Loading...
7.3. SR 10-02-2017City of Elk az — River Request for Action To Item Number Mayor and City Council 7.3 Agenda Section Meeting Date Prepared by Public Hearinj October 2, 2017 Zack Carlton, Planning Manager Item Description Reviewed by Right-of-way Easement Vacation (190th Ave) and Chris Leeseberg, Senior Planner Simple Plat of Island View Sixth Addition — Tim Reviewed by Smith Cal Portner, City Administrator Action Requested Adopt, by resolution, the simple plat of Island View Sixth Addition with the following conditions: 1. The address for lot 1, block 1, will be updated to reflect access to Island View Drive. 2. The driveway for lot 1, block 1, must be installed per the conditions stated in the approval of the wetland setback variance (V 17-07) by May 31, 2018. 3. Amend the plat to center the cul-de-sac on the current right-of-way for 190th Ave NW. 4. Add utility easements to the satisfaction of Centerpoint Energy 5. Address all staff comments from the October 2, 2017, site plan meeting. Adopt, by resolution, the vacation of the right-of-way for 190th Ave NW within the proposed plat of Island View Sixth Addition, with the following conditions: 1. The resolution vacating the right-of-way must be recorded with the plat of Island View Sixth Addition 2. Update the plat of Island View Sixth Addition to include utility easements over the north half of the right-of-way for 190th Ave to preserve access to the existing utilities. Background/Discussion Case Nos. P 17-19 and EV 17-04 The applicant, Tim Smith, is requesting a vacation of the right-of-way for 190th Ave NW and approval of a plat which incorporates four parcels and the vacated right-of-way to create two buildable lots. The requests are the result of a condition, stated in previous land use approvals, to construct an extension of 190th Ave in the right-of-way that is being requested for vacation. The condition read that when lot 2, block 1, of the proposed plat is developed, the unbuilt segment of 190th Ave NW must be constructed. The City Council discussed this condition during a work sessions on July 3, 2017, and July 17, 2017, and determined that, based on the existing configuration of the lots and previous approvals, the roadway needed to be constructed. Since the work session, staff and the applicant have been working together on alternatives to the extension of 190th Ave. The current proposal includes acquisition of two parcels in order to address the frontage and access requirements. The Elk River Vision A avelcoming community avith revolutionary and spirited resourcefulness, exceptional p Q w E H E U e T service, and community engagement that encourages and inspires prosperity ,� g /� Plat The plat includes two buildable lots and the right-of-way for a cul-de-sac at the end of 190th Ave NW. Lot 1 includes the applicant's current residence and will address the non -conforming status of the lot as the current lot does not have frontage/access to a public street. The plat establishes frontage on Island View Drive for this lot, but a variance is required for the driveway in order to address wetland setback concerns. The Board of Adjustments approved the variance on September 26, 2017. The second buildable lot will have access to the cul-de-sac at the end of 190th Ave NW. The cul-de-sac is not required to be constructed by the applicant, but will be included as part of a future road improvement project. Easement Vacation The right-of-way for 190th Ave NW was dedicated with the plat of Island View Second addition in 1972. At that time the unimproved segment of right-of-way was not required to be constructed until development occurred along the segment. Parcel lines in the area have been adjusted and moved since then, but the requirement to construct the remaining segment of 190th Ave was included with those approvals. The vacation request is accompanied by the plat of Island View Sixth Addition which moves property lines and removes the need for a roadway extension providing access to parcels east of the current terminus. As the right-of-way is no longer needed for access to the buildable parcels, staff supports the vacation of the right-of-way. Utilities Staff received information from Centerpoint Energy noting the presence of buried gas lines beneath the right-of-way for 190th Ave NW. They are comfortable with approving the right -of -ay vacation provided a new utility easement is dedicated with the plat of Island View Sixth Addition. The applicant is also working with Centerpoint on a concerns regarding second gas service line within the plat. Satisfaction of the concerns noted by Centerpoint Energy is a requirement of approval. Financial Impact None Attachments ■ Location