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7.8 SR 07-16-2012~~/ C~:it" ~. Elk -- REQUEST FOR ACTION River TO ITEM NUMBER Ma or and Ci Council '~ . g AGENDA SECTION MEETING DATE PREPARED BY Public Hearin s Jul 16, 2012 Jerem Barnhart, Plannui Mana er ITEM DESCRIPTION REVIEWED By Natures Edge Business Park Cal Portner, Ci Administrator 1. Resolution Approving Final Plat REVIEWED BY 2. Ordinance Approving Zone Change 3. Resolution for Easement Vacation (Right-of--Way) 4. Resolution for Easement Vacation (Drainage and Utili ) ACTION REQUESTED Staff recommends the following four actions: 1. Adopt resolution approving the final plat for Natures Edge Business Center as illustrated on drawings dated July 11, 2012, with the following conditions: 1. Access control shall be deeded to MNDOT from Outlot B. 2. The development shall meet all applicable fire codes. The fire chief shall verify the location of all fire hydrants, and may require additional hydrants necessary to preserve the health and safety of the residents. 3. A wetland buffer of 25-feet applies to all wetlands and a structure setback of 20-feet from the buffer applies. An exhibit shall be prepared and included in the literature provided to potential buyers. 4. Wetland boundaries shall be posted in a manner acceptable to the environmental administrator. 5. In addition to the easements shown on the preliminary plat, the following easements shall be provided: a) A 25-foot easement adjacent to the outside edge of delineated wetlands to note, preserve and protect the required no-touch buffer. b) A 20-foot pedestrian easement adjacent to the 25-foot easement on the outside edge of the delineated wetlands to provide for the future construction of a pedestrian amenity. 6. A NPDES permit is required prior to final approval of construction drawings. 7. Thirty-four shade trees shall be added along the trail on the east side of Twin Lakes Road. 8. Park dedication shall be provided in the following manner: a) In the form of cash for 19.12 acres at the rate applicable at the time of final plat approval. (Currently $2,485 per acre) 9. All required subdivision/park information shall be provided in an electronic format (.dwg file) as required by the city ordinance and land use application prior to recording of the plat. 10. This approval of the preliminary plat shall expire after onel year, unless the property owner or owner's agent has submitted a final plat or letter of request for extension. 2. Adopt ordinance rezoning portions of the Natures Edge Business Park to C-3 and Business Park. 3. Adopt resolution vacating road right-of--way south of 1715` Avenue in the former Gateway Business Park. PJDNEDED D~ N:\Public Bodies\City Council\Council RCA\Agenda Packet\07-1G-2012\P12-02, l;V 12-O1, and 7.C 12-XX Natures Cdge ~~~~, !~ SR to CC 7-1G-12.doct V 4. Adopt resolution vacating drainage and utility easements in the former Gateway Business Park. BACKGROUND/DISCUSSION Rezoning -o Staff recommends rezoning the northern one-half and the eastern most 11 acres of the plat to Business Park, with the remainder Highway Business. Business Park closely relates to the Jobs Areas depicted in the Focused Area Study Plan. The Highway Business area closely relates to the Destination Retail suggested by the Plan. The Transit Center shown on the plan suggests a land use that provides for ground level retail/ office/ industrial with upper level office and residential. A key component of Transit Center is the development of the area in `urban densities', adding activity to support the businesses in the area. Residential is an important part of that equation, and because the city is prohibited from adding residential for the term of the Cargill Agreement, staff is proposing the small portion of Transit Center on city property as Business Park, in an attempt to provide additional prime office and industrial property. The zones proposed remain consistent with the Comprehensive Plan; therefore, no Comprehensive Plan amendment is required. Final Plat The final plat is consistent with the preliminary plat and staff is recommending approval. This will formally create three buildable lots that the city may sell. Easement Vacation In 2008, the city originally platted the subject property as Gateway Business Center. The plat contained no buildable parcels, but did provide for the extension of Ulysses Street and 168`" Avenue. In addition to this road right-of-way, a 10-foot drainage and utility easement was provided along the perimeter of the outlots. Vacating the right-of--way and easements is desirable to avoid tide or building issues in the future. The final plat of Natures Edge Business Center provides the necessary