7.9. SR 04-17-2017 EGty1� ,.,�� Request for Action
River
To Item Number
Mayor and City Council 7.9
Agenda Section Meeting Date Prepared by
Public Hearings April 17, 2017 Zack Carlton,Planning Manager
Item Description Reviewed by
Simple Plat:John Lenz,Elk River Screw Job Peter Beck, City Attorney
Reviewed by
Cal Portner, City Administrator
Action Requested
Open and continue the public hearing to May 15, 2017.
Background/Discussion
Case No. P 17-06
The proposed subdivision does not comply with Section 30-471 of the Elk River city code,which states
"All lots shall abut and have direct access to a street." The plat includes two lots, and Lot 1,Block 1, does
not abut a public street. This issue was created when Cascade Industrial Park was platted in 2003. Staff
and the City Council noted the concern during their review and included a condition to remedy the
situation. The condition was not satisfied, and the subdivision cannot be approved until Outlot B of
Cascade Industrial Park is conveyed to the applicant and included in the current simple plat application.
Staff recommends continuing the public hearing to provide the applicant with an opportunity to acquire
Outlot B of Cascade Industrial Park, and update the final plat for Elk River Screw Job.
Financial Impact
None
Statutory Review Period
Per State Statute, the required 120-day review period for a plat ends on July 27, 2017.
Attachments
■ Final Plat of Elk River Screw Job
■ Staff Comment Letter dated January 10, 2003
■ City Council Minutes from January 13, 2003
■ Resolution 03-07
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Howard R. Green Cornpan�/
January 10, 0:0
File: 81 90J-024
Mr. Scott Harlicker
Senior Planner
City of Elk River
1306Drono Parkway
Elk River, M'N 55338
RE: CASCADE INDUSTRIAL PARI
FINAL PLAT
Dear Mr. Harlicker:
As requested, we have reviewed the Final plat for Cascade Industrial Park, As you are aware, this is
the Industrial Park proposed adjacent to the west side of Jarvis Street in the southeastern part of the
City of Elk River. We have two comment „ they are as follows:
1. Where Buchanan Street NW curves into 162"d! Avenue N'"w'P " at the north end of the plat,
there is an utlot B shown that was not on the preliminary plat. Cutlot B is a relatively
small, triangular piece of property located on the north side of the road and adjacent to
property outside of the plat. The question is what is planned for Outlot B? Will: it be
attached to the property outside the plat„ but adjacent to Outlot B? If not, it could act as a
"spite strip" preventing access from this parcel to the public street.
'. The final plat creates a third pot along Jarvis Street at the south end of the plat. This lot is
approximately 2017 feet wide and 700 feet deep. The issue is where will the drainage from
this lot; go Based on the preliminary plat, the drainage from this lot should end up in the
pond proposed in the drainage easement partially contained in Lot 2, Block 1. However,
there are no easements across Lot 2, Block 1 that would allow for drainage from Lot S to
cross to the proposed holding pond. Therefore, additional drainage and utility easements
should be providedon Lot 2 to facilitate drainage from Lot 3 into the ponding area...
If you have any questions regarding these issues, please call.
SJncereiy,
Howard R. Green Company
Terry J. aurer, P.F.
T M:sw
Ur-1111003-H erriicker
1326 Energy Park Drive * at. Pauli, MIN 55108 • 651/644-4389 rex 651f844-9446 toll,free 8881368-4389
City Council Minutes Page 4
January 21,2003
-----------------------------
COUNCILMEMBER KUESTER MOVED TO AUTHORIZE STAFF TO DRAFT
AN ORDINANCE AMENDING SECTION 2-212 OF THE EXISTING
ORDINANCE RELATING TO THE HERITAGE PRESERVATION
COMMISSION BY DELETING THE LANGUAGE "AND MUST RESIDE IN
THE CITY:AND REPLACING IT WITH THE FOLLOWING LANGUAGE: "IT
IS EXPECTED THAT A PREFERENCE BE GIVEN TO ELK RIVER
RESIDENTS, BUT RESIDENCY BY ITSELF SHALL NOT BE A
DISQUALIFICATION. COUNCILMEMBER TVEITE SECONDED THE
MOTION. THE MOTION CARRIED 4-1. Mayor Klinzing opposed.
