7.2. SR 04-15-2019 ��i
Eof
lk — - Request for Action
River
To Item Number
Mayor and City Council 7.2
Agenda Section Meeting Date Prepared by
Public Hearinj Aril 15, 2019 Zack Carlton,Planning Manger
Item Description Reviewed by
Simple Plat: Ondracek Addition Chris Leeseber , Senior Planner
Reviewed by
Cal Portner, City Administrator
Action Requested
Approve,by resolution,the final plat for Ondracek Addition with the following conditions:
1. Prior to recording the final plat,the existing detached structures on Lots 1 and 2,Block 1,
Illustrup Addition must be removed.
2. Prior to recording the final plat,the applicant must purchase the portion of Oudot D,Twin
Lakes Estates Second Addition,within the proposed Oudot A from the city for a cost of$1,000.
Approve,by resolution, conveyance of a portion of Oudot D,
Twin Lakes Estates Second Addition.
Background/Discussion _.
The applicant has requested approval of a simple plat to create J
one buildable lot and three outlots. The properties included in
the subdivision request are located at 18863 Twin Lakes Road - .*
NW, see figure 1, and include two lots owned by the applicant ( r
cis
and one oudot owned by the city.
rr �
The City Council previously discussed conveyance of a portion 2
of the city owned lot on October 15, 2018, and supported �s
selling the portion abutting those parcels owned by the RR
applicant.
Plat CR i�
The proposed plat takes the three existing lots,two buildable r
and one oudot, and creates one buildable lot which will include _
the existing home with access to Twin Lakes Road, and three
oudots.
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Oudot A would be owned by the applicant and includes a tiny
portion of the city-owned oudot to be purchased from the X0'69
city, an approximately 15-foot by 425-foot segment between
the applicant's property and Tyler Street. Sale of the property
to the applicant would facilitate future single-family Figure i
The Elk River Vision
A avelcoming community with revolutionary and spirited resourcefulness, exceptional P U W E H E o s r
service, and community engagement that encourages and inspires prosperity /` UR
development along Tyler Street as without the transfer outlot A would not have access to a public street.
The city will retain ownership of the remaining two outlots.
Applicable Regulation
Plat approval may only be ordered if the following findings have been made,as outlined in Section 30-375:
7. The proposed subdivision is consistent with the honing regulations (article VI of this chapter) and conforms in all respects
with all requirements of this Code, including the honing regulations and this article.
The two parcels owned by the applicant are zoned R-1c and the city owned lot is zoned PUD.The buildable
lot and outlot A will continue be zoned R-1c,the city lots will continue to be zoned PUD.The minimum lot
sizes are met for the buildable lot,but the accessory structures currently located on Lots 1 and 2,Block 1,
Ilstrup Addition will need to be removed as they would be located on oudot A under the new plat.
Accessory structures may not be located on a property without a principal use,home, and it will need to
be removed. All other standards of the ordinance are satisfied.
2. The proposed subdivision is consistent with all applicable general and specialised city, county, and regional plans, including
but not limited to, the city's comprehensive development plan.
The proposed subdivision does not conflict with any city, county, or regional plans,including the
Comprehensive Plan. The subdivision sets up future residential development opportunities,which is
supported by city plans.
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 proposed subdivision is suitable for the existing home and supports future residential development.
4. The proposed subdivision makes adequate provision for water supply, storm drainage, seavage transportation, erosion control
and all other services,facilities and improvements otherwise required in this article.
The proposed subdivision has adequate provision for all required facilities.
5. The proposed subdivision will not cause substantial environmental damage.
The proposed subdivision 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.
The proposed subdivision will not conflict with easements of record or with easements established by
judgment of a court. The existing easements on the city owned lot will remain in place, and will not interfere
with future development proposals.
7. The proposed subdivision will not have an undue and adverse impact on the reasonable development of neighboring land.
The proposed subdivision will not have an undue impact on future development in the area as it is setting up
future development opportunities consistent with adjacent land uses.
8. The proposed subdivision is notpremature.A subdivision 1.spremature 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\04-15-2019\Final\7.2 sr Ondracek Addition.docx
No new buildable lots are proposed,but the site will support future development. The proposed subdivision
is not premature.
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.
Public Comments
Since mailing the public notices staff has received three calls regarding the proposed subdivision. The
residents were looking for clarification on the proposal, but no specific concerns were stated.
Financial Impact
The city and the applicant agreed to a sale price of$1,000.00 for the portion of city owned land being
purchased by the applicant.
Attachments
■ Location Map
■ Plat of Ondracek Addition
■ Resolution approving the Final Plat
■ Resolution approving conveyance of city property
■ Quit Claim Deeds
N:\Public Bodies\Agenda Packets\04-15-2019\Final\7.2 sr Ondracek Addition.docx
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City of
Elk City of Elk River
Wver City Council
Resolution 19-
A Resolution of the City Council of the City of Elk River Granting Final Plat
Approval for Ondracek Addition,
Case No. P 19-02
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 by the City Council of the City of Elk
River,Minnesota, 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 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 NATUREJ
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.
Passed and adopted this 15I day of April 2019.
John J. Dietz,Mayor
ATTEST:
Tina Allard, City NATUREI
EXHIBIT A
LEGAL DESCRIPTION
Lots 1 and 2,Block 1,ILSTRUP ADDITION, Sherburne County,Minnesota
and
Outlot D,TWIN LAKES ESTATES SECOND ADDITION, Sherburne County,
NATUREJ
EXHIBIT B
CONDITIONS OF APPROVAL
1. Prior to recording the final plat, the existing detached structures on Lots 1 and 2,Block 1,
Illustrup Addition must be removed.
