2010. No extension was requested in 2011. The plat has not been
recorded. Since the final plat was not recorded,it and the,preliminary plat expired in April, 2010.
APPLICABLE REGULATIONS
Subdivision
These findings are necessary for the city council approval of the preliminary plat and the final plat:
1. The proposed subdivision is consistent with the_zoning regulations(article VI of this chapter) and conforms in all
respects with all requirements of this Code, including the_zoning regulations and this article.
2. 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.
3. 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.
4. The proposed subdivision makes adequate provision for water supply, storm drainage, sewage transportation,
erosion control and all other services,facilities and improvements otherwise required in this article.
5. The proposed subdivision will not cause substantial environmental damage.
6. The proposed subdivision will not conflict with easements of record or with easements established by judgment of a
court.
7. The proposed subdivision will not have an undue and adverse impact on the reasonable development of neighboring
land.
8. The proposed subdivision is not premature.A subdivision is premature if any of the following exists:
a. Lack of adequate stormwater drainage.
b. Lack of adequate roads.
c. Lack of adequate sanitary sewer ystems.
d. Lack of adequate off-site public improvements or support ystems
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Case File:P 12-04 Plat of Jabez
Page 3
In the review of the standards for Final Plat as outlined,it appears that the request is consistent with all
of these standards.
ANALYSIS
Lot Configuration
The plat of Jabez includes the replatting of 7 parcels into 1 lot and two outlots. Lot 1 is 17.73 acres and
the two outlots are each 2 acres. Lot 1 houses the Cornerstone Auto Resource (fka Elk River Ford) and
car wash. There is no development planned for outlots A and B currently.
Comprehensive Plan
The configuration of the plat is consistent with the Comprehensive Plan. The use of the property as a
car dealership is consistent with the Comprehensive Plan.
Focused Area Study
The configuration of the plat is consistent with the 2010 Focused Area Study. The Focused Area study
suggests that access to the properties being platted will like come from the south,via a new interchange
at 167th. Outlots A and B will be prime lots when traffic shifts to the new interchange at 167th.
Roads
No new roads are proposed as part of this plat, although an additional 16.5 feet of right of way is to be
provided along 171St. Lot 1 will be accessed off of 173rd from the north and 171" from the south. Future
lots A and B will be accessed off of 171'and Ulysses.
Fees
Part of the reason the applicant delayed recording the plat was to defer the payment of the fees (park
dedication and surface water management). During the review in 2006,the City Council agreed that the
applicable land area subject to park dedication is 8.05 acres,rather than the 17.73 acres of lot 1. Using
that ratio, the park dedication fee is $59,924.20 ($7,444 per acre). The surface water management fee,
applied to the entire 17.73 acres,is 21,524.22 ($1,214/ acre). Payment of full park and storm water fees
for future platting of Outlots A and will be required at the time the plat for those lots is released for
recording.
Parks
Park Plan-The Comprehensive Park Plan does not indicate any park target area nor trail corridor in the
wider area.
Park and Recreation Commission Recommendation—The Park and Recreation Commission reviewed
the plat at their meeting on October 10th. The Park Commission recommends park dedication be based
on 10% of the fair market value of the property, established by Council at$7,444 per acre, for the full
17.73 acres being platted as buildable lots.
The Council may recall that the applicant successfully argued in 2006 that 6nly 8.05 acres of the 17.73
acres parcel were undeveloped and subject to the park dedication requirements. The applicable
regulation may be found at section 30-327 (a) of the Elk River City Code.
Grading/ Utilities
No changes to grading or utilities are proposed with this plat.
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Case File:P 12-04 Plat of Jabez
Page 4
ATTACHMENTS
• Location Map
• Staff Memo to Planning Commission dated April 11, 2006.
• Applicant's Narrative
• Preliminary Plat dated received September 24, 2012.
• Final Plat dated received September 24, 2012.
Action Motion by Second by Vote
Follow Up
N:\Departments\Community Development\Planning\Case Files\Plat\P 12-04 Jabez\P 12-04 Jabez SR to PC 11-09-12.docx
RESOLUTION NO. 12-
CITY OF ELK RIVER
A RESOLUTION GRANTING FINAL PLAT APPROVAL FOR:
JABEZ
Case No. P 12-04
WHEREAS, application has been made for final plat approval, pursuant to Section
30-374 (a-g) of the Elk River City Code of Ordinances, of the property legally described on
attached Exhibit A and hereinafter referred to as "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 plat is consistent with the Land Use Regulations and conforms
with all of its requirements.
B. The proposed plat 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 plat 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 plat will not cause substantial environmental damage.
F. The proposed plat will not conflict with easements of record or with
easements established by judgment of a court.
G. The proposed plat 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 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.
Passed and adopted this 19th day of November,2012.
