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7.6 SR 07-17-2023It ci Elk *- 0 River Request for Action To Item Number Mayor and City Council 7.6 Agenda Section Meeting Date Prepared by Public Hearings I July17, 2023 Zack Carlton, Community Development Director Item Description Reviewed by Simple Plat: Jackson Street Apartments Chris Leeseber , Senior Planner Reviewed by Cal Portner, City Administrator Action Requested Adopt, by motion, a resolution approving the final plat of Jackson Street Apartments with the following conditions: 1. Right-of-way shall be dedicated for 6`'' Steet NW, consistent with the existing easement document. 2. The plat shall be updated to convey all standard perimeter drainage and utility easements. The plat will not be released for recording until all conditions for case file CU 22-17, the PUD review for the Jackson Street Apartments, have been satisfied. Background/Discussion The applicant requests a simple plat seeking to split one existing lot into three buildable lots in support of their planned apartment project. The apartment project was reviewed last year, and the City Council approved the Conditional Use Permit (CU 22-17) to create the Planned Unit Development (PUD) on October 17, 2022. The plans show three 44-unit apartment buildings with the associated parking and stormwater ponds. The plat is consistent with the previous approvals, but staff has recommended dedicating the right-of-way for the north half of 6`' Figure I Street NW, which is the access to the Boys and Girls Club. There is an existing 60-foot easement for utility and roadway purposes in this area, but the plat should dedicate the right-of- way Applicable Regulations City ordinance section 30-375 outlines the required findings for approval of a Plat. The proposed subdivision is consistent nrith the honing regulations (article V1 of this chapter) and conforms in all respects nrith all requirements of this Code, including the honing regulations and this article. The proposed subdivision is consistent with the approved PUD project and will be developed in accordance with those standards. Lot size and dimensions meet the ordinance requirements. The Elk River Vision P I I E I E U I Y A welcoming community with revolutionary and spirited resourcefulness, exceptional [NATURE] service, and community engagement that encourages and inspires prosperity. Updated. August 2020 2. The proposed subdivision is consistent nrith all applicable general and speciali.Zed city, county, and regional plans, including but not limited to, the city's comprehensive development plan. The subdivision is consistent with all applicable 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 soils present on the site pose a significant challenge to development. The developer has worked with a geo technical company to evaluate the suitability for development, and they have prepared a mitigation plan for the site. Any future development of the site will need to comply with all requirements of the mitigation plan, state and local building codes, and the requirements outlined in the PUD approval for CU 22-17. Provided the project is developed, inspected, and approved in accordance with plans prepared by a licensed professional, 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, sen age transportation, erosion control and all other services, facilities and improvements otherwise required in this article. The subdivision includes infrastructure to meet city requirements. Stormwater, dewatering from construction, and possible ongoing water mitigation measures will not be permitted to discharge into the city's storm water infrastructure beyond what is currently permitted under the ordinance. The buildings will connect to city services and will not negatively impact public services or facilities. 5. The proposed subdivision will not cause substantial environmental damage. Although trees may be removed, the subdivision will not cause substantial environmental damage. The site has gone through a wetland review and there are no wetlands present on the site. 6. The proposed subdivision will not conflict nvith 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. 