Map ■ Applicant's Narrative ■ Resolution vacating ROW for 190th Ave NW ■ Plat of Island View Sixth Addition ■ Resolution approving Plat N:\Public Bodies\Agenda Packets\10-02-2017\Final\7.3 sr Tim Smith plat and EV.docx Tim Smith Case No: V 17-07 Variance and Street Vacation EV 17-04 Ek - Riven 8/26/2017 We wish to have the city vacate the remaining undeveloped portion of 19011 Ave. For the last 18 years this road has been used solely as a driveway. The neighbors in the immediate area have voiced concerns and are not in favor of a road being constructed as they feel that it will take away from the overall look and serenity of the area. With the variance approved to construct a driveway to the South this road would only service one house. By installing the road, it would have immediate and direct impact on the wetlands to the South, and would also destroy the look of the surrounding area. The road can ultimately go nowhere since it is surrounded by wetlands on 2 sides and houses on the V side. Therefore, the extension would only service one house. The road had originally been slated to service an additional 4 houses, on % acre lots, to the East of its present location. However, the road was never constructed and the lots have since been combined into 1 lot. The city's ordinance has since changed and %: acre lots are no longer permitted. Tim and Mickie Smith 13329 1901h Ave NW Elk River, MN 55330 Justen and Leezza Hemmelgarn 13349 19011 Ave NW Elk River, MN 55330 City of Elk *�� River Resolution 17- A Resolution of the City Council of the City of Elk River Approving a Petition to Vacate a Portion of the 190th Avenue NW Right -of -Way WHEREAS, An application has been made by all adjacent property owners to vacate that portion of the 190th Avenue right-of-way described in Exhibit A, attached hereto; and WHEREAS, An application has been made for approval of the plat of Island View Sixth Addition, attached as Exhibit B; and WHEREAS, An plat of Island View Sixth Addition was approved by the Elk River City Council on October 2, 2017; and WHEREAS, Vacation of the right-of-way is appropriate as the parcels established with the approved plat of Island View Sixth Addition do not require the described right-of-way for access to a public street; and WHEREAS, A public hearing was held on October 2, 2017, before the City Council of the City of Elk River on the application to vacate the right-of-way after published and posted notice had been given, and all persons interested were given an opportunity to be heard at the public hearing. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Elk River, Minnesota, as follows: 1. That portion of the 190"' Avenue Public right-of-way described in exhibit A, attached here to, is vacated; and 2. The city intends to convey all city interests in the easements described in Exhibit A to the adjacent property owners. Passed and adopted this 2nd day of October, 2017. John J. Dietz, Mayor ATTEST: Tina Allard, City Clerk P O w E R E U 9 1 AUR Exhibit A Z o$ 2N Na z ° LLUl 0 F. = V o m lAj W0 0 �] _ y Z m Q U P O • 0 Q W ama . Z > Z. 10 dw=Z i Wo0 o ui 0< ya9 m a Fm H oz W •m^ m ��z< ti n x LL W,�---— —L --- Z 0 (_) O1 It : q Z U U O (� E 65 Ci W <( 00 Oi ••_ O o p ° ° MW I Z () ;FNM Ln ou�to c� o �i p o C N O �? y I _ v aw a c- 00,99 — c p 00'99 \ ° � v c a«o�. ° 1� -icoJ C) a m a`� F O Of 2 So O S� x j M'N 7dOf S o��rN � � nrrraor = -� � m at- oWz��oos Io:s >°.o.m o 0 P®w€R10 8Y NATUREI Exhibit B I Z� z J o �Q r H � R 00 0)C "a be o L U) LL Uhl _ .memo I \ k�. I \ 5 orl 3B�iF -a $ tal qig��@ R°%`:"""o dal 19409 x ' F \\9\ \ g \ staB7 'Bwa4B.,n i nmasr eor� g� i 9tl�$a @1$�� '-_ Spy ( \\ � •\ •i.\ g z.11—a`u rNn i� w 01u ,�i�«u«r r�nx., w,o.—__. i of y�i � •1 �q�2,\ x,99yr.iax„ ;�X I \ \ QRS V:��M .n one tl+$Ygltiw`°i°ayrc..w:C���.�\txwu'tlP�'.91rcm�ro C'ffi a All b e F 0 w I R 1 0 11 maA URF I N uj uj Lo 62 LL uj uj o Ul — � of — � � E g 21 Pt 41 ol _ x �t _ Q ct 2 OD N ttm-a - = �� = ��� w _ -6 E- _- W -Ug W C3 VI M u fE > W LL V; U-Ht— zE 2E I R �k Z � a 6n6sno s Nil �, s gr W N � • � at , N .«.z s� 3.zz,ztao _� s � �__ - - C� R �k s gr FTnk: �UM`� �__ - - C� \ •�•6M1M N a6v3w,IlOs 3xl SI 31L� SY3 -'� \ •\, II C\ Fsk I -\ I HA� �1O _ ' .ten ,sYSN,ros nN ,o `��iwt" s� \�\ ti`,J � ✓ �`J� a$�a � r6a'°N: `nu'0o atwn� ��a \ S ��� ,' eiti'*•�a'�`:� �3���nr at—�L- &�t /� \ \\ si �- � � ]°x g � 8 � "�< •a NONo� o,n,s�nos �N»a i�1v .a �e€ ooa3.osai AVA – ao :,a,srmros m ao zn waox m ao HOm� svawnos m � vt x,ros m ao wt waox— �� (ets,.ao s ` a i , x , --_- r. a �oti� = C � '� .