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6.10. SR 06-17-2002MEMORANDUM TO: FROM: Mayor and City Council Michele McPherson,~n~Director of Planning DATE: June 17, 2002, 2002 SUBJECT: Case No. P 02-10 Preliminary and Final Plat of Grace Addition Item# 6.10. Request The City asks that the City Council consider the preliminary and final plat of Grace Addition to subdivide one parcel into two. Attachments · Location Map · Memo from Sherburne County · Resolution No. · Preliminary Plat · Final Plat Location West of County Road 13 at the Tyler Street intersection, east of Royal Oaks Ridge Zoning/Land Use Rlc, Single Family Residential / MR, Medium Density Residential Analysis Overview The City of Elk River has been negotiating with Grace Assembly of God Church, property owner, for purchase of park property from the subject parcel. The subject parcel is owned by the church and is currently vacant with a variety of topography. There are three Memo to Mayor and City Council?P 02-10 June 17, 2002 Page 2 wetland/drainage areas and a drainage ditch that traverses the northerly portion of the site. The City Council has authorized staff to continue negotiating with the church for park property. Preliminary Plat The subject parcel measures approximately 24 acres in area and is proposed to be subdivided into two lots; Lot 1 - 13.9 acres with street frontage and access from County Road 13; Lot 2 - 11 acres in area, will have street frontage and access from the right-of-way of 190~ Avenue. The City will utilize this connection for pedestrian purposes only for the park. Both parcels meet the minimum lot requirements for the Rlc Single Family District. Lot 1 will be used by the Church to construct a church (agenda item to follow). Drainage and Utilities Drainage and utilities are addressed in the City Engineer's memo. Park Dedication There will be no park dedication required for this parcel as the City is interested in purchasing Lot 2 from the Church for park purposes. The Park and Recreation Commission did review the request and asked that the utility easement for the water main include trail rights to connect 190th Avenue to Twin Lakes Road with a pedestrian way. Planning Commission Action The Planning Commission held a public hearing regarding this issue on May 28, 2002. Three residents spoke regarding their concern that 190~ Avenue may be extended to the east. This is not being proposed. They also wanted to know about access to the park. Access to the park is intended to be from 190t~ Avenue via a pedestrian trail. Recommendation Staff and the Planning Commission recommend that the City Council approve the preliminary plat of Grace Addition with the following conditions: 1. THE UTILITY EASEMENT SHALL INCLUDE TRAIL RIGHTS. e THE PARK BOUNDARIES SHALL BE MARKED AS REQUIRED BY ORDINANCE. Staff also recommends that the City Council approve the attached resolution granting final Plat approval of Grace Addition. S:\PLANNING\Case Files\P 02-10 Grace Addition\6 17 CC.doc PARCEl_ B PARCEL A SITE OU fLO~ C T~OTT OUTLOTI Case Number: Location Map P 02-10 & CU 02-10 ASSEMBLY OF GOD CHURCH N May 6,2002 City of Elk River Attn: Michele McPherson 13065 Orono Parkway P.O. Box 490 Elk River, MN 55330 PUBLIC Sherbu~ WORKS DEPARTMENT 425 Jackson A venue E/k River, MN 55350 (763) 241- 7034. 800-594-5208 FAX (763) 441-2254 Re: Grace Addition Dear Ms McPherson; As previously discussed we accept this proposal and have already granted access to CSAH 13. On the recommendation of consul from Sherburne County Assistant Attorney Timothy P. Brausen we will allow access for the Grace Assembly of God Church to CSAH 13 at the southern boundary of the parcel. The placement of the access at the southern boundary provides the greatest possible spacing separation from Tyler Street NW. When the Jordan parcel (75-126- 3400; 12.98 acres) develops the access to CSAH 13 serving his properly must be removed. An access permit has been granted for the Grace Assembly of God Church to CSAH 13 with the following Conditions: 1. Pay the required permit and signage fees ($550). 