7.5. SR 07-18-2016City of
Elk az
—
River
Request for Action
To
Item Number
Mayor and City Council
7.5
Agenda Section
Meeting Date
Prepared by
Public Hearinj
18, 2016
BrieAnna Simon, Planner
Item Description
Reviewed by
Venture Pass Partners, LLC — Zane Street
Zack Carlton, Planning Manager
Commons
■ Preliminary Plat, ER Ventures Addition
■ Resolution for Final Plat
Reviewed by
Cal Portner, City Administrator
Action Requested
Approve, by motion, the preliminary plat for ER Ventures Addition with the following conditions:
1. All comments in the staff comment letter dated June 14, 2016, shall be addressed.
2. A minimum 30 -feet easement along the railroad on the south side of Oudot A shall be provided
for future trail connections.
Adopt, by resolution, the final plat for ER Ventures Addition with the following conditions:
1. Park Dedication shall be paid for 5.52 acres at the rate applicable when the subdivision is released
for recording. The current rate is 8% of the county assessed value ($28,858).
2. A 30 -foot trail easement be provided on the south end of Oudot A parallel to the rail line right-
of-way.
3. Surface Water Management Impact Fee be paid in the amount required by the city at the time the
Final Plat is released for recording (currently $1,326/acre).
4. The Final Plat will not be recorded until a right-of-way vacation has been approved by City
Council, and the plat has been updated to reflect the new easement and right-of-way.
Background/Discussion
Case No. P 16-07
The applicant is requesting approval of a three -lot, commercial plat (ER Ventures Addition). The subject
property is 10.15 acres in size and is proposed to be subdivided into three lots creating Lot 1 (2.75 acres),
Lot 2 (2.77 acres), and a 4.63 acre oudot. The property is zoned Highway Commercial (C-3), where the
minimum lot size requirement is one acre.
The current development proposal accompanying the plat is a retail operation, which is a permitted use in
the zoning district and does not require City Council approval. The preliminary site plan is attached for
informational purposes.
Analysis
Transportation/ Circulation
The subject property is located between Zane St. and Highway 169 just west of Home Depot. Access to
the subject property will be limited to Zane St.
P a w E R E U 6 Y
NaA f RE]
Utilities
The property is located in the Urban Service District. Although the plat does not require city services, all
permitted and conditional uses in the commercial district require city services. Connection is required for
future approvals.
Park Dedication
On June 8, 2016, the Parks and Recreation Commission reviewed the preliminary plat and recommend
that park dedication be satisfied in the form of cash. Additionally, a 30 -foot trail easement was
recommended by staff and Planning Commission to be provided on the south end of the property along
the rail line in Oudot A.
Right of Way Encroachment
The proposed parking encroaches on existing street right-of-way between approximately 3 feet on the
north end and 6 feet on the south end (see Easement Vacation Diagram). City ordinance requires a 10 -ft
property line setback for all parking and drive areas. When the area was initially platted, the triangular
parcel was not included, which left a unique remnant of property due to the alignment of Zane St.
To accommodate the proposed parking, a street vacation will be required to allow the proposed parking
to comply with city code. This will also establish consistency in the right-of-way along Zane St. If the
easement is vacated, a drainage and utility easement must be established between the new right-of-way
line and the existing right-of-way line. Utility lines in this area were constructed down the centerline of
Zane St. and due to the depth of the utilities, additional width is required to ensure access for future
maintenance activities. The applicant shall provide all legal descriptions of vacated streets as well as
drainage and utility easements.
The alternative to an easement vacation is a license agreement allowing the parking lot to encroach onto
city right-of-way, or amending the current site plan. Staff recommends vacating the right-of-way as the
land does not serve a public purpose, and it removes the need to track and administer a license
agreement.
Applicable Regulation
Preliminary and Final Plat
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 cbapter) and conforms in all
respects witb all requirements of this Code, including the honing regulations and this article.
The property is zoned Highway Commercial (C-3). The proposed subdivision is consistent with the
zoning regulations outlined in the city code and approved plans.
(2) The proposed subdivision is consistent witb all applicable general and specialised city, county, and regional plans,
including, but not limited to, the city's comprebensive development plan.
The proposed plat 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 proposed uses in the C-3 district. The applicant and city staff will work together to
finalize grading, erosion control, and drainage plans as development occurs.
(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 will connect to city sewer and water services. The applicant and city staff will work
together to storm drains with associated stormwater treatment ponds.
(5) The proposed subdivision will not cause substantial environmental damage.
The development 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 plat 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 lands to the north and east have already been developed and include commercial development as
part of the Elk River Crossing Planned Unit Development. The area south of the plat was included in the
Elk River Business Park, while Highway 169 aligns the property to the west.
