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9.1. SR 02-03-2014 City of Elk Request for Action River To Item Number Mayor and City Council 9.1 Agenda Section Meeting Date Prepared by Worksession February 3, 2014 Jeremy Barnhart,Deputy Director, CODD Item Description Reviewed by Plat of Jabez Park Dedication Fees Cal Portner, City Administrator Reviewed by Action Requested Review information and direct amendments as desired. Background/Discussion At the January 21, 2014, meeting, Council questioned the application of park dedication fees for the proposed Aggregate Commercial 2nd Addition. Park dedication fees were applied to the new plat consistent with what was directed by the Council in 2006, for the Plat of Jabez. This memo is intended to provide additional background and clarify the concerns. In 2006, the property owner of the Elk River Ford car dealership proposed a plat combining several unplatted parcels into three lots, a 17.73 acre lot for the car dealership, and two outlots. Payment of park dedication fees for oudots is due when platted as outlots, by definition, are not developable. At that time,the applicant convinced the Council that park dedication fees are due only to the undeveloped portion of the plat, or for the 8.05 acres not part of the already operating Elk River Ford dealership. This was inconsistent with past practice. In Cornerstone's case, 9.68 acres were developed as the Elk River Ford car dealership. ERX operates a recreational vehicle amusement facility on Highway 169, and received an Interim Use Permit in 2009. The parcel on which ERX operates is unplatted and is proposed to be combined with portions of other parcels as part of the Aggregate Commercial 2nd Addition. Staff applied park dedication fees to the portion of the lot 1, block 1 that was added to the ERX site. In the ERX case,this is 12.75 acres of their proposed 26.02 acre lot. It is expected that park dedication fees will be reviewed as part of the Park Master Plan,though this is likely to occur later in the summer. The Council should direct staff to initiate amendments if changes are desired prior to the Park Master Plan review. Financial Impact N/A Attachments • Park Dedication Ordinance Section (30-327) • Staff Report to Planning Commission P a w E A E U s r NaA f RE] • Planning Comnussion Minutes 4-11-06 • Staff Report to City Council • City Council Minutes 4-17-06 • Staff Report to City Council 11-19-12 • Graphic Showing Developed and Undeveloped Portions of the Two Projects N:\Public Bodies\Agenda Packets\02-03-14\Cal Done\Done\x9.1 sr plat of jabez park dedication information.docx Sec. 30-327. Dedication of land or contribution of cash for public purpose. (a) Dedications for park purposes required. In every plat, replat or subdivision of land to be developed for residential, commercial, or industrial uses, or as a planned unit development which includes such uses or any combination thereof, it is reasonable to require that an amount of land equal in value to ten percent of the undeveloped land proposed to be subdivided shall be set aside and dedicated by the tract owner or owners to the city for parks, playgrounds, trails, or public open space. (b) Cash contribution in lieu of land dedication. If the city council, in its sole discretion, determines that the land proposed to be dedicated is unsuitable for parks, then the tract owner shall contribute to the city, in lieu of park land dedication, an amount of cash not to exceed the fair market value of the undeveloped land required to be dedicated, as the city council shall determine by resolution from time to time. (c) Replatted residential property. Previously platted residential property on which park dedication has not been received by the city, being replatted with the same number of lots and the same number of dwelling units, shall be exempt from all park land dedication requirements. If the number of lots or the number of dwelling units is increased, then park dedication shall be made based on the number of additional lots or the number of additional dwelling units. (d) Replatted commercial or industrial property. Prior platted commercial and industrial land on which park dedication has not been received by the city, being replatted with the same land area, shall be exempt from all park dedication requirements. If land area is being added to a previously recorded plat, then additional park dedication requirements shall be based on the additional land being added. (e) Use of cash contributions. Any monies paid to the city in lieu of park dedication shall be placed in a special fund and used only for the acquisition of land for parks, playgrounds, trails, and public open space; for the development of such areas and sites; and for debt retirement in connection with land previously acquired or developed for such public purposes. Any monies specifically paid to the city for trails shall be used only for the acquisition of land for trails and for the development of such land. (f) Determination of fair market value of land. For purposes of this section, the term "fair market value of the undeveloped land" is defined as the fair market value of the land within such plat, replat, or subdivision as of the date the plat, replat, or subdivision is presented to the city council for approval of the final plat, as determined by the city in the same manner as the county assessor determines the fair market value of land for tax purposes. (g) Dedications for purposes other than parks. In addition, in every plat, replat, or subdivision of land, the land required for public streets, regional stormwater holding ponds and wetlands shall be set aside and dedicated on the plat by the owners to the city for these purposes. These areas will not be credited towards park dedication requirements. (h) Criteria for determining suitability of land. The suitability of land proposed to be dedicated for park and recreational purposes shall be determined by reference to the following criteria: (1) Whether the land is reasonably located and suited for its intended use. (2) Whether the land has frontage on public or private roads as determined by the city. (3) Size, shape, topography, geology, hydrology, tree cover, access, and location. (4) Consistency with the goals and objectives of the master park and recreation plan. (i) Improvements to dedicated land. As part of the subdivision or plat approval, the tract owner shall be responsible for making certain improvements to land dedicated for park, trail and public open space purposes, including, but not limited to, finish grading, ground cover, construction of trails and clearly identifying park and trail boundaries with city-approved markers. 