7.5. SR 01-21-2014 City of
Elk - Request for Action
River O.
To Item Number
Mayor and City Council 7.5
Agenda Section Meeting Date Prepared by
Public Hearinj 2 1, 2014 Chris Leeseber ,Park Planner- Planner
Item Description Reviewed by
BWB Holdings,LLC/ERX Properties,LLC, Case Jeremy Barnhart,Deputy Director, CODD
No. P 13-04 Reviewed by
a. Preliminary Plat Cal Portner, City Administrator
b. Resolution for Final Plat
Action Requested
Approve,by motion,the Preliminary Plat with the following conditions:
1. Access control shall be dedicated from Lot 1,Block 1.
2. No increase in storm water onto MnDOT right of way
3. Any access to Highway 169 shall be approved by MnDOT.
4. Except for the north 100' of the west property line of Lot 1 Block 1, as indicated on the plat,
Highway 169 access to and from the plat shall be limited to Outlot C.
5. A variance (V13-10) will need to be recorded prior to the plat being recorded.
6. The development shall meet all applicable fire codes.
7. 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.
8. Wetland boundaries shall be posted in a manner acceptable to the city.
9. A 25-foot easement adjacent to the outside edge of delineated wetlands to note,preserve and protect
the required no-touch buffer.
10. A NPDES permit is required prior to final approval of construction drawings.
11. All required subdivision/park information shall be provided in an electronic format (.dwg file) as
required by city ordinance and land use application prior to recording of the plat.
12. 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.
13. The Surface Water Management Fee for 12.75-acres (the undeveloped portion of the new ERX site),
minus the area of delineated wetlands,in the amount required by the city at the time of final plat
release shall be paid prior to releasing the plat for recording. Current 2014 rate is $1,287/acre.
14. Necessary drainage and utility easements shall be dedicated on the plat as required by the city.
15. Grading and erosion control plan and development plan be submitted and approved by the city
engineer prior to the issuance of building permits.
16. Park dedication shall be provided in the following manner:
a. In the form of cash for 12.75-acres (the undeveloped portion of the new ERX site),minus
the area of delineated wetlands, at the rate applicable at the time of Final Plat approval.
The current 2014 industrial rate is $2,485 per acre.
Adopt,by motion and resolution,the final plat,with the same conditions.
P a w E A E U s r
NaA f RE]
Background/Discussion
The applicant is proposing platting parcels from the existing"Aggregate Commercial"plat into a new plat
(Aggregate Commercial 2nd) containing one lot and three oudots.
The new plat will be a combination of the existing plat,with rearranged property lines, and additional
property. The three oudots will need to be platted prior to development. Lot 1,Block 1 is 26.02 acres,
and 26.02-12.75 acres of that lot is `developed'by ERX. The undeveloped portion of the 12.75 acres is
responsible for unpaid park dedication and surface water management.
ERX's interim use permit will expire upon recording of the plat. Oudot C reflects the preferred short
term location of an access drive intersection with Highway 169. The plat does not impede the ability to
plan for future growth.
Planning Commission
The commission reviewed the preliminary after the Board of Adjustments approved a variance for lot size
and lot width for two oudots (B and C) in the plat.
The applicant indicated they have been working with staff on clarification on a few of the conditions.
The recommended conditions reflect these discussions.
Other than the applicant,no one spoke at the public hearing for or against the proposal.
The Planning Commission had no concerns with the requested proposal and unanimously recommended
approval of the preliminary plat.
