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7.1 SR 04-21-2025The Elk River Vision A welcoming community with revolutionary and spirited resourcefulness, exceptional service, and community engagement that encourages and inspires prosperity [ITEM_HEAD] Request for Action To City Council Item Number 7.1 Meeting Date April 21, 2025 Prepared By Zack Carlton, Community Development Director Item Description Resolution 25-16: Plat of Elk Hills Second Addition, 841 Line Ave, All Day Companies Reviewed by Cal Portner Tina Allard Action Requested Approve, by motion, the preliminary plat of Elk Hills Second Addition, subject to the following conditions: 1. The wetland boundary is to be updated upon receiving formal approval of the delineated boundary. The boundary shown on the plat must reflect the TEP approval. 2. Any development of Lot 2 will require connection to city utilities. 3. The street name along the west lot line must be updated to Line Avenue. Adopt, by motion, Resolution 25-16 approving the final plat of Elk Hills Second addition, subject to the condition that Park Dedication shall be paid for one lot at the applicable rate when the plat is released for recording. Background/Discussion The property is zoned Single Family Residential (R1c) with minimum lot sizes of 10 acres for lots that do not have access to utilities, and 11,000 sf for lots with access. The applicant has requested approval of a preliminary and final plat to subdivide the 40-acre lot into two parcels. Lot 1 will be 29.54 acres, and Lot 2 will be 9.77 acres. The plat also dedicates right-of-way for Line Avenue, expanding the street right-of-way to the standard of 60 feet. Both parcels have direct access to Line Avenue. The southern parcel, lot 2, is within 300 feet of trunk water and sewer service, and any future development of the property will require a utility connection. Lot 1 does not have access to utilities. Planning Commission The Planning Commission held a public hearing on March 25, 2025. A handful of residents spoke during the hearing and asked questions regarding the proposed use of the lots. Staff noted that the most intense use allowed without additional permitting or review from the City Council is single-family uses. The plat would allow two new single-family homes. More intense uses, like schools, religious uses, or multifamily uses, would require a public hearing, and all residents within 500 feet would be notified. The Planning Commission unanimously recommended approval of the preliminary plat of Elk Hills Second Addition. Page 120 of 197 Financial Impact None Mission/Policy/Goal Support the growth and development of the community. Attachments 1. Planning Commission Staff Report 03-25-2025 2. RES 25-16 Elk Hills 2nd Final Plat Resolution 3. Elk Hills 2nd Final Plat Page 121 of 197 The 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 Planning Commission Item Number 6.1 Meeting Date March 25, 2025 Prepared By Zack Carlton, Community Development Director Item Description Preliminary Plat: Elk Hills Second Addition, 841 Line Avenue, All Day Companies on behalf of the applicant Reviewed by Chris Leeseberg Action Requested Recommend, by motion, approval of the preliminary plat of Elk Hills Second Addition subject to the following conditions: 1. The wetland boundary is to be updated upon receiving formal approval of the delineated boundary. 2. Any development of Lot 2 will require connection to city utilities. Background/Discussion The property is zoned Single Family Residential (R1c) with minimum lot sizes of 10-acres for lots that do not have access to utilities, and 11,000 SF for lots with access. The applicant has requested approval of a preliminary and final plat to subdivide a 40-acre property into two parcels. Lot 1 will be 29.54 acres and Lot 2 will be 9.77 acres. The plat also dedicates right-of-way for Auburn Drive, expanding the street right-of-way to the standard of 60 feet. Both parcels have direct access to Auburn Drive. The correct street name will be Line Avenue, not Auburn Drive as shown. The southern parcel, lot 2, is within 300 feet of trunk water and sewer service and any future development of the property will require a utility connection. Lot 1 does not have access to utilities. Applicable Regulations City ordinance section 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 proposed subdivision is consistent with all zoning regulations. When reviewing the design standards based on access to utilities, lot size and lot width meet the ordinance requirements. Page 122 of 197 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. 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 existing wetlands on the property have been delineated but are still under review. Final approval of the wetland boundary does need to wait until the growing season. Once the boundaries have been verified, the plat will need to be updated to follow the approved delineation. The remainder of the site is generally suited for development. 