0) Credit for construction of recreational facilities. Park dedication credit shall not be granted for the construction of recreational facilities unless specifically approved by the city council. The submission for review by staff and the park and recreation commission shall include an estimate of installation costs, equipment specifications and a site plan. The park and recreation commission shall review such improvements for appropriateness with the park and trail master plan. (k) Consultation by developer with city staff. As part of the application procedure at the time of submitting the preliminary plat, the tract owner is encouraged to confer with city staff and the park and recreation commission to secure a recommendation as to the location of any property that should be dedicated to the public for park and recreation purposes. (1) Survey required. As part of any park dedication of land, a survey at a scale of one inch equals 50 feet shall be provided with topographic data, based on city datum, including contours at vertical intervals of at least two feet, watercourses, wetlands, marshes, rock outcrops, easements, utilities and vegetative data. This data shall also be provided in a format which is readable by Arc View7rm GIS. Portions of any property dedicated to the public for park and recreation purposes to be used for borrow and fill activities elsewhere in the development shall be clearly identified. Item # �i city of Elk Rive MEMORANDUM TO: Planning Commission FROM: Scott Harlicker, Senior Planner DATE: April 11, 2006 SUBJECT: Case No. LU 06-03, ZC 06-03, P 06-06 and CU 06-06 Request by Elk River Ford for a Land Use Plan Amendment, Zone Change, Preliminary Plat (Jabez) and Conditional Use Permit Request The applicant is requesting the following: • Land Use Plan amendment from LI (Light Industrial) to HB (Highway Business) • Zone change from PUD (Planned Unit Development) to C3 (Highway Commercial) • Preliminary Plat for a single lot subdivision (Jabez) • Conditional use permit to expand the car dealership Location 17219 Highway 10 Zoning/ Land Use C3 (Highway Commercial) and PUD (Planned Unit Development)/ HB (Highway Business) and LI (Light Industrial) 60 Day Rule In order to comply with Minnesota Statute 15.99 (60 - Day Requirement), action must be taken on this request by April 28,2006. In order to comply with the 120 day requirement for the preliminary plat, action must be taken on the plat by June 27, 2006. Planning Department Mission:the orderly development of a livable and sustainable Elk River community. Planning Commission/P 06-06 April 11,2006 Page 2 Attachments • Location Map • Development Plans • Memo from the City Engineer • Narrative from the applicant • Pictures of proposed building materials Overview The conditional use permit is for the proposed expansion of Elk River Ford. They are also platting 7 parcels into one lot with two oudots. The outlots will be final platted at sometime in the future as 4 commercial lots. The land use amendment and zone change involve the area of the future commercial lots along Ulysses Street and 1715`Avenue. The proposed area is bound by Highway 10 to the west,Ulysses Avenue to the east, 173rd Avenue to the north and 1715`Avenue to the south. Of the five properties included in the project, one contains a commercial building and another contains a single family residence that will be removed and the remaining three are vacant. The total project area is 21.82 acres. Analysis Land Use Amendment A portion of the project area has a land use designation of LI (Light Industrial). This was platted as Oudot A,Leon Lefebvre Addition. Since this area is proposed to be incorporated into the overall redevelopment of this area and developed as commercial lots,the land use designation should be changed to HB (Highway Business). The subject property is contiguous with property that is currently guided Highway Business. The proposed amendment will not have an adverse affect on adjacent properties. Zone Change A portion of the project area, Oudot A,Leon Lefebvre Addition,is currently zoned PUD (Planned Unit Development). It was zoned this way when the Lefebvre Trucking Company developed the property across the street. Since this area is proposed to be incorporated into the overall redevelopment of this area and developed as commercial lots,the zoning should be changed to C3 (Highway Commercial) so it is consistent with the rest of the project. The proposed rezoning to C3 is consistent the land use designation of Highway Business. Preliminary Plat The preliminary plat proposes to plat 21.82 acres into one lot and 2 outlots. Lot 1 will be 17.73 acres and include the Elk River Ford dealership. The two outlots will be platted into 4 commercial lots as some point in the future. C:\Users\jbarnhart\Desktop\Park dedication issue 2014\P 06-06PC4-11.doc Planning Commission/P 06-06 April 11,2006 Page 3 Access The existing access points from Highway 10 will be removed. The new access driveways will be off of 171"and 173rd Avenues.Additional access information is included under the conditional use permit. Grading.Drainage and Utility Grading,drainage and utility issues are addressed under the conditional use permit. Park Dedication The Park and Recreation Commission recommended cash to meet the park dedication requirement. These properties have not previously been platted, so as indicated in Section 30-327,they are not exempt from park dedication requirements and will require park dedication for the entire 17.73-acre lot. Outlot A and Oudot B will require park dedication when they are platted. A recent example of this requirement is the Carson Business Center,which consisted of three metes and bounds described properties, one which contained a commercial building and another contained a bill board. These three properties were combined into one plat (Carson Business Center) in which park dedication was paid for the entire plat. The basic intent of park dedication is that all non-platted properties within the city pay their one time share of dedication to fund the acquisition of or improvements to the City's park system. Extension of Preliminary Plat Approval Should the preliminary and final plat for Jabez be approved,the applicant is requesting a 3 year extension of preliminary plat approval for Outlots A and B. The applicant is proposing to final plat the outlots in phases over three years. The subdivision ordinance states that if a plat is to be final platted in phases, failure to submit for final plat for each phase within one year of the previous final plat approval shall cause the preliminary plat to become null and void. The ordinance allows for the extension of the plat approval provided that there is a finding that that good cause exists for the extension of the preliminary plat approval. Staff feels that waiting for the commuter rail station to develop and the City's "Gateway Business Center" to develop are good causes for the extension. Conditional Use Permit Overview The applicant is applying for a conditional use permit to expand the dealership. The expansion includes the following: • Additional 8,000 sq. ft. of showroom C:\Users\jbarnhart\Desktop\Park dedication issue 2014\P 06-06PC4-11.doc Planning Commission/P 06-06 April 11,2006 Page 4 • Additional 12,800 sq. ft. of office • Additional 21,300 sq. ft. of service area • Additional 4,000 sq. ft. of parts area • Additional 10,800 sq. ft. for vehicle drop off and maintenance • Car wash/detail center 7,600 sq. ft. • Additional outside area for display and storing vehicles The existing dealership is 37,800 sq. ft. With the proposed additions,the total square footage will be 97,472 sq. ft. Phasing The applicant is proposing