7.1B. SR 05-20-2019 ��i
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lk — - Request for Action
River
To Item Number
Mayor and City Council 7.1b
Agenda Section Meeting Date Prepared by
Public Hearings May 20, 2019 Chris Leeseberg, Senior Planner
Item Description Reviewed by
Jorgenson Homes, Inc.,Final Plat of Lawatsch Zack Carlton,Planning Manager
Farms, Case No. P 19-06 Reviewed by
Cal Portner, City Administrator
Action Requested
Adopt,by motion, a resolution approving the Final Plat of Lawatsch Farms with the following
conditions:
1. Park Dedication (low density) shall be paid for nine dwelling units at the rate applicable when the
subdivision is released for recording.
2. Development Plan shall be approved by the city engineer prior to issuance of building permits.
3. 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.
4. The transfer of adjacent property for future use as city right-of-way must be completed prior to
recording of the final plat.
5. The barn on the south-east corner of the property must be removed prior to recording the final plat.
Adopt,by motion,a resolution designating certain property as right-of-way for Pascal Street,Troy Street,
and 189"'Avenue.
Background/Discussion
The preliminary plat was approved on May 20, 2019, for 10
buildable parcels. The final plat is consistent with the preliminary
plat and staff recommends approval.
A strip of land paralleling Pascal Street, 189"'Avenue, and a portion
of Tory Street (Parcel A) will be given to the city for Right-of-Way
purposes. Parcel A will be declared dedicated for Right of Way and " CR 33
open to the public via resolution.
Financial Impact
None RR
Statutory Review Period
Per State Statute,the required 120-day review period ends on July CR 12 rl
24, 2019.
The Elk River Vision \�9
A avelcoming community with revolutionary and spirited resourcefulness, excel w T
service, and community engagement that encourages and inspires prosperity
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Figure I ;
Attachments
■ Final Plat of Lawatsch Farms
■ Property Exhibit (Parcel A)
■ Resolution granting Final Plat Approval
■ Resolution declaring Right-of-Way
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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 Lawatsch Farms, Case No. P 19-06
WHEREAS, application has been made for final plat approval,pursuant to Section 30-374
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: hcrc t(� cciitcr tcxt.
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 NATUREJ
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 201h day of May 2019.
John J. Dietz,Mayor
ATTEST:
Tina Allard, City NATUREI
EXHIBIT A
LEGAL DESCRIPTION
That part of the South Half of the Southeast Quarter (S1/2-SE1/4) of Section Thirty (30),
Township Thirty-three (33), Range Twenty-six (26) in Sherburne County, Minnesota,
described as follows:
Beginning at the center of said SEI/4 and running thence Southeasterly to a point on the
North line of Riverside Drive (in the 5th Plat of Camp Cozy) 40 feet East from its
intersection with the north and south 1/16 line running through said SEI/4; thence along
the northerly line of said Riverside Drive in a Northwesterly direction to its intersection
with the West line of said SEI/4; thence North on the west line of said SEI/4 to the
Northwest corner of the SWI/4 of SEI/4; thence East to the point of beginning.
R'�0WIR10 NATUREJ
EXHIBIT B
CONDITIONS OF APPROVAL
1. Park Dedication (low density) shall be paid for 9 dwelling units at the rate applicable
when the subdivision is released for recording.
2. Development Plan shall be approved by the city engineer prior to issuance of building
permits.
3. 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.
4. The transfer of right-of-way to the city will need to be completed prior to recording of
the final plat.
5. The barn on the south-east corner of the property must be removed prior to recording
the final NATUREJ
Oty of
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��.ver
Resolution 19-
A Resolution Declaring Certain Property as Dedicated for Right of Way and Open
to the Public
WHEREAS, as a condition of the final plat for Lawatsch Farms addition ("Plat"),Jorgenson
Homes,Inc. ("Developer") will convey to the City property abutting the final plat so that all of the
properties have access to a public street; and
WHEREAS, Developer has deeded ("Deed")to the City of Elk River the property legally
described in Exhibit A attached hereto, as depicted in Exhibit B attached hereto ("Parcel A"); and
WHEREAS, the City desires to declare Parcel A as open for travel with each portion of Parcel A
accruing to existing rights of way that Parcel A abuts.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Elk River,
Minnesota, as follows:
1. The City Council hereby declares that Parcel A is open to the public for travel as
right of way effective upon the recording of the Plat and Deed, and that Parcel A shall accrue to the
following existing rights of way to the extent that Parcel A abuts the right of way:
Troy Street Northwest
1891h Avenue Northwest
Pascal Street Northwest
Passed and adopted this 20th day of May,2019.
John J. Dietz,Mayor
ATTEST:
Tina Allard, City Clerk
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EXHIBIT A
Legal Description of Parcel A
That part of the South Half of the Southeast Quarter of Section 30, Township 33, Range 26,
Sherburne County,Minnesota, described as follows:
Beginning at the Northeast corner of the Southwest Quarter of the Southeast Quarter of said
Section 30; thence North 89 degrees 32 minutes 14 seconds West, assumed bearing along the North
line of said Southwest Quarter of the Southeast Quarter, a distance of 13.90 feet; thence South 00
degrees 21 minutes 28 seconds East, a distance of 734.44 feet; thence South 88 degrees 40 minutes
34 seconds West, a distance of 231.41 feet; thence North 85 degrees 40 minutes 40 seconds West, a
distance of 181.60 feet; thence North 89 degrees 19 minutes 51 seconds West, a distance of 264.58
feet; thence North 05 degrees 22 minutes 24 seconds West, a distance of 124.36 feet; thence North
67 degrees 22 minutes 53 seconds West, a distance of 113.68 feet; thence North 18 degrees 28
minutes 31 seconds West, a distance of 163.46 feet; thence North 36 degrees 58 minutes 57 seconds
West, a distance of 177.26 feet; thence North 71 degrees 27 minutes 44 seconds West, a distance of
406.02 feet to the intersection with the West line of said Southwest Quarter of the Southeast
Quarter; thence Southerly, along said West line of the Southwest Quarter of the Southeast Quarter,
to the intersection with the Northerly line of Riverside Drive as dedicated in THE FIFTH PLAT
OF CAMP COZY, said Sherburne County; thence Southeasterly and Easterly, along said Northerly
line of Riverside Drive, to a point on said Northerly line of Riverside Drive distant 40.00 feet East
of the point of intersection of said Northerly line of Riverside Drive with the East line of said
Southwest Quarter of the Southeast Quarter; thence Northerly, to the point of beginning.
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EXHIBIT B
Depiction of Parcel A
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