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7.1. SR 11-07-2016 E04y1� ,.,�� Request for Action River To Item Number Mayor and City Council 7.1 Agenda Section Meeting Date Prepared by Public Hearings November 7, 2016 Chris Leeseberg, Senior Planner Item Description Reviewed by Preliminary and Final Plat approval for Elk Path Zack Carlton,Planning Manager Business Center, Sixth Addition, SCB Ventures, Reviewed by LLC — 14043 Business Center Drive NW Cal Portner, City Administrator Action Requested Approve,by motion, the Preliminary Plat for Elk Path Business Center Sixth Addition. Adopt,by motion, a resolution approving the Final Plat for Elk Path Business Center Sixth Addition with the following conditions: 1. All comments in the Engineer's Memo dated October 4, 2016, shall be addressed. 2. All comments in the Stormwater Coordinator's Memo dated October 4, 2016, shall be addressed. 3. All comments in the MnDOT Senior Planner's Memo dated October 12, 2016, shall be addressed. 4. 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) 5. Park dedication shall be paid in the form of cash for 2.94 acres at the City Council established rate when the subdivision is released for recording. The current rate is 8% of the county assessed value which equates to $17,925 for this application. Staff will determine the final amount when the plat is released for recording. 6. The Final Plat shall not be recorded until the aforementioned conditions have been completed. 7. No permits shall be issued until the Final Plat is recorded. 8. 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 Case No. P 16-17 The property, Outlot C of Elk Path Business Center,is zoned Highway Commercial (C3). The applicant proposes to plat Elk Path Business Center 61h Addition to construct and operate a Class I Restaurant. The plat will consist of Lot 1 (2.94 acres) and Outlot A (3.14 acres). The minimum lot size in the C3 district is one (1) acre with a minimum lot width of 100 feet. The proposed plat meets all requirements. Access to the site will be from Business Center Drive with no access to Highway 10. POWERED 6T A IR Class I Restaurants are a permitted use in the C3 district and do not require Council approval. Staff conducted the site plan review on October 3, 2016, and forwarded comments to the applicant. Applicable Regulations Approval of a plat may only be ordered if the following findings have been made, as outlined in Section 30-375: (9) The proposed subdivision is consistent with the honing regulations (article VI of this chaptev) and conforms in all respects with all requirements of this Code, including the honing regulations and this article. The property is zoned Highway Commercial (C3) 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 developmentplan. 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 was designed and platted for this type of development and is suitable and zoned 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 proposed subdivision 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 west is already developed as a medical clinic. The properties to the south are already developed with data centers and a government facility. The property to the north is Highway 10. The proposed subdivision will not have an undue and adverse impact on the reasonable development of neighboring land. (8) Theproposed subdivision is notpremature.A subdivision ispremature if any of the following exists: a. Lack of adequate stormwater drainage. b. Lack of adequate roads. N:APublic Bodies\Agenda Packets\11-07-2016\Final\7.1 sr.docx c. Lack of adequate sanitary sen)er systems. d. Lack of adequate off-site public improvements or support systems. 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. Parks and Recreation The Parks and Recreation Commission recommend Park Dedication be paid in the form of cash for 2.94 acres at the City Council-established rate when the subdivision is released for recording. The current rate is 8% of the county assessed value which equates to $17,925 for this application. Staff will determine the final amount when the plat is released for recording. Planning Commission No one spoke for or against the request and staff has not received any comments since the Planning Commission meeting. The applicant has no issues with the recommended conditions. The Planning Commission had no concerns and 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 January 24, 2017. Attachments ■ Location Map ■ Preliminary Plat ■ Site Plan Approval comment letter date October 10,2016 ■ Engineers Memo dated October 4, 2016 ■ Stormwater Coordinators Memo dated October 4, 2016 ■ MnDOT Senior Planner Memo dated October 12, 2016 ■ Resolution N:APublic Bodies\Agenda Packets\11-07-2016\Final\7.1 sr.docx k+ [1h{ie' L• i 1 r A i i 18 AIM Ll i #._I' rkr I I f f - f - . a s I a , ti r 7 -T t LU Z LD z z3 o pa M Ln < LU T g;i >< F� 0 z co i7i U Sm A m< L) -o -o o o M� o�, t Mo 14 o II II i B o I o- o > o'o zoE p o-"m w z o o < � M o oW o EELo� 0 o o o ol o 25 z go 2 uEt > o o o 9.00 9 �M ai o I V+ V+ <+,> 01 IN a �� I ,���aT ��"�� �;� / O� �w®o®o.;®soaoa�® ,,,,o,. se c el o u o 'o —o L o L -o o o'> z o o I o' 'o uo > -ioM-6 o-2 —o o kj� k- le Ys ,o Is i 61 vi 0 11 uH -.o u o, u o' �N 9 2o q u o o� o8l, -u 242o, -o -o 0 o u 2 M i w 9 - - o > > o u o o' 0 ioLS day° <+> IF4 MA—H—op qm- >� oR� o N- F , 17 I=e "'Ji I o ,® Ir �o w 2 o p33 uo Vw,-V z lo, ELk* River 13065 Orono Parkway Falk River,hIN' 55330 October 10,2016 SCB Ventures,LLC VIA EMAIL: scb3366@gmail.com 13335 32^a Avenue North Plymouth,MN 55441 RE: Site Plan Approval Dear SCB Ventures, Thank you for your applications for a Site Plan Review and Plat to construct and operate a Class I Restaurant in the Elk Path Business Center 6th Addition. On September 26,2016, the city received your application for the above use. Staff conducted a thorough site plan review on October 3,2016 and has the following comments: Engineering 1. Maintain a maximum 1.0%cross slope on running Line of sidewalk through driveway. 