to complete the project in three phases. Phase one will include the following: • All the site work including all paving and curbing,removing the Highway 10 access and constructing the two new access drives, stormwater ponding and signage. • Construction of the carwash/detail center. • The service addition on the south side of the building. Phase two is proposed to be constructed in 2007-08 and will include the additional office space and showroom. Phase three is proposed to be constructed during 2008-10 and will include the parts area and service addition. The area to be completed in phases two and three will be graded and seeded. No parking will be allowed in this area. Section 30-656 of the zoning code states that a conditional use permit will become null and void unless the work described in the permit has been substantially completed within one year. The Council may, following the recommendation by the Planning Commission, extend the approval for a specified time. Since phases two and three of the project will not be completed for 3 to 4 years, staff recommends that the Commission recommend the conditional use permit be extended to 2010. Building Elevations Most of expansion will be on the north side of the building. The only expansion on the south side will be for the service drop off area and a quick lube facility. The west elevation will consist of glass with some metal curtain panels, the existing metal siding will be removed and replaced with the new panels and curtain wall windows. Areas that are not glass or metal will be white decorative pre-cast panels. The material used on the expansion will be comparable to those used in the initial construction. The carwash/detail center will be constructed of white decorative pre-cast panels, similar materials as the main building, and designed in a manner comparable to the original architectural design and general appearance. C:\Users\jbarnhart\Desktop\Park dedication issue 2014\P 06-06PC4-11.doc Planning Commission/P 06-06 April 11,2006 Page 5 Grading.Drainage and Utilities The applicant is proposing to utilize a low impact drainage plan. This method for handling strormwater involves utilizing rain gardens and bio retention ponds, and was one of the goals identified in the City's NPDES permit. The process allows for the stormwater to be filtered through engineered soils, reduces the amount of off-site runoff and allows for reduced on-site ponding and curbing requirements. Sec. 30-901 allows for exemptions from the curbing requirements. Because the applicant is proposing to utilize Low Impact Design techniques to manage stormwater, curb and gutter will only be installed in areas to control runoff and customer traffic. Additional grading, drainage and utility comments are included in the City Engineer's memo dated April 3, 2006. Access and Parkin Access to the site will be provided via two new driveways, one from 1715`Avenue and another from 173rd Avenue. The existing access from Highway 10 will be removed. The access from 173rd will serve as the primary access to the service area,which has its main entrance on the south side of the building. The access from 171"will be the serve as the primary access to the sales area,which has its main entrance on the north side of the building. Sufficient customer parking has been provided for the sales area and service area (60 spaces) and 155 parking spaces are provided for the 41 service stalls. There are 13 parking spaces for the car wash/detail center along with 8 spaces for vacuums. There is stacking space for about nine cars for the car wash. Curb and gutter have been provided where needed to control runoff and direct customer traffic. Landscaping and Lighting The zoning code requires 111 trees be planted. The landscape plan includes 149 trees. The trees are located throughout the site. There is a concentration of evergreens along the east property line to provide a screen from the industrial businesses to the east. Overstory trees will be planted 40—50 feet on center will be planted along Highway 10. The entrances are also lines with maples and ash. Ornamental trees are proposed along 1715`Avenue. All landscaped areas will be irrigated. The site lighting will vary depending on the purpose of the lighting. Parkway style light poles will be used along the entrances. The existing tall poles along Highway 10 will be removed and replaced with more subdued lower profile, about 20 foot tall,poles. These style poles will also be used along 173rd Avenue. Taller, more typical car lot lighting fixtures,will be utilized on the interior of the site. The lighting plan complies with the lighting requirements. SiVnage The applicant is proposing three pylon style freestanding signs along Highway 10. The entrances on 171"and 173rd Avenues will have a permitted 16 sq. ft. area identification signs as additional site signage. The applicant is proposing to move the existing Ford sign to the intersection of 173rd and Highway 10,move the Chrysler/Plymouth sign further south along C:\Users\jbarnhart\Desktop\Park dedication issue 2014\P 06-06PC4-11.doc Planning Commission/P 06-06 April 11,2006 Page 6 Highway 10,remove the Ford Truck sign and replace it with a readerboard/changeable copy style pylon sign. Each of the freestanding signs are proposed to be 200 sq. ft. in size. The zoning code allows one freestanding sign per parcel. However,where a lot has more than 300 feet of street frontage, one additional freestanding is allowed. They may be placed no closer than 150 feet to any other freestanding sign on the same premises. Because the parcel has more than 300 feet of street frontage,the current ordinance allows two freestanding signs. The three freestanding signs along Highway 10 will require a variance. No new or additional wall signage is being proposed at this time. Any future changes to wall signs will have to comply with the C3 signage requirements and will need a sign permit. Recommendation Land Use Amendment Staff recommends that the Planning Commission recommend approval of the proposed land use amendment to change the land use designation from LI to HB based on the following: • The subject property is contiguous with property that is currently guided Highway Business. • The proposed amendment will not have an adverse affect on adjacent properties. • The subject property will be included in future commercial redevelopment of the northwest corner of Ulysses Street and 171"Avenue. Zone Change Staff recommends that the Planning Commission recommend approval of the proposed zone change from PUD to C3 based on the following: • The times and conditions have changed to warrant rezoning the property to C3. • The proposed rezoning to C3 is consistent with the land use designation of Highway Business. • The subject property will be included in future commercial redevelopment of the northwest corner of Ulysses Street and 171"Avenue. Preliminary Plat Staff recommends that the Planning Commission recommend approval of the preliminary plat for Jabez with the following conditions: 1. Additional right-of-way of about 16.5 feet shall be provided along 1715`Avenue in the area of the existing house. 2. The plat shall provide access control along Highway 10 frontage prohibiting access.. 