6.6. SR 07-15-2002City
Item # 6.6.
MEMORANDUM
TO:
FROM:
Mayor and City Council
Scott Harlicker, Senior Planne~
DATE: July 15, 2002
SUBJECT: Case No. AS 02-04
Request by Roger Johnson for Administrative Subdivision
Request
Consider a request by Roger Johnson to subdivide approximately 9 acres into three industrial
lots.
Location
16110 Jarvis Street
Zoning/Land Use
12 (Medium Industrial) / MI (Medium Industrial)
Attachments
· Location Map
· Survey
· Memo from City Engineer
Overview
Existing Conditions
Mr. Johnson is proposing to subdivide 9.23 acres into three lots. The property is located on
the west side of Jarvis Street about a ~A mile north of the railroad tracks. The property has
730 feet of frontage on Jarvis Street and 550 feet of frontage on 161~ Avenue. The right-of-
way for 161~ Avenue will have to be shown on the survey. There is an existing residence and
Memo to Mayor & City Council/AS 02-04
July 15, 2002
Page 2
a metal shop building on the property. The applicant occupies the residence and an
excavating company is using the metal shop building. There is a wetland near the center of
the property and a line of trees along the north property line. The wetland will have to be
delineated and included in a drainage and utility easement. There are also some mature trees
and landscaping around the residence. The area around the metal building is gravel and is
used for outdoor storage by the excavating company. A gravel driveway off of Jarvis Street
provides access to the property. It is shared by both the applicant and the excavating
company. The property is outside the urban service area; City sewer and water is not
available to this property.
The property to the south has been granted final plat approval as Cascade Industrial Park.
Included as part of that plat is 161~ Avenue, which is the south boundary of this subdivision
and will provide access to Lots 1 and 3.
Layout
Parcel i
Parcel 1 is proposed to be 5.02 acres. It includes the east half of the 9 acre lot and the
existing metal building. Access to this lot will be from 161~ Avenue. The existing shop is
setback 24 feet from the side property line and an attached deck and stairs are setback about
14 feet. The minimum side yard setback is 25 feet. Approval of this subdivision would
include an 11 foot variance to the side yard setback. It is not clear if the existing building will
comply with the required 30 foot front yard setback on 161~ Avenue. The right-of-way for
161st Avenue is not shown on the survey. If the metal building does not comply with the 30
foot front yard setback, approval of this subdivision would include a variance to the front
yard setback.
Parcel 2
Parcel 2 is proposed to be 1.5 acres. It is located in the northeast corner of the 9 acre lot
with 299 feet of frontage on Jarvis Street. The parcel is vacant. Access to this parcel will be
from Jarvis Street.
Parcel 3
Parcel 3 is proposed to be 2.15 acres. It is located in the southeast corner of the 9 acre lot
with 431 feet of frontage on Jarvis Street and 214 feet of frontage on 161~ Avenue. Access
to this lot will be from 161~ Avenue. There is an existing residence on this lot. The residence
includes a house, a detached garage and three sheds. The detached garage is 13 feet from the
proposed side lot line. The required setback is 25 feet. Approval of this subdivision would
include a 12 foot variance to the side yard setback. Two of the sheds are located within the
front yard setback on Jarvis Street and 161~ Avenue. Approval of this subdivision would
include a variance to the front yard setback for the sheds. If the Council is uncomfortable
with the front yard setback variance, a condition could be added that would require that the
sheds be moved so that they comply with the front yard setback.
S:\PLANNING\Case Files\AS 02-04 Johnson\as02-04.doc
Memo to Mayor & City Council/AS 02-04
July 15, 2002
Page 3
Grading, Drainage and Utilities
Grading, drainage and utility issues are addressed in the City Engineer's memo.
Park and Recreation
The Park and Recreation Commission recommended cash to meet the park dedication
requirement. They recommended that the industrial rate be paid for the residential lot and
the two industrial lots. The payment for Lot 2 is due prior to recording the subdivision and
payment for Lots 1 and 3 are due when the lots are sold. The park dedication fee for
industrial land is $2,000 per acre.
Recommendation
Staff recommends that the City Council approve Roger Johnson's request for an
administrative subdivision with the following conditions:
1. The wetland shall be delineated, shown on the survey and included in a drainage and
utility easement.
2. The right of way for 161st Avenue shall be shown on the survey.
3. Park dedication fees for Lot 2 shall be paid prior to recording the administrative
subdivision.
4. All comments of the City Engineer shall be addressed.
5. Surface water management fees shall be paid prior to recording the administrative
subdivision.
S:\PLANNING\Case Files\AS 02-04 Johnson\as02-04.doc
II
~IS
Location Map
Case Number: AS 02-04
Roger Johnson
N
Howard R,
Green Qompany
July 10, 2002
File: 817710J-0240
Mr. Scott Harlicker
Senior Planner
City of Elk River
13065 Orono Parkway
Elk River, MN 55330-5600
RE: ADMINISTRATIVE SUBDIVISION FOR ROGER JOHNSON
Dear Mr. Harlicker:
As requested, we have reviewed the proposed Administrative Subdivision for Roger Johnson.
