6.4. SR 04-17-2000"ity of
iver
MEMORANDUM
Item# 6./4.
TO:
FROM:
DATE:
SUBJECT:
The Mayor and City Council
Stephen Wensman, Planner~[j
April 17, 2000
Request by Patrick Gagnon for Preliminary and
Final Plat Approval of Norwood Addition, Public
Hearing Case No. P 00-4
Request
Patrick Gagnon is requesting preliminary and final plat approval of Norwood
Addition, a 4 lot per 40-acre subdivision in the A1 zoning district.
Location
General description: County Road 33, across from the Pheasant Run
subdivision. Legal description: The SE ¼ Of The NW ¼ Of Section 13,
Township 33, Range 26, Elk River.
Zoning/Land Use
A1 (Agricultural Conservation) / LR (Low Density Residential)
Attachments
· Location Map
· Preliminary Plat
· Final Plat
· City Engineer Memorandum
· Sherburne Highway Engineer Memorandum
· Resolution No. 00-
13065 Orono Parkway · P.O. Box 490 · Elk River, MN 55330 · TDD & Phone: (612) 441-7420 · Fax: (612) 441-7425
Memo to the City Council/P 00-4
April 17, 2000
Page 2
Overview
The applicant is requesting preliminary plat to subdivide a 39.95-acre lot into
4 lots of varying lot size. The smallest lot will be 8.76 and the largest one
10.40 acres. In the A1 zoning district, the minimum lot size is 10 acres
unless the 4-lot per 40-acre residential clustering is used. Typically
subdivisions of 4 lots or less are subdivided by administrative subdivision,
however cluster subdivisions require preliminary and final plat approval.
With the 4 lots per 40-acre rules, lot area can vary as long as the sum total
lot area equals 40 acres. Staff policy is to interpret any acreage between 39
and 40 acres as a 40-acre parcel since few landowners actually own a true 40.
Staff has interpreted the 39.95 acres as a 40-acre parcel.
Existing Conditions
On site is an existing farm with fields along the County Road and the Trott
Brook crossing the rear of the site. The area around the Trott Brook is
relatively low and on site are several small wetlands. The most buildable
land is located on the front half of the proposed lots. The existing home and
garage is on proposed Lot 2 and a pole barn is on proposed Lot 1.
Sherburne County Right-of-Way
The County regulates the amount of right-of-way needed and access points
along County Roads. Presently, the property runs to the centerline of County
Road 33 with an easement over it for the Roadway. The County has
requested that 50 feet of right-of-way be granted from the centerline of
County Road 33. The County has also is requiring a shared driveway for
Lots 3 and 4. Lots I and 2 will have individual driveways.
A cross access easement will be required and need to be recorded with the
plat for the shared access on Lots 3 and 4.
Drainage and Utility Easements
A portion of the property is within the shoreland of the Trott Brook and falls
under the rules of the Shoreland Ordinance. The setback for structures from
the Trott Brook is 100 feet. The drainage and utility easements should
encompass this area. Furthermore, there are several low areas on the site
that are shown to have drainage and utility easements on them.
Staff also recommends that the area north of the Trott Brook have a drainage
and utility easement over it as it appears to be low area and in general is
relatively unusable for building purposes.
\~,elkriver\sys\shrdoc\planning\stevewen\ccmmo\p004.doc
Memo to the City Council/P 00-4
April 17, 2000
Page 3
Septic System and Well
There appears to be adequate lot area near the County Road for septic
systems and wells. Primary and secondary septic systems are indicated on
the plat.
Existing Barn
City Ordinance does not allow accessory buildings prior to having a principle
structure. Staff is willing to allow the existing barn to remain as requested
by the applicant, as long as an escrow account is provided to cover the cost of
removal. Staff recommends allowing the barn to remain without a principal
structure for a two-year period. If a home is not built by April 17, 2002, the
City reserves the right to remove the structure utilizing the escrow account.
Park Dedication
The Park and Recreation Commission recommends that the City Council
accept $1,400 in cash in lieu of a park land dedication for each lot in the
subdivision.
Planning Commission Public Hearing
At the March 28th public hearing, Mr. Dare, the resident immediately to the
east of the proposed plat, expressed concern regarding driveway locations and
location of the east property line. The Planning Commission unanimously
recommended approval of the request.
Recommendation
A. Staff recommends the Planning Commission recommend approval of the 4
lot preliminary plat of Norwood Addition with the following conditions:
THAT TWO ACCESS PERMITS BE OBTAINED FROM SHERBURNE
COUNTY FOR THE 2 NEW DRIVEWAY ACCESSES ONTO COUNTY ROAD
33.