3. Park dedication fee,at the rate applicable at the time of final plat, shall be paid for Lot 1 (17.73 ac.) prior to releasing the plat for recording. Park dedication for Outlots C:\Users\jbarnhart\Desktop\Park dedication issue 2014\P 06-06PC4-11.doc Planning Commission/P 06-06 April 11,2006 Page 7 A and B shall be paid at the time those lots are platted and at the rate applicable at the time they are granted final plat approval. 4. Surface water management fee, at the rate applicable at the time of final plat, shall be paid for Lot 1 (17.73 ac.) prior to releasing the plat for recording. Surface water management fee for Oudots A and B shall be paid at the time those lots are platted and at the rate applicable at the time they are granted final plat approval. 5. The preliminary plat approval shall be extended for 3 years from the date that the Council grants final plat approval. Conditional Use Permit Staff recommends that the Planning Commission recommend approval of the conditional use permit to expand the dealership with the following conditions: 1. All comments of the City Engineer shall be addressed. 2. The project will be completed in phases. • Phase one will include all the site work including all paving and curbing, removing the Highway 10 access and constructing the two new access drives; stormwater ponding; signage; construction of the service addition on the south side of the building,and construction of the carwash/detail center. • Phase two will include the additional office space and showroom. • Phase three will include the parts area and service addition. 3. The area included in phase two and three shall be graded and seeded;no parking will be allowed in this area. 4. Since the project is proposed to be completed in phases,the approval for the conditional use permit shall be extended to 2010. 5. The existing access from Highway 10 shall be removed. 6. Because the applicant is proposing to utilize Low Impact Design techniques to manage stormwater, curb and gutter will only be installed in areas to control runoff and customer traffic. 7. The existing home shall be removed. 8. Per Sec. 30- 859 no signage and/or decorations of any type, such as but not limited to, banners,pennants, festoons,painted windows and balloons shall be allowed on the vehicles. No temporary signs shall be allowed except as permitted under Sec.30-866(7) 9. A letter of credit in the amount of$50,000 shall be provided prior to issuing the grading or building permits. C:\Users\jbarnhart\Desktop\Park dedication issue 2014\P 06-06PC4-11.doc Planning Commission Minutes Page 7 April 11,2006 --------------------------- Commissioner Offerman questioned why it would be more viable for Elk River Ford to remain at its location if the interchange is constructed six blocks away at 165th Avenue but why the driveway access on 171St Avenue can't be moved further to the east,which is shorter than six blocks. Conunissioner Stevens stated the property owner has enough land that the driveway access could be moved at a later date if needed. Mr.Maurer stated we are removing a direct driveway access from TH 10 to a signalized intersection,which will be a vast improvement. Commissioner Anderson concurred with Commissioner Offerman's concerns.He stated he doesn't want to see this intersection end up like Evans and 193rd Avenues but feels it is safer to have access on 171St Avenue.He questioned if it would be possible to close the three access points of a neighboring business (A&T Repair) and to have them share their access with Ford. Steve Rohlf,Ford representative-Stated it would be more appropriate to work out driveway access issues with A&T Repair.He stated Ford has no interest in sharing an access with them. MOVED BY COMMISSIONER STEVENS AND SECONDED BY COMMISSIONER WESTGAARD TO RECOMMEND APPROVAL OF THE PRELIMINARY PLAT OF JABEZ BASED ON THE FOLLOWING CONDITIONS: 1. ADDITIONAL RIGHT-OF-WAY OF ABOUT 16.5 FEET SHALL BE PROVIDED ALONG 171sT AVENUE IN THE AREA OF THE EXISTING HOUSE. 2. THE PLAT SHALL PROVIDE ACCESS CONTROL ALONG HIGHWAY 10 FRONTAGE PROHIBITING ACCESS. 3. PARK DEDICATION FEE,AT THE RATE APPLICABLE AT THE TIME OF FINAL PLAT, SHALL BE PAID FOR LOT 1 (17.73 AC.)PRIOR TO RELEASING THE PLAT FOR RECORDING. PARK DEDICATION FOR OUTLOTS A AND B SHALL BE PAID AT THE TIME THOSE LOTS ARE PLATTED AND AT THE RATE APPLICABLE AT THE TIME THEY ARE GRANTED FINAL PLAT APPROVAL. 4. SURFACE WATER MANAGEMENT FEE,AT THE RATE APPLICABLE AT THE TIME OF FINAL PLAT,SHALL BE PAID FOR LOT 1 (17.73 AC.)PRIOR TO RELEASING THE PLAT FOR RECORDING.SURFACE WATER MANAGEMENT FEE FOR OUTLOTS A AND B SHALL BE PAID AT THE TIME THOSE LOTS ARE PLATTED AND AT THE RATE APPLICABLE AT THE TIME THEY ARE GRANTED FINAL PLAT APPROVAL. 5. THE PRELIMINARY PLAT APPROVAL SHALL BE EXTENDED FOR 3 YEARS FROM THE DATE THAT THE COUNCIL GRANTS FINAL PLAT APPROVAL. Planning Commission Minutes Page 8 April 11,2006 --------------------------- Mr.Clark noted there is a disagreement between the applicant and staff's recommendation in regards to the park dedication requirements.He stated staff is requesting park dedication fees for the entire 17.67 lot.He stated the two outlots will require park dedication fees be paid when they are platted.He stated this was reviewed by the city attorney. Commissioner Stevens stated he supported staff's recommendation and it is fair. Steve Roh1f,Ford representative-Stated the city is interpreting the requirements incorrectly. He stated park dedication fees should be charged on the four newly created lots (two outlots) and the land being added to the dealership (former Red Carpet Inn site).He stated it would be approximately$80,000 in fees.He stated the existing dealership should not pay park dedication fees as consistent with Section 30-327 of the City Code,which states that park dedication fees apply to undeveloped property.He stated the city is confusing undeveloped with unplatted.He stated the existing dealership has been developed for over 30 years.He stated the property is not being subdivided but being combined.He stated the only reason they are platting the property is because it is a condition to secure a building permit.He stated his interpretation of the park dedication fees is consistent with how it was handled in the past.He stated Ford has been supplying jobs and a tax base in Elk River for over 30 years.He stated they are asking to be treated reasonably.He stated to charge in excess of$100,000 to a business trying to expand and create more jobs is unreasonable.He stated there isn't anything in the ordinance that states you have to charge the maximum fee. Commissioner Stevens questioned the city's policy for park dedication requirements.He questioned if Elk River Ford,when originally platted,paid a park dedication fee. Mr.Clark stated if the property is residential it will be charged for new units;if the property is commercial it will be charged for acreage and any further replats would not be charged park dedication fees.Mr.Clark stated Elk River Ford was never platted. Commissioner Westgaard stated Section 30-327 discussed platting and replatting but not undeveloped land.He questioned whether a compromise