2. We require 60' of fight of way for CSAH 13 (as measured from the centerline of CSAH 13) be granted in fee title to Sherburne County. 3. The slopes of the access must be constructed at 1:6 within the right of way. 4. The developer is responsible for drainage studies. If a culvert is necessary within the right of way of CSAH 13, it must have 1:6 safety aprons and grates. Both the cost of the culvert and the installation are the responsibility of the developer. A fight turn lane is required at the proposed entrance and must be constructed according to Sherburne County standards as listed on the detail. A bypass lane must be constructed to Sherburne County standards at the proposed entrance. Slopes on the turn lanes and bypass lane must be 1:4. Turf establishment is covered on the enclosed detail. We recommend the notification (by church representatives) of the landowners that will be impacted by the bypass lane. Some tree trimming may be necessary. Road signs will be installed by the public works department. The developer must notify the public works department for installation. Make all pavement marking changes as necessary. If you have any questions, please call me at 241-7034 Sinc~ely, Richard D. Corbin Sherburne County Public Works RESOLUTION NO. 02 - CITY OF ELK RIVER A RESOLUTION GRANTING FINAL PLAT APPROVAL FOR: Grace Addition Case No. P 02-10 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 17, 2002; 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. 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. 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 and duly seconded by Council Member following voted in favor of the Resolution. Council Member The The following voted against the Resolution: The following were absent: S:\PLANNINGXRESOLUTIXP02-10.doc Page 2 WHEREUPON the resolution is adopted. Passed and adopted this 17th day of June, 2002. Stephanie Klinzing, 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 ~, 2002. WITNESS my hand officially as such Clerk and the corporate seal of the City this __ day of ,2002. Sandra Peine, City Clerk STATE OF MINNESOTA SS. COUNTY OF SHERBURNE The foregoing instrument was acknowledged before me this __ , 2002, by Stephanie Klinzing, Mayor, City of Elk Minnesota. day of River, Notary Public S:\PLANNING\RESOLUTIXP02-10.doc Page 3 STATE OF MINNESOTA SS. COUNTY OF SHERBURNE The foregoing instrument was acknowledged before me this __ day of ,2002, by Sandra Peine, City Clerk, City of Elk River, Minnesota. Notary Public S:kPLANNINGkRESOLUTIkP02-10.doc Page 4 EXHIBIT A Legal Description: That part of the Southeast Quarter of the Southwest Quarter of Section 26, Township 33, Range 26, Sherburne County, Minnesota described as follows: Beginning at the northwest corner of said Southeast Quarter of the Southwest Quarter; thence on an assumed bearing of South 89 degrees 50 minutes 57 seconds East along the north line of said Southeast Quarter of the Southwest Quarter, a distance of 685.18 feet; thence South 0 degrees 21 minutes 30 seconds West, a distance 838.44 feet; thence South 44 degrees 57 minutes 09 seconds East, a distance of 140.65 feet to the north line of the South 382.33 feet of said Southeast Quarter of the Southwest Quarter; thence North 89 degrees 44 minutes 12 seconds East along said north line, a distance of 479.66 feet to the centerline of County State Aid Highway No. 13; thence southwesterly along said centerline being a nontangential curve concave to the southeast having a radius of 2874.78 feet and a central angle of 9 degrees 01 minutes 05 seconds, a distance of 452.47 feet to the south line of said Southeast Quarter of the Southwest Quarter, the chord of said curve bears South 31 degrees 58 minutes 29 seconds West; thence South 89 degrees 44 minutes 12 seconds West along said south line, a distance of 1027.90 feet to the southwest corner of said Southeast Quarter of the Southwest Quarter; thence North 0 degrees 21 minutes 30 seconds East along the west line of said Southeast Quarter of the Southwest Quarter, a distance of 1325.74 feet to the point of beginning. S:XPLANNING\RESOLUTI\P02-10.DOC Page 5 EXHIBIT B Conditions: 1. THE UTILITY EASEMENT SHALL INCLUDE TRAIL RIGHTS. 