THAT LOTS 3&4 HAVE A SHARED DRIVEWAY AND THAT A CROSS
ACCESS EASEMENT BE RECORDED WITH THE PLAT FOR THE SHARED
DRIVEWAY.
\\elkriver\sys\shrdoc\planning\stevewen\ccmmo\p004.doc
Memo to
April 17,
Page 4
o
Bo
the City Council/P 00-4
2000
A DEVELOPERS AGREEMENT BE PREPARED OUTLINING THE TERMS
AND CONDITIONS OF THE PLAT APPROVAL.
THAT THE CITY ENGINEER'S COMMENTS ON THE MEMO DATED
MARCH 17, 2000 BE INCORPORATED INTO THE FINAL PLAT.
THAT A DRAINAGE AND UTILITY EASEMENT BE PLACED OVER THE
LOW LAND NORTH OF THE TROTT BROOK AND 100 FEET SOUTH FROM
THE TROTT BROOK.
SURFACE WATER MANAGEMENT FEE BE PAID IN THE AMOUNT
REQUIRED BY THE CITY AT THE TIME OF FINAL PLAT PRIOR TO
RELEASING THE PLAT FOR RECORDING WITH SHERBURNE COUNTY.
o
PARK DEDICATION FEE AND TRAIL FEE IN THE AMOUNT REQUIRED
BY THE CITY AT THE TIME OF FINAL PLAT BE PAID PRIOR TO
RELEASING THE PLAT FOR RECORDING WITH SHERBURNE COUNTY.
THAT AN ESCROW ACCOUNT FOR $2000.00 BE PROVIDED TO COVER
THE COST OF REMOVAL OF THE BARN IF IT IS NOT REMOVED BY
APRIL 17, 2002. THE ESCROW CAN BE RELEASED ONCE A HOUSE IS
BUILT.
THAT DRAINAGE AND UTILITY EASEMENTS BE PROVIDED FROM THE
100 FEET SETBACK FROM THE TROTT BROOK TO THE REAR OF THE
PROPERTY.
Staff and the Planning Commission recommend that the City Council
approve Resolution 00- granting final plat approval of Norwood
Addition.
\\elkriver\sys\shrdoc\planning\stevewen\ccmmo\p004.doc
Howard R. Green Company
CONSULTING ENGINEERS
March 17, 2000
File: 809710J-0240
Mr. Steve Wensman
City of Elk River
13065 Orono Parkway
P.O. Box 490
Elk River, MN 55330
RE: NORWOOD ADDITION
Dear Mr. Wensman:
As requested, we have reviewed the preliminary plat for the Norwood Addition. The plat was
prepared by Hy-Land Surveying, P.A., and had a revision date of March 15, 2000. Based upon
our review and comments received at the staff review meeting, we would offer the following
comments:
1. The plat is located along the north side of County Road 33 and consists of subdividing
approximately 40 acres into four lots.
2. Lot 2 contains the existing house and garage. The other three lots show proposed building
pads 100 feet square, and septic area with an alternate site of ;3,200 square .-'eot each.
They also show existing topography around the house pad and the septic area. The
existing topography generally shows the sites to be 15 to 25 feet above the bottom of Trott
Brook which runs across the northern portion of all four lots.
3. The 100-foot setback from Trott Brook is n&w accurately shown on the preliminary plat;
however, Michele's letter of March 8th to the developer asked for this 100-foot setback to be
Provided in a drainage and utility easement. This has not been done. The drainage and
utility easement is still only 50 feet centered on Trott Brook.
4. The preliminary plat has been sent to Sherbume County for their review and comments. As
of today's date, no comments have been received, However, it would not be une~:pected to
see Sherburne County comment about shared driveways for the lots.
If you have any questionsl please cae
Sincerely,
Howard R. Green Company
Terry J.'dVraurer, P.E.
TJM:tw
O:',PROJ~0971_0j\0240~J[r 3-17-00 Wensman.doc
1326 Ene~ Park Drive · St. Paul, MN 55108 · 651/644-4389 fax651/~44-9446 toll fr~e.
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SherburneC°unty
PUBLIC WORKS DEPARTMENT
March 17, 2000
425 Jackson Avenue
Elk River, MN 55330
(612) 241-7000.800-594-5208
FAX (612) 441-2264
Stephen J. Wensman
City of Elk River
13065 Orono Parkway
P.O. Box 490
Elk River, MN 55330
RE: Norwood Addition Plat
Dear Mr. Wensman:
After reviewing the proposed preliminary plat, we will require the following:
1) 50' of ROW dedicated to the County.