could be reached. Commissioner Anderson stated this issue is a decision for the City Council. Commissioner Scott stated he would like to see the motion amended to state that the 8 acres currently being used only pay half of the park dedication fees. Commissioner Offerman concurred with Commissioner Scott.He stated the applicant made a good point in that the city gives TIF money to new companies but often doesn't recognize or give consideration to existing businesses that have been in Elk River for a long time employing people and paying taxes. Commissioner Anderson questioned how and why 50%was determined as a compromise on the fees.He stated it is not the role of this Commission to determine the percentage. He stated a vote needs to be taken on the current motion. Commission Offerman stated it is not an unreasonable request as the city gave Wal-Mart TIF money and also funding for the downtown project. Commissioner Westgaard asked to reconsider the motion. Planning Commission Minutes Page 9 April 11,2006 --------------------------- Chair Lemke stated staff recommendation has determined this fee and he questioned their process. Mr.Clark stated they are following the ordinance.He stated the staff's recommendation was reviewed with the city attorney. Chair Lemke stated a vote should be taken on the motion and the Commission could make a recommendation to the Council regarding park dedication fees. Chair Lemke asked for an explanation of low impact drainage plans,which Mr.Maurer explained. MOTION CARRIED 5-2.Commissioners Offerman and Westgaard opposed. Commissioner Westgaard stated the applicant has been willing to work with the city on several issues and some consideration for park dedication fees should be given to the applicant for his existing business. Commissioner Ropp concurred. Commissioner Anderson stated the city can't arbitrarily reduce park dedication fees and the Conunission should not be discussing this item. Commissioner Stevens concurred. Chair Lemke opened the public hearing on the conditional use permit. Steve Rohlf,Ford representative-Stated Ford may be changing the order of their phases. There being no further comments regarding this issue,Chair Lemke closed the public hearing. Commissioner Stevens stated he is sad to see the existing tower being removed. Commissioner Offerman questioned the lighting standards.He stated auto dealerships tend to over light their locations at the entrances.He questioned the lights along the entrance. Mr.Rohlf stated the lights would be low profile decorative lights. Mr.Harlicker stated the applicant is meeting the lighting requirements. Commissioner Offerman requested a condition added for lighting at the entrances that shall meet at minimum semi cut-off classification. MOVED BY COMMISSIONER OFFERMAN AND SECONDED BY COMMISSIONER ANDERSON TO RECOMMEND APPROVAL OF THE CONDITIONAL USE PERMIT TO ELK RIVER FORD WITH THE FOLLOWING CONDITIONS: 1. ALL COMMENTS OF THE CITY ENGINEER SHALL BE ADDRESSED. f� Elk River City of Elk River Item Number REQUEST FOR COUNCIL ACTION Agenda Section Meeting Date Prepared by Planning Aril 17, 2006 Scott Harlicker, Senior Planner Item Description Reviewed by • Land Use Plan amendment from LI (Light Industrial) to Scott Clark, Community Development HB (Highway Business) Director • Zone change from PUD (Planned Unit Development) to C3 (Highway Commercial) • Preliminary Plat for a single lot subdivision Uabez) • Conditional use permit to expand the car dealership Introduction This project requires Council action on six requests,land use amendment,zone change,preliminary plat, conditional use permit, easement vacation and a variance. This report will include the first four items; the easement vacation and variance will be covered in separate reports. The land use amendment and zone change affect 1.43 acres that is currently platted as Outlot A,Leon Lefebvre Addition. It is a remnant parcel that will be incorporated into four future commercial lots. The preliminary plat for Jabez includes one 17.73 acre lot for the Elk River Ford dealership and 2 outlots that will be platted into four future commercial lots. The conditional use permit is for a 52,000 sq. ft. addition to the dealership, expanded parking lot and a freestanding carwash/detail center. Discussion At the Planning Commission meeting the following were the key points of discussion: Land Use Amendment • The Commission unanimously agreed that the land use designation should be changed to HB. Zone Change • The Commission unanimously agreed that the zoning should be changed to C3 C:\Users\jbarnhart\Desktop\Park dedication issue 2014\P06-06 Staff report to CC 4-17.doc Preliminary Plat • Park Dedication-The key discussion point relevant to the preliminary plat was park dedication. The applicant is combining seven parcels (two previously occupied by a motel, three lots that the existing dealership parcel is on, one house parcel on 1715`and an industrial oudot). The end result will be the creation of one main parcel for the dealership and two outlots. Staffs recommendation is that since none of the properties have previously paid park dedication,all of the acreage needs to be calculated in determining the final dedication amount. The applicant believes that dedication should be charged only for the northern lots and not the dealership property (it was agreed upon that the outlots will pay park dedication at the time that they are platted,which is standard City policy). The park dedication amount is approximately$50,715 if only the northern lots (the existing lots previously occupied the motel) pay dedication versus $111,699 if all lots are calculated. (These figures do not include future oudot payments, assumes 2006 rates and the exact acreage figures will be determined at the time of final plat.) Staff reviewed the interpretation of requiring all parcels pay dedication, since none previously paid,with the City Attorney and he concurred with the interpretation. The following points were discussed by the Planning Commission: 1) A few commissioners were of the opinion that some mid-point (50% of the dedication amount attributed to the current dealership site) would be an appropriate request. This assumes 100%payment for the northern lots. 2) Some commissioners believed that it was not up to the Planning Commission to randomly negotiate a park dedication amount that has always been set at a given rate. Likewise, they were of the opinion that since the principle of a park dedication payment is that all parcels should pay a one time fee to capitalize the City's park system, there should not be an exemption for this applicant. 3) A commissioner stated that some reduction should be made since the applicant has not requested abatement or TIF and this was a way of assisting the project. 