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 lots within the proposed subdivision have access to a city street, and lot 2 is within 300 feet of public utilities. Any development of the southern parcel will require connection to city services, at the developers' expense. 5. The proposed subdivision will not cause substantial environmental damage. Once the wetland boundaries have been approved, the city's wetland setback and buffer ordinance will limit negative impacts to the natural features. The subdivision will not cause substantial environmental damage. 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. The properties around this subdivision are generally developed, but the land to the east could see redevelopment of the existing uses. This subdivision will not adversely impact the development potential of the surrounding properties. 8. The proposed subdivision is not premature. A subdivision is premature if any of the following exists: 1. Lack of adequate stormwater drainage. 2. Lack of adequate roads. 3. Lack of adequate sanitary sewer systems. 4. 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 Page 123 of 197 Mission/Policy/Goal Support the growth and development of the community. Responsibly grow. Attachments 1. Location Map 2. Elk Hills Second Addition Preliminary Plat 3. Elk Hills Second Addition Final Plat Page 124 of 197 Page 125 of 197 NW CORNER SEC. 35, T33N, R26WSHERBURNE COUNTY CAST IRONRLS 15223RLS 20595RLS 20595RLS 20595RLS 21753NO. 4 REBARNO. 4 REBARNO. 4 REBARNO. 4 REBARELK HILLS SECOND ADDITIONLEGAL DESCRIPTIONLEGENDSURVEYOR NOTESSITEPage 126 of 197 NW CORNER SEC. 35, T33N, R26WSHERBURNE COUNTY CAST IRONRLS 15223RLS 20595RLS 20595RLS 20595RLS 21753NO. 4 REBARNO. 4 REBARNO. 4 REBARNO. 4 REBARELK HILLS SECOND ADDITION30.00City Council, City of Corcoran, MinnesotaThis plat of ELK HILLS SECOND ADDITION was approved and accepted by the City Council of the City of Elk River, Minnesota at a regularmeeting thereof held this________day of _______________________, 20_____, and said plat is in compliance with the provisions of MinnesotaStatutes, Section 505.03, Subd. 2.City Council, City of Corcoran, Minnesotaby_________________________________, Mayorby_________________________________, ClerkCOUNTY AUDITOR, Shurburne County, MinnesotaI hereby certify that taxes payable in 20___ and prior years have been paid for land described on this plat, dated this_____ dayof_____________________, 20____.______________, County Auditor by___________________________________DeputySURVEY DIVISION, Shurburne County, MinnesotaPursuant to MN. STAT. Sec. 383B.565 (1969), this plat has been approved this ______day of ___________________________, 20____._______________, County Surveyor by___________________________________COUNTY RECORDER, Shurburne County, MinnesotaI hereby certify that the within plat of ELK HILLS SECOND ADDITION was recorded in this office this____day of_______________________, 20____ at ____________ o'clock ___.M._______________, County Recorder by___________________________________DeputyKNOW ALL PERSONS BY THESE PRESENTS: That _____________________________________, owners, of the following described property::NW 1/4 OF THE NW 1/4 OF SECTION 35, TOWNSHIP 33 NORTH, RANGE 26 WEST, SHERBURNE COUNTY, MINNESOTA.Have caused the same to be surveyed and platted as ELK HILLS SECOND ADDITION and do hereby dedicate to the public for public use the streetof AUBURNE DRIVE as created by this plat.In witness whereof said ____________________________________, have hereunto set their hands this _____day of_____________________,20____.STATE OF MINNESOTACOUNTY OF _________________This instrument was acknowledged before me on ______________________________ by _______________________________.__________________________________Notary Public Signature__________________________________Notary Printed Name_______________County, MinnesotaMy Commission Expires___________________I Michael A. Stang do hereby certify that this plat was prepared by me or under my direct supervision; that I am a duly Licensed Land Surveyor inthe State of Minnesota; that this plat is a correct representation of the boundary survey; that all mathematical data and labels are correctly designatedon this plat; that all monuments depicted on this plat have been, or will be correctly set within one year; that all water boundaries and wetlands, asdefined in Minnesota Statutes, Section 505.01, Subd. 3, as of the date of this certificate are shown and labeled on this plat; and all public ways areshown and labeled on this plat.Dated this__________ day of _______________________, 20____._____________________________________________Michael A. Stang, Licensed Land SurveyorMinnesota License No. 52591STATE OF MINNESOTACOUNTY OF _________________This