COUNCILMEMBER TVEITE MOVED TO AUTHORIZE STAFF TO DRAFT
AN ORDINANCE AMENDING SECTION 2-252 (A) OF THE EXISTING
ORDINANCE RELATING TO THE ICE ARENA COMMISSION BY
DELETING THE LAST SENTENCE OF SECTION (A)AND REPLACING IT
WITH THE FOLLOWING LANGUAGE: "IT IS EXPECTED THAT A
PREFERENCE BE GIVEN TO ELK RIVER RESIDENTS, BUT RESIDENCY
BY ITSELF SHALL NOT BE A DISQUALIFICATION. COUNCILMEMBER
DIETZ SECONDED THE MOTION. THE MOTION CARRIED 4-1. Mayor
Klinzing opposed.
5. Open Mike
No one appeared for Open Mike.
6.1. Request by Cascade Land Co. for Final Plat Approval Cascade Industrial Park Case No.
P 01-20
Staff report submitted by Senior Planner Scott Harlicker. Mr. Harlicker stated that the
applicant is requesting to amend the final plat for Cascade Industrial Park. Mr. Harlicker
stated that the applicant is proposing to plat three lots along Jarvis Street instead of two. He
discussed the existing site conditions,lot and street layout,grading,drainage,utilities,and
park dedication fees.
Councilmember Motin questioned what is planned for Oudot B.
Jim Brown,Director of Development for Cascade Land Company—Stated that they would
be willing to deed Oudot B to the adjacent property owner.
COUNCILMEMBER TVEITE MOVED TO ADOPT RESOLUTION 03-07
GRANTING FINAL PLAT APPROVAL FOR CASCADE INDUSTRIAL PARK,
CASE NO. P 01-20,WITH THE FOLLOWING CONDITIONS:
1. A DEVELOPERS AGREEMENT OUTLINING THE TERMS AND
CONDITIONS OF THE PLAT APPROVAL AND INSTALLATION OF
IMPROVEMENTS BE PREPARED AND EXECUTED PRIOR TO
RELEASING THE PLAT FOR RECORDING.
2. ALL COMMENTS OF THE CITY ENGINEER BE SHALL BE
ADDRESSED.
City Council Minutes Page 5
January 21,2003
-----------------------------
3. STREET LIGHTS BE INSTALLED AS REQUIRED BY ELK RIVER
UTILITIES
4. A LETTER OF CREDIT BE PROVIDED TO THE CITY IN THE
AMOUNT OF 100% OF THE COSTS OF THE PUBLIC
IMPROVEMENTS.
5. UPON COMPLETING ALL OF THE IMPROVEMENTS AND HAVING
THEM ACCEPTED BY THE CITY,A WARRANTY BOND IN THE
AMOUNT OF 25% OF THE IMPROVEMENT COSTS SHALL BE
SUBMITTED TO THE CITY FOR THE PERIOD OF ONE YEAR.
6. SURFACE WATER MANAGEMENT FEE IN THE AMOUNT
REQUIRED BY THE CITY AT THE TIME OF FINAL PLAT BE PAID
PRIOR TO RELEASING THE PLAT FOR RECORDING.
7. A SEALCOAT FEE IN THE AMOUNT TO BE DETERMINED BY THE
CITY ENGINEER BE PAID PRIOR TO RELEASING THE PLAT FOR
RECORDING.
8. A GRADING AND EROSION CONTROL PLAN BE APPROVED BY
THE CITY ENGINEER
9. ALL DISTURBED AREAS SHALL BE GRADED AND SEEDED.
10. ALL APPROPRIATE EASEMENTS SHALL BE SHOWN ON THE
PLAT.
11. ALL WELLS ON LOTS ABUTTING THE WEST BOUNDARY OF THE
PLAT BE LOCATED TO THE EAST AS FAR AS POSSIBLE.
