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5.1A PCSR 11-22-2016Request for Action To Item Number Planning Commission 5.1a Agenda Section Meeting Date Prepared by Public Hearing November 22, 2016 Chris Leeseberg, Senior Planner Item Description Reviewed by ERX Properties — 21591 U.S. Highway 169 NW Zack Carlton, Planning Manager ■ Preliminary Plat approval for Aggregate Reviewed by Commercial Fifth Addition, Case No. P 16 -19 Action Requested Recommend, by motion, approval of the Preliminary Plat with the following conditions: 1. The environmental review process (EAVI) shall be completed. 2. All comments in the Engineering Division memo dated November 8, 2016, shall be addressed. 3. All comments in the Stormwater Coordinators Memo dated November 9, 2016, shall be addressed. 4. All comments in the Environmental Technician memo dated November 7, 2016, shall be addressed. Background /Discussion Case No. P 16 -19 The applicant is seeking preliminary plat approval to plat 42.48 acres, establishing property for the operation of Off -Road Racing Facilities. The subject property is east of Highway 169 and south of 217th Avenue and is zoned Extreme Commercial Recreation (XCR). The plat will have 1190 feet of frontage on Highway 169 and 645 feet of frontage on what might someday be 217th Avenue. The minimum lot size for lots in the XCR district is five acres with a minimum lot width of 300 feet. The proposed plat meets these requirements. The plat will combine all of the existing Off -Road Racing Facilities into one parcel. The existing ERX track comprises 13.29 acres and the rest of the proposed plat will comprise areas for a TORC track and go -kart track. Approval for Off -Road Racing Facilities requires a Conditional Use Permit (CUP). A CUP application (Case No. CU 16 -30) will also be reviewed by the Planning Commission on November 22, 2016. Analysis Parks and Recreation The Parks and Recreation Commission, on October 12, 2016, recommended park dedication be paid for 26.19 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 $ 12,099 for this application. Transportation/ Circulation I p arE1E1 r NATURE] The subject property has access to Highway 169 at approximately the 215`h Avenue alignment. Long term transportation plans identify a frontage road adjacent to TH 169 along the length of this plat. The plat should identify all necessary future roadway networks as expected to be detailed in the Environment Assessment worksheet (EAR currently being prepared. See the attached memo, dated November 8, 2016, from the Engineering Division as it pertains to future roadway networks and the EAW. Environmental Final approval for the CUP and Plat cannot be given until the Environmental Review process (EAR is completed, which is expected by early January. Current grading of the TORC track does not meet proposed Wetland Setback requirements. See the attached memo, dated November 7, 2016, from the Environmental Technician as it pertains to environmental reviews and wetland setback issues. Stormwater Stormwater management requirements, a MIDS water quality report and soil borings showing the ground water depth and infiltration rate, and a maintenance schedule for permanent stormwater BMPs are required. See the attached memo, dated November 9, 2016, from the Stormwater Coordinator as it pertains to stormwater, maintenance, and permits. 