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7.2. SR 10-15-2018Request for Action To Item Number Mayor and City Council 7.2 Agenda Section Meeting Date Prepared by Public Hearings October 15, 2018 Zack Carlton, Planning Manager Item Description Reviewed by Simple Plat: Mississippi Oaks Development Corp, Chris Leeseberg, Senior Planner Outlot A, Mississippi Oaks Reviewed by Cal Portner, City Administrator Action Requested Adopt, by resolution, the final plat of Mississippi Oaks Fourth 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 developer portion of the Water Availability Charge (WAC) shall be paid for one (1) dwelling unit at the rate applicable when the subdivision is released for recording. 4. The parcel must connect to city services (sewer and water). 5. Variance Case No. V 18-08 shall be recorded at the same time the plat is recorded. Background/Discussion The property is located at the southwest corner of Mississippi Road and Fresno Street and is 0.56 acres in size. The applicant, Mississippi Oaks Development Corporation, is requesting to plat the existing outlot as a buildable lot. The parcel has included the entrance monument and associated landscaping for the subdivision since being platted in 1993. The developer has maintained the lot since platting and is looking to sell the parcel as a buildable, single-family lot. Zoning and Variances As part of the platting process, the applicant also applied for two variances – lot depth and rear yard setback. The Board of Adjustments reviewed both variances during their September 25, 2018, meeting and unanimously approved both requests. The parcel satisfies all other standards outlined in the zoning ordinance. During the public hearing for the variance, numerous residents expressed concerns regarding the entrance monument and noise resulting from construction. The entrance monument is not protected by any city ordinances or easements and could be removed The Elk River Vision A welcoming community with revolutionary and spirited resourcefulness, exceptional service, and community engagement that encourages and inspires prosperity by the current or future property owners. Platting the lot as a buildable parcel does not change this status. Construction hours are regulated by city ordinances. An appeal of the Board of Adjustment’s decision was not received within 10 days of the meeting, and the variance is approved. 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. 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 not consistent with the current design standards. However, the Board of Adjustments approved a variance (V 18-08) to allow platting a parcel below the minimum lot depth required in city ordinances. The variance must be recorded with the plat. 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. 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 neighboring land is fully developed and the proposed subdivision will not have an undue impact on future development in the area. 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. N:\\Public Bodies\\Agenda Packets\\10-15-2018\\Final\\7.2 sr MSP Oaks.docx 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. Financial Impact None Attachments  Location Map  Applicant’s Narrative  Final Plat of Mississippi Oaks Fourth Addition  Resolution  Lot Exhibit N:\\Public Bodies\\Agenda Packets\\10-15-2018\\Final\\7.2 sr MSP Oaks.docx The Outlot in Mississippi Oaks was created due to the necessity of aligning Fresno Street with the existing street on the north side of County Road 30. The developer did not own the land to the west. It was hoped, at the time, that the owner of the land to the west would be interested in developing and would be able to share the additional land and frontage along Fresno Street. The possibility of further subdivision is not available. The depth of the Outlot does not allow for an adequate building envelope using the front and rear setbacks appropriate for the existing zoning. A variance of the rear setback from the required 30 feet to 15 feet is requested to create a more viable building area. The land to the west is landscaped yard area and the variance will have little impact from a reduced rear setback for the Outlot. The area of the Outlot is slightly more than 0.5 acres. The reduced setback will also allow for construction of a home which is more compatible with the construction in the Mississippi Oaks development. Resolution 18-____ A Resolution of the City Council of the City of Elk River Granting Final Plat Approval for Mississippi Oaks Fourth Addition, Case No. P 18-13 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. th Passed and adopted this 15 day of October, 2018. John J. Dietz, Mayor ATTEST: Tina Allard, City Clerk EXHIBIT A LEGAL DESCRIPTION Outlot A, Mississippi Oaks, according to the recorded plat thereof, Sherburne County, Minnesota 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 developer portion of the Water Availability Charge (WAC) shall be paid for one (1) dwelling unit at the rate applicable when the subdivision is released for recording. 4. The parcel must connect to city services (sewer and water). 5. Variance case no. V 18-08 shall be recorded at the same time the plat is recorded.