4) Some commissioners expressed concern that the deviations from standard policy and the introduction of mixing negotiated park dedication based on site plan considerations (e.g. closing off the Highway 10 access) starts to create policy deviations and a basis for future discussions that become unwieldy. The Planning Commission voted 5 to 2 in favor of requiring full park dedication. The Planning Commission minutes reflect some minority opinions and comments regarding the same. Conditional Use Permit • Access—The Commission discussed the location of the access from 171"Avenue and how it might be impacted by a future interchange on Highway 10. They discussed the need to move the access further east, away from Highway 10,to accommodate the possibility of a future interchange. The City Engineer provided information about the IRC study and the probability that any future interchange along Highway 10 would likely be to the south of 1715`in order to avoid impacting developed property. He also showed how the proposed access on 171"would align with future access for the property on the south side of 171St. The Commission's recommendation included keeping the 171"access as shown on the site plan. C:\Users\jbarnhart\Desktop\Park dedication issue 2014\P06-06 Staff report to CC 4-17.doc • Low Impact Drainage Techniques—The applicant is proposing to utilize a low impact drainage plan. This method for handling strormwater involves utilizing rain gardens and bio retention ponds,and was one of the goals identified in the City's NPDES permit. The process allows for the stormwater to be filtered through engineered soils,reduces the amount of off-site runoff and allows for reduced on-site ponding and curbing requirements. Sec. 30-901 allows for exemptions from the curbing requirements. Because the applicant is proposing to utilize Low Impact Design techniques to manage stormwater, curb and gutter will only be installed in areas to control runoff and customer traffic. The Planning commission voted 7:0 to recommend approval the conditional use permit with 10 conditions. Financial Impact N/A Attachments Planning Commission Staff Report Resolution No. 06- Ordinance No. 06- Minutes from April 11,2006 Planning Commission meeting Action Requested Adoption of Resolution No. 06- changing the land use designation of Outlot A,Leon Lefebvre Addition from LI to HB Approval of Ordinance No. 06- changing the zoning of Oudot A,Leon Lefebvre Addition from PUD to C3 Approval of the Preliminary Plat for Jabez with the following conditions: 1. Additional right-of-way of about 16.5 feet shall be provided along 1715`Avenue in the area of the existing house. 2. The plat shall provide access control along Highway 10 frontage prohibiting access.. 3. Park dedication fee,at the rate applicable at the time of final plat, shall be paid for Lot 1 (17.73 ac.) prior to releasing the plat for recording. Park dedication for Oudots A and B shall be paid at the time those lots are platted and at the rate applicable at the time they are granted final plat approval. 4. Surface water management fee, at the rate applicable at the time of final plat, shall be paid for Lot 1 (17.73 ac.) prior to releasing the plat for recording. Surface water management fee for Oudots A and B shall be paid at the time those lots are platted and at the rate applicable at the time they are granted final plat approval. 5. The preliminary plat approval shall be extended for 3 years from the date that the Council grants final plat approval. C:\Users\jbarnhart\Desktop\Park dedication issue 2014\P06-06 Staff report to CC 4-17.doc Approval of the Conditional Use Permit for the expansion of Elk River Ford with the following conditions: 1. All comments of the City Engineer shall be addressed. 2. The project will be completed in phases. • Phase one will include all the site work including all paving and curbing, removing the Highway 10 access and constructing the two new access drives; stormwater ponding; signage; construction of the service addition on the south side of the building, and construction of the carwash/detail center. • Phase two will include the additional office space and showroom. • Phase three will include the parts area and service addition. 3. The area included in phase two and three shall be graded and seeded;no parking will be allowed in this area. 4. Since the project is proposed to be completed in phases,the approval for the conditional use permit shall be extended to 2010. 5. The existing access from Highway 10 shall be removed. 6. Because the applicant is proposing to utilize Low Impact Design techniques to manage stormwater, curb and gutter will only be installed in areas to control runoff and customer traffic. 7. The existing home shall be removed. 8. Per Sec. 30- 859 no signage and/or decorations of any type, such as but not limited to, banners,pennants, festoons,painted windows and balloons shall be allowed on the vehicles. No temporary signs shall be allowed except as permitted under Sec.30-866(7) 9. A letter of credit in the amount of$50,000 shall be provided prior to issuing the grading or building permits. 10. There shall be a minimum classification of semi-cutoff lighting fixtures installed. Council Action Motion by Second by Vote Follow Up C:\Users\jbarnhart\Desktop\Park dedication issue 2014\1`06-06 Staff report to CC 4-17.doc MEETING OF THE ELK RIVER CITY COUNCIL HELD AT THE ELK RIVER CITY HALL MONDAY, APRIL 17, 2006 Members Present: Mayor Klinzing, Councilmembers Dietz,Motin,Farber,and Gumphrey Members Absent: None Staff Present: City Administrator Lori Johnson,Community Development Director Scott Clark, Senior Planner Scott Harlicker, City Engineer Terry Maurer, Environmental Administrator Rebecca Haug,City Attorney Charlie Wilson, and Recording Secretary Tina Allard Also Present: Planning Commissioner Westgaard and Anderson 1. Call Meeting To Order Pursuant to due call and notice thereof, the meeting of the Elk River City Council was called to order at 6:30 p.m. by Mayor K]inzing. 2. Consider 4/17/2006 Agenda MOVED BY COUNCILMEMBER MOTIN AND SECONDED BY • COUNCILMEMBER DIETZ TO APPROVE THE AGENDA. MOTION CARRIED 5-0. 3. Consider Consent Agenda MOVED BY COUNCILMEMBER FARBER AND SECONDED BY COUNCILMEMBER GUMPHREY TO APPROVE THE FOLLOWING CONSENT AGENDA: 3.1. 4/10/06 MINUTES 3.2. CHECK REGISTER 3.3. PAY ESTIMATES AS OUTLINED IN THE STAFF REPORT 3.4. SIMPLE PLAT OF BLACKBERRY HILLS SECOND ADDITION REQUEST BY RIVER CITY CONSTRUCTION, INC. (JOE BASODY), PUBLIC HEARING-CASE NO. P 06-05-WITHDRAWN 3.5. ORDINANCE AMENDMENT TO CITY OF ELK RIVER CODE OF ORDINANCES REGARDING A WETLAND BUFFER ORDINANCE, PUBLIC HEARING-CASE NO. OA 06-04-POSTPONED TO MAY 15,2006 3.6. TOBACCO LICENSE TO ROCK WOODS ELK RIVER COUNTRY CLUB GRILL 3.7. HIRE JEREMY BARNHART AS PLANNING MANAGER, HIRE NICOLA BLAKE-BRADLEY AS ENVIRONMENTAL TECHNICIAN, AND ACCEPT RESIGNATION OF SENIOR PLANNER SCOTT HARLICKER • City Council Minutes Page 9 April 17,2006 ----------------------------- 11. THE REMAINING SQUARE FOOTAGE OF BUILDINGS WITHIN THE APPROVED PUD WILL NEED TO BE REDUCED BY 1,220 SQUARE FEET. 12. A SEPARATE LETTER OF CREDIT, IN THE AMOUNT OF $50,000, SHALL BE PROVIDED COVERING ON SITE IMPROVEMENTS FOR LOT 2 BLOCK 1 ELK RIDGE CENTER 2ND PRIOR TO ISSUING THE GRADING OR BUILDING PERMITS. MOTION CARRIED 5-0. 