Loading...
7.6. SR 12-19-1994 rei ---'\) ( )j ~Iil ITEM 7.6. MEMORANDUM MAYOR AND CITY COUNCIL DATE: DECEMBER 19, 1994 + FROM: TROY LANGER, PLANNING INTERN SUBJECT: EASEMENT VACATION REQUEST BY DANIEL NICKOLS, PUBLIC HEARING, CASE NO. EV 94-05 REQUEST Consider approving Resolution 94- vacating a portion of Zane Street. The applicant has submitted an application for an easement vacation for a sixty (60) foot by sixty-three (63) foot section of Zane Street. LOCATION . Zane Street, south of 190th Avenue, Royal Oaks Ridge Subdivision, Elk River, MN ZONING I LAND USE Rlc (Single-Family Residential) / MR (Medium Residential) ATTACHMENTS Resolution, Location Map, Zoning Map, Site Map, Sketch Map, and Letter From Mr. Nickols. BACKGROUND . In 1988, the Royal Oaks Ridge plat was approved by the City Council. One of the requirements upon approval of the plat was to dedicate a right-of-way for Zane Street, just south of 190th Avenue. There is very little documentation or discussion in regard to the dedication of this right-of-way for Zane Street, however, Steve Rohlf, Building and Zoning Administrator, was involved with the project. During the platting process the City of Elk River required Mr. Jerry Smith, developer of Royal Oaks Ridge, to dedicate an easement for Zane Street. Because of the easement being dedicated, a lot may have been forfeited by Mr. Smith. 13065 Orono Parkway. P.O. Box 490. Elk River, MN 55330. (612) 441-7420. Fax: (612) 441-7425 City Council, Daniel Nickols December 19, 1994 Page 2 . There were two reasons identified for the dedicating of this right-of-way. The first was to provide future municipal water and sewer access to the acre lot located to the south of the Royal Oaks Ridge subdivision. The second reason was to provide future access to the south. At that time, it was anticipated that the acre lot to the south would be subdivided. If that subdivision occurred, the City would require additional right-of-way to extend Zane Street to the south. INTRODUCTION Currently, Zane Street is platted and unimproved. This denotes that an easement for the future development of a street exists, but the area is currently not developed as a street. Within the easement are two (2) municipal water and sewer lines that are intended to access the acre lot to the south and an additional housing unit. APPLICANT'S REASONS FOR EASEMENT VACATION . The applicant, Mr. Daniel Nickols, along with the owner of the acre parcel to the south, Mr. Curtis Job, intend to subdivide both parcels to create a new parcel along 190th Avenue. The easement must be vacated in order to create a buildable parcel. Mr. Nickols feels that his property is lacking a backyard and wishes to gain additional area in the rear with the creation of the new parcel. Mr. Nickols intends to subdivide the westerly portion of his current lot and gain some of the northerly portion of Mr. Job's property for a backyard. The remaining northerly portion of Mr. Job's property and the westerly portion of Mr. Nickols' property will be combined to create a new parcel along 190th Avenue. (See sketch plan of subdivision) Currently, the property can not be subdivided without meeting the concerns of the property owners. The applicant and Mr. Job have indicated that if the easement vacation does not receive approval, they will not proceed with plans to subdivide the property. ANALYSIS . Currently, the applicant is only requesting action on the easement vacation. Because the easement vacation and the potential subdivision are associated, the potential subdivision of the property must be taken into consideration. Both Mr. Job's property and Mr. Nickols property can not be subdivided without the aid of variance requests. Currently, Mr. Job's property is a legal non-conforming lot. It does not meet the minimum requirement