7.2. SR 07-18-2016City of
Elk az
—
River
Request for Action
To
Item Number
Mayor and City Council
7.2
Agenda Section
Meeting Date
Prepared by
Public Hearinj
18, 2016
Chris Leeseber , Senior Planner
Item Description
Reviewed by
ERX Tech Shops, 21591 US Highway 169
Zack Carlton, Planning Manager
■ Preliminary Plat, Aggregate Commercial
Reviewed by
Fourth Addition
Cal Portner, City Administrator
■ Resolution for Final Plat
Action Requested
Approve, by motion, the Preliminary Plat for Aggregate Commercial 4"' Addition.
Adopt, by motion, a resolution for the Final Plat for Aggregate Commercial 4"' Addition with the
following conditions:
1. Surface Water Management Fee be paid in the amount required by the city prior to releasing the
Final Plat for recording (currently $1,326/acre).
2. Park Dedication shall be paid for 7.59 acres at the rate applicable when the subdivision is released
for recording (currently $6,502).
3. All comments in the Environmental Memo dated June 14, 2016, shall be addressed.
4. All comments in the Stormwater Coordinator Memo dated June 8, 2016, shall be addressed.
5. Failure of the subdivider to submit the final plat within one year, unless a written request for
extension has been submitted and for good cause granted by the council, shall cause the
preliminary plat to become null and void. However, the subdivider may continue to final plat a
phase of the approved preliminary plat within one year of each phase in order to extend valid
approval of the preliminary plat.
Background/Discussion
The property is zoned Commercial Reserve Transition (CRT). The applicant is requesting preliminary
plat approval for Aggregate Commercial Fourth Addition. The subject property is Outlot B and C as well
as part of Oudot A of Aggregate Commercial Second Addition and is 7.59 acres in size.
By ordinance, oudots are not allowed to be developed. In order for the applicant to build their proposed
Active Use Storage (CU 16-18), the property needs to be platted.
Transportation/ Circulation
The subject property has access to Highway 169 at approximately the 215"' Avenue alignment. With the
exception of the southern 25 feet and northern 55 feet, the entire western property line will have limited
access to Highway 169 as noted on the preliminary plat.
Long-term transportation plans identify a frontage road adjacent to TH 169 along the length of this plat.
P a w E R E U a r
NaA f RE]
At the time this staff report was drafted, staff has not received comments from MnDOT as it relates to
the proposed changes in usage of the access point to this site.
The Fire Department indicated that future access could be a concern according to the submitted site plan.
Utilities
The subject property is not located in the Urban Service District. Although the current project does not
require city services, some of the proposed permitted and conditional uses in the XCR district will require
city services and this will have to be addressed in the future. This area, as shown in the Comprehensive
Plan, is not anticipated to have city services until beyond 20 years.
Environmental
See the attached memo, dated June 14, 2016, from the Environmental Technician as it pertains to
wetland delineation lines and storage of parts, waste, and other materials.
Stormwater
See the attached memo, dated June 8, 2016, from the Stormwater Coordinator as it pertains to
stormwater, maintenance, and permits.
Park Dedication
The Parks and Recreation Commission recommended that park dedication be satisfied in the form of
cash.
Applicable Regulations
Approval of a plat may only be ordered if the following findings have been made, as outlined in Section
30-375:
(1) The proposed subdivision is consistent with the honing regulations (article VI of this chapter) and conforms in
all respects with all requirements of this Code,including the honing regulations and this article.
The property is zoned XCR and the proposed subdivision is consistent with the zoning
regulations outlined in the city code and approved plans.
(2) The proposed subdivision is consistent with all applicable general and specialised city, county, and regional
plans, including, but not limited to, the city's comprehensive development plan.
The proposed subdivision does not conflict with any city, county, or regional plans, including
the Comprehensive Plan.
(3) 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.
The site is suitable for the proposed development.
(4) The proposed subdivision makes adequate provision for water supply, storm drainage, sewage transportation,
erosion control and all other services, facilities and improvements otherwise required in this article.
The subdivision has adequate provision for all of these facilities.
(5) The proposed subdivision will not cause substantial environmental damage.
The area was the subject of an EAW and will not cause substantial environmental damage.
(6) The proposed subdivision will not conflict with easements of record or with easements established by judgment of
a court.
The subdivision will not conflict with easements of record.
(7) The proposed subdivision will not have an undue and adverse impact on the reasonable development of
neighboring land.
The property to the north and east are owned by the applicant and the property to the south
is a commercial auto repair facility. Highway 169 is west of the subject property. The
proposed subdivision will not have an undue and adverse impact on the reasonable
development of neighboring land.
(8) The proposed subdivision is notpremature. A subdivision is premature if any of the following exists:
a. Lack of adequate stormwater drainage.
b. Lack of adequate roads.
c. Lack of adequate sanitary sewer systems.
d. Lack of adequate off-site public improvements or support ystems.
All of the above services or improvements will be connected or constructed as part of the
development. The area is within the municipal service area and existing facilities can
handle the additional capacity.