2. THE PARK BOUNDARIES SHALL BE MARKED AS REQUIRED BY ORDINANCE. S:\PLANNING\RESOLUTI\P02-10.doc Page 6 GRA CE A SS£MBL Y 07 GOD CHURCH 89'$0'57" 685. 18 DRAINAGE AND UTILITY EASEMENTS SHOWN THUS: I · 500 ~' ~, 5 go ~000 i[I/ [-~ooo AND ADJOINING PLAT BOUNDARY LINES AND STRCET AN0 BOUNDARY LINES. ~'x\ \ O DENOTES Y2 INCH BY 14 INCH IRON MONUMENT SET WITH AND MARKED WITH RLS No. 13293 CAP UNLESS OTHERWISE SHOWN LOT 1 ' , 96030 89'44'12" W 102Z90 > t N 89'44'12" E 479.66 ------- ..... 405.20 -- - &7 ,, ~:~/ ~/~, ', W' ~/ // THE SOUTH LINE OF THE SE Y~ OF THE Sw ~ IS ASSUMED TO HAVE A BEARING OF S 89'44' 12" W , / / / · IRON MONUMENT FOUND I "-'.":'/ "-' TH OUTH LINE OF THE I/ / OF SECTION 26, TOWNSHIP 33, RANGE 26 ,'tED TO HAVE A B AR qG OF ; 8 ~o~ ~ LE I inch = ft ~y2~-~B¢. 1326 ENERGY PARK DRIVE ti ST PAUL MINNESOTA 55108 .~ I~-~, ' (651) 64-4-4389 ~ ~ -. ,~;~. ~:.--tHoward R ~reen Company ~ j CONSULTING ENGINEERS June a~-, 2002 q939:37 o m SHEET 2 OF 2 SHEETS PRELIMINARY PLA T OF GRA CE S89'50'57"E ........ 685.1B .... EASEMENT LOT 2 11.00 AC." .co t / k: -b-;-'% ~ ~I" I ,'-' %N' '~3.91":AC. ~E, ASE~J~T , ~ \ )~' P~.~ utn~ty ~' ':.: '-'. 1027.90 ~. - -, ~ s. ina of the SE ~/~ of 1/~ of Sec 26. T. 75-126-.3400 -,- ,,. !';,.,. ~, ' ~- 479.66 14c 75-126-4209 / / ,/ / r~./ / 40' // 75-126-3410 / GRAPHIC SCALE DENOTES: 0 IRON MONUMENT SET R.LS. NO. 13293 · IRON MONUMENT FOUND I ADDITION Sec.26, T,35, R.26 ' ,~ LOCATION NO SCALE LEGEND ZONING: RlC - SINGI_E FAMILY RESIDENTAL - SEWERED MINIMUM LOT 11,00 SQ FT. REQUIREMENTS: 80' WIDTH 130' DEPTH BUILDING .30' FRONT SETBACKS: 10' SIDE 5' GARAGE SIDE BUILDING REQUIREMENTS: MAX. LOT COVERAGE OF 25~ MAX. BUILDING HEIGHT OF ,3 FLOORS OR 40' AREA: 33.91 Acres, more or less OWNER/DEVELOPER: Grace Assembly of God Church NOTE: All existing drainage easements ore os files by Doc, N. `324969 Sherburne Co.. MN That port of the Southeast Quarter of the Southwest Quarter of Section 26, Township 3,3, Range 26, Sherburne County, Minnesota described os follows: Beginning at the northwest corner of said Southeast Quarter of the Southwest Quarter; thence on an assumed bearing of South 89 degrees 50 minutes 57 seconds East along the north line of said Southeast Quarter of the Southwest Quarter, a distance of 685.18 feet; thence South 0 degrees 21 minutes 30 seconds West, o distance of 6.38.44 feet; thence South 44 degrees 57 minutes 09 seconds East, a distance of 140.65 feet to the north Iine of the South 362.3,3 feet of sold Southeast Quarter of the Southwest Quarter; thence North 69 degrees 44 minutes 12 seconds East along sold north line, a distance of 479.66 feet to the centerline of County State Aid Highway No. 1,3; thence southwesterly along said centerfine being a nontangential curve concave to the southeast having a radius of 2874.78 feet and o central angle of 9 degrees 01 minutes OS seconds, o distance of 452.47 feet to the south Hne of said Southeast Ouorter of the Southwest Ouorter. the chord of sold curve bears South .31 degrees 58 minuts 29 seconds West; thence South 69 degrees 44 minutes 12 seconds West along said south IMm o distance of 1027,90 feet to the southwest corner of said Southeast Ouorter of the Southwest Quarter; thence North 0 degrees 21 minutes .30 seconds East oIong the west line of said Southeast Ouorter of the Southwest Quarter, o distance of 1.325.74 feet to the point of beginning. HEREBY CERTIFY THAT rills EXHIBIT WAS PREPARED BY ME OR UNOER MY DIRECT SUPER~SION AND Pr~AT PRINTED NAME FRANK S. KRIZ mC.NO __ lJ29d I _~1 1326 ENERGY PARK DRIVE I ~l _ ST. PAUL, MINNESOTA 55108 [~~ ~ (651) 644--4389 IF toward IR Green Company [~F'2'~ J CONSULTING ENGINEERS April 30, 2002 6:44:53 a.m. 816090j~dwg~816090-PRELIMINARY PLAT.DWO (TELGAAR) ,5'..~EET ] OF ] ,SWEE?$