for street nickols.troy City Council, Daniel Nickols December 19, 1994 Page 3 . frontage. Typically, when subdivision of property occurs, all non-conformities are eliminated through the subdivision process. In this particular request, those items would still not comply with City Code requirements. Another item that was considered involves the extension of public services to Mr. Job's property and the new housing unit. The applicant and Mr. Job have agreed to incur all costs of removing the private service for sanitary sewer, which currently exists in the easterly portion of Zane Street, and relocating them to the westerly portion of Zane Street. If subdivision of the southerly acre lot occurs, the property owner's would be required to connect to municipal sewer. Mr. Job would be allowed to use a well, which is currently being used, for water. . Typically, when a vacation of easement for right-of-way occurs, the street does not serve a purpose either in the present time or in the future. In this case, Zane Street does not serve a purpose to the area at the current time. Therefore, it must be determined that Zane Street does not serve a purpose in the future. In order to ascertain Zane Street has no purpose in the future, it must be decided as to whether or not there is potential it will ever be extended to the south. Staff examined the potential for the extension of Zane Street to the south and determined that traffic patterns would be impacted in a positive manner if the extension did not occur. The streets in the surrounding residential subdivisions are not intended to be collector streets. Additional residential traffic may result on these streets if the extension would occur. Staff is of the opinion that traffic patterns would be improved if residential traffic converged on to collector streets rather than proceeding through other residential areas. When the property to the south of Mr. Job's property and Royal Oaks Ridge is developed, traffic patterns should converge towards County Road No. 13. . Although, staff concluded that Zane Street was not necessary for vehicular traffic, it was determined that a pedestrian trail from 190th Avenue directed to the south would help pedestrian traffic throughout the area. Because the petitioner is requesting an easement vacation, a trail easement can only be required for the vacation area. If future subdivision occurs on Mr. Job's property to the south, the trail easement can be required as part of the . subdivision process. This means that the trail easement is a two (2) step process. The city must first acquire an easement within the vacated parcel, then secondly, acquire an easement within the subdivided property. nickols. troy City Council, Daniel Nickols December 19, 1994 Page 4 . RECOMMENDATION It is recommended that the City Council approve resolution 94 vacating the portion of Zane Street as described in the resolution and illustrated on the attached map with the following conditions: 1) SANITARY SEWER BE REMOVED AND RELOCATED TO THE WEST PORTION OF ZANE STREET TO SERVE THE ACRE PARCEL TO THE SOUTH. 2) THE APPLICANT, PRIOR TO RECORDING OF THE EASEMENT VACATION, PROCESS A PLAT FOR SUBDIVISION WHICH INCLUDES DEEDING OF THE WEST THIRTY (30) FEET OF THE VACATED PARCEL TO THE ACRE PARCEL TO THE SOUTH. 3) AN EASEMENT BE GRANTED ALONG THE WEST FIFTEEN (15) FEET FOR DRAINAGE, UTILITY, AND A TRAIL TO CONNECT TO THE SOUTH. . . nickols. troy RESOLUTION 94 - . RESOLUTION FOR THE CITY OF ELK RIVER A RESOLUTION FOR VACATING STREET, DRAINAGE, AND UTILITY EASEMENTS WHEREAS, a majority of the property owners abutting the street, drainage, and utility easement have requested the City Council in a petition dated November, 1994, to vacate such easement according to law; and, WHEREAS, a public hearing was held on December 19, 1994, 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 December 16, 1994, 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 street, drainage, and utility easement described as follows is hereby vacated with the following conditions stated below: All that part of Zane Street Northwest lying south of 190th Avenue N.W. as dedicated in the recorded plat of Royal Oaks Ridge, Sherburne County, Minnesota. 