The drawing was prepared by John Oliver and Associates. The subject property is located at
the north end of Cascade Industrial Park adjacent to Jarvis Street. Based on our review and
comments made at the staff review meeting, we would offer the following comments:
1. The proposal is to take approximately 8.7 acres located just north of Cascade Industrial
Park adjacent to Jarvis Street and to divide it into three parcels. The large parcel
currently contains a home with a garage and a shed together with a large shop building.
Once the parcel is divided into three lots, the large shop building would be on Parcel 1.
The home, garage, and shed would be located on Parcel 3, and Parcel 2 would be
vacated.
2. Reading the administrative subdivision portion of the City ordinance, we question
whether the administrative subdivision can even proceed prior to the Cascade Industrial
Park final plat even being filed. Under Administrative Subdivision Ordinance
A.PURPOSE, ii, "The property to be divided will not require the dedication of public right-
of-way for the purpose of gaining access to the subdivided property." This situation will
be true once the final plat of Cascade Industrial Park is actually filed. Until that time
some dedication would be necessary to get public road access to Parcel 1. In addition,
the legal descriptions on the administrative subdivision drawing are incorrect if we
assume that Cascade Industrial Park will dedicate the road at the north end of the
Johnson parcel. The legal descriptions are written as if Cascade Industrial Park does
not exist. We would recommend that the legal descriptions be modified to assume the
existence of Cascade Industrial Park and that a condition on the administrative
subdivision be given that it cannot be filed until the Cascade Industrial Park plat is
recorded.
3. There are several other minor errors in the legal description, but since the underlying
description does not take into account the platting of the road right-of-way as proposed
by the final plat of Cascade Industrial Park, perhaps these legal descriptions will all need
to be redone.
Ltr-071002-HarlickerLtr-071002'Harticker
1326 Energy Park Drive · St. Paul, MN 55108 · 651/644-4389 fax 651/644-9446 toll free 888/368-4389
Mr. Harlicker
July 10, 2002
Page Two
4,
We question whether or not Parcel 1 can be created with a large metal shop on it with no
parking and/or ponding for drainage purposes. Because the home, garage, and
bituminous parking area would now be on Parcel 3, Parcel 1 with the large metal shop
would not have any of the necessary supporting infrastructure such as a parking lot,
individual access onto the road, or ponding for storm drainage purposes.
The wetland shown on the drawing is noted at the "approximate edge of wetland." tt is
our understanding that there is a wetland delineation being performed on this site. A
condition of the administrative subdivision should be that the final drawing show a
delineated wetland boundary and encompass that entire wetland area with a drainage
and utility easement.
If you have any questions regarding any of these comments, please call.
Sincerely,
Howard R. Green Company
Terry J. Maurer, P.E.
TJM:mw
Howard R, Green Company
Ltr-071002-HarlickerLtr-071002-Harticker CONSULTING ENGINEERS
5.02 Acres
S89'59'55"E
The North line of the SE I/4 of the Iv~ I/4, Sec.
The NE Comer of the SE I/4--
of the NE I/4, Sec- tJ
550.00
PARCEL 2
1.50 Acres
2T8.-0~
J ~
PARCEL 3
2.,5A ....
S89°59'55"E 218.03
~-e~South line of the SE I/~ of the NE I/4, Sec. 13 -,
''-- S 89~57'38" W
D ye ay
550.01
I
The SE Comer of
the NE I/4. Sec. 13
A Sherbume County
Monument
0 50 100 150
SCALE IN FEET
0 Denotes I/2 Inch x 14 Inch Iron
Pipe Set With A Plastic Cop
Marked R.L.S. 21729
· Denotes Iron Pipe Found
~) Denotes Sherbume
County
Monument
LEGAL DESCRIPTION OF RECORD
· 411 that port of the Southeast Ouorter of the Northeast ~uorter of Section 13, Township 32,
Range 26, described as follows: Commencing at the Northeast corner thereof; thence South along
the East line thereof o distance of 590 feet to the actual point of beginning of the land to be
described; thence West parallel with the North line thereof o distance of 550 feet; thence South
parallel with ~oid East line to intersect the South line of said Southeast Quarter of the Northeast
~uc~ter; thence East along said South line to the Southeast corner of said Southeast Ouorter of
the Northeast Quarter; thence North along the East tine thereof to the point of beginning.
Conjoining 9.2 acres, more or less. Sub/ecL to and together w/th that port thereof token for
township rood. A/so subject to on easement for drivewo.v purposes over and across the South 33
feet of the above described property
PROPOSED LEGAL DESCRIPTIONS
PARCEl I
That port of the Southeast ~uarter Of the Northeast Duorter of Seclion 13, Township 32, Range
26, Sherburne County, Minnesota described os follows: Commencing ol the Northeast corner of
said Southeast ~uorler of the Northeast ~Jorter; thence South along the Sos1 line of said
Southeast Quarter of the Northeast OuarJer, 0 distance of 590 feet; thence West parallel with the
North line of said Southeast Quarter of the Northeast Ouorter, o distance of 251.03 feet to the
actual point of beginning of the land to be described; thence continue West para/lei with said
North line, o distance of 298.97 feet; thence South parDI/e/ with said East line to the intersection
with the South line of said 5outheost ~uorter of 1he Norlheost Quarter; thence East along said
South llne lo the intersection with o line drown parallel with the £ost line of said Southeast
Ouorter of the Northeast Quarter from the point of beginning; thence North parallel with the East
line of said 5outheost Quarter of the Northeast Ouorter to the point of beglnnm9.