2) Lot 1 will keep the existing access.
3) Lot 2 will have it's own access.
4) A shared access on lots 3&4 is required with the removal of existing shared
portion (access with Dare) on the east property line.
5) 2 access permits.
6) Mr. Dare has some concern about his (lot4) property line
If you have any questions or concerns please call me at (612)241-7031.
Sincerely,
Mark LeBrun
Project Engineer
RESOLUTION NO. 00 -
CITY OF ELK RIVER
A RESOLUTION GRANTING FINAL PLAT APPROVAL FOR:
Norwood Addition
Case No. P 00-4
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 April 17, 2000; 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 to 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
Page I
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.
Go
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:\document\resoluti\respOO4.doc
Page 2
WHEREUPON the resolution is adopted.
Passed and adopted this 17st day of April, 1999.
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 ,2000.
WITNESS my hand officially as such Clerk and the corporate seal of the
City this __ day of ,2000.
Sandra Peine, City Clerk
STATE OF MINNESOTA
SS.
COUNTY OF SHERBURNE
The foregoing instrument was acknowledged before me this __
, 2000, by Stephanie Klinzing, Mayor, City of
Minnesota.
Elk
day of
River,
Notary Public
s:\document\resoluti\respOO4.doc
Page 3
STATE OF MINNESOTA
SS.
COUNTY OF SHERBURNE
The foregoing instrument was acknowledged before me this __
, 2000, by Sandra Peine, City Clerk, City of
Minnesota.
Elk
day of
River,
Notary Public
THIS INSTRUMENT WAS DRAFTED BY:
GRAY, PLANT, MOOTY, MOOTY AND BENNETT
PETER BECK
3400 CITY CENTER
33 SO SIXTH STREET
MINNEAPOLIS MN 55402
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Page 4
EXHIBIT A
The Southeast Quarter of the Northwest Quarter of Section 13, Township 33, Range 26
s:\document\resoluti\respOO4.doc
Page 5
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EXHIBIT B
THAT TWO ACCESS PERMITS BE OBTAINED FROM SHERBURNE
COUNTY FOR THE 2 NEW DRIVEWAY ACCESSES ONTO COUNTY ROAD
33.
THAT LOTS 3&4 HAVE A SHARED DRIVEWAY AND THAT A CROSS
ACCESS EASEMENT BE RECORDED WITH THE PLAT FOR THE SHARED
DRIVEWAY.
A DEVELOPERS AGREEMENT BE PREPARED OUTLINING THE TERMS
AND CONDITIONS OF THE PLAT APPROVAL.
THAT THE CITY ENGINEER'S COMMENTS ON THE MEMO DATED
MARCH 17, 2000 BE INCORPORATED INTO THE FINAL PLAT.
THAT A DRAINAGE AND UTILITY EASEMENT BE PLACED OVER THE
LOW LAND NORTH OF THE TROTT BROOK AND 100 FEET FROM THE
TROTT BROOK.
SURFACE WATER MANAGEMENT FEE BE PAID IN THE AMOUNT
REQUIRED BY THE CITY AT THE TIME OF FINAL PLAT PRIOR TO
RELEASING THE PLAT FOR RECORDING WITH SHERBURNE COUNTY.
PARK DEDICATION FEE AND TRAIL FEE IN THE AMOUNT REQUIRED
BY THE CITY AT THE TIME OF FINAL PLAT BE PAID PRIOR TO
RELEASING THE PLAT FOR RECORDING WITH SHERBURNE COUNTY.
THAT AN ESCROW ACCOUNT FOR $2000.00 BE PROVIDED TO COVER
THE COST OF REMOVAL OF THE BARN IF IT IS NOT REMOVED BY
APRIL 17, 2002. THE ESCROW CAN BE RELEASED ONCE A HOUSE IS
BUILT.
THAT DRAINAGE AND UTILITY EASEMENTS BE PROVIDED FROM THE
100 FEET SETBACK FROM THE TROTT BROOK TO THE REAR OF THE
PROPERTY.
s:\document\resoluti\respOO4.doc
Page 6
LOCATION
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LR
City of
ver
13065 Orono Parkway · P.O. Box 490
Elk River, MN 55330
LOCATION
MAP
CASE:
P 00-4
N
NORWOOD
ADDITION
CfTY OF ELK RIVER
SHERBURNE COUNTY,
MN.