2. Prior to recording the final plat, the applicant must purchase the portion of Oudot D,
Twin Lakes Estates Second Addition,within the proposed Outlot A from the city for a
cost of NATUREJ
City of
Elk City of Elk River
Wver City Council
Resolution 19-
A Resolution of the City Council of the City of Elk River Approving
Conveyance of Certain Real Property
WHEREAS, the City is the fee owner of Oudot D,Twin Lakes Second Addition,
Sherburne County,Minnesota, according to the recorded plat thereof("City Property");
WHEREAS, Priscilla Ondracek ("Developer") has applied for approval of the Ondracek
Plat that includes the City Property and property owned by Developer legally described as
Lots 1 and 2,Block 1, Estrup's Addition, Sherburne County,Minnesota, according to the
recorded plat thereof("Developer Property");
WHEREAS, to provide the Ondracek development with buildable lots with street
frontage, the Developer has requested conveyance of that portion of the City Property
immediately abutting that portion of Developer's Property and Tyler Street ("Subject
Property"),which property will be platted as a portion of Outlot A of Ondracek Addition;
WHEREAS, the City agrees to convey Outlot A, Ondracek Addition,which includes the
Subject Property to the Developer by quit claim deed immediately following recording of
the plat in accordance with the terms of this Resolution;
WHEREAS, pursuant to Minnesota Statutes 462.356, subdivision 2, the City Council finds
that the proposed conveyance of the Property to the Owner has no relationship to the City's
Comprehensive Plan;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Elk
River,Minnesota, as follows: (i) That the City Council finds that conveyance of the
Property has no relationship to the comprehensive municipal plan; (ii) The conveyance of
Outlot A, Ondracek Addition to the Developer by quit claim deed is hereby approved and
the Mayor and City Clerk are authorized to execute a quit claim deed for the property and
any and all other documents necessary to convey the property to the Developer at the time
of recording of the Ondracek plat, conditioned upon (a) the Developer paying a purchase
price of$1,000.00; (b) Developer paying all costs related to the transaction and the
recording of the Ondracek plat; (c) Developer conveying Outlots B and C of the Ondracek
plat to the City by warranty deed to the City to clear title to the remaining City Property as a
result of the recording of the plat.
Passed and adopted this day of NATUREJ
John J. Dietz,Mayor
ATTEST:
Tina Allard, City NATUREI
(Reserved for Recording Data)
QUIT CLAIM DEED
STATE DEED TAX DUE HEREON: $ 1.65
Dated: 2019.
FOR VALUABLE CONSIDERATION, the CITY OF ELK RIVER, a Minnesota municipal
corporation, Grantor, hereby conveys and quitclaims to PRISCILLA R. ONDRACEK, widowed,
not remarried, Grantee, real property in Sherburne County, Minnesota, legally described as
follows:
Outlot A and Lot 1, Block 1, Ondracek Addition, Sherburne County, Minnesota,
according to the recorded plat thereof
THE GRANTOR CERTIFIES THAT THE GRANTOR DOES NOT KNOW OF ANY WELLS ON THE
DESCRIBED REAL PROPERTY.
The consideration for this transfer is less than $500.00.
CITY OF ELK RIVER
BY:
John J. Dietz, Mayor
AND:
Tina Allard, City Clerk
1
2016241
STATE OF MINNESOTA )
)ss.
COUNTY OF SHERBURNE )
The foregoing instrument was acknowledged before me this day of
, 2019, by John J. Dietz and Tina Allard, respectively the Mayor and City Clerk of
the City of Elk River, a Minnesota municipal corporation, on behalf of the corporation and
pursuant to the authority granted by its City Council.
Notary Public
Tax Statements for the real property
described in this instrument should be sent to:
Priscilla R. Ondracek
DRAFTED BY:
CAMPBELL KNUTSON, P.A.
Grand Oak Office Center I
860 Blue Gentian Road, Suite 290
Eagan, Minnesota 55121
Telephone: 651-452-5000
AMP/smt
2016241 2
(Reserved for Recording Data)
QUIT CLAIM DEED
STATE DEED TAX DUE HEREON: $ 1.65
Dated: 2019.
FOR VALUABLE CONSIDERATION, PRISCILLA R. ONDRACEK, widowed, not
remarried Grantor, hereby conveys and quitclaims to the CITY OF ELK RIVER, a Minnesota
municipal corporation, Grantee, real property in Sherburne County, Minnesota, legally described
as follows:
Outlots B and C, Ondracek Addition, Sherburne County, Minnesota, according to
the recorded plat thereof
THE GRANTOR CERTIFIES THAT THE GRANTOR DOES NOT KNOW OF ANY WELLS ON THE
DESCRIBED REAL PROPERTY.
The consideration for this transfer is less than $500.00.
GRANTOR:
Priscilla R. Ondracek
1
201633v1
STATE OF MINNESOTA )
)ss.
COUNTY OF SHERBURNE )
The foregoing instrument was acknowledged before me this day of
2019, by Priscilla R. Ondracek,widowed, not remarried.
Notary Public
Tax Statements for the real property
described in this instrument should be sent to:
City of Elk River
13065 Orono Parkway
Elk River, MN 55330
DRAFTED BY:
CAMPBELL KNUTSON, P.A.
Grand Oak Office Center I
860 Blue Gentian Road, Suite 290
Eagan, Minnesota 55121
Telephone: 651-452-5000
AMP/smt
2
201633v1