6.7. SR 02-20-2007
City of Elk River
REQUEST FOR Cit Coun
Agenda Section
Communi Develo ment
eil ACTION
Meeting Date
February 20, 2007
Item Number
6.7 a and b
Prepared by
Sheila Cartney, Senior Planner
Reviewed by
Item Description
Easement vacation and final plat of Mississippi Ridge 3rd
Addition
Location
Mississippi Ridge 2nd on Yale Court west of Highway 10
Introduction
The applicant is requesting to re-plat Lots 1-3, Block 1, Mississippi Ridge 2nd Addition. Lot 1 will be
removing the "limited access" along 171 st Avenue, Lots 2 and 3 will be combined, all to have a legal
description in Mississippi Ridge 3rd. Easement vacations are necessary to combine the two lots.
Attachments
· Request for Action
· Location Map
· Memo from City Engineer
· Resolution approving Easement
· Resolution approving plat
Action Reauested
Staff is recommending the City Council approve of the request with the conditions as outlined.
City Council Action
Motion by _
Second by _
Vote
Follow Up
Case File: EV07-02,
Page 2
location: Lots 1-3 Mississippi Ridge 2nd
Zoning:
PUD
land Use:
Highway Business
Adjacent
Zoning:
N - PUD
E-C3
S-C3
W-C3
Adjacent
land Use:
N - Highway Business
E - Highway Business
S - Highway Business
W - Highway Business
Site Area: 3.2 acres
Conforms: Land Use Plan - Yes
Zoning Code - Yes
Subdivision Code - Yes
60 Day Rule: Action must be taken on this request by April 7, 2007
Overview
At the January 16, 2007 City Council meeting, the Council approved a CUP for Super America, as
part of that request an access on 171 st Avenue was supported. The applicant is requesting a re-plat of
Lot 1, Block 1 Mississippi Ridge 2nd to remove the restricted access and an easement vacation for
Lots 2 and 3, Block 1, Mississippi Ridge 2nd in order to combine Lots 2 and 3 Mississippi Ridge 2nd
into one lot.
Analysis
Final Plat
Lot 1, Block 1, Mississippi Ridge 2nd has restricted access along 171 st Avenue, in order to allow the
access change a re-plat is necessary. Super America intends to use 171st Avenue as a right out
access.
Easement Vacation
Lots 2 and 3, Block 1, Mississippi Ridge 2nd are proposed to be combined into one lot for the
Greater Minnesota Credit Union. As part of this process a vacation of the existing drainage and
utility easement on the common property line was requested. There are no utilities in this easement
and regular drainage and utility easements will be on the new lot. The utility easement for trunk
sewer and water lines will remain in place and are not part of this vacation request.
S:\PLANNING\Case Files\2007\Plat\Mississippi Ridge 3rd\CC report.doc
Case File: EV07-02,
Page 3
Proposed Lot 1, Block 1, Mississippi Ridge 3rd will be 1.2 acres (Super America), proposed Lot 2,
Block 1, Mississippi Ridge 3rd will be 2 acres (Greater MN Credit Union).
Recommendation
Based on Council direction Staff recommends that the City Council approve of the request to re-plat
Mississippi Ridge 2nd Addition into 2 lots and to vacate the common property line easement, as
indicated on the plans dated received February 6, 2007, with the following conditions:
1. All comments of the City Engineer's memo shall be addressed dated February 8,
2007.
2. All required subdivision/park information shall be provided in an electronic format
(.pdffile) as required by the City Ordinance and Land Use Application prior to
recording of the plat.
Respectfully Submitted
Sheila Cartney
Senior Planner
S:\PLANNING\Case Files\2007\Plat\Mississippi Ridge 3rd\CC report.doc
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Case Number: OA 07-03, AS 07-02 & EV 07-02
MISSISSIPPI RIDGE
MEMORANDUM
TO: Jeremy Barnhart, Planning Manager
Terry Maurer, City Engineer ~
FROM:
DATE: February 8, 2007
SUBJECT: Mississippi Ridge rd Addition
File #226-147P
Lots 1 - 3 of Mississippi Ridge 2nd Addition are being replatted as Mississippi Ridge 3rd
Addition. The two reasons for this replat are the driveway that has been permitted for Super
America on the 171 st Avenue frontage of Lot 1, Block 1 requires the removal of the limited
access designation that was part of Mississippi Ridge 2nd Addition. The other reason for the
replat is the Greater Minnesota Credit Union has purchased Lots 2 and 3, and proposes to
construct a facility on both of these lots. Therefore, they are being combined into one lot,
which will be known as Lot 2, Block 1 Mississippi Ridge 3rd Addition.