6.7. Request by Elk River Ford for Variance Relating to Signage.Public Hearing-Case No. V 06-03 6.8. Resolution for Land Use Amendment to Change Land Use from Light Industrial to Highway Business as Requested by Elk River Ford,Public Hearing-Case No.LU 06-03 6.9. Ordinance for Zone Change from Planned Unit Development to Highway Commercial as Requested by Elk River Ford,Public Hearing_Case No.L 06-03 6.10. Request by Elk River Ford for Preliminary Plat ofJabez, Public Hearing-Case No. P 06-06 6.11. Request by Elk River Ford for Conditional Use Permit for Expansion of Auto Sales,Public Hearing-Case No. CU 06-06 6.12. Resolution to Vacate Drainage and Utility Easement Requested by Elk River Ford,Public Hearing:Case No.EV 06-01 Mr. Harlicker reviewed all of these requests as outlined in his staff reports. • Mayor Klinzing opened the public hearing. Scott Powell,applicant-Stated he wanted to build a safe project for the community and he is proud of the environmental'aspects of the project. He stated the signage meets all the criteria for a variance.He stated he has in excess of 1,200' of frontage along the highway,is closing one access on the highway,bringing in two new businesses on one lot,and that it is very difficult for customers to access his location without the signage. Dana Anderson, 12368 speaking as a resident(he is a member of the Planning Commission)-Stated he liked the overall project design. He questioned the legal interpretation of park dedication requirements. He stated that it is important to collect park dedication fees. Steve Rohlf,representing the applicant-Stated the phases of the project may change. He questioned the definition of cut-off lighting. Mr. Rohlf stated the existing dealership should not pay park dedication fees as consistent with Section 30-327 of the City Code,which states that park dedication fees apply to undeveloped property.He stated the city is confusing undeveloped with unplatted. He stated the property is not being subdivided but rather combined. He stated the only reason they are platting the property is because it is a condition to secure a building permit. He stated to charge in excess of$100,000 for park dedication fees to a business trying to expand and create more jobs is unreasonable. Mr.Harlicker explained that cut-off lighting directs light downward as opposed to a globe light,which is exposed. • Mayor Klinzing closed the public hearing. City Council Minutes Page 10 April 17,2006 ----------------------------- Variance Request • Councilmember Gumphrey stated that considering the applicant is giving up an access and has an unusual amount of highway frontage he sees no issues with allowing the variance. Councilmember Farber concurred. Councilmember Dietz also concurred but expressed concerns with the timing for closing the TH 10 access. Mr.Maurer stated he would contact Mn/DOT and let them know the access is no longer needed. He stated Mn/DOT would probably temporarily restrict the access until they could come in later to eliminate it permanently. Mayor Klinzing stated the sign ordinance allows the addition of an extra sign when there is over 300'of frontage but doesn't address if there is 600' or 900'plus. She supports the variance. Councilmember Motin concurred.He stated it would be a hardship to only have two signs due to the amount of frontage. MOVED BY COUNCILMEMBER FARBER AND SECONDED BY COUNCILMEMBER MOTIN TO APPROVE A VARIANCE FOR CASE NO.V 06-03 BASED ON THE FOLLOWING FINDINGS: 1. LITERAL ENFORCEMENT OF THE ORDINANCE WILL CAUSE • UNDUE HARDSHIP. 2. THE HARDSHIP IS CAUSED BY SPECIAL CONDITIONS AND CIRCUMSTANCES,WHICH ARE PECULIAR TO THE PROPERTY AND THE STRUCTURE INVOLVED AND WHICH ARE NOT CHARACTERISTIC OF,OR APPLICABLE TO, OTHER LANDS OR STRUCTURE IN THE SAME AREA. 3. THE LITERAL APPLICATION OF THE PROVISIONS OF THIS ORDINANCE WOULD DEPRIVE THE PETITIONER OF RIGHTS ENJOYED BY OTHER PROPERTIES IN THE SAME DISTRICT UNDER THE TERMS OF THIS ORDINANCE. 4. THE SPECIAL CONDITIONS AND CIRCUMSTANCES ARE NOT A CONSEQUENCE OF THE PETITIONER'S OWN ACTION OR INACTION. 5. THE VARIANCE WILL NOT BE INJURIOUS TO OR ADVERSELY AFFECT THE HEALTH, SAFETY, OR WELFARE OF THE RESIDENTS OF THE CITY OR THE NEIGHBORHOOD WHERE THE PROPERTY IS LOCATED AND WILL BE IN KEEPING WITH SPIRIT AND INTENT OF THE ORDINANCE. MOTION CARRIED 5-0. • F uncil Minutes Page 11 ,2006 ------------------- Land Use Request MOVED BY COUNCILMEMBER FARBER AND SECONDED BY COUNCILMEMBER DIETZ TO ADOPT RESOLUTION 06-42 AMENDING THE COMPREHENSIVE PLAN TO CHANGE THE LAND USE FROM L1 (LIGHT INDUSTRIAL) TO HB (HIGHWAY BUSINESS), CASE NO. LU 06-03 -BASED ON THE FOLLOWING FINDINGS: 1. THE SUBJECT PROPERTY IS CONTIGUOUS WITH PROPERTY THAT IS CURRENTLY GUIDED HIGHWAY BUSINESS. 2. THE PROPOSED AMENDMENT WILL NOT HAVE AN ADVERSE AFFECT ON ADJACENT PROPERTIES. 3. THE SUBJECT PROPERTY WILL BE INCLUDED IN FUTURE COMMERCIAL REDEVELOPMENT OF THE NORTHWEST CORNER OF ULYSSES STREET AND 171ST AVENUE. MOTION CARRIED 5-0. Zone Change Request • MOVED BY COUNCILMEMBER MOTIN AND SECONDED BY COUNCILMEMBER FARBER TO ADOPT ORDINANCE 06-06 AMENDING THE CITY OF ELK RIVER ZONING MAP TO REZONE CERTAIN PROPERTIES TO C2 (HIGHWAY COMMERCIAL) CASE NO. ZC 06-03 BASED ON THE FOLLOWING FINDINGS: 1. THE TIMES AND CONDITIONS HAVE CHANGED TO WARRANT REZONING THE PROPERTY TO C3. 2. THE PROPOSED REZONING TO C3 IS CONSISTENT WITH THE LAND USE DESIGNATION OF HIGHWAY BUSINESS. 3. THE SUBJECT PROPERTY WILL BE INCLUDED IN FUTURE COMMERCIAL REDEVELOPMENT OF THE NORTHWEST CORNER OF ULYSSES STREET AND 171ST AVENUE. MOTION CARRIED 5-0. ------------------------------ Preliminary Plat MOVED BY COUNCILMEMBER MOTIN AND SECONDED BY COUNCILMEMBER GUMPHREY TO APPROVE THE PRELIMINARY PLAT • FOR JABEZ, CASE NO.P 06-06 WITH THE FOLLOWING CONDITIONS: City Council Minutes Page 12 April 17,2006 ----------------------------- 1. ADDITIONAL RIGHT-OF-WAY OF ABOUT 16.5 FEET SHALL BE PROVIDED ALONG 171sT AVENUE IN THE AREA OF THE EXISTING • HOUSE. 2. THE PLAT SHALL PROVIDE ACCESS CONTROL ALONG HIGHWAY 10 FRONTAGE PROHIBITING ACCESS. 3. PARK DEDICATION FEE,AT THE RATE APPLICABLE AT THE TIME OF FINAL PLAT, SHALL BE PAID FOR LOT 1(17.73 AC.) PRIOR TO RELEASING THE PLAT FOR RECORDING. PARK DEDICATION FOR OUTLOTS A AND B SHALL BE PAID AT THE TIME THOSE LOTS ARE PLATTED AND AT THE RATE APPLICABLE AT THE TIME THEY ARE GRANTED FINAL PLAT APPROVAL. 4. SURFACE WATER MANAGEMENT FEE,AT THE RATE APPLICABLE AT THE TIME OF FINAL PLAT, SHALL BE PAID FOR LOT 1(17.73 AC.) PRIOR TO RELEASING THE PLAT FOR RECORDING. SURFACE WATER MANAGEMENT FEE FOR OUTLOTS A AND B SHALL BE PAID AT THE TIME THOSE LOTS ARE PLATTED AND AT THE RATE APPLICABLE AT THE TIME THEY ARE GRANTED FINAL PLAT APPROVAL. 5. THE PRELIMINARY PLAT APPROVAL SHALL BE EXTENDED FOR 3 YEARS FROM THE DATE THAT THE COUNCIL GRANTS FINAL PLAT APPROVAL. Councilmember Farber stated he would like to see the park dedication fees reduced. • Mayor Klinzing concurred. MOVED BY MAYOR KLINZING AND SECONDED BY COUNCILMEMBER FARBER TO AMEND THE ORIGINAL MOTION BY CHANGING CONDITION#3 TO THE FOLLOWING: 3. PARK DEDICATION FEE,AT THE RATE APPLICABLE AT THE TIME OF FINAL PLAT, SHALL BE PAID FOR 8.05 ACRES PRIOR TO RELEASING THE PLAT FOR RECORDING. PARK DEDICATION FOR OUTLOTS A AND B SHALL BE PAID AT THE TIME THOSE LOTS ARE PLATTED AND AT THE RATE APPLICABLE AT THE TIME THEY ARE GRANTED FINAL PLAT APPROVAL. MOTION ON THE AMENDMENT CARRIED 3-2. Councilmembers Dietz and Gumphrey opposed. MOTION CARRIED 3-2. Councilmembers Dietz and Gumphrey opposed. City Council Minutes Page 13 April 17,2006 ----------------------------- Conditional Use Permit MOVED BY COUNCILMEMBER FARBER AND SECONDED BY COUNCILMEMBER MOTIN TO APPROVE A CONDITIONAL USE PERMIT FOR ELK RIVER FORD, CASE NO. CU 06-06 WITH THE FOLLOWING CONDITIONS: 1. ALL COMMENTS OF THE CITY ENGINEER SHALL BE ADDRESSED. 