7.2A. SR 06-03-2019City of
Elk -
River
Request for Action
To
Item Number
Mayor and City Council
7.2a
Agenda Section
Meeting Date
Prepared by
Public Hearings
June 3, 2019
Chris Leeseberg, Senior Planner
Item Description
Reviewed by
Mark and Lori Amborn, 13432 Meadowvale Road
Zack Carlton, Planning Manager
Simple Plat
Reviewed by
Cal Portner, City Administrator
Action Requested
Approve, by resolution, the final plat for Amborn Addition with the following conditions:
1. Park Dedication shall be paid for three (3) dwelling units at the rate applicable when the subdivision
is released for recording.
2. A 30 foot wide trail easement along the entire western property line of the plat shall be recorded.
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.
Background/Discussion
The subject property is located near the southeast corner of
Meadowvale Road and Lander Street (Figure 1) and is 22.78 acres in
size. The subject property is zoned R1 -a with minimum lot sizes of 2
1/z acres and 160 foot widths.
The proposed plat creates three new developable lots (four total)
ranging in sizes from 4.00 — 8.35 acres. The plat meets the dimensional
requirements for the zoning district.
Parks and Recreation Commission
The Parks and Recreation Commission recommended park dedication
be paid for 3 dwelling units at the rate applicable when the subdivision
is released for recording and to support the City Council requiring a 30
foot wide trail easement along the entire western property lines of the
subject properties. The applicant had concerns with the trail easement,
as they believed the city was taking their land without being
compensated for it and the likelihood of a trail in the neighborhood was
unlikely.
Wetland and Easements
Wetland and easements encumber a significant portion of the site.
The applicant is also applying for an easement vacation (EV 19-01) Figure i
to reduce the size of some of the existing easements.
The Elk River Vision
A welcoming community with revolutionary and spirited resourcefulness, exceptional
service, and community engagement that encourages and inspires prosperity
CR 12
/69
P a W I R E a 0
m'A f URE
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 property is zoned R1 -a (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 specialised 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. Easements will be established to
ensure driveways and residential structures are protected from possible impacts.
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.
Easements around existing wetlands are included on the plat to protect wetlands in accordance with city
ordinances. 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.
A number of easements will be vacated prior to recording the plat, and will be re-recorded with the
immediate filing of the Amborn Addition plat. 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
■ Final Plat
■ Resolution
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Amborn Properties
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City of
Elk
River
City of Elk River
City Council
Resolution 19-
A Resolution of the City Council of the City of Elk River Granting Final Plat
Approval for Amborn Addition, Case No. P 18-15
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 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.
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 3rd day of June 2019.
John J. Dietz, Mayor
ATTEST:
Tina Allard, City Clerk
i
EXHIBIT A
LEGAL DESCRIPTION
The South 800.00 feet of the North 1120.00 feet of the East 815.00 feet of the West Half of
the Southwest Quarter of Section 20, Township 33, Range 26, Sherburne County,
Minnesota.
i
EXHIBIT B
CONDITIONS OF APPROVAL
1. Park Dedication shall be paid for three (3) dwelling units at the rate applicable when the
subdivision is released for recording.
2. A 30 foot wide trail easement along the entire western property line of the plat shall be
recorded.
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.
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Amborn Properties
Simple Plat Case No: P 18-15 Fiver
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Background
■ 22.78 acres
■ Zoned R1
■ 2 1/ acres
■ 16 0' width
■ 3 developable parcels (4 total)
■ Meets dimensional requirements
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Parks and Recreation Commission
■ Recommended cash dedication for 3 dwelling units
■ Support 30' trail easement along west side
■ As shown on master plan
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Action Requested - Plat
■ Approve, by resolution, the final plat for Amborn Addition with
the three conditions
Easement Vacation
■ Proposing to reduce size of easements
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Action Requested - EV
■ Adopt, by motion, a resolution to vacate portions of a drainage
and utility easement with the two conditions
Action Requested
■ pct on EV
■ Act on Plat
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