7.1 SR 07-01-2024The Elk River Vision
A welcoming community with revolutionary and spirited resourcefulness, exceptional service, and community
engagement that encourages and inspires prosperity
Request for Action
To
City Council
Item Number
7.1
Meeting Date
July 1, 2024
Prepared By
Zack Carlton, Community Development Director
Item Description
Plat: Briggs Estates, 10528 175th Ave NW - Pat
Briggs Resolution 24-36
Reviewed by
Zack Carlton
Cal Portner
Tina Allard
Action Requested
Adopt, by motion, Resolution 24-36 approving the plat of Briggs Estates, subject to the following conditions:
1. Park dedication shall be paid for one dwelling unit at the rate applicable when the subdivision is
released for recording (currently $3,065.73/lot).
2. The wetland boundaries shown on the plat shall be updated to reflect the approved wetland
boundaries as determined by the Technical Evaluation Panel.
3. A 45-foot drainage and utility easement shall be added around all wetlands, reflecting the required
setbacks outlined in Sec. 30-1852.
Background/Discussion
The applicant, Patrick Briggs, has requested approval of an administrative subdivision. The subject site is 6.8
acres and is located within the urban service district within the FAST, Subzone D, zoning district, where the
minimum lot size is 11,000 square feet. The plat splits the existing lot into two buildable parcels and dedicates
right-of-way for 175th Ave NW. Lot 2 includes the existing home and garage, and Lot 1 remains an
undeveloped buildable parcel.
Park Dedication
The Park and Recreation Commission reviewed the plat for park dedication requirements on June 12, 2024.
They recommend a cash dedication for one buildable lot. Park Dedication is paid when new lots are created,
only one dwelling unit/parcel is required.
Applicable Regulations
City ordinance Sec. 30–375 outlines the required findings for approval of a plat.
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 subdivision makes all required accommodations for right-of-way dedication and meets the design
standards for new, buildable lots within the zoning district. The applicant notes the shed in the rear of the
property has been removed, and does not impact the proposed subdivision boundary. The proposal does not
include additional development of either parcel at this time, but future improvements will require city review
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and approval.
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 subdivision is consistent with all applicable plans, including the city's Comprehensive Plan which guides
the site for Mixed Residential uses.
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 uses permitted under the
zoning district. Additional accommodations will need to ensure the existing wetlands will not be impacted, but
future development will be reviewed in accordance with these standards.
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.
One additional lot will not have a notable impact on city infrastructure. The existing home is currently
connected to city utilities, and development on the new parcel will require a connection to city sewer and
water.
5. The proposed subdivision will not cause substantial environmental damage.
The wetland boundaries have been reviewed by the city and our environmental consultants in accordance
with state requirements. Approval of the delineation may require updates to the boundaries shown on the
plat. These changes are noted as a condition of approval.
6. The proposed subdivision will not conflict with easements of record or with easements established by the judgment of
a court.
The proposed subdivision will not conflict with easements of record or with easements established by the
judgment of a court.
7. The proposed subdivision will not have an undue and adverse impact on the reasonable development of neighboring
land.
Surrounding properties are developed as single-family parcels, but the ordinance does allow an increase in
density compared to the current development patterns. The proposed subdivision will not impact the
reasonable development of neighboring properties.
8. The proposed subdivision is not premature. A subdivision is premature if any of the following exists:
Lack of adequate stormwater drainage.
Lack of adequate roads.
Lack of adequate sanitary sewer systems.
Lack of adequate off-site public improvements or support systems.
The proposed subdivision is not premature and has the potential to accommodate future development
anticipated under the city's comprehensive plan.
Financial Impact
None
Mission/Policy/Goal
Support the growth and development of the community.
Attachments
1. Location Map
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2. Plat Document
3. Plat Resolution
4. Presentation
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Lot 1Block 1175th Avenue NWLot 2Δ
ΔSherburne County, MNVICINITY MAPSec. 2, Twp. 32, Rng. 262SITEPage 53 of 99
City of Elk River
City Council
Resolution 24-____
A Resolution of the City Council of the City of Elk River Granting Final Plat
Approval for Briggs Estates, Case No. P 24-05
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.
A. 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.
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1. Final plat approval is hereby granted for the Property.
2. 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.
3. 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.
4. 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 1st day of July 2024.
John J. Dietz, Mayor
ATTEST:
Tina Allard, City Clerk
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EXHIBIT A
LEGAL DESCRIPTION
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EXHIBIT B
CONDITIONS OF APPROVAL
1. Park dedication shall be paid for one dwelling unit at the rate applicable when the
subdivision is released for recording (currently $3,065.73/lot).
2.The wetland boundaries shown on the plat shall be updated to reflect the approved
wetland boundaries as determined by the Technical Evaluation Panel.
3.A 45-foot drainage and utility easement shall be added around all wetlands, reflecting the
required setbacks outlined in Sec. 30-1852.
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Planning Commission
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Background
§Requesting approval of an administrative subdivision
§Zoned FAST (d)
§6.8 acres
§11,000 sq.ft. min lot size
§2 buildable lots
§Lot 1 undeveloped ~6 acres
§Lot 2 existing house ~1.25 acres
§Right-of-way dedicated
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Park Dedication
§Recommended cash for one parcel
§Paid at time of recording
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Applicable Regulations
§Staff analysis shows all 8 regulations are met for
approval of the administrative subdivision
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Action Requested
§Adopt, by motion, Resolution 24-36 approving the plat
of Briggs Estates
§Subject to the 3 conditions outlined in the memo
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