KNOW ALL PERSONS BY TNESE PRESENTS: That Patrick M. Gagnon and Heidi J. Ga~non, husband and
wife, fee owners of the following described property situated in the County of Sherbu~nne,
State of Minnesota, to-wit:
The Southeast Q~arter of the Northwest Quarter of Section 13, To--ship 33, Range 26.
Have caused the same to be surveyed and platted as MORWOOD ~DITION and do hereby donate and
dedicate to the County of Sherburne in fee title for public use forever County Highway No.
33 as shown on this plat. Also dedicating to the County of Sherburne the right to limit
access to said County Highway No. 33 as sho~n On this plat. Also dedicating to the public
for public use forever the easements as shown on this plat for drainage and utility and
drainage purposes only.
In witness whereof said Patrick M. Gagnon and Heidi J. Gagnon, have hereunto set their hands
this __ day of 200__.
Signed:
Patrick M. Gagnon Heidi J. Gagnon
STATE OF MI~SOTA
COUNTY. OF SHERBURNE
The foregoing instrument was acknowledged before me this __ day of
200__, by Patrick M. Gagnon and Heidi J. Gagnon, Husband and Wife.
Notary [h/blic, Sherburne Cottnty, Minnesota
My Co~ission expires January 31, 2005
I hereby certify that I have surveyed and platted the property described on this plat as
NORWOOD ADDITION; and that this plat is a correct representation of the suz-~ey, that all
distances are correctly shown on the plat in feet and hundredths of a foot, that all
monuments have been correctly placed in the ground aa shown, that the outside boundary lines
be designated other than as shown on the plat as defined in Minnesota Statutes 505.02, Subd.
Milton E. Hyland, Licensed Land Surveyor
Minnesota License No. 20262
STATE OF MIN1FESOTA
CO[~'rY OF }~qNEPIN The foregoing inst~ment was acknowledged before me this __
· 200__, by Milton E. Hyland, Licensed Land Surveyor.
day of
COUNTY SURVEYOR
Pursuant to Sherburne County Ordinance Number 006, I hereby certify that this plat has been
checked and approved as to compliance with Chapter 505, Minnesota Statutes· this __ day
of 200__.
Sherburne County Surweyor
COUNTY ENGINEER
Recommended for approval this __ day of
200__.
Sherburne County ~gineer
CODqqq"fA~'rOR~4EY
Approved as to form and execution this __day of
· 199__.
Sherburne County Attorney
County Auditor/Treasurer State~nt:
I hereby certify taxes payable in the year __ on lands herein described are paid in
full and there are no delinquent taxes, and that transfer was entered this __ day of
200__.
Sherburne County Auditor/Treasurer
County Recorder:
I hereby certify that this instru~nt was filed in the Office of the County Recorder for
record on this __day of 200__ at __ o'clock__. M., and was duly
recorded as Docu~aent No.
Sherburne County Recorder
Ruthanne Maz~ Hyland, Notary Public
Hennepin County, Minnesota
My Co~ission Expires Januar~y 31, 2005
City Council:
Approved and accepted by the City Council of the City of Elk River, Sherburl~e County,
Minnesota, at a meeting held this __ day of 200__.
Mayor Clerk
hAND SURVEYORS
PRELIMINARY PLAT'
NORWOOD ADDITION
131567 S 89°06'34" £
............... DRAINAGE & [JTfi iT ~ EASE~EN? .............
x .~ - "- x ~ ......... ~-.. -t~o.~,.~~ --- - ' '
x ...... , ,,,.~ . . .. :'- "'
LOT 1 ~' ~ LOT ~ ' ,,~ LOT 3 ~ ~ -
_ , ,,~ LOT 4
~ ~ ~ I ' , ~,, , / ~'-~
G'? '" ""
~ "~ / ,
~ '~ ' ~ ' ': ~ ALTERNATE
~ ~ c::': ........ ~ .... i , ~
~00,02 , ~56.75 z,I ~ 530 O~ ~
COUNTY ~r ~ ,,~.,.,..o,.< .... ROAD No. 33
)~G~H 131687 N 89"08'52" W .... a~,,,c
............................................................................................................. ~ .... ; .............................................
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PRELIMINAtRY PLAT'
NORWOOD ADDITION
1.315.67 89'06'54"
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,--L- ....... ~ ......... ~ ........... , .
'- x _~_ ........ ~-.. ".~ o,~,.~~ ~- .....
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',-~ I i :" ~ *'.
:~: LOT 1 i' i i {~ , i" i
:-~ LOT 8 .~,,.: LOT 3 LOT 4
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