right-of--way and easements. The 75-foot wide Northern Natural Gas easement through the site will not be impacted or altered in any way. Planning Commission Comments The Planning Commission held their public hearing on June 12, 2012, and had no comments. Public Comments No comments for or against the proposal. FINANCIAL IMPACT Platting the property will include recording and final plat fees. These funds will be paid via the EDA Development Fund. ATTACHMENTS ^ Planning Commission Packet Dated June 12, 2012 ^ Gateway Business Park Plat Highlighting Easements and Right-of--Way Vacated ^ Final Plat ^ Resolution Granting Final Plat Approval • Ordinance Rezoning Certain Property from Light Industrial and Highway Business to Business Park and Highway Business N:\PubGc Bodies\Cit}~ Council\Council RCA\rlgenda Packet\U7-1G-2012\Pi2-02, Et' 12-01, and ZC 12-XX Natures Edge 5R to CC 7-1G-12.doc~ ^ Resolution Vacating Road Right-of--Way ^ Resolution Vacating Drainage and Utility Easement QCt1011 il~iotion b}~ Second by Grote Follow Up N:\Public Bodies\City Council\Council RC,1\Agenda Packet\07-1G-2012\P12-02, L'V 12-O1, and ZC 12-XX Natures Gdge SR to CC 7-1G-12.docx U ~~ ~ O D _ <<~ p ~ ~o Elk 1 REQUEST FOR ACTION River TO ITEM NUMBER Plannin Commission 4.3 AGENDA SECTION MEETING DATE PREPARED BY Planning Jul 10, 2012 Jerem~~ Barnhart, Planning I\Ianager ITEM DESCRIPTION REVIEWED By Request by Cinr of Elk River to Rezone certain portions of the Jeremy Barnhart, Plannin hlana er Nature's Edge Business Center to Business Park (I'B) and REVIEWED BY Highway Business (C-3) of Edge Business Center -Public Hearin -Case No. ZC 12-03 ACTION REQUESTED Staff recommends appro~=al of the rezoning application as presented. Applicant CitST of Elk River Location/ Address Approximately 90 acres south of 171", west of die railroad tracks 60 Day Rule The City= must take action by July 29th OVERVIEW The EDA proposes rezoning of die cit5>-owned land to Business Park and Highway Commercial, based on the Focused Area Study drat was approved by dze Cin~ Council in 2010. The property is currently zoned Light Industrial or High~val- Commercial. BACKGROUND/PRECEDENT The subject property is in the process of being final platted, to be consistent with die Focused rrea Study. The FAST Study identifies three primacy land uses on the subject property, including Transit Center (TC), Jobs area QA), Destination Retail (DR). Transit center (TC) is suggested for the NE corner of the subject property, nearer the train station. TC suggests 2-5 story buildings, ground retail/offices, and upper level offices and residential wide street and structured parking. The cit<= is restricted from introducing residential to this property, due to an agreement with Cargill. With this restriction, the existing land uses in die area, and the Comprehensive Plan designation for the property=, staff suggests business zoning as most consistent wide applicable agreements and the goals of the FAST Study. Destination retail suggests 1-2 story buildings with surface parking lots. Due to the lack of immediate access off of Highway 10, retail uses in this area will be destinations. From a use and intensity perspective, destination retail is most similar to Highway Coirunercial (C-3). The Jobs area suggests large office and manufacturing buildings, very svnilar in nature to the Business Park zoning district. Case File: ZC 12-03 NEBC Page 2 Natures Edge Business Center The property= is currently zoned I-1 (Light Industrial) and C-3 (Highway Business). The boundary between these two districts is roughly a diagonal line running SE from a private driveway west of the site. The boundary- of the districts is proposed to follow propern% lines or, where none exists, APPLICABLE REGULATIONS Rezoning In reviewing a proposed amendment, consideration shall be given to existing conditions within the area directly and indirectly affected by the proposal, the conservation of property values, the use to which the property affected is being devoted at the time, and relevant provisions, if any, in tl~e land use plan. ANALYSIS In die 2004 Comprehensive Plan, the subject property- is guided Light Industrial (east half) and Highway= Business (west hal~. HighwayT Business guided properties are almost ahvays zoned C-3, although Mulvany=Point (Abra) and the undeveloped property= at Highway= 10 and 165`hAvenue is zoned Business Park. (Others not zoned C-3 are zoned PUD and developed consistent with Highway Business.) Light Industrial-guided properties are either zoned Business Park (BP e.g. Elk River Business Park), Light Industrial (I-1 e.g. Elk River Industrial Park), or General Industrial (I-3 e.g. Renner Addition.) Comprehensive Plan