(8) The proposed subdivision is not premature. 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 appears be consistent will 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
During the public hearing the applicant spoke in support of their application and no other comments
have been received for or against the request. The Planning Commission unanimously recommended
approval of the Preliminary Plat.
Financial Impact
None
Statutory Review Period
Per State Statute 15.99 the required 120 -day review period for the plat ends on September 28, 2016.
Attachments
■ Location Map
■ Applicants Narrative
■ Preliminary Plat
■ Final Plat
■ Preliminary site plan
■ Easement Vacation Diagram
■ Resolution
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Venture Pass Partners,
p1,d:lt
Case o: P 16-07 River
PROPOSED PETSMART
18050 ZANE ST, ELK RIVER MN
Venture Pass Partners, LLC is pleased to submit for review and approval, a proposed retail/commercial
development on the currently un -developed property between Zane St and Hwy 169, immediately West
of Walmart and Home Depot.
On behalf of our Tenant, we are proposing to develop and construct a new 17,886 sf Petsmart retail
facility along with all related site improvements. The proposed plat also includes future development
opportunity on Lot 2 as well as an Outlot. This property abuts similar retail uses to the North and East,
Highway 169 to the West, and commercial/industrial uses to the South. The proposed development is
consistent with the applicable C3 Zoning District.
Typical hours of operation for this facility will be 9 am to 9 pm Monday through Saturday, and 10 am to
6 pm Sunday. Total associate counts will be determined per the mix of part-time and full-time
employees. We can provide additional information on employment assumptions.
The lot 1 Petsmart site incorporates 90 parking stalls, or 5.03 stalls/1000 sf. This is consistent with
requirements of both the Tenant and the city.
The Elk River Crossing Design Standards have been incorporated into our proposed design, including the
use of neutral earth tone colors, textured integrally colored concrete masonry units and stucco. The
proposed building materials and colors are consistent with the neighboring buildings in the Elk River
Crossing PUD development. Pilasters provide for articulation of facades over 100 feet in length so that
no uninterrupted length exceeds 50 feet. Articulation of the fagade as proposed with 24" projection
exceeds the requirement for projection/recess depth to be minimum of 3% of the uninterrupted length.
The main building entrance is clearly defined and visible, an design elements include
recesses/projections, canopy, raised parapet and storefront glazing.
Building wall signage (illuminated channel letters and logos) is proposed on three building elevations;
North -over front entrance and facing parking field, West -facing Hwy 169, East -facing Zane St and
adjacent retail. Signage as proposed is consistent with allowable signage areas.
No outdoor storage is proposed with this development.
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City of
Elk
*��
River
Resolution 16-
A Resolution of the City of Elk River Granting Final Plat Approval for
ER Ventures Addition
Case No. P 16-07
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 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 18th 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
Government Lot 3 of Section 3, Township 32 North, Range 26 West, Sherburne County,
Minnesota, lying northeasterly of the Railway, which lies easterly of a line run parallel with
and distant 200 feet easterly of the following described line: From a point on the North line
of said Section 3, distant 2309.5 feet west of the northeast corner thereof, run southeasterly
at an angle of 81 degrees 00 minutes (81° 00') with said north section line for a distance of
2005.2 feet; thence deflect to the left at an angle of 39 degrees 04 minutes (39° 04') for a
distance of 1588.3 feet; thence deflect to the left at an angle of 90 degrees 00 minutes (90°
00') for a distance of 50 feet; thence deflect to the left at an angle of 24 degrees 36 minutes
(24° 36') for a distance of 624.7 feet to the point beginning of line to be described; thence
continue northeasterly on the last above described course for a distance of 872.3 feet; thence
deflect to the left on a 2 degree 00 minute (2° 00') curve, delta angle 15 degrees 45 minutes
(15° 45') for a distance of 400 feet and there terminating.
Together with;
That part of the Northwest Quarter of the Northwest Quarter (NW1 /4 NW1 /4) of Section
2, Township 32 North, Range 26 West, Sherburne County, Minnesota, which lies westerly of
a line run parallel with and distant 200 feet easterly of the West line of said Section 2 and
southerly of a line run parallel with and distant 100 feet southerly of the North line of
Section 2.
P O W E R E D 0 Y
AUR
EXHIBIT B
CONDITIONS OF APPROVAL
1. Park dedication shall be paid for 5.52 acres at the rate applicable when the subdivision is
released for recording. The current rate is 8% of the county assessed value. ($28,858)
2. A 30 foot trail easement be provided on the south end of Outlot A parallel to the railroad
right-of-way.
3. Surface Water Management Impact Fee be paid in the amount required by the city at the
time the Final Plat is released for recording. (currently $1,326/acre)
4. The Final Plat will not be recorded until a right-of-way vacation has been approved by
City Council, and the plat has been updated to reflect the new easement and right-of-way.
P O W E R E D 0 Y
AUR