In addition to replatting the two lots to eliminate the lot line between them, a request has
been put forward to vacate the lot line drainage and utility easements. Because of the
combining of these lots for the purposes of building a banking facility, we would
recommend approval of the easement vacation. We would also recommend approval of
Mississippi Ridge 3rd Addition.
If you have any questions or need additional information regarding this issue, please contact
me.
S:\PLANNlNG\Case Files\2007\Plat\MississippiRidge 3rd\07 08 07 Engr's memo.doc
RESOLUTION 07 -
RESOLUTION FOR THE CITY OF ELK RIVER
A RESOLUTION FOR VACATING A DRAINAGE AND UTILITY EASEMENT
Case No. EV 07-02
WHEREAS, the applicant has requested the City Council in a petition dated January 29,
2007 to vacate such easements according to law; and,
WHEREAS, a public hearing was held on February 20, 2007, before the City Council at
the Elk River City Hall on such petition after due published and posted
notice had been given as well as personal notice to affected property owners
on February 9, 2007 and all persons interested were given an opportunity to
be heard; and,
WHEREAS, it appears that it will be in the best interest of the City to approve such
petition.
NOW, THEREFORE, BE IT RESOLVED that such petition is hereby granted and
the drainage and utility easement described as follows is hereby vacated:
Exhibit A
Adopted by the Elk River City Council this 20th day of February, 2007.
ATTEST:
Stephanie Klinzing, Mayor
Tina Allard, City Clerk
EXHIBIT A
Page 1
PROPOSED VACATION DESCRIPTION
Mississippi Ridge 2nd Addition
A 10.00 foot strip ofland known as the existing drainage and utility easement lying 5.00 feet
on each side of the common lot line between Lot 2 and Lot 3, Block 1, MISSISSIPPI
RIDGE SECOND ADDITION, Sherburne County, Minnesota, according to the recorded
plat thereof.
Said strip of land is as shown on said plat, and is not intended to include a portion of any
previously dedicated drainage and utility easements per the recorded plat of MISSISSIPPI
RIDGE, said County.
EXHIBIT A
Page 2
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RESOLUTION NO. 07-
CITY OF ELK RIVER
A RESOLUTION GRANTING FINAL PLAT APPROVAL FOR:
Mississippi Ridge 3rd Addition
Case No. P 07-02
WHEREAS, application has been made for final plat approval, pursuant to Section
30-374 (a-g) of the Elk River City Code of Ordinances, of the property legally described on
attached Exhibit A and hereinafter referred to as "the Property";
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF ELK RIVER, as follows:
1. It is hereby determined by the City Council for the City of Elk River as follows:
A. The proposed plat is consistent with the Land Use Regulations and conforms
with all of its requirements.
B. The proposed plat is consistent with all applicable general and specialized
city, county, and regional plans including, but not limited to, the City's
Comprehensive Development 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 plat makes adequate provlSlon for water supply, storm
drainage, sewage transportation, erosion control and all other services, facilities and
improvements otherwise required herein.
E. The proposed plat will not cause substantial environmental damage.
F. The proposed plat will not conflict with easements of record or with
easements established by judgment of a court.
G. The proposed plat 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 one year from the date of this resolution if the
fmal plat is not recorded within that time.
The foregoing resolution was introduced by Council Member and
duly seconded by Council Member . The following voted in favor
of the Resolution.
The following voted against the Resolution:
The following were absent:
WHEREUPON the resolution is adopted.
Passed and adopted this _ day of
,2007.
Stephanie Klinzing, Mayor
ATTEST:
Tina Allard, City Clerk
s: \PLANNING\Case Files\2007\Plat\Mississippi Ridge 3rd\Resolution.doc
Page 2
EXHIBIT A
Legal Description:
Lots 1-3, Block 1, Mississippi Ridge 2nd Addition
S:\PLANNING\Case Files\2007\Plat\Mississippi Ridge 3rd\Resolution.doc
Page 3
EXHIBIT B
Conditions:
1. All comments of the City Engineer's memo shall be addressed dated February 8,
2007.
2. All required subdivision/park information shall be provided in an electronic format
(.pdf file) as required by the City Ordinance and Land Use Application prior to
recording of the plat.
S:\pLANNING\Case Files\2007\Plat\Mississippi Ridge 3rd\Resolution.doc
Page 4