instrument was acknowledged before me on ______________________________ by Michael A. Stang__________________________________Notary Public Signature__________________________________Notary Printed Name_______________County, MinnesotaMy Commission Expires___________________Page 127 of 197 Resolution 25-16 A Resolution of the City of Elk River Granting Final Plat Approval for Elk Hills Second Addition Case No. P 25-06 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,a preliminary plat of the Property was approved by the City Council on April 21, 2025; and WHEREAS,the proposed final plat is consistent with the preliminary plat as approved by the City Council; and WHEREAS,the proposed final plat complies with each of the conditions set forth by the City Council in its approval of the preliminary plat of the Property. NOW, THEREFORE, BE IT RESOLVED 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. Page 128 of 197 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. Passed and adopted this 21st day of April 2025. John J. Dietz, Mayor ATTEST: Tina Allard, City Clerk Page 129 of 197 EXHIBIT A LEGAL DESCRIPTION NW 1/4 OF THE NW 1/4 OF SECTION 35, TOWNSHIP 33 NORTH, RANGE 26 WEST, SHERBURNE COUNTY, MINNESOTA Page 130 of 197 EXHIBIT B CONDITIONS OF APPROVAL 1.Park dedication shall be paid for one lot at the rate applicable when the plat is released for recording. Page 131 of 197 AUBURNE DRIVE NW CORNER SEC. 35, T33N, R26WSHERBURNE COUNTY CAST IRONRLS 15223RLS 20595RLS 20595RLS 20595RLS 21753NO. 4 REBARNO. 4 REBARNO. 4 REBARNO. 4 REBARELK HILLS SECOND ADDITION DEDICATION OF AUBURNE DRIVE30.00City Council, City of Corcoran, MinnesotaThis plat of ELK HILLS SECOND ADDITION was approved and accepted by the City Council of the City of Elk River, Minnesota at a regularmeeting thereof held this________day of _______________________, 20_____, and said plat is in compliance with the provisions of MinnesotaStatutes, Section 505.03, Subd. 2.City Council, City of Corcoran, Minnesotaby_________________________________, Mayorby_________________________________, ClerkCOUNTY AUDITOR, Shurburne County, MinnesotaI hereby certify that taxes payable in 20___ and prior years have been paid for land described on this plat, dated this_____ dayof_____________________, 20____.______________, County Auditor by___________________________________DeputySURVEY DIVISION, Shurburne County, MinnesotaPursuant to MN. STAT. Sec. 383B.565 (1969), this plat has been approved this ______day of ___________________________, 20____._______________, County Surveyor by___________________________________COUNTY RECORDER, Shurburne County, MinnesotaI hereby certify that the within plat of ELK HILLS SECOND ADDITION was recorded in this office this____day of_______________________, 20____ at ____________ o'clock ___.M._______________, County Recorderby___________________________________DeputyKNOW ALL PERSONS BY THESE PRESENTS: That _____________________________________, owners, of the following described property::NW 1/4 OF THE NW 1/4 OF SECTION 35, TOWNSHIP 33 NORTH, RANGE 26 WEST, SHERBURNE COUNTY, MINNESOTA.Have caused the same to be surveyed and platted as ELK HILLS SECOND ADDITION and do hereby dedicate to the public for public use the streetof AUBURNE DRIVE as created by this plat.In witness whereof said ____________________________________, have hereunto set their hands this _____day of_____________________,20____. STATE OF MINNESOTACOUNTY OF _________________This instrument was acknowledged before me on ______________________________ by _______________________________.__________________________________Notary Public Signature__________________________________Notary Printed Name_______________County, MinnesotaMy Commission Expires___________________I Michael A. Stang do hereby certify that this plat was prepared by me or under my direct supervision; that I am a duly Licensed Land Surveyor inthe State of Minnesota; that this plat is a correct representation of the boundary survey; that all mathematical data and labels are correctly designatedon this plat; that all monuments depicted on this plat have been, or will be correctly set within one year; that all water boundaries and wetlands, asdefined in Minnesota Statutes, Section 505.01, Subd. 3, as of the date of this certificate are shown and labeled on this plat; and all public ways areshown and labeled on this plat.Dated this__________ day of _______________________, 20____._____________________________________________Michael A. Stang, Licensed Land SurveyorMinnesota License No. 52591STATE OF MINNESOTACOUNTY OF _________________This instrument was acknowledged before me on ______________________________ by Michael A. Stang__________________________________Notary Public Signature__________________________________Notary Printed Name_______________County, MinnesotaMy Commission Expires___________________Page 132 of 197