12. PARK DEDICATION FEES IN THE AMOUNT REQUIRED BY THE
CITY AT THE TIME OF FINAL PLAT BE PAID PRIOR TO
RELEASING THE PLAT FOR RECORDING.
13. THAT OUTLOT B BE DEEDED TO THE ADJACENT PROPERTY
OWNER TO THE NORTH.
COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION
CARRIED 5-0.
6.2. Request by Pat/Lou Perd for Variance,Public Hearing—Case No.V 02-08—Appeal
Staff report submitted by Planner Chris Leeseberg. Mr. Leeseberg stated that the applicant is
requesting a variance to allow construction of a detached garage within the 35' front yard
setback on his corner lot,which has two front property lines. Mr. Leeseberg gave a brief
history of the variance request and discussed the five conditions that must be met in order
for Council to grant a variance.
Mayor Klinzing opened the public hearing. There being no one to speak to this issue,Mayor
Klinzing closed the public hearing.
RESOLUTION NO. 03 - 07
CITY OF ELK RIVER
A RESOLUTION GRANTING FINAL PLAT APPROVAL FOR:
Cascade Industrial Park
Case No. P 01- 20
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 November 19, 2001; 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:
1. It is hereby determined by the City Council for the City of Elk River as
follows:
A. The proposed subdivision is consistent with the Zoning Ordinance
and conforms with all of its requirements.
B. 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.
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 subdivision 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 subdivision will not cause substantial environmental
damage.
F. The proposed subdivision will not conflict with easements of record
or with easements established by judgment of a court.
G. The proposed subdivision 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 Tveite and
duly seconded by Council Member Dietz. The following voted in favor of
the Resolution.
Mayor Klinzing, Councilmembers Tveite, Dietz, Kuester and Motin
The following voted against the Resolution:
None
The following were absent:
None
SAPLANNING\RESOLUTI\P01-20.DOC Page 2
i
WHEREUPON the resolution is adopted.
Passed and adopted this day of . � 2003.
y►'1v�x \1/"
Steph ie Klinzing, M4,46r
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 /-.Ql o3 , 2003.
WITNESS my hid officially as such Clerk and the corporate seal of the
City this -2, / --4 day of ,- c� , 2003.
Sandra Peine, City Clerk
STATE OF MINNESOTA
SS.
COUNTY OF SHERBURNE
The foregoing instrument was acknowledged before me this;,� day of
CVS , 2003, by Stephanie Klinzing, Mayor, City of Elk River,
Minnesota
TINA M.ALLARD
NOTARY PUBLIC•MINNcSOTA
rt MYCOMMIMionExpirmjan,31.20ps Notary Public
i
STATE OF MINNESOTA
SS.
COUNTY OF SHERBURNE
__. The foregoing instrument was acknowledged before me this A 1" day of
2003, by Sandra Peine, City Clerk, City of Elk River, Minrrgsota.
OEM-
TINA M.ALLARD Notary Public
NOTARY PUBLIC•MINNESOTA
My Commission Expires Jan,31,2005
t
EXHIBIT A
LEGAL DESCRIPTION
The West 265 feet of the East 815 feet, as measured along the North line of the Southeast Quarter
of the Northeast Quarter; together with the South 66 fee-t of the North-2154--fleet of-the- East-55a
feet, as measured along the East and North lines respectively, of said Southeast Quarter of the
Northeast Quarter: together with the South 326 feet of the North 590 feet of the West 215 feet of
the East 550 feet. as measured along said East and North lines respectively, of said Southeast
Quarter of the Northeast Quarter; all in Section 13, Township 32, Range 26, Sherburne County,
Minnesota.
AND
That part of the Southeast Quarter of the Northeast Quarter of Section 13, Township 32. Range
26, Sherburne County, Minnesota !;ing Westerly of the East 815 feet of said Southeast Quarter
of the Northeast Quarter, as measured along the North line of said Southeast Quarter of the
Northeast Quarter.