1. The applicant identify all existing public utilities within the street right-of-way and grant to the City a drainage and utility easement of adequate size as determined by the City Engineer. 2. The applicant grant to United Power Association a utility easement for the purpose of overhead power lines of adequate size as determined by United Power Association. Adopted by the Elk River City Council this _ day of ,1994. Henry Duitsman, Mayor ATTEST: . Sandra Thackeray, City Clerk document:resol-ev94-05 . ~J 0:: =>< 1Il~ 0:: III :J: c.. . . City of Elk River LOCATION MAP CASE:EV 94-05 , 6J ~ 1!,j4~IA~~EIN~' ~ ,- ,,1 -/ .1 I ::iI . ~r;\ '7.\".1. LJIPrn~:'~ ~ ~i':o~~~~ /' \ i,,~~) ~!U Ftl _ I'~'.'.:\.~r',~~ I M'-J :,\Jf I y'f1 ,,'y " : I' : bi ""iJ'~. ~~ ~j "' L J / .J. .... 'III 1 ~ \ \ ~ --., )o-oo.c\ ~,.J/ : . .' .......~.". . ~ f ~ ~ ,- . ~,~ ~~ ".' 4 · ~...- -;;1' .:.. ~, -t~r~'~1 '~'" Je, ~ ~"A II' Ie',' ~R:'!i\,~,"~JJ.I,JI " o If:! ' I ~~'I 11bJ..~ I l ' A I . ~ --- l.iI' "'J,..'I;III" " it C3 f1-(<'s , -* _--+- ~ ' ,". R2 1 \ I \ ~ _ w _ u. ~ ~ , ~~ ,.. w"". \ \\vlc.r,/1Ll:\~! D: "A., . ~ ~= ~ 12! 51A N~ Q __ ,", ',\' I '\';~ 13T", I-;- ,'~ 1l.:J;J -)l r--h- lili I c~. ~:.( ., ~ , \,\\\ ~. .'" 2Sj ~"I ""':-t-o ~ ';JA.3t. .'{:'u<..~~~ '~.1 . ...'2.... \\:.,\\. R1. C ~ ~i~M '.' \~ " 4 : . \.' \\.. - - - . - ...:!fIl!t"" 'f.. 7-..~' l'.... ,6rJ II/..l ~~'.. ~ .rn:I'j~ i,'~l(~"".:~ ~... "\; ~~irt'! m......-~Iy..rt-'.:.- -. ' \~:.'.\'.~... .Cfi.~m..h.iA wn~;; . '. !~~ ~ ~ lRkJU11.IL I.".,~ 1101 1 I , I' llll{l'/i4.J(' ...,....;J.! 5 .3 \'\\\ L -, .~ " ~f] ~'L~:!r~:~ ~o:: V-- 8 I' PAg1'L- , \\ I ~ "l ~(~-:\ ~.~ f-.... ~ --\ ~f:;- ". ~'.".~' II:: 'j ""K: :"~g'r; . \'LOCATION ~ f/,.~ ~~~<~ .~ . ~ T . ~:.'1 ~ \.. . . ~_<or--~./j f7j llon ~ '. J., \ ,..1 '~" . /~i /. .'/;1. 'F....nH. . Wi. In. ~ 1 : '., \\....':'.~. 2b ~ ~T:Jt~1f) ~ ! l. I I ~ I... \ \ . \ \ ,'. " - . -.........:...t:.iJI p-., \1 ,- :.~ "Y. ~ uf:'!/ ..1 21 I I \ ,\ '\ \ . <-:-.1.... J.'ri." '1l.! \ 4. ~\' b~':,'\ \ 1,..1 [7. .~} 12.i. I i.. I,:...,.J \ . \..J\...- .\.._..J -" _....-'~. <;;.\\, :Ai';"""1-ILII~'~: ~X,. ~;r0'/"'. ~8 .~.:::'~~AA(A=TB1~~sr"?" -<~: \ ;J:[11/JI~~ ~ .~- ,'L.... .'<' 'I tI.. I \' \ (.~. ',;~~c.~,trrw;~ IT ~ 1 2 . ,..' n.d '",{.,..tt. {:~I;g '3 ';; ~ 1,"7 " r.... ~ '1..;..t,10:'" , \ ' C h Z '. Q( 't;. ELA ~ ,e., ..Il" .. ..iJ'p I-' ~ .' ~ [?fI'f'I' . ':q:', .~!PH 51. 110.+, ~I ~~bJ ~ ~1;lSn~.a.rlt .IE ~"- \ , ~~ .J: B) ~..l 'E .,y. " ~ =Wll"I'~'~"H~i.r", ,;;;;,1: ~ 0.2 \ i ~~ ~a'iA'.. '.' i, U,' ~1io~""''n(~',I:ti..!J. 'TI 'I !71~H~:i~ 11 .... ... ~' '~i. ~ 'V. ~.Jc: . ~, ~- C~ .f" ~lAn.I"TI ~l'. .~.. l1 F .A~) ~\ \ f~;_ ~/,4 ':7< IBII t- R ' ~ J '" .1. I..' ~kl 10 ....... 1 n . \. \ 1. - ; , . '."__-.!.J PL\~. '9 1 .,~ _ _:\.-\ ( "-m (II ~'. --.: ,(:/i'1 . I.' ' " '. 7 ,\,'~ I- ~ \i ~'T C ~~~ '- <:/~1D[J ~~, I !?" ! ZONING MAP . I[ 1 ..... 'River P.o, Box 490 · 13065 Orono P';;kway · Elk Ri~e', MN 55330 . (612) 441-i420 CASE EV 94-05 ~ @ . City of ~ Ell{ A_ \j<V ~<v~ r AREA TO BE VACATED \0 ,9 () \0 7. EXISTING UTILITIES MR. NICKOL'S PROPERTY - o o LD r--- 38.00' 1'- 2 OJ (.0 C'oJ MR. JOB'S PROPERTY ~ o Q) o N SITE MAP . I[ ~ E~ ~ CASE EV 94-05 'Re , IVer P.O. Box 490. 13065 Orono P;;kway. Elk Ri~e=-. MN 55330. 612 AAl_7J.20 @ . . \ SKETCH MAP EV 94-05 ~\)<v ~S \0 '\9 ()\ \J AREA TO BE VACATED c( w a: <( ..J - c( a: t- O w en o Q. o a: Q. . 5 ^'~ ~ o " 0 <C G"?