Financial Impact
None
Attachments
• Planning Commission Memo dated January 14, 2014
• Final Plat
• Resolution
N:\Public Bodies\Agenda Packets\01-21-14\Final\x7.5 sr BWB Holdings Prelim Plat.docx
J
Cit �r
Request for Action
Rive
To Item Number
Planning Commission 14.4
Agenda Section Meeting Date Prepared by
Planning Items January 14,2014 Chris Leeseber ,Park Planner-Planner
Item Description Reviewed by
Request by BWB Holdings,LLC/ERX Properties, Jeremy Barnhart,Deputy Director, CODD
LLC for Preliminary/Final Plat Approval Reviewed by
Case No. P 13-04
Action Requested
Recommend,by motion,approval of the Conditional Use Permit (CUP) with the following conditions:
1. Access control shall be dedicated from Lot 1, Block 1.
2. No increase in storm water onto MnDOT right of way
3. Any access to Highway 169 shall be approved by MnDOT.
4. Highway 169 access to and from the plat shall be limited to Oudot C.
5. A variance (V13-10)will need to be recorded prior to the plat being recorded.
6. The development shall meet all applicable fire codes.
7. 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.
8. Wetland boundaries shall be posted in a manner acceptable to the City.
9. A 25-foot easement adjacent to the outside edge of delineated wetlands to note,preserve and
protect the required no-touch buffer.
10. A NPDES permit is required prior to final approval of construction drawings.
U. 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.
12. 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.
13. Surface water management fee in the amount required by the city at the time of final plat
release be paid prior to releasing the plat for recording. Current 2009 rate would be
$1,112/acre.
14. The necessary drainage and utility easements be dedicated on the plat as required by the
city.
15. Grading and erosion control plan and development plan be submitted and approved by the
city engineer prior to the issuance of building permits.
16. Park dedication shall be provided in the following manner:
a. In the form of cash for 12.75-acres (the undeveloped portion of the new ERX site) at
the rate applicable at the time of Final Plat approval.
N"' Aa TUREJ
Background/Discussion
The applicant is proposing platting parcels from the existing"Aggregate Commercial"plat into a new plat
(Aggregate Commercial 2'd) containing one lot and three outlots. The new plat will be a combination of
the existing plat,with rearranged property lines, and additional property.
The request for the platting of the parcels is to address a number of ongoing challenges with area
properties which have complicated the sale of these parcels. Additionally, the proposed plat and internal
access agreements responds to access and circulation requirements of the property owners, City, and
MnDOT. MnDOT installed improvements at the 215th alignment (Outlot C) to serve the area.
Aggregate Commercial (existingplat)
The existing plat consists of three outlots,none of which are buildable.
Aggregate Commercial 2nd (proposed plat)
The proposed plat consists of one buildable lot and three oudots. The current ERX facility will be
located on Lot 1 Block 1,which would become larger than the current ERX site. The three oudots are
not being proposed for any uses at this time. Future mining activities could happen on Outlot A. The
ERX interim use permit will expire at the recording of the final plat.
Oudot C is the area designated for temporary access to all of the properties in the area. Oudot C is
located where MnDOT wants the access and where they installed improvements in 2012.
Lot Dimensions
Two of the proposed lots (Outlots B&C) do not meet the minimum lot size requirements or the required
frontage for the zoning district (Commercial Reserve District-CRT). A variance (V 13-10) is being
considered to allow these lots to be less than the zoning requirements. If the variance is not approved,it
is appropriate to deny the plat as the lots do not meet the minimum required lot size.
Wetlands/easements
Outlot A includes a number of wetlands. Because oudot A is not buildable, and formal platting would
need to occur prior to construction, the wetlands will be delineated on the plat at that time. No wetlands
or easements are indicated on the proposed lot 1,block 1; a condition is recommended to amend the plat
to reflect these features.
Park Dedication
Park dedication is not required for the developed portion of the lot 1,block 1, the existing ERX site.
Park dedication for the `undeveloped'portion of the new ERX site will require park dedication. The
three outlots will be subject to park dedication fees in the future.
Financial Impact
None
Attachments
• Location Map
• Applicants Narrative
• Aggregate Commercial (existing plat)
• Aggregate Commercial 2nd (proposed preliminary and final plat)
N:\Departments\Community Development\Planning\Case Files\P\P 13-04 Aggregate Commercial 2nd\P 13-04 sr Agg Comm 2nd 1-14-14.docx
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To : The City of Elk River—City Council Members & Planning Commission
Attn: Jeremy Barnhart Jan. 3, 2014
RE: Aggregate Commercial 2"d Add. Plat MA
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Over the past 3 years BWB, ERX, MnDOT, &the City have been i {
discussing solutions for the collection of parcels on the east side of
Hwy. 169 near the existing 217th Avenue. We are pleased to present OF] ,
the plat before you and believe it represents an opportunity to solve a
number of ongoing challenges which ultimately lay the basis for good
long-term planning of the area.