2. Remove and replace Standard Plate 2003 with the current MnDOT pedestrian ramp. Stormwater 3. A Minimal Impact Design Standard(MIDS) report is required. 4. An issued NPDES permit is required before grading can start. 5. Maintenance schedule for permanent stormwater BMPs is required. 6. Soil borings indicating groundwater depth and infiltration rates for the proposed infiltration basin location is required.Three feet of separation between the bottom of any proposed infiltration stormwater basin and groundwater is required (unless previously completed). 7. Inlet protection needed along adjacent Business Center Drive. In order for the city to grant zoning approval of your Site Plan Review application,please submit the revised drawing(s) and other requested information,as indicated above,by October 21,2016 or earlier. Please let me know if you have any questions. Sincerely, Chris Leeseberg, Senior Planner Ph: 763.635.1033 cleeseberg@ElkRiverMN.gov F I If E R E I I Y Phone: 763.635.1000 INATUREI www.ElkRiverNIN.gov City of Memorandum Elk •-ter: River To: Planning Department From: Justin Femrite,Engineering Division Date: October 4,2016 Subject: Site Plan Review Meeting—October 3,2016 The department listed above has reviewed the application(s) listed below and has the following comments: 1. Case # SP 16-08, P 16-17 SCB Ventures (Serrano Bros. Catering CUP & Plat) 1. Maintain a maximum 1.0% cross slope on running line of sidewalk through driveway. 2. Remove and replace Standard Plate 2003 with the current MnDOT pedestrian ramp. �i City°f Memorandum Elk River To: Planning Department From: Brandon Wisner, Stormwater Coordinator Date: October 4,2016 Subject: Site Plan Review Meeting—October 3,2016 The department listed above has reviewed the application(s) listed below and has the following comments: 1. Case # SP 16-08, P 16-17 SCB Ventures (Serrano Bros. Catering CUP & Plat) 1. A Minimal Impact Design Standard (MIDS) report is required. 2. An issued NPDES permit is required before grading can start. 3. Maintenance schedule for permanent stormwater BMPs is required. 4. Soil borings indicating groundwater depth and infiltration rates for the proposed infiltration basin location is required. Three feet of separation between the bottom of any proposed infiltration stormwater basin and groundwater is required (unless previously completed). 5. Inlet protection needed along adjacent Business Center Drive. AQ�,�NESp�4�� Minnesota Department of Transportation District 3 ��� 7694 Industrial park Road Office Phone: 218-828-5700 °F?A Baxter, MN 56425 Fax: 218-828-5814 October 12, 2016 Mr. Chris Leeseberg City of Elk River Planning 1.3065 Orono Parkway Elk River,MN 55330 RE: C.S. 7102;R.P.210.266(U.S. 10) Elk Path Business Center Fifth Addition Sherburne County,Minnesota Dear Mr. Leeseberg: The Minnesota Department of Transportation(MnDOT)has reviewed the above-referenced plat in compliance with the provisions of Minnesota Statutes 505.03,Plats and Surveys. MnDOT would like to offer the following comments/recommendations: 1. There does not appear to he discrepancies or encroachments affecting the State right of way requiring action at this One. 2. There shall be no net increase in storm water runoff to the U.S. Highway 10 right of way from said property. Computations of all storm water directed toward the right of way shall be provided to MnDOT. Contact Bob Miller,District 3 Hydraulics Engineer,at 218/828-5792 for additional information. 3. Since the property abuts MnDOT right of way,a permit is required to perform any work in the right of way. Contact Mark Resin,District 3 Permits Supervisor, at 320/223-6522 for additional information. If you have any further questions or comments,please call me at 218/8285780. Sincerely, ]on Mason Senior Planner min ec: MnDOT District 3 Entrance Group An Equal Opportunity EmployerE) 0 omll� � 0 0 a (5) 0 City of Elk River Resolution 16- A Resolution of the City of Elk River Granting Final Plat Approval for Elk Path Business Center Sixth Addition Case No. P 16-17 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 November 7, 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 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 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. F. The proposed subdivision will not conflict with easements of record or with easements established by judgment of a NATUREJ 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 two years from the date of this resolution if the final plat is not recorded within that time. Passed and adopted this 7th day of November 2016. John J. Dietz,Mayor ATTEST: Tina Allard, City NATUREI EXHIBIT A LEGAL DESCRIPTION Oudot C,ELK PATH BUSINESS CENTER, Sherburne County,Minnesota, according to the recorded plat thereof. POWERED By NATURE] EXHIBIT B CONDITIONS OF APPROVAL 1. All comments in the Engineer's Memo dated October 4, 2016, shall be addressed. 2. All comments in the Stormwater Coordinator's Memo dated October 4, 2016, shall be addressed. 3. All comments in the MnDOT Senior Planner's Memo dated October 12, 2016, shall be addressed. 4. 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) 5. Park dedication shall be paid in the form of cash for 2.94 acres at the City Council established rate when the subdivision is released for recording. The current rate is 8% of the county assessed value which equates to $17,925 for this application. Staff will determine the final amount when the plat is released for recording. 6. The a�-�Final Plat shall not be recorded until the aforementioned conditions have been completed. 7. No permits shall be issued until the Final Plat is recorded. 8. 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 NATUREJ