7. The proposed subdivision will not have an undue and adverse impact on the reasonable development of neighboring land. The surrounding properties are developed, 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 server 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 ■ Opportunity to live, work, and play ■ Support the growth and development of the residential community Attachments ■ Location Map ■ Final Plat ■ Resolution ■ Site Plans ' v v L rr. � Z ••c d d 0 �oN anua�b 1IOH in c"n IsaN+4uoN M L L N CL .�` O z a cd U �sann 1_ Nan Hand 6uin�j Q W©I - i r ill' Mimi. i O lV �_ Ada -a• E - V m ht a:sammoeoeeos` C 2 _p� I [8a I m I roas 3 ,�;Ps•PB s �x III a BI aa$ $ e a /� � H m��mm �. J �j a�c � 4F�b��,s � �•ao I � � E cc Ou m ow a: w gg I I �8 E a-- 93 .T o ,I as 99a Ai 9� is S� a,���•4PSc�� 8�g�495� �g 8 a � 3<• � L � g-$_� a �5 �2AW 1G9 B s 3t 9 o h u as � E ka� a" a:•_ A a � � a:E a a � a 3'Aaq gg u as tBz g� E 8 ae� a.. �y.. A'.a�a9b5y„`'Sk;"a Q Eat � 3 y"'��i9• € � $ � � €- a— a5�a9: aa• es.k5.,9B ���, s � � � � 5� � � � $ � b a A 3 g $ $da.^_ .; 3 a a:$_ ad S€a _9 9k� •c^ Ra33-a•-• T �.a City of Elk -�.-1 River City of Elk River City Council Resolution 23- A Resolution of the City Council of the City of Elk River Granting Final Plat Approval for Jackson Street Apartments, Case No. P 23-06 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: A. The proposed subdivision is consistent with Chapter 30 of the City Code of Ordinances and conforms with all 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. i 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 17Ih day of July 2023. John J. Dietz, Mayor ATTEST: Tina Allard, City Clerk i EXHIBIT A LEGAL DESCRIPTION That part of the following described parcel lying North of the Westerly extension of the centerline of 6th Street (formerly platted as 8th Street) as dedicated in the plat of Burrell's Addition, Sherburne County, Minnesota: That part of the Southwest Quarter of the Northwest Quarter of Section 34, Township 33, Range 26, Sherburne County, Minnesota, described as commencing at the point of intersection of the centerline of Jackson Avenue (formerly known as State Trunk Highway No. 201 and "Old Highway No. 169") with the South line of said Southwest Quarter of the Northwest Quarter; thence West along said South line for 200.00 feet; thence North parallel with said centerline of 285. 70 feet to a point to be hereafter known as Point "A" for the purposes of this description; thence East parallel with said South line of the Southwest Quarter of the Northwest Quarter for 150.00 feet to intersect with the West line of the right of way of said Jackson Avenue, being a line 50.00 feet, as measured at right angles, West of and parallel with said centerline, said point of intersection also being the actual point of beginning of the land to be hereby described; thence return west parallel with said South line of the Southwest Quarter of the Northwest Quarter for 150.00 feet to said Point "A"; thence North parallel with said centerline for 14.30 feet, more or less, to intersect the North line of the South 300.00 feet, as measured at right angles of said Southwest Quarter of the Northwest Quarter; thence West along said North line of the South 300.00 feet for 200.01 feet, more or less, to intersect a line 400.00 feet West of, as measured at right angles to said centerline of Jackson Avenue; thence North parallel with said centerline for 1039. 77 feet, more or less, to intersect the North line of said Southwest Quarter of the Northwest Quarter; thence East along said North line for 350.03 feet, more or less, to intersect said West line of the right of way of Jackson Avenue; thence South along said West line of the right of way for 1056.71 feet, more or less, to the point of beginning, according to the United States Government Survey thereof and situate in Sherburne County, Minnesota. EXHIBIT B CONDITIONS OF APPROVAL 1. Right-of-way shall be dedicated for 61h Steet NW, consistent with the existing easement document. 2. The plat shall be updated to convey all standard perimeter drainage and utility easements. 3. The plat will not be released for recording until all conditions for case file CU 22-17, the PUD review for the Jackson Street Apartments, have been satisfied. ���g � � ��uaz z�z S31NddA00 S001dO 3H1 s a R �� M3N3asNo� �i=ie NVId ),inn v mis �sNo :aOj V10S3NNIA 'a301b >13 9 U sA3a ZSL S1N3W1HVdV S�1IH N0S713Vf FA G — — — — — — — — — — A — — — — — — — — — — — — — — — w c 5TH Fo U �z pis ao ioloa m I�� ex m o� ar+Ase i aAeA Nc as I w¢ oa '^x `s'mm 8az �s.z�s.ALLS/UNIr 46 GARAGE STALLS 54 SURFACE Si ALLS moo �mm i - 0. 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