The rezoning of the property as suggested by= staff is consistent with the Comprehensive Plan in place and the Focused Area Study=. Alternative Urban Area Review Prior to the development of the Natures Edge Business Center, the city= completed an Alternative Urban Area Review (AUAR) to evaluate the impacts of the development from an environmental, utility=, and traffic perspective. This review, completed in 2011 and approved by the City Council, noted that the proposed uses were not significantly more intense that the current zoning; although at full build-out, improvements to local road ways, in particular at intersections with Highway 10, would likely be required. ATTACHMENTS Location Map Existing zoning, with uses Proposed zoning, with uses ACt1011 Motion b5~ Second b5= Vote Follow Up N:\Departments\Communit}' Development\Planning\Case File.\ZC\ZC 12-03 NEBC rezone\ZC 12-113 NEBC rezoning 7-10-12.docs V1 H r115515514P1 RNER ~I~ ~~ ~~ ~y ~; . ~(`P~-E 1S ~ ~b ~~~ ~ ,\ ~~ - ter--- ~ _ ___ ',. ---- " - ~ ~~ ~ ~~ N11551551PP1 R1V~ ~rv~lrset l.!ses for ~ature~ ~c~r~e ~~siiiess ~a€~~ Sec. ~,~~_1~~~~~. - C-3 fjih~~~ay cor~~~zerc€af ~4ivt~~icf. (a) Purpose. The purpose of the C-3 highway commercial district is to recognize the need for commercial establishments on or serving with immediate access to major highways. Permitted land uses should take advantage of the highway access in a manner which other business districts are not afforded. In addition to retail and commercial uses, quasi-industrial and wholesale enterprises that do not meet an industrial setting and have considerable customer contact are acceptable in the highway commercial district. (b) Permitted uses. Permitted uses in the C-3 district are as follows: (1) Business and professional offices. (2) Retail shops and stores. (3) Personal service establishments. (4) Nurseries, produce markets, and garden centers, which may include outdoor display. (5) Convenience stores. (6) Public parks. (7) Financiallnstitutions. (8) Sale of firearms. (9) Class I restaurants. (10) Class II restaurants. (c) Accessory uses. Accessory uses in the C-3 district are as follows: (1) Signs as permitted in sec~ion 30-851 et seq. (2) Off-street parking facilities. (3) Off-street loading facilities. (4) Telephone booths. (5) Private recreational facilities. (6) Public shelters and essential services. (d) Conditional uses. Conditional uses in the C-3 district are as follows: (1) Enclosed light manufacturing with related retail sales. (2) Car, RV and marine sales. (3) Nonprofit clubs, lodges, or halls. (4) Licensed day care facilities. (5) Institutional uses. (6) Equipment rental businesses. (7) Commercial recreational, indoor. (8) Commercial recreational facilities, indoor. (9) Shopping centers. (10) On-sale liquor establishments. (11) Governmental buildings and facilities. (12) Veterinary clinics. (13) Carwashes. (14) Reserved. (15) Motor vehicle service stations. (16) Motor vehicle specialty shops. (17) Sauna establishments. (18) Physical recreation or training greater than 5,000 square feet in size. (19) Pawnshops (250-foot setback from any residential zone and 500-foot setback from schools, parks, day care centers, churches and other pawnshops, measured from the property line). (20) Hotels and motels. (21) Reserved. (22) Development of property within 50 feet of the wild and scenic river district. (23) Ministorage, provided that the use is on unplatted land outside the urban service district. (24 Dry cleaning establishment. (25) Governmental-offices. (26) Commercial recreation, outdoor. (27) Physical recreation or training. (e) Architectural standards. No provision of sec~ion 30-~.~'.8 except subsection 3Q-938(2) pertaining to building finish and subsection 30-933(3) pertaining to roofs applies to this district. Sec. 30-194. - BP business park district. (a) Purpose. (1) The business park district is established to encourage a planned, integrated environment for certain industrial, office, and commercial uses, which are compatible with and complement each other as well as the surrounding land uses. The underlying land use designation within the district may vary and may be either light industrial or highway business. Development within the business park district will correspond with the land use designation. Industrial and office uses are allowed where the land use designation is light industrial, and commercial uses are allowed where the land use designation is highway business. (2) It is the intent of this section that development reflect common themes using compatible architectural design and consistency in signage, landscaping, and lighting. It is also the intent to encourage businesses, which generate