•�Op„ oo'xst�_ j \ k � R6 �l �{e �,-� '"4��'�0� sgA; .,oLm ao�' `�,�>• Wms��wm i'aioaio xi \ ��o I City of Elk *�� River Resolution 17- A Resolution of the City Council of the City of Elk River Granting Final Plat Approval for Island View Sixth Addition Case No. P 17-19 WHEREAS, application has been made for final plat approval, pursuant to Section 30-391 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 proposed final plat complies with each of the conditions set forth by the City Council in its approval of the plat of the Property. NOW, THEREFORE, BE IT RESOLVED It is hereby determined by the City Council for the City of Elk River as follows: A. The proposed subdivision is consistent with the Chapter of 30 of the City Code of Ordinances 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 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. P O w E R E U 9 1 AUR 2. 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. 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. This final plat approval shall expire two years from the date of this resolution if the final plat is not recorded within that time. Passed and adopted this 2nd day of October, 2017. John J. Dietz, Mayor ATTEST: Tina Allard, City Clerk P O W E R E D 0 Y AUR EXHIBIT A LEGAL DESCRIPTION KNOW ALL PERSONS BY 'THESE PRESENTS: That Timothy A. Smith and Michelle M. Smith, husband and wife, fee owners of the following described property situated in the County of Sherburne, State of Minnesota, to wit: That port of the North Hoff of the Southeast Quarter of the Southwest Quarter, and that port of the North Half of the Southwest Quarter, lying South of the centerline of Sherburne County Highway Number 35, in Section 29, Township 33, flange 26, Sherburne County, Minnesota described as follows: Cornmencinq at the Southwest comer of the East 450 feet of said North Half of the Southeast Quarter of the Southwest Quarter; thence North t degree 31 minutes 58 seconds East, assumed bearing, along the West tine of the East 450 feet of said North Half of Southeast Quarter of Southwest Quarter a distance of 525.43 feet; thence Southwesterly deflecting 121 degrees 28 minutes 54 seconds left, bearing South 60 degrees 03 minutes 04 seconds West, a distance of 490.19 feet to the actual point of beginning; thence on a bearing of West, a distance of 216.93 feet; thence South 5 degrees 45 minutes 33 seconds East, a distance of 287.70 feet to the Northeast corner of Lot 3, Block 1, island View Second Addition, a duly recorded plat; thence Easterly along the South fine of said North Hoff of the Southeast Quarter of the Southwest Quarter and the North line of said Island View Second Addition to the Northeast corner of Lot 1, Block 7, island View Second Addition; thence North 17 degrees 57 minutes 51 seconds West, o distance of 298.02 feet to the point of beginning. and Outlot A and OuVot C. ISLAND VIEW SECOND ADDITION, Sherburne County, Minnesota and Outlot 8, ISLAND VIEW SECOND ADDITION, excepting therefrom that part of Outlot 8 described as beginning at the northwest corner thereof; thence South 30 degrees 06 minutes 30 seconds West along that part of the west line of said Outlot 6 also being the east line of Oak Lane (now known as Joplin Street) as laid out in said plat far 427.45 feet to the northwest corner of Lot 1, Block 4, said plot; thence North 74 degrees 18 minutes 30 seconds East song the north line of Lot 1 for 150.00 feet to the northeast corner thereof; thence North 65 degrees 56 minutes 58 seconds East for 143.63 feet, more or less, to on angle point in the northeasterly line of said Outlot 8, thence North 3 degrees 06 minutes 30 seconds East along part of said northeasterly line for 777.95 feet to another angle point in said northeasterly line, thence South 74 degrees 18 minutes 30 seconds West along a part of said northeasterly fine for 116.32 feet to another angle point in said northeasterly line; thence North 3 degrees 06 minutes 30 seconds East along part of said northeasterly fine for 183.27 feet to the northwest corner of Outlot A of said plat; thence South 89 degrees 27 minutes 25 seconds West along the north line of said Outlot B for 150.00 feet to the point of beginning, and and Justen P. Hemmelgarn and Leezo Hemmelgarn, husband and wife, fee owners of the following described property situated in the County of Sherburne, State of Minnesota, to wit: Lots 1, 2, 3, and 4. Block 1, ISLAND VIEW SECOND ADDITION, Sherburne County, Minnesota. F 0 W I R I D 0 AUR EXHIBIT B CONDITIONS OF APPROVAL 1. The address for lot 1, block 1, will be updated to reflect access to Island View Drive. 2. The driveway for lot 1, block 1, must be installed per the conditions stated in the approval of the wetland setback variance (V 17-07) by May 31, 2018. 3. Amend the plat to center the cul-de-sac on the current right-of-way for 190th Ave NW POWERED 0Y AUR