2. THE PROJECT WILL BE COMPLETED IN PHASES. ■ PHASE ONE WILL INCLUDE ALL THE SITE WORK INCLUDING ALL PAVING AND CURBING, REMOVING THE HIGHWAY 10 ACCESS AND CONSTRUCTING THE TWO NEW ACCESS DRIVES; STORMWATER PONDING; SIGNAGE; CONSTRUCTION OF THE SERVICE ADDITION ON THE SOUTH SIDE OF THE BUILDING,AND CONSTRUCTION OF THE CARWASH/DETAIL CENTER. • PHASE TWO WILL INCLUDE THE ADDITIONAL OFFICE SPACE AND SHOWROOM. • PHASE THREE WILL INCLUDE THE PARTS AREA AND SERVICE ADDITION. • 3. THE AREA INCLUDED IN PHASE TWO AND THREE SHALL BE GRADED AND SEEDED;NO PARKING WILL BE ALLOWED IN THIS AREA. 4. SINCE THE PROJECT IS PROPOSED TO BE COMPLETED IN PHASES,THE APPROVAL FOR THE CONDITIONAL USE PERMIT SHALL BE EXTENDED TO 2010. 5, THE EXISTING ACCESS FROM HIGHWAY 10 SHALL BE REMOVED. 6. BECAUSE THE APPLICANT IS PROPOSING TO UTILIZE LOW IMPACT DESIGN TECHNIQUES TO MANAGE STORMWATER, CURB AND GUTTER WILL ONLY BE INSTALLED IN AREAS TO CONTROL RUNOFF AND CUSTOMER TRAFFIC. 7. THE EXISTING HOME SHALL BE REMOVED. 8. PER SEC.30- 859 NO SIGNAGE AND/OR DECORATIONS OF ANY TYPE, SUCH AS BUT NOT LIMITED TO,BANNERS, PENNANTS, FESTOONS, PAINTED WINDOWS AND BALLOONS SHALL BE ALLOWED ON THE VEHICLES.NO TEMPORARY SIGNS SHALL BE ALLOWED EXCEPT AS PERMITTED UNDER SEC.30-866(7). 9. A LETTER OF CREDIT IN THE AMOUNT OF$50,000 SHALL BE PROVIDED-PRIOR TO ISSUING THE GRADING OR BUILDING PERMITS. City Council Minutes Page 14 April 17,2006 ----------------------------- 10. THERE SHALL BE A MINIMUM CLASSIFICATION OF SEMI CUT- OFF LIGHTING FIXTURES INSTALLED. • MOTION CARRIED 5-0. Easement Vacation MOVED BY COUNCILMEMBER MOTIN AND SECONDED BY COUNCILMEMBER FARBER TO ADOPT RESOLUTION 06-43 FOR VACATING DRAINAGE AND UTILITY EASEMENTS, CASE NO. EV 06-01. MOTION CARRIED 5-0. The Council took a 10 minute recess at 8:10 p.m. 6.13. Resolution to Vacate Portion of Perpetual Bank Protection Maintenance Easement,Public Hearing-Case 1V6.EV 06-02 Mr. Harlicker stated an easement to protect the bank along the Mississippi River needs to be vacated as it encroaches in the building area of the Bluff Block in the downtown revitalization project area. Mr. Harlicker stated the easement is superseded by the Wild and Scenic ordinance and will not interfere with the protection of the river. Mayor Klinzing opened the public hearing.There being no one to speak to this issue,Mayor Klinzing closed the public hearing. • MOVED BY COUNCILMEMBER FARBER AND SECONDED BY COUNCILMEMBER MOTIN TO ADOPT RESOLUTION 06-44 FOR VACATING A PERPETUAL BANK PROTECTION MAINTENANCE EASEMENT, CASE NO. EV 06-02. MOTION CARRIED 5-0. 6.14. School Street/High School Parking Lot Signalization Bid Award , Mr. Maurer stated bids have been received for the School Street/High School parking lot signalization improvement project. He stated the low bid was from Design Electrical Contractors in the amount of$147,077.Mr. Maurer further stated overhead is estimated at 20 percent,resulting in a total project cost of$176,492.40. MOVED BY COUNCILMEMBER FARBER AND SECONDED BY COUNCILMEMBER MOTIN TO ADOPT RESOLUTION 06-45ACCEPTING BID AND AUTHORIZING EXECUTION OF CONTRACT IN THE MATTER OF THE SCHOOL STREET/HIGH SCHOOL PARKING LOT SIGNALIZATION IMPROVEMENT OF 2006. MOTION CARRIED 5-0. 6.15. 193rd Avenue Corridor Update Mr. Maurer presented a cost and land acquisition analysis of the four possible options for 193rd Avenue to continue from TH 169 as an east/west corridor to CSAH 13. He reviewed how land acquisition,temporary grading easements,building removal,relocation costs,and road construction costs would affect each option. He stated Option 4 is least likely to V Elk REQUEST FOR ACTION River TO ITEM NUMBER City Council 7.4.13 AGENDA SECTION MEETING DATE PREPARED BY Public Hearings November 19, 2012 Jeremy Barnhart,Planning Manager ITEM DESCRIPTION REVIEWED By Cornerstone Auto Resource (17219 Highway 10): Preliminary and Final Plat Approval:Jabez, Case No. P 12-04 REVIEWED BY ACTION REQUESTED Staff recommends approval of the Preliminary and Final Plat as illustrated on drawings date stamped September 24,2012,with the following conditions: 1. Additional right-of-way of about 16.22 feet shall be provided along 1715`Avenue as shown on the drawing. 2. The plat shall provide access control along Highway 10 frontage, prohibiting access. 3. 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. 4. A surface water management fee for lot 1 shall be paid at the time the Final Plat is released for recording (currently $1,214 per acre or$21,524.22 total). Surface water management fee for Outlots A and B shall be paid at the time those lots are released for recording at the rate established at that time. 5. A Park Dedication Fee shall be paid for 8.05 acres at the time the Final Plat is released for recording (currently $7,444 per acre, or$59,924.20 total). Park dedication for oudots A and B shall be paid at the time those lots are released for recording at the rate established at the time. 6. 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. 7. This approval of the Preliminary Plat shall expire after one year, unless the property owner or owner's agent has recorded the Final Plat or received an extension. BACKGROUND/DISCUSSION The Plat of Jabez consolidated seven parcels into three lots; one building lot and two outlots. The plat is identical to the approved plat in 2006. The issue in summary: Park dedication: The Parks and Recreation Commission, at their meeting on October 10, 2012, recommended the applicant pay park dedication on the full 17.73 acres being platted as a buildable lot. This increases the park dedication fee to $131,982.12. P U W E R f ® 6 r C:\Users\jbarnhart\Desktop\Park dedication issue 2014\P 12-04 Jabez SR to CC 1t%1Af-' UREj I Is In 2006, the City Council determined that the park dedication applied to the undeveloped portion of the project, 8.05 acres. Since then,the city has allowed the applicant to develop the first two phases of the project and several variances without recording the final plat. Planning Commission Comments Planning Commissioners held their public hearing on November 13,2012. Commissioners questioned the park dedication. Staff noted that the City Council has made a decision on this question, and staff is not recommending departure. Public Hearing Comments No comments for or against the proposal have been received. FINANCIAL IMPACT None. ATTACHMENTS • Planning Commission Staff Report dated November 13, 2012. • Resolution Granting Final Plat Approval for Jabez. Action Motion by Second by Vote Follow Up C:\Users\jbarnhart\Desktop\Park dedication issue 2014\P 12-04 Jabez SR to CC 11-19-12.docx 9L CV"M.8Z.LkOO S ---------- 16 00 OZ6 9 X kZ0.00 8 , IN WLvg BX kZO.00 s Ce ZZ 3 X kZ0.00 S gt RLL,3;CkZ,.00 eq 40 -----N -------- ------------------------ ------ ---- ----------------- ------------------- "E' ;--3 111�11 ; VA PER vicY oo 31—°31 . 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