a high number of jobs per square foot rather than predominantly warehouse type uses. (b) Permitted uses. Permitted uses in the BP district are as follows: (1) Permitted uses allowed are as follows: a. Light manufacturing. b. Research and development laboratories. c. Business and professional offices. d. Mail order operations. e. Telecommunication operations. f. Sherburne County fair. g. Warehouse space not exceeding 50 percent of the entire building. h. Showroom space. Repair and maintenance, excluding auto repair. Physical recreation or training, if less than 5,000 square feet, provided the underlying land use in the comprehensive plan is mixed use or highway business. (c) Accessory uses. Accessory uses in the BP district are as follows: (1) Off-street parking lots or facilities. (2) Private recreational facilities. (3) Public shelters and essential services. (4) Retail sales, provided the following conditions are met: a. The retail sales activity shall not be located in an administrative office facility, but shall be located within a business, the principal use of which is not commercial sales. b. The retail sales activity shall not occupy more than 15 percent of the gross floor area, or a maximum of 5,000 square feet of the occupied quarters, whichever is less. c. The retail sales activity shall be related and subordinate to the principal use. d. No sign identifying or promoting that retail sales occur within the building shall be visible from outside the building. e. Freestanding retail shops and stores shall be limited to those which complement other uses within the business park and provide a service to those other businesses, and shall not exceed 20,000 square feet in size. f. Retail/wholesale sales incidental to products manufactured, assembled, or warehoused on the premises may be permitted as an accessory use provided no more than ten percent of the building is used for retail/wholesale sales. (5) Therapeutic massage when offered within the confines of a medical or chiropractic clinic. (6) Signs as permitted in section 30-~51 et seq. (d) Conditional uses. Conditional uses in the BP district are as follows: (1) Accessory structure provided the materials are the same as those of the existing principal structure. (2) Warehouse space exceeding 50 percent of the total building floor area up to a maximum of 65 percent. (3) Vocational, technical and trade schools. (4) Loading areas/overhead doors when located in front yards. (5) Aboveground storage tanks. (6) Government buildings and facilities. (7) Motor vehicle repair shops, provided that they meet the following conditions: a. All repair services shall be conducted inside the building. b. Merchandise shall be stored inside the building. c. All damaged vehicles stored on the premises shall be stored within an area which is screened by a six-foot high 100 percent opaque fence constructed of factory finished metal or vinyl material. d. The building shall comply with the material requirements of this section, and 30 percent of any building face and all overhead doors facing any public street shall be constructed of glass material. e. No sales or display of merchandise outside the building. f. The building shall be a minimum of 15,000 square feet. (8) Governmental offices. (9) Physical recreation or training, if 5,000 square feet or greater, provided the underlying land use as provided in the comprehensive plan is mixed use or highway business. (10) Educational institution. (e) Additional standards. The following additional standards apply in the BP district: (1) Loading spaces and overhead doors. a. Loading spaces/overhead doors shall be located in designated rear yards and secondarily in designated side yards. Loading areas/overhead doors shall not be located in designated front yards unless approved as a conditional use. b. Loading spaces and overhead doors shall be designed to be compatible with the principal building. Architectural techniques and landscaping shall be employed to reduce visual impacts from adjacent properties and roadways. (2) Dumpsters and refuse enclosures. a. All dumpsters shall be completely screened from public view by using enclosures constructed of similar material as the principal building. b. Refuse enclosures shall include gates and be located in designated rear or side yards. (3) Rooftop or ground electrical equipment; signs. a. All utility equipment shall either be: 1. Screened from the eye level view of adjoining properties by use of exterior walls and/or landscaping; 2. Painted to match or complement the building structures; or 3. Incorporated into an architectural design, as approved by the building and zoning administrator. b. Notwithstanding the