AND
The South 33 feet, as measured ct right angles, of the East 550.feet, as measured along the North
line, of the Southeast Quarter of the Northeast Quarter of Section 13, Township 32, Range 26,
Sherburne County, Minnesota.
AND
The North 33 feet of the East 500 feet of the Northeast Quarter of the Southeast Quarter of
Section 13, Township 32. Range 26, Sherburne County, Minnesota.
AND
The North 330 feet of the West 550 feet of the Northeast Quarter of the Southeast Quarter of
Section 13, Township 32, Range 26, Sherburne County, Minnesota; together with that part of the
North 540 feet of said Northeast Quarter of the Southeast Quarter lying Easterly of the West 550
feet of said Northeast Quarter of the Southeast Quarter and lying Westerly of the East 540 feet of
said Northeast Quarter of the Southeast Quarter, together with the South 300 feet of the North
540 feet of the East 365 feet of said Northeast Quarter of the Southeast Ouarter; together with
that part of said Northeast Quarter of the Southeast Quarter lying Southerly of the North 540 feet
of said Northeast Quarter of the Southeast Quarter and lying Easterly of the West 550 feet of said
.Northeast Quarter of the Southeast Quarter which lies Northerly of a line which is 30.00 feet
Northerly of the following described line: Commencing at the Northeast corner of said Northeast
Quarter of the Southeast Quarter; thence South along the East line of said Northeast Quarter of
the Southeast Quarter a distance of 1220.36 feet to the point of beginning: thence westerly,
deflecting to the right 91 degrees 23 minutes 25 seconds, a distance of 753.01 feet to the East line
of the West 550 feet of said Northeast Quarter of the Southeast Quarter and there terminating.
Document2 Page 5
EXHIBIT B
Conditions:
1. A DEVELOPERS AGREEMENT OUTLINING THE TERMS AND CONDITIONS OF THE PLAT
APPROVAL AND INSTALLATION OF IMPROVEMENTS BE PREPARED AND EXECUTED
PRIOR TO RELEASING THE PLAT FOR RECORDING.
2. ALL COMMENTS OF THE CITY ENGINEER BE SHALL BE ADDRESSED.
3. STREET LIGHTS BE INSTALLED AS REQUIRED BY ELK RIVER UTILITIES
4. A LETTER OF CREDIT BE PROVIDED TO THE CITY IN THE AMOUNT OF 100% OF THE
COSTS OF THE PUBLIC IMPROVEMENTS.
5. UPON COMPLETING ALL OF THE IMPROVEMENTS AND HAVING THEM ACCEPTED BY
THE CITY, A WARRANTY BOND IN THE AMOUNT OF 25%OF THE IMPROVEMENT
COSTS SHALL BE SUBMITTED TO THE CITY FOR THE PERIOD OF ONE YEAR.
6. SURFACE WATER MANAGEMENT FEE IN THE AMOUNT REQUIRED BY THE CITY AT THE
TIME OF FINAL PLAT BE PAID PRIOR TO RELEASING THE PLAT FOR RECORDING.
7. A SEALCOAT FEE IN THE AMOUNT TO BE DETERMINED BY THE CITY ENGINEER BE PAID
PRIOR TO RELEASING THE PLAT FOR RECORDING.
8. A GRADING AND EROSION CONTROL PLAN BE APPROVED BY THE CITY ENGINEER
9. ALL DISTURBED AREAS SHALL BE GRADED AND SEEDED.
10. ALL APPROPRIATE EASEMENTS SHALL BE SHOWN ON THE PLAT.
11. ALL WELLS ON LOTS ABUTTING THE WEST BOUNDARY OF THE PLAT BE LOCATED TO
THE EAST AS FAR AS POSSIBLE.
12. PARK DEDICATION FEES IN THE AMOUNT REQUIRED BY THE CITY AT THE TIME OF
FINAL PLAT BE PAID PRIOR TO RELEASING THE PLAT FOR RECORDING.
13. THAT OUTLOT B BE DEEDED TO THE ADJACENT PROPERTY OWNER TO THE NORTH.
S:\PLANNING\RESOLUTI\P01-20.DOC Page 6