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. Applicable Regulation Approval of a plat may only be ordered if the following findings have been made, as outlined in Section 30 -375: (7) The proposed subdivision is consistent with the tinning regulations (article VI of this chapter) and conforms in all respects with all requirements of this Code, including the tinning 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 speciali,ed 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. N: \Departments \Community Development \Planning \Case Files \P \P 16 -19 Aggregate Commercial 5th \3 - Planning Commission \P 16 -19 sr PC 11- 22 -16. docl (3) The physical characteristics of the site, including but not limited to topography, soils, vegetation, susceptibility to erosion and siltation, .rurcef�tibility 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 .reruices, facilities and improvements othenvi.re required in this article. The subdivision has adequate provision for all of these facilities. (5) The proposed .rubdivi.rion will not cause substantial environmental damage. The area is subject of an EAW and will not cause substantial environmental damage. (6) The proposed .cubdivi cion 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 .cubdivi.rion 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) Theproposed.cubdivicion is notpremature. A .subdivision i.rpremature if any of the folloaving exists: a. Lack of adequate stormavater drainage. b. Lack of adequate roads. c. Lack of adequate sanitary sewer systems. d. Lack of adequate off-site public improvements or support .yctemr. The area is subject of an EAW and will adequately address these requirements. The project appears to be consistent with the first seven required findings for approval of the Preliminary Plat but requirement number eight will need to be evaluated once the EAW is received and reviewed. If there are major concerns with the report that would not support the CUP request, staff will bring this item back to the commission for further review. 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. Financial Impact None Statutory Review Period N: \Departments \Community Development \Planning \Case Files \P \P 16 -19 Aggregate Commercial 5th \3 - Planning Commission \P 16-19 sr PC 11- 22 -1 G.docx Per State Statute 15.99 the required 120 -day review period ends on January 24, 2017. Council Meeting If acted on and with receipt of the required EAW information, this item will go to the December 19, 2016, City Council meeting. Attachments • Location Map • Preliminary Plat • Engineering Division memo dated November S, 2016 • Environmental Technician memo dated November 7, 2016 • Stormwater Coordinator memo dated November 9, 2016 N: \Departments \Community Development \Planning \Case Files \P \P 16 -19 Aggregate Commercial 5th \3 - Planning Commission \1' 16 -19 sr PC: 11- 22- 16.doc1 rep r S i:10 = a r � F ' -mo r A w BUZ tJ { n I plat & CUP Case No P 16-19 c CU 16-30 River 4 j:?4,,...iver 1 To: Planning Department Memorandum From: Brandon Wisner, Stormwater Coordinator Date: November 9, 2016 Subject: Site Plan Review Meeting — November 7, 2016 The department listed above has reviewed the application(s) listed below and has the following comments: 1. Case # CU 16 -30, P 16 -19 — ERX Properties CUP and Plat Same Comments as October 4". 2016 site plan review: 1. Stormwater management requirements are needed as listed in Ordinance Sec. 78 -503. - Stormwater and urban runoff control. and Sec. 78 -504. - Post construction stormwater management. NPDES permit is needed for construction activity disturbing one acre or more of soil and all SWPPP details are required (previous NPDES permit can be amended). htM://mn-elkriver.civicplus.com/DocumentCenter/View/­­3180 2. Also, a MIDS water quality report and soil borings showing the ground water depth and infiltration rate is needed. Three feet of separation between the bottom of any proposed infiltration basin is and groundwater is required. 