provisions of subdivision II of division 5 of this article, the following requirements regarding signage shall be met: 1. All freestanding signage shall be of a monument style sign and have a maximum size of 64 square feet and height of eight feet. 2. One on-premises business wall sign per occupancy, not to exceed two square feet in sign area for each linear foot of the building frontage up to a maximum of 128 square feet per occupancy, is permitted. (4) Exterior building finishes. a. It is the intent of the city to promote and encourage high standards of creative architectural design in the business park district. b. In the business park zoning district, the following are acceptable building materials and finishes: 1. Brick. 2. Natural or cut stone. 3. Integrally colored split face (rock face), burnished, or glazed concrete masonry unit (excluding plain or painted). 4. Integrally colored and exposed aggregate precast concrete panels (excluding single-T or double-T panels, plain, uncolored, or raked finish) or specially designed, cast-in-place concrete. 5. Glass, architectural metal, fiberglass and aluminum, provided such panels are factory fabricated and finished with a durable nonfade surface and their fasteners are of a corrosion- resistantdesign. 6. Stucco, E.I.F.S., and other cementitious coating. 7. Wood, provided the surfaces are finished for exterior use or wood of proven exterior durability is used, such as cedar, redwood, and/or cypress. 8. Other materials determined as acceptable by the planning department. c. Major exterior surfaces that are adjacent to any public street, public trail/path, or adjacent residentially zoned properties shall be of one of the acceptable materials and shall be combined with at least 30 percent of one or more acceptable materials, or with 40 percent punched openings, with or without glass (or as much as allowed by the Uniform Building Code, whichever is less), neither of which are to be concentrated in any one location, unless to accentuate a design feature. Major exterior surfaces that are visible from but not adjacent to any public street, public trail/path, or adjacent residentially zoned properties shall be considered transition walls and may have less than the 30 percent combination or less than 40 percent punched openings, but either shall not be reduced to zero percent). Reductions below 20 percent shall require staff approval. Such walls shall be screened from view with additional landscaping. The requirement to have at least 30 percent of one or more acceptable materials shall not apply to the loading dock wall. Major exterior surfaces that are adjacent to any public street, public trail/path, or adjacent residentially zoned properties shall not exceed 160 feet zero inches in length without a minimum four-foot depth change (recesses, protrusions, or a combination thereof), with at least two feet of such change to be in the entire height of the facade. e. Alternatively, exterior wall surfaces are to be designed with architectural interest through multiple design techniques such as, but not limited to, architectural forms, reveals, textures, cornice detailing, changes in surface planes, color, punched openings and/or changes in parapet elevations. The use of design techniques alone or lower percentage of additional acceptable materials noted in subsection (e)(4)c. of this section shall require site plan review and approval by the city planning commission. f. The building shall be designed so as to prevent the appearance of straight, unbroken lines in the horizontal and vertical surfaces. g. Main entrances shall be emphasized with a complementary material which is different from the primary building material. h. Garage doors shall have a color that matches or coordinates with the building's primary body color. i. The building shall be designed to screen equipment located on the roof of the building. Alternatively, such equipment shall be located in such a manner so that it cannot be seen from the adjacent public street, public path/trail, or adjacent residentially zoned property at the same elevation of the first floor of the building. (5) Landscaping. Notwithstanding the provisions of subdivision IV of division 5 of this article, the following requirements shall be met: Of the total number of overstory trees required, a minimum of 25 percent shall be ornamental trees and 25 percent shall be conifer trees. b. A landscaping credit of up to 25 percent may be given to a site plan which contains exterior sculptures, fountains, ponds beyond those required for storm drainage and other site enhancements as approved by the building and zoning administrator. c. Underground irrigation shall be installed within the front yard and all landscaped areas adjacent to a public right-of-way. ~::.f~tfrt~ G CT#1tr?C# f~C .