Conlaining 5.02 acres, mo~e or tess. Sub~ect to on easement for driveway purposes over and
across the South J3 feet of the above described property
PROPOSED DRAINAGE AND UTILITY EASEMENTS FOR PARCEL I[to be deeded to the
city)
An eosemenl for drainage and utility purposes over, under and across the East, West and North
5.00 feet and the South 33.00 feet of the following described properly
/NSERT PARCEL I DESCRIPTION HERE
PARCEL 2
That port of th~ Southeast Ouarler of the Northeast Quarter of Section 13, Township 32, Range
25, Sherburne Count.Z, Minnesota described as follows: Commencing at the Norlheos! corner of
said 5outheo$t Quarter of the Northeast Quarter; theHce South dong the East line of said
Southeast Ouorter of the Northeast Quarter, o distance of 590 feet; thence West parallel with the
North line of said 5outheost Quarter of the Northeast Quarter, o distance of J3.00 feet to the
West line of the East 33.00 feet of said Southeast Quarter of the Northeast Quarter, said point
being the oclua/ point of beginning of the land to be described; thence continue West parallel
with the North fine of said Southeast Ouorter of the Northeast Quarter, o distance Of 218.03 feet;
thence South parallel with said East line, a distance of 299. 72 feet; thence Ecs/ parallel with said
North line to the West line of the East 33.00 feet of said 5oufheost Quarter of the Northeast
Ouarter; thence North dong said West line of the East JJ. O0 feet to the point of beginning.
Containing 1.50 acres, more or less.
PROPOSED DRAINAGE AND UTILITY EASEM~WT$ FOR PARCEL 2 (to be deeded to the
city)
An easement for drainage and utility purposes over, under and across the North. South and West
5 fee~ and the East I0 feet of the following described property
L£C£/VD
Denotes Existing Overhead Electric Line
Denotes Existing Wooded Fence
Denotes Existing Barbed Wire Fence
Denotes Existing Telephone Pedestal
Denotes Existing Power P~le
Denotes Existing gu.F Wire
Denotes Ex/sting Gas Meter
Denotes Existing Edge of Trees
PARCEL 3
That port of the Southeast Quarter of the Northeast Ouorter of Section 13, Township 32, Range
26, Sherburne CountM Minnesota described as follows: Commencing al the Northeast corner of
said Southeast ~2uarter of fha Northeast Quarter: thence South along the East llne of said
Southeast Quarter of the Northeast Quarter, o distance of 889.72 feet; thence West parallel with
the North line of said Southeast Quarter of the Northeast Ouorter, o distance of 33.00 feet to the
West line of the East 33.00 feet of said Southeast Quarter of the Northeast Ouorter, said point
being the actual point of beginning of the land to be described; thence continue West parallel
with the North line of said Southeast Quarter of the Northeast Quarter, o distance of 2/8.03 feet;
thence South parallel with said East line to the inlersectic~ with the South tine of said Southeast
Southeast corner Of sold 5outheost Quarter of the Southeast Ouorler; thence northerly 1o o point
on the West line of the East 33.00 feet of said Southeast Ouarter of the Northeast Quarter, distant
249.76 feet 5outh of the point of beginning; thence North along the West line of the East 3~.00
feet of said Southeo$! Quarter of the Northeast Ouarter to the point of b~ginning.
Containing 2,15 acres, more or less. Subject to on easemenl for driveway purposes over and
across the South 33 feet of the above described property
PROPOSED DRAINAGE AND UTILITY EASEMENTS FOR PARCEL 3 {fo be deeded to
cilx)
An easement for drainage mhd utility purposes over, under and ocro$$ the North and West 5 feet,
INSERT PARCEL J DESCRIPTION HERE
PARCEL 4 (Jorw$ Street to be deeded 1o the city)
That port of the 5outheost Quarter of the Northeast Quarter of Sectlon 13, Township 32, Range
26, described os follows: Commencing al the Northeast corner of
Northeast Quarter; lhence 5outh along the East line of sam 5outheost Quarter of the Northeast
Quarter, o distance of 590 feet Ia the point of beginning: thence West parallel with the North line
of said Southeast Quarter of the Northeast Ouorler, o distance of 33.00 feet to the Wes1 line of the
East J3,00 feet of said Southeast Quarter of the Northeast Ouorter; thence South para/iai with
said East line, o distance of 549.48 feet; th6nce southerly to o polnf on the South line of sold
Southeast Quarter of the Northe(;$t Quarter, distant 37.03 fed1 westerly of the Southeast Quarter
of sold Southeast Quarter of the Norlheost Ouarler; thence East alan9 said South line, a distance
z
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