3. Maintenance schedule for permanent stormwater BMPs is required. Kiver To: Planning Department From: Kristin Mroz, Environmental Date: 11 -7 -16 Memorandum Subject: Site Plan Review Meeting — November 7, 2016 The department listed above has reviewed the application(s) listed below and has the following comments: 1. Case # CU 16 -30, P 16 -19 — ERX Properties CUP and Plat 1. Final approval for CUP and Plat cannot be given until the Environmental Review process is completed (expected by early January). 2. Current grading of the TORC track does not meet proposed Wetland Setback requirements and the proposed Drainage and Utility Easement. How will this be addressed? Crcy of Elk ir�-� !U4 er To: Planning Department Memorandum From: Justin Femrite, P.E., Engineering Division Date: November 8, 2016 Subject: Site Plan Review Meeting — November 7, 2016 The department listed above has reviewed the application(s) listed below and has the following comments: 1. Case # CU 16 -30, P 16 -19 — ERX Properties CUP and Plat 1. The plat should identify all necessary future roadway networks as expected to be detailed in the EAW currently being prepared. PRELIMINARY PLAT FOR AGGREGATE COMMERCIAL FIFTH ADDITION XCR ��._.�. % LEGAL DESCRIPTIONS: RnvEL III - 217TH AVE N. AEI- oa - = % ,�a� Pan o, pox x� 1x= K9xw Na Pa�„�MMEaR AL —,oN / 569'5 r r ,xa� Tx�� aA�xi« <,E �NMLaT� sETONO ,.NO,oN , - ( f w E =v- eXIlMlD e,vax ,�mxx,xN =sa,ax, =a o.,x e9 a e, ee, as t l 1x =x� Na, x 0 d = =sxx1=, a, ,=roxas Ea,S a�s axre = Nx,Lx L, d=g, = == . „N,,.NO % i f m XCR/i 1 OCRxx� j, y %� 56951'10'E tw � �1 ----- �`"` lr I \ PRELIMINARY PLAT NOTES: 1 � A 4s DRAW ACE 1 PLAT AREA = 42.5 ACRES (1.851.567) SQUARE FEET (TOTAL). OF WHICH THE i V' AND UTILITY EXISTING ERX FACILITY OCCUPIES 13.3 ACRES (580.150) SQUARE FEET RESULTING IN ;. �/ V \ EASEMENT . 11 A NET BALANCE of 29.2 ACRES (1,271,417) SQUARE FEET. 25' WETLAND A % BUFFER 2 PROPERTY LIES WITHIN SECTION 10 TOWNSHIP 33 RANGE 26 SHERBURNE COUNTY. 'T E / 1 G / y ( m 3 EXISTING ZONING CLASSIFICATION: XCR (EXTREME COMMERCIAL RECREATION) , t X If f 1 T l H- ( �` 1 ' -" 4 MINIMUM BUILDING SETBACK (PRINCIPAL STRUCTURE) WITHIN XCR DISTRICT: �� A A �•O• % FRONT =25 FEET t ,f7x. '^ w�0 eEnR =2o FEET R XCR =40 FEET �`� \\ MAXIMUM ALLOWABLE LOT COVERAGE = 409 O _ _= 4 y.; '�� MAXIMUM ALLOWABLE STRUCTURE HEIGHT = 45 FEET R. t 5 MINIMUM BUILDING SETBACK (ACCESSORY STRUCTURE) WITHIN ACE DISTRICT: �,t � , ", FRONT =25 FEET LJ X 45 DRAINAGE SIDE 10 FEET AND UTILITY REAR 10 FEET 11s EASgMENT m 44 � '- - 1 45 DRAINAGE'FLRND M, MAXIMUM ALLOWABLE STRUCTURE HEIGHT = 35 FEET - Y _ L AND UTILITY 1 i F S89R6 6 421.74 4 1 11 '� i r1 1, EAAEMENT B o �, L / WTLAND a +E ; - j r BUFFER ,LOT 1 BLOCK 1 ��,, E %sTNC uNDERC6ouND ELECTRIC m / v^*' w E %STNG GAS LINE ;'," .��g6 y1 L : \ .\ _ �i �� LEGEND t OM OM R OPTIC LINE 66691- S 6 '« '« EXISTING TELECOMMUNICATION LINE 4 �1 692] ]�" _ -- EXISTING WETLAND LIMITS - f EXISTING mN OURS 8 ¢ ° 0 DRAINAGE EXISTING %STNG LOT LINE I _ �)6 f AND UTILITY - PROPOSED LOT LINES ssv a 49 _ 45 DRAINAGE !1 XCR " sa > ,r) r� AND �wTY EAS1 =r�ENT $ 1 l� .,.EASE ENT. e S ® Ex S1NO SULDNOs 0 EF / 1 ; PROPOSED FENCE o"-✓ "` = / 'I p \ 25 WETLAND % h I ,i / `\ @UF - - -- -- -- EXISTING WETLAND 1 FE 8 0 a w � i C3 (HIGHWAY COMMERCIAL — DISTRICT) PRELIMINARY PLAT CRT (COMMERCIAL RESERVE TRANSITION} N Z O 0 U O UIL — O F— Z u) Z O U O? �Lu 4 WW 00 Z Q Lu w EL U Z Y � U By U or Y O ~ w X or LU Q } tr Q Z_ J d a