~r``?ftif ~:~ ~G~f~ L~C~~aff i~~~ !'~r~ ~e~. ?~}° ~~~... tf_~ I~t ~hk4FC.~` c:,C~t~~ri`t~rGt~l ~f~~f fct. (a) Purpose. The purpose of the C-3 highway commercial district is to recognize the need for commercial establishments on or serving with immediate access to major highways. Permitted land uses should take advantage of the highway access in a manner which other business districts are not afforded. In addition to retail and commercial uses, quasi-industrial and wholesale enterprises that do not meet an industrial setting and have considerable customer contact are acceptable in the highway commercial district. (b) Permitted uses. Permitted uses in the C-3 district are as follows: (1) Business and professional offices. (2) Retail shops and stores. (3) Personal service establishments. (4) Nurseries, produce markets, and garden centers, which may include outdoor display. (5) Convenience stores. (6) Public parks. (7) Financiallnstitutions. (8) Sale of firearms. (g) Class I restaurants. (10) Class II restaurants. (c) Accessory uses. Accessory uses in the C-3 district are as follows: (1) Signs as permitted in sec~ian 30-851 et seq. (2) Off-street parking facilities. (3) Off-street loading facilities. (4) Telephone booths: (5) Private recreational facilities. (6) Public shelters and essential services. (d) Conditional uses. Conditional uses in the C-3 district are as follows: (1) Enclosed light manufacturing with related retail sales. (2) Car, RV and marine sales. (3) Nonprofit clubs, lodges, or halls. (4) Licensed day care facilities. (5) Institutional uses. (6) Equipment rental businesses. (7) Commercial recreational, indoor. (8) Commercial recreational facilities, indoor. (9) Shopping centers. (10) On-sale liquor establishments. (11) Governmental buildings and facilities. (12) Veterinary clinics. (13) Carwashes. (14) Reserved. (15) Motor vehicle service stations. (16) Motor vehicle specialty shops. (17) Sauna establishments. (18) Physical recreation or training greater than 5,000 square feet in size. (19) Pawnshops (250-foot setback from any residential zone and 500-foot setback from schools, parks, day care centers, churches and other pawnshops, measured from the property line). (20) Hotels and motels. (21) Reserved. (22) Development of property within 50 feet of the wild and scenic river district. (23) Ministorage, provided that the use is on unplatted land outside the urban service district. (24 Dry cleaning establishment. (25) Governmental offices. (26) Commercial recreation, outdoor. (27) Physical recreation or training. (e) Architectural standards. No provision of scciioi ~ 30-938 except subsection 3u-S'38(2) pertaining to building finish and subsection 30-938(3) pertaining to roofs applies to this district. dec. 30-1292. - I-1 light industrial district. (a) Purpose. The I-1 district shall serve as a transition between more industrial uses and residential and other business uses. This district is appropriate for manufacturing, warehousing, and similar industrial uses because of access to warehousing, thoroughfares, the full complement of urban services such as sewer and water, and distance from residential districts. These areas are intended to encourage the development of industrial uses which are clean, quiet, and free of hazardous or objectionable elements such as noise, odor, dust, smoke, glare, or other pollutants. These industries shall be compatible with each other and with surrounding land uses. (b) Permitted uses. Permitted uses in the I-1 district are as follows: (1) Offices. (2) Warehouses. (3) Research/design facilities. (4) Wholesale businesses. (5) Medical, dental, and optical labs. (6) Light manufacturing. (7) Water/sewage treatment, municipality owned and operated, and provided written notice must be sent to all property owners within 350 feet. (c) Accessory uses. Accessory uses in the I-1 district are as follows: (1) Retail sales, provided: a. The retail sales activity is not located in an administrative office facility, but is located within a business, the principal use of which is not commercial sales. b. The retail sales activity does not occupy more than 15 percent of the gross floor area of the occupied quarters. c. The retail sales activity is accessory to the principal use. d. No sign identifying the retail sales is visible from the outside of the building. (2) Signs as permitted in ~~c~io~~ ~0-.