7.1. SR 08-20-2018Request for Action
To Item Number
Mayor and City Council 7.1
Agenda Section Meeting Date Prepared by
August 20, 2018 Chris Leeseberg, Senior Planner
Public Hearings
Item Description Reviewed by
Simple Plat: Dickenson Addition Zack Carlton, Planning Manager
Reviewed by
Cal Portner, City Administrator
Action Requested
Adopt, by motion, a resolution approving Final Plat of Dickenson Addition with the following
conditions:
1. Surface Water Management Impact Fee (urban) shall be paid for one (1) lot at the rate applicable
at the time the final plat is released for recording.
2. Park Dedication (low density) shall be paid for one (1) dwelling unit at the rate applicable when
the subdivision is released for recording.
3. The new parcel (Lot 1, Block 1) will be required to hook up to the city water system.
4. The existing septic system (Lot 2, Block 1) will be required to have a septic compliance inspection
and must be shown to be compliant.
5. An ingress/egress easement benefitting all parcels north along Troy St. must be filed prior to recording.
6. Any item or condition found indicating the site is likely to
yield information important to pre-history or history shall
immediately be reported to the city. Further, the city reserves
the right to stop work authorized in its approval until the site
is appropriately investigated and work is authorized.
Background/Discussion
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The property is located at the northwest corner of 185 Avenue and
Troy Street and is 15.48 acres in size. The proposed plat will consist of
two lots. Lot 2 will contain the existing house and will be 11.59 acres in
size. Lot 1 will be a new developable lot requiring Park Dedication and 1
th
acre in size. Access to the new parcel will be from 185 Avenue or the
private drive east of the parcel.
Troy Street runs along the east of the parcel and is considered a private
street. As part of the approval for this subdivision an ingress/egress
easement benefitting all parcels north along Troy Street must be filed
prior to recording the plat.
Parks and Recreation Commission
The Parks and Recreation Commission recommended Park
Dedication be paid for one (1) dwelling unit at the rate applicable
when the subdivision is released for recording.
The Elk River Vision
A welcoming community with revolutionary and spirited resourcefulness, exceptional
service, and community engagement that encourages and inspires prosperity
Applicable Regulation
Plat approval may only be ordered if the following findings have been made, as outlined in Section 30-375:
1. The proposed subdivision is consistent with the zoning regulations (article VI of this chapter) and conforms in all respects
with all requirements of this Code, including the zoning regulations and this article.
The property is zoned R1-b (single family residential) and the proposed subdivision is consistent with the
zoning regulations outlined in the city code and approved plans.
2. 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.
It does not conflict with any city, county, or regional plans, including the Comprehensive Plan.
3. 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 site is suitable for the existing and proposed residential structures.
4. The proposed subdivision makes adequate provision for water supply, storm drainage, sewage transportation, erosion control
and all other services, facilities and improvements otherwise required in this article.
The subdivision has adequate provision for all required facilities. The new parcel (Lot 1, Block 1) will be
required to hook up to the water system. The existing septic system (Lot 2, Block 1) will be required to
have a septic compliance inspection and must be shown to be compliant.
5. The proposed subdivision will not cause substantial environmental damage.
The proposal will not cause substantial environmental damage.
6. The proposed subdivision will not conflict with easements of record or with easements established by judgment of a court.
It will not conflict with easements of record or with easements established by judgment of a court.
7. The proposed subdivision will not have an undue and adverse impact on the reasonable development of neighboring land.
The proposed subdivision will be executed to improve the development potential of neighboring land
and will not have an undue and adverse impact.
8. The proposed subdivision is not premature. A subdivision is premature if any of the following exists:
a. Lack of adequate stormwater drainage.
b. Lack of adequate roads.
c. Lack of adequate sanitary sewer systems.
d. Lack of adequate off-site public improvements or support systems.
All of the above services or improvements will be connected or constructed as part of the development.
If denial of the plat should occur, it shall accompany recommendations or determinations by findings or a
report stating how the proposed use does not comply with the standards set forth in Section 30-375.
Attachments
Location Map
Lot Area Map
Final Plat
Resolution
Resolution 18-____
A Resolution of the City Council of the City of Elk River Granting Final Plat
Approval for Dickenson Addition, Case No. P 18-09
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
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 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.
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 two years from the date of this resolution if the
final plat is not recorded within that time.
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Passed and adopted this 20 day of August, 2018.
John J. Dietz, Mayor
ATTEST:
Tina Allard, City Clerk
EXHIBIT A
LEGAL DESCRIPTION
That part of the East Half of the Southeast Quarter of the Northwest Quarter of Section 31,
Township 33, Range 26, Sherburne County, Minnesota described as follows: Commencing at
a point on the Northerly right-of-way line of U.S. Highways 10 and 52 which is 142.00 feet
East when measured at right angles, of the West line of said East Half of Southeast Quarter
of Northwest Quarter, thence North parallel with the West line of said East Half of
Southeast Quarter of Northwest Quarter a distance of 600.00 feet to a point hereinafter
referred to as Point “A”; thence East at right angles a distance of 100.00 feet to a point
hereinafter referred to as point “B”; thence South parallel with the West line of said East
Half of Southeast Quarter of Northwest Quarter to an intersection with the North line of
said Highway, and the actual Point of Beginning of the tract to be described; thence return
North along the last described line to said point “B”; thence Westerly at right angles to the
West line of said East Half of Southeast Quarter of Northwest Quarter and running through
said point “A” to an intersection with the West line of said East Half of Southeast Quarter
of Northwest Quarter; thence North along said West line to the Northwest corner of said
East Half of Southeast Quarter of Northwest Quarter; thence East along the said North line
to Northeast corner of said East Half of Southeast Quarter of Northwest Quarter; thence
South along the said East line to a point that is 726.39 feet North of the Southeast corner of
said Southeast Quarter of Northwest Quarter; thence West at right angles a distance of
233.00 feet; thence South at right angles a distance of 500.00 feet; thence East at right angles
a distance of 233.00 feet to the East line of said East Half of Southeast Quarter of
Northwest Quarter, thence South along said East line to an intersection with the Northerly
right-of-way line of said U.S. Highways 10 and 52; thence Northwesterly along said right-of-
way line to the Point of Beginning.
EXHIBIT B
CONDITIONS OF APPROVAL
1. Surface Water Management Impact Fee (urban) shall be paid for one (1) lot at the rate
applicable at the time the final plat is released for recording.
2. Park Dedication (low density) shall be paid for one (1) dwelling unit at the rate applicable
when the subdivision is released for recording.
3. The new parcel (Lot 1, Block 1) will be required to hook up to the city water system.
4. The existing septic system (Lot 2, Block 1) will be required to have a septic compliance
inspection and must be shown to be compliant.
5. An ingress/egress easement benefitting all parcels north along Troy Street must be filed
prior to recording the plat.
6. Any item or condition found indicating the site is likely to yield information important to
pre-history or history shall immediately be reported to the city. Further, the city reserves
the right to stop work authorized in its approval until the site is appropriately investigated
and work is authorized.
City Council
12.59 acres in sizeEasementTroy Street Lot 1 (1 acre Lot 2 (11.59 acres –-private streeteligible park dedication)-existing house)
Background
Recommended park dedication be paid for one (1) dwelling unit
Parks and Recreation Commission
All 8 conditions appear to be satisfied
Applicable Regulations
Adopt, by motion, a resolution approving Dickenson Addition with the conditions outlined in the memothe Final Plat of
Action Requested