- :2 r b ~'I' ~ ~ ~ ;;; (J) ~(' t{"'o 13 ~ 1 N CLO~ PROPOSED LOT AREA I I I I ,_ - - -- ~ o o L() I"-- MR. NICKOL'S PROPERTY 38.00' L____ MR. NICKOL'S BACKYARD AREA .,-- o m o 0J MR. JOB'S PROPERTY 209.01' NOV 1 4 199~ . steve Ach City of Elk River City Hall 13065 Orono Road Elk River, MN 55330 November 11, 1994 Dear steve, Enclosed please find the legal description of the portion of Zane street that I am requesting the city to vacate. If I can be of any further assistance please feel free to contact me. Thank you for your help in this matter. . SV:Jl~~JI Daniel G. Nickols . . . . DESCRIPTION OF PORTION OF ZANE STREET NW TO BE VACATED All that part of ZANE ST. N. W. lying south of 190th AVE NW as dedicated in the recorded plat of ROYAL OAKS RIDGE, Sherburne County, Minnesota. rCI ---'\) ( )j ~Iil ITEM 7.7. & 7.8. MEMORANDUM TO: MAYOR AND CITY COUNCIL FROM: GARY SCHMITZ, PLANNING ASST. c,'d DATE: DECEMBER 19, 1994 SUBJECT: REQUEST FOR REZONING AND LAND USE AMENDMENT BY THE CITY OF ELK RIVER, PUBLIC HEARING, CASE NO. ZC 94-14 AND LUA 94-10 REQUEST Request to rezone approximately 20 acres from PUD (Planned Unit Development) to R1c (Single Family Residential), and to amend the Land Use . Map from LI (Light Industrial) to MR (Medium Density Residential). LOCATION A strip of property lying east of Waco Street and south of U.S. Highway 10. ZONINGILAND USE PUD (Planned Unit Development)/LI (Light Industrial). ATTACHMENTS Resolution 94- _, Ordinance 94- _, November 22, 1994 Memo to the Planning Commission. BACKGROUND . At the August 23, 1994 Planning Commission meeting, the Commission reviewed and approved a request by the City of Elk River to rezone approximately 150 acres from PUD (Planned Unit Development) and C2 (Office District), to BP (Business Park). During the meeting, Stewart Wilson, who owns approximately 80 acres of property included in the rezoning, expressed his support for the rezoning but asked if the proposed Business 13065 Orono Parkway. P.O, Box 490. Elk River, MN 55330. (612) 441-7420. Fax: (612) 441-7425 . Park zoning designation line could be adjusted to the north and extend directly west from the southwest corner of the County Government Center's property. Mr. Wilson's rationale for the request was that it would provide for a larger area for residential development, while maintaining the integrity of the Business Park district. The Planning Commission and City Council concurred with Mr. Wilson's request and adjusted the Business Park zoning line to the north. The attached memo to the Planning Commission outlines this request III detail. PLANNING COMMISSION RECOMMENDATION The Planning Commission concurred with staffs findings and recommended approval of the zone change and land use amendment. RECOMMENDATION Staff recommends approval of the rezoning from PUD (Planned Unit Development) to R1c (Single Family Residential) and the Land Use amendment from LI (Light Industrial) to MR (Medium Density Residential) . based upon the following findings: 1. The rezoning and land use amendment will not compromise the integrity and establishment of the Business Park zoning district. 2. The rezoning and land use amendment will allow for a continuous strip of compatible residential uses to occur in the western area of the City. . s:council:lu94-10 . CITY OF ELK RIVER RESOLUTION NO. 94 - A RESOLUTION AMENDING THE COMPREHENSIVE PLAN TO CHANGE THE LAND USE FROM LI (LIGHT INDUSTRIAL) TO MR (MEDIUM DENSITY RESIDENTIAL) CITY OF ELK RIVER CASE NO. LUA 94-10 WHEREAS, Minnesota Statutes, Chapter 462.355, Subdivision 2, prescribes the procedure for amending the Comprehensive Plan, and WHEREAS, the Planning Commission held a public hearing on November 22, 1994, and recommended approval regarding the Comprehensive Plan amendment request for the property legally described as: . See attached Exhibit A and, WHEREAS, the City Council has reviewed the Comprehensive Plan amendment request and finds the change to be in general conformance to the adopted Comprehensive Plan. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Elk River that the Land Use Plan be amended to change the property as described above from LI (Light Industrial) to MR (Medium Density Residential) as set forth in attached Exhibit B. PASSED by the City Council of the City of Elk River this 19th day of December, 1994. Henry A Duitsman, Mayor ATTEST: . Sandra A. Thackeray, City Clerk s:document:resol:lua94-10 . . . EXHIBIT A A strip of land 450.00 feet in width over that part of the Southwest Quarter of the Southeast Quarter and the Southeast Quarter of the Southwest Quarter of Section 31, Township 33, Range 26, Sherburne County, Minnesota, the Northerly line of which is described as follows: Commencing at the intersection of the East line of the West Half of said Southeast Quarter and the Southerly right-of-way line of U.S. Highway No. 10; thence Southerly, along said East line of the West Half of the Southeast Quarter, a distance of 1320.00 feet to the actual point of beginning of said line to be hereinafter described; thence Westerly, at right angles to said East line of the West Half of the Southeast Quarter to the intersection with the West line of said Southeast Quarter of the Southwest Quarter and there terminating. Except the East 660.00 feet of said West Half of the Southeast Quarter. 000-101l.nov . . . EXHIBIT B 1. The land use amendment will not compromise the integrity and establishment of the Business Park zoning district. 2. The land use amendment will allow for a continuous strip of compatible residential uses to occur in the western area of the City. s:document:resol:lua94-10-7 . ORDINANCE 94- CITY OF ELK RIVER AN ORDINANCE AMENDING THE CITY OF ELK RIVER ZONING MAP TO ZONE CERTAIN PROPERTY FROM PUD (PLANNED UNIT DEVELOPMENT) TO R-IC (SINGLE FAMILY RESIDENTIAL) CASE NO. ZC 94-14 The City Council of the City of Elk River does hereby ordain as follows: Section 1. The duly adopted Zoning Map of the City of Elk River is hereby amended to zone the property described as: See attached exhibit A from PUD (Planned Unit Development) to R-1c(Single Family Residential) as set for in attached Exhibit B. Section 2. That this Ordinance shall take effect and be in full force from and after the date of its publication. . Passed and adopted this 19th day of December, 1994, by the City Council of the City of Elk River. Henry A. Duitsman, Mayor ATTEST: Sandra A. Thackeray, City Clerk . s:document:ordinance:zc94-14 . . . EXHIBIT A A strip of land 500.00 feet in width over that part of the Southwest Quarter of the Southeast Quarter and the Southeast Quarter of the Southwest Quarter of Section 31, Township 33, Range 26, Sherburne County, Minnesota, the Northerly line of which is described as follows: Commencing at the intersection of the East line of the West Half of said Southeast Quarter and the Southerly right-of-way line of U.S. Highway No. 10; thence Southerly, along said East line of the West Half of the Southeast Quarter, a distance of 1320.00 feet to the actual point of beginning of said line to be hereinafter described; thence Westerly, at right angles to said East line of the West Half of the Southeast Quarter to the intersection with the West line of said Southeast Quarter of the Southwest Quarter and there terminating. Except the East 660.00 feet of said West Half of the Southeast Quarter. 000-1011.nov . . . EXHIBIT B 1. The rezoning will not compromise the integrity and establishment of the Business Park zoning district. 2. The rezoning will allow for a continuous strip of compatible residential uses to occur in the western area of the City.