~,5'i et seq. (d) Conditional uses. Conditional uses in the I-1 district are as follows: (1) Outdoor storage area accessory to principal use. (2) Single-family residential dwelling units accessory to principal uses, provided that: a. The nature of the principal use of the property makes it necessary or highly desirable from both the property owner's and the city's perspective to have a 24-hour-a-day caretaker or security person reside on the property. b. The proposed dwelling unit is designed for and will be used exclusively by caretakers or security personnel responsible for the security of the property and the principal use thereof. c. The proposed building unit will be occupied by no more than two persons, neither of whom may be under 18 years of age. d. There will be only one dwelling unit per lot or, if one principal use is located on several adjoining lots, per principal use. e. The proposed dwelling unit will not exceed 800 square feet in size and will be located within a building serving the principal use of the property which is no less than 10,000 square feet in size. f. The principal use of the property is not of such a nature that it would be dangerous or hazardous to residents of the proposed dwelling unit. g. The proposed dwelling unit meets all other requirements of this Code and Minnesota Uniform Building Code for occupancy as a dwelling unit by a single family. The city council may, if it finds it necessary to do so for the protection of the health, safety and welfare of persons who may occupy the proposed dwelling unit, impose additional reasonable requirements or conditions on the construction and use of the dwelling unit. h. The conditional use allowing such a dwelling unit in an industrial zone is deemed to be unique to the principal use of the property and the ownership of the property and the principal use. Any conditional use permits granted under this section shall therefore automatically expire if the principal use of the property changes or the ownership of either the property or the principal use of the property changes. (3) Recycling processing centers. (4) Bottling and distribution. (5) Government buildings and facilities. (6) Broadcasting studios and facilities. (7) Truck and implement sales. (8) Commercial kennels (indoor). (9) Bus storage. Not to exceed ten buses, unless the property has direct access to an arterial or collector street. (10) Dry cleaning establishment. (11) Governmental offices. (e) Architectural standards. No provision of s~~uo,~ ~~-~:~ except subsection 3+~`-9~~(2) pertaining to building finish and subsection ~0-93(3) pertaining to roofs applies to this district. i / ~ %~~ ,Z 'c~3 / ~' / I ~:'v: Q hti -z ___ 1 G ~a r -~ I :¥ / . ~ / - L ~` ~ ~~~ I ads I / / ~~ / ~~\ / ~ L i .. x~ W ,_ ~ / / - ~ 1 ~ W . ~'' ' ~ ^ I ... ~ N ~ P.,,..P.,,sva.,w~, ' ~ i N~~ `i ~ , :• • ~ rx ~ n ~ ~ ~ 5/lKb y _A ..~ L qi ~V F . r ~ S ~---.A?•=N___ 8, ~ i y ~ i I E / I ~ 3u ~ Q . 1 ; ` o ' \ ' 1 1 i ` f n I ~ _~ ~ _~_3 ~ ~ R ' Y) ~ ..J ,. % _...e~~~le i.ra~sm x- .,.. 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S 59~. ~ ^. _ e/ p•`g 16 SW J~/ ~ ~ o/ C fN~ , n J•j4` `r/ - 1'f _--- ~ - RESOLUTION NO. 12- CITY OF ELK RIVER A RESOLUTION GRANTING FINAL PLAT APPROVAL FOR: Natures Edge Business Center Case No. P 12-02 WHEREAS, application has been made for final plat approval, pursuant to Section 30-392 of the Elk River City Code of Ordinances, of the property legally described on attached Exhibit A and hereinafter referred to as "the Propert~~"; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELK RNER, as follows: 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 provision 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. 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. This final plat approval shall expire one year from the date of this resolution if the final 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 16`" day of July. 2012. John J, Dietz, Mayor ATTEST: Tina Allard, City Clcrk N:\Departments\Community Development\Planning\Case Files\Plat\P 12-02 Elk Ricer EDA-Natutes Edge\final plat resoludon.docsPage 2 EXHIBIT A Legal Description: Outlots A, B and C, GATEWAY BUSINESS PARK, Sherburne County, MN N:\Departments\Community Development\Planning\Case riles\Plat\P 12-02 F.,lk River FDA-Natures Edge\final plat resolution.docsPage 3 EXHIBIT B 1. Access control shall be deeded to MnDOT from Outlot B. 2. The development shall meet all applicable fire codes. The Fire Chief shall verify the location of all fire hydrants, and may require additional hydrants necessary to preserve the health and safety of the residents. 3. A wetland buffer of 25 feet applies to all wetlands and a structure setback of 20 feet from the buffer applies. An exhibit shall be prepared and included in the literature provided to potential buyers. 4. Wetland boundaries shall be posted in a manner acceptable to the environmental administrator. 