Existing Conditions&The Plat:
The parcels are zoned commercial reserve/transition and are within
the aggregate mining overlay district.
The plat includes 4 existing parcels which are proposed to be replatted - :
into 1 lot &3 outlots. Two of the outlots (Outlot B & C) relate to the ------
preferred MnDOT connection at the future 215th Ave.
Parcel 3
Existing Access to Hwy. 169:
Parcel 2
The properties currently access Hwy. 169 via 2 unimproved points— outiot
A
217th (gravel right-in/right-out) and a pre-existing driveway at 215"'. Parcels
MnDOT Improvements&Access:
Much of the driving force behind this plat relates to MnDOT's
preferred access location for the area (the future 215th Ave. as shown C
as Outlot C on the plat). In the past, MnDOT has allowed R
limited/restricted use of 217th, but has not supported commercial use
at this location due to sight-lines& elevations. In 2012 based on AGGREGATE COMMERCIAL 2\DA.DD1Tjc:rl
discussions with the applicants &the City, MnDOT installed partial
improvements to the intersection at the future 215th Ave. in ±�
anticipation this connection point would be utilized as a primary r='-----..•--
access point for parcels in the area.
Outlot C would connect to an existing North-South easement. y. �...
L B7
Necessity& Benefits of the Variances:
The variances being requested are for Outlot C and Outlot B. The 0 4°
existing parcel is approx. 5.5 acres. Outlot C is the proposed access i p
t" Ln
point &future right of way area at new 215th Ave. Outlot B is approx.
3 acres. The area of the existing parcel north of outlot C would be --
incorporated into Lot 1.
Based on discussions with MnDOT&the City,we believe approval of this plat is an opportunity to solve a number of
ongoing challenges which ultimately lay the basis for good long-term planning of the area:
1. The necessity of Hwy. 169 access at the future 215"'Ave.was determined by MnDOT as preferred location.
They've installed improvements in support of this future connection. Concurrently,they modified the existing
217`h Ave.to a right-in/right-out access.
2. The existing underlying parcel related to Outlots B&C is currently a non-conforming lot due to size. While
outlot B&C do not meet existing size/frontage zoning,they do not impede future development. The variances
related to these outlots are an important 15`step in laying the foundation for future access planning of the area.
Additionally,Outlot C provides a connection to the existing 100'wide North-South easement.
3. The plat contains 4 existing parcels. The number of parcels proposed by the plat remains the same at 4 parcels
(1 Lot&3 Outlots).
We are pleased to present the plat before you and appreciate your support.
Brent Hislop
Synergy Land Company
(612)590-0811
brent.hislop@SynergyLandCompany.com
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City of
Elk
River
Resolution 14-
A Resolution of the City of Elk River Granting Final Plat Approval for
Aggregate Commercial 2nd
Case No. P 13-04
WHEREAS, an 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, the application for preliminary plat approval has been referred to the
Planning Commission which has given its advice and recommendation to the City Council;
and
WHEREAS, a preliminary plat of The Property was approved by the City Council on
January 21, 2014; 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 Zoning Ordinance and
conforms to 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 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 subdivision makes adequate provision for water supply, storm
drainage, sewage transportation, erosion control and all other services,
facilities and improvements otherwise required herein.
F0WIRIO 0 Y
1`4 U
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.
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
final plat is not recorded within that time.
Passed and adopted this 215`day of January 2014.