John Dietz, Mayor
ATTEST:
Tina Allard, City Clerk
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EXHIBIT A
Parcel
75-011-2105
North 390.64 ft of the South 570.89 ft of the West 446.04 ft of the Northeast Quarter of
the Northwest Quarter(NE 1/4 NW 1/4) &East 60 ft of the West 225 ft of the South 180.25
ft of the Northeast Quarter of the Northwest Quarter (NE 1/4 NW 1/4), except South 33 ft,
Section 11, Township 32, Range 26, Sherburne County, Minnesota
75-011-2115 .
The North 147.25 ft of the South 180.25 ft of the West 165 ft of the Northeast Quarter of
the Northwest Quarter (NE 1/4 NW 1/4) and the East 25 ft of the South 180.25 ft of the
Northwest Quarter of the Northwest Quarter(NW 1/4 NW 1/4 ), except South 33 ft taken
for Town Road, Section 11, Township 32, Range 26, Sherburne County, Minnesota
75-011-2215
North 390.6 ft of the South 570.85 ft of the Northwest Quarter of the Northwest Quarter
(NW 1/4 NW 1/4) lying East of US Highway 10, Section 11, Township 32,Range 26,
Sherburne County, Minnesota
75-011-2200
That part of the Northwest Quarter of the Northwest Quarter (NW 1/4 NW 1/4) lying North
of a line parallel with and 570.85 ft North of the South line of said Northwest Quarter of
the Northwest Quarter (NW 1/4 of the NW 1/4) and lying south of a line parallel with and
505.77 ft South of the North line of said Northwest Quarter of the Northwest Quarter
(NW 1/4 NW 1/4) and lying East of the easterly right-of-way line of US Highway 10,
except 2.52 acres Retained by Rosenthal, Section 11, Township 32, Range 26, Sherburne
County, Minnesota
75-011-2220
That part of the Northwest Quarter of the Northwest Quarter(NW 'A NW 1 ) described as
follows: commencing at a point on the East line of the_right-of-way of US Highway 10 a
distance of 200 ft Southeasterly from the intersection thereof with the North line of said
Section 11; thence in a Southeasterly direction along said East right-of-way line of said
U. S. Highway 10 a distance of 110.81 ft to the Point-of-Beginning of curve to the right;
thence along said curve to the right with a radius of 7,875.52 ft& central angle of 12
degrees, 22 minutes a distance of 226.19 ft; thence East and parallel with said North line
of said Section 11 a distance of 600.00 ft; thence North at right angles to the North line of
said Section 11; thence West along said North line to its intersection with said East right-
of-way line; thence Southeasterly along said East right-of-way line to the Point-of-
Beginning. Except therefrom that part of the Northwest Quarter of the Northwest Quarter
(NW IA NW 1A) commencing at the intersection of the East line of Highway 10 and
South line of Town Road which is the North line of Section 11; thence in an Easterly
Direction along South line of Town Road Distance of 150 ft; thence in a Southerly
Direction and parallel to East line of Highway 10 a distance of 200 ft; thence in a
Westerly direction and parallel with the South line of said Town Road a distance of 150 ft
to the East line of said Highway 10; thence in a Northerly direction along the East line of
said Highway 10 to the Point-of-beginning, Section 11, Township 32,Range 26,
Sherburne County, Minnesota
75-011-2245
That Part of the Northwest Quarter of the Northwest Quarter (NW 'A NW 1 ) described
as follows,to wit: Commencing at the intersection of the East Line of Highway 10 and
South line of Town Road which is the North line of Said Section 11; thence in an
Easterly direction along South line of said Town Road a distance of 150 ft; thence in a
Southerly direction and parallel to the East line of Highway 10 a distance of 200 ft:
thence in a Westerly direction and parallel with the South line of said Town Road a
distance of 150 ft to the East line of said Highway 10; thence in a Northerly direction
along the East line of said Highway 10 to Point-of Beginning, Section 11, Township 32,
Range 26, Sherburne County, Minnesota
75-591-0010
Outlot A, Leon LeFebvre Addition, Section 11,Township 32, Range 26, Sherburne
County, Minnesota
EXHIBIT B
1. Additional right-of-way of about 16.22 feet shall be provided along 171st Avenue as
shown on the drawing.
2. The plat shall provide access control along Highway 10 frontage,prohibiting
access.
3. The development shall meet all applicable fire codes. The Fire Chief shall verify
the location of all fire hydrants, and may require additional hydrants necessary to
preserve the health and safety of the residents.
4. A surface water management fee for lot 1 shall be paid at the time the Final Plat is
released for recording (currently$1,214 per acre or$21,524.22 total). Surface water
management fee for Outlots A and B shall be paid at the time those lots are
released for recording at the rate established at that time.
5. A Park dedication fee shall be paid for 8.05 acres at the time the Final Plat is
released for recording (currentlf7,444 per acre, or$59,924.20 total). Park
dedication for outlots A and B shall be paid at the time those lots are released for
recording at the rate established at the time.
6. All required subdivision/park information shall be provided in an electronic
format (.dwg file) as required by the City Ordinance and Land Use Application
prior to recording of the plat.
7. This approval of the Preliminary Plat shall expire after 1 year, unless the property
owner or owner's agent has recorded the Final Plat or received an extension.
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