5. In addition to the easements shown on the preliminary plat, the following easements shall be provided: a) A 25-foot easement adjacent to the outside edge of delineated wetlands to note, preserve and protect the required no-touch buffer. b) A 20-foot pedestrian easement adjacent to the 25-foot easement on the outside edge of the delineated wetlands to provide for the future construction of a pedestrian amenity. 6. A NPDES permit is required prior to final approval of construction drawings. 7. 34 shade trees shall be added along the trail on the east side of Twin Lakes Road. 8. Park dedication shall be provided in the following manner: a) In the form of cash for 19.12 acres lots at the rate applicable at the time of Final Plat approval. (Currently $2,485 per acre) 9. All required subdivision/park information shall be provided in an electronic format (.dwg file) as required by the City Ordinance and Land Use Application prior to recording of the plat. 10. This approval of the Preliminary Plat shall expire after 1 year, unless the property owner or owner's agent has submitted a Final Plat or letter of request for extension. N:\Departments\Community Der-elapment\Planning\Case Piles\Plat\P 12-OZ Glk Ricer LDA-Natures Edge\final plat resolution.docxPage 4 ORDINANCE 12 - _ CITY OF ELK RIVER AN ORDINANCE AMENDING THE CITY OF ELK RIVER ZONING MAP TO REZONE CERTAIN PROPERTY FROM LIGHT INDUSTRIAL AND HIGHWAY BUSINESS TO BUSINESS PARK AND HIGHWAY BUSINESS CASE NO. ZC 12-03 The City Council of the City of Elk River does hereby ordain as follows: Section 1. That the duly adopted Zoning Map of the Ciry of Elk River is hereby amended to rezone the property described on attached Exhibit A from Light Industrial (I-1) and Highway Business (C-3) to Business Park (BP) and Highway Commercial (C-3) as shown on Exhibit B. Section 2. That the rezoning approved by this Ordinance is based on the following findings: 1. THE REZONING IS CONSISTENT WTH THE CITY OF ELK RIVER LAND USE PLAN ADOPTED AS PART OF THE CITY OF ELK RIVER COMPREHENSIVE PLAN. Section 3. That this Ordinance shall take effect and be in full force from and after the date of its publication. Passed and adopted this 16th day of July, 2012 by the Ciry Council of the City of Elk River. John J. Dietz, Mayor ATTEST: Tina Allard, City Clerk c:\users\jmiller\appdata\local\microsoft\windows\temporary Internet files\content.ie5\lx7zerlm\ordinance.docs Exhibit A The plat of Natures Edge Business Center c:\users\jmiller\appdata\local\microsoft\windows\temporary Internet files\content.ie5\ lx7zerlm\ordinance.docx Exhibit B ,' '~.Y 1' .} 1 i c:\users\jmiller\appdata\local\microsoft\windows\temporary Internet files\content.ie5\ lx7zerlm\ordinance.docx RESOLUTION 12 - RESOLUTION FOR THE CITY OF ELK RIVER A RESOLUTION FOR VACATING ROAD RIGHT-OF-WAY Case No. EV 12-01 WHEREAS, the applicant has requested the City Council in a petition dated May 26, 2012, to vacate such easements according to law; and, WHEREAS, a public hearing was held on July 16, 2012, before the Ciry Council at the Elk River City Hall on such petition after due published and posted notice had been given and all persons interested were given an opportunity to be heard; and, WHEREAS, the right-of--way was recorded on the plat of Gateway Business Park. Gateway Business Park has since been replatted as Nature's Edge Business Center and the road right- of-way is no longer required in this location. NOW, THEREFORE, BE IT RESOLVED that such petition is hereby granted and the easement described as follows is hereby vacated: Exhibit A Adopted by the Elk River City Council this 16`h day of July, 2012. ATTEST: John J. Dietz, Mayor Tina Allard, City Clerk RESOLUTION 12 - RESOLUTION FOR THE CITY OF ELK RIVER A RESOLUTION FOR VACATING A DRAINAGE AND UTILITY EASEMENT Case No. EV 12-01 WHEREAS, the applicant has requested the City Council in a petition dated May 26, 2012, to vacate such easements according to law; and, WHEREAS, a public hearing was held on July 16, 2012, before the City Council at the Elk River City Hall on such petition after due published and posted notice had been given and all persons interested were given an opportunity to be heard; and, WHEREAS, the easement as currently written was a rccorded on the plat of Gateway Business Park. Gateway Business has since been replatted as Nature's Edge Business Center and the easement is no longer required in this location. NOW, THEREFORE, BE IT RESOLVED that such petition is hereby granted and the easement described as follows is hereby vacated: Exhibit A Adopted by the Elk River City Council this 16`h day of July, 2012. John J. Dietz, Mayor ATTEST: Tina Allard, City Clerk