John J. Dietz,Mayor
ATTEST:
Tina Allard, City Clerk
P O W E R E D 0 Y
1`4 U
EXHIBIT A
LEGAL DESCRIPTION
Outlot C,Aggregate Commercial
and
The North Half of the Southeast Quarter of Section 10,Township 33, Range 26, Sherburne,
County,Minnesota
All that part of the East Half of the Southwest Quarter of Section 10,Township 33 North,
Range 26 West, described as follows:
Commencing at the Northeast corner of the Southeast Quarter of the Northwest Quarter of
said Section 10;thence South (assumed bearing) along the North and South Quarter line of
said Section 10, a distance of 2,099.40 feet for point of beginning; thence continue South on
said Quarter line a distance of 547.81 feet, thence North 87 degrees 50 minutes 27 seconds
West a distance of 409.35 feet to the Easterly right-of-way line of S.T.H. No. 169; thence
North 08 degrees 46 minutes West along said right-of-way line a distance of 362.60 feet;
thence North 89 degrees 30 minutes East a distance of 66.69 feet; thence North 08 degrees
46 minutes West a distance of 171.75 feet; thence North 89 degrees 30 minutes East a
distance of 423.83 feet to the point of beginning.
And
The Southeast Quarter of the Northwest Quarter lying East of Highway No. 169, Except
the North 1099.4 feet thereof; and the Northeast Quarter of the Southwest Quarter lying
East of Highway No. 169; all in Section 10,Township 33, Range 26, Sherburne County,
Minnesota.
EXCEPT
All that part of the East Half of the Southwest Quarter of Section 10,Township
33 North, Range 26 West, described as follows:
Commencing at the Northeast corner of the Southeast Quarter of the Northwest
Quarter of said Section 10; thence South (assumed bearing) along the North and
South Quarter line of said Section 10, a distance of 2,099.40 feet for point of
Beginning; thence continue South on said Quarter line a distance of 547.81 feet;
thence North 87 degrees 50 minutes 27 seconds West a distance of 409.35 feet
to the Easterly right-of-way line of S.T.H. No. 169; thence North 08 degrees 46
minutes West along said right-of-way line a distance of 362.60 feet; thence North
89 degrees 30 minutes East a distance of 66.69 feet;thence North 08 degrees
46 minutes West a distance of 171.75 feet; thence North 89 degrees 30 minutes
East a distance of 423.83 feet to the point of beginning.
P O W E R E D 0 Y
1`4 U
EXHIBIT B
CONDITIONS OF APPROVAL
Approve by resolution the final plat for Aggregate Commercial 2nd, subject to the following
conditions.
1. Access control shall be dedicated from Lot 1, Block 1.
2. No increase in storm water onto MnDOT right of way
3. Any access to Highway 169 shall be approved by MnDOT.
4. Except for the north 100' of the west property line of Lot 1 Block 1, as indicated on the
plat, Highway 169 access to and from the plat shall be limited to Outlot C.
5. A variance (V13-10) will need to be recorded prior to the plat being recorded.
6. The development shall meet all applicable fire codes.
7. 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.
8. Wetland boundaries shall be posted in a manner acceptable to the city.
9. A 25-foot easement adjacent to the outside edge of delineated wetlands to note,
preserve and protect the required no-touch buffer.
10. A NPDES permit is required prior to final approval of construction drawings.
11. 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.
12. This approval of the preliminary plat shall expire after 1 year, unless the property
owner or owner's agent has submitted a final flat or letter of request for extension.
13. A Surface Water Management fee for 12.75-acres (the undeveloped portion of the new
ERX site), minus the area of delineated wetlands, in the amount required by the city
at the time of final plat release be paid prior to releasing the plat for recording. The
current 2014 rate is $1,287/acre.
14. The necessary drainage and utility easements shall be dedicated on the plat as
required by the city.
15. Grading and erosion control plan and development plan be submitted and approved
by the city engineer prior to the issuance of building permits.
16. Park dedication shall be provided in the following manner:
a. In the form of cash for 12.75-acres (the undeveloped portion of the new ERX
site), minus the area of delineated wetlands, at the rate applicable at the time
of final plat approval. The current 2014 industrial rate is $2,485 per acre.
P O W E R E D 0 Y
1`4 f U