7.2b SR 07-18-2022Request for Action
To Item Number
Mayor and City Council 7.2b
Agenda Section Meeting Date Prepared by
Public Hearings July 18, 2022 Chris Leeseberg, Senior Planner
Item Description Reviewed by
Final Plat: Jabez Third Addition Zack Carlton, Community Development Director
Reviewed by
Cal Portner, City Administrator
Action Requested
Adopt, by motion, a resolution approving the Final Plat of Jabez Third Addition with the condition that park
dedication shall be paid at the rate applicable prior to releasing the plat for recording.
Background/Discussion
Case No. P 22-09
The applicant is requesting a Final Plat in support of their Conditional
Use Permit (Case No. CU 22-14) request near the northwest
st
intersection of 171 Avenue and Ulysses Street. The 2-acre parcel is
currently platted as Outlot A of Jabez, and the proposed plat will
create one buildable lot to support the proposed commercial oil
change facility. The parcel must be platted prior to issuance of any
building permits.
Applicable Regulations
City ordinance section 30-375 outlines the required findings for
approval.
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 Focused Area Study (E) and is
consistent with original preliminary plat with no increase of
the number of lots.
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.
The property will be consistent with all applicable plans.
The Elk River Vision
A welcoming community with revolutionary and spirited resourcefulness, exceptional
service, and community engagement that encourages and inspires prosperity.
Updated: August 2020
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 physical characteristics of the site are suitable for the type and density of development and uses
contemplated.
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 will include infrastructure to meet city requirements. Additional permits required to
comply with erosion control standards are required and will be secured prior to building permit issuance.
5. The proposed subdivision will not cause substantial environmental damage.
Although there will be site grading, the 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.
While there is a sanitary sewer easement (Doc. No. 388856) passing through the middle of the parcel, the
proposed subdivision 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.
There are a few vacant parcels in the area which are guided for similar uses. The proposed subdivision will
not impact reasonable development of neighboring land.
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.
The subdivision is not premature as the above conditions have been provided for.
Financial Impact
None
Mission/Policy/Goal
Meet changing needs - Agile
Work with citizens to achieve goals
Attachments
Resolution Granting Final Plat Approval
City of Elk River
City Council
Resolution 22-____
A Resolution of the City Council of the City of Elk River Granting Final Plat
Approval for Jabez Third Addition, Case No. P 22-09
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, a final plat of the Property was approved by the City Council on July 18,
2022.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Elk
River, Minnesota, as follows:
1. The City Council makes the following findings of fact:
A. The proposed subdivision is consistent with 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 18 day of July 2022.
John J. Dietz, Mayor
ATTEST:
Tina Allard, City Clerk
EXHIBIT A
LEGAL DESCRIPTION
Outlot A, Jabez, Sherburne County, MN.
EXHIBIT B
CONDITIONS OF APPROVAL
1. Park dedication shall be paid at the rate applicable prior to releasing the plat for
recording.