The project is consistent with all required findings for approval of the Preliminary Plat.
If denial of the plat should occur, it shall accompany recommendations or determinations by findings or a
report stating how the proposed use does not comply with the standards set forth in Section 30-375.
Planning Commission meeting summary
Staff presented the item and the Planning Commission had no questions or concerns. No one spoke for
or against the request and staff has not received any comments since the commission meeting.
The commission unanimously recommended approval of the request.
Financial Impact
None
Statutory Review Period
Per State Statute 15.99 the required 120 day review period ends on September 28, 2016.
Attachments
■ Location Map
■ Preliminary Plat
■ Final Plat
■ Environmental Technician memo, dated June 14, 2016
■ Stormwater Coordinator memo, dated June 8, 2016
■ Resolution
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Memorandum
Iver
To: Planning Department
From: Kristin Mroz, Environmental Technician
Date: 6-14-16
Subject: Site Plan Review Meeting — June 6, 2016
The department listed above has reviewed the application(s) listed below and has the following
comments:
1. Case # P 16-08, CU 16-18 — ERX Tech Shops/Aggregate Commercial 4`h Plat
1. The wetland needs to show the delineated wetland line (label if just not labeled) —
delineation report attached.
2. The wetland on the east side should show the 25 ft. buffer as shown but also include a
45 ft. Drainage and Utility Easement around the wetland delineation.
3. Will there be a location for car parts, used motor oil, general waste, tires and/or other
auto maintenance materials? How will users be expected to dispose of those materials?
If they are able to leave materials on site, where will they be stored and how will they be
disposed of?
To: Planning Department
Memorandum
From: Brandon Wisner, Stormwater Coordinator
Date: June 8, 2016
Subject: Site Plan Review Meeting —June 6, 2016
The department listed above has reviewed the application(s) listed below and has the following
comments:
1. Case # P 16-08, CU 16-18 — ERX Tech Shops/Aggregate Commercial 4 I Plat
1. Maintenance schedule for permanent stormwater BMPs is required.
2. The proposed infiltration basin requires silt fence/bio-logs to protect the basin during
construction.
3. An issued NPDES permit is required before land disturbing activity can commence.
4. Remove drainage and utility easement on private stormwater BMP, maintenance
schedule will be sufficient instead because this is private property and drainage.
City of
Elk
*��
River
Resolution 16-
A Resolution of the City of Elk River Granting Final Plat Approval for
Aggregate Commercial Fourth Addition
Case No. P 16-09
WHEREAS, 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, a preliminary plat of the Property was approved by the City Council on July
18, 2016; 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
It is hereby determined by the City Council for the City of Elk River as follows:
A. The proposed subdivision is consistent with the Chapter of 30 of the City
Code of Ordinances and conforms with 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 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.
E. The proposed subdivision will not cause substantial environmental
damage.
P O w E R E U 9 1
AUR
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.
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 two years from the date of this resolution if the
final plat is not recorded within that time.
Passed and adopted this 18"' day of July, 2016.
John J. Dietz, Mayor
ATTEST:
Tina Allard, City Clerk
P O W E R E D 0 Y
AUR
EXHIBIT A
LEGAL DESCRIPTION
Outlot 9 and C. AGGREGATE COMMERCIAL SECOND ADDITION, according to the recorded plat thereof.
and
That port of Outlot A, sold AGGREGATE COMMERCIAL SECOND ADDITION, lying west of the following described line:
Commencing at the northeast corner of suld Outlot C: thence South 89 degrees 46 minutes 19 seconds East, ussumed bearing along the south line of Outlat D. sold
AGGREGATE COMMERCIAL SECOND ADDITION ❑ distance of 256.64 feet to the point of beginning ❑f the line to be described; thence South 0 degree 13 minutes 41 seconds West
❑ distance of 397.10 feet to the south line of said Outlot A and said line there terminating.
And
That part of Outlot D sold AGGREGATE COMMERCIAL SECOND ADDITION lying west at the fallowing descrlbed line:
Beginning at the northeast corner of sold Outlot C: thence North C degrees 02 minutes 11 seconds West, a distance of 142.64 feet to on angle paint on soid Outlot D and
said line there terminating.
F 0 W I R I D 0
AUR
EXHIBIT B
CONDITIONS OF APPROVAL
1. Surface water management fee be paid in the amount required by the city prior to
releasing the Final Plat for recording (currently $1,326/acre).
2. Park dedication shall be paid for 7.59 acres at the rate applicable when the subdivision is
released for recording (currently $6,502).
3. All comments in the Environmental Memo dated June 14, 2016, shall be addressed.
4. All comments in the Stormwater Coordinator Memo dated June 8, 2016, shall be
addressed.
5. Failure of the subdivider to submit the final plat within one year, unless a written request
for extension has been submitted and for good cause granted by the council, shall cause
the preliminary plat to become null and void. However, the subdivider may continue to
final plat a phase of the approved preliminary plat within one year of each phase in order
to extend valid approval of the preliminary plat.
POWERED 0Y
AUR