7.1A. SR 01-17-2017 EGty1� ,.,�� Request for Action
River
To Item Number
Mayor and City Council 7.1a
Agenda Section Meeting Date Prepared by
Public Hearings January 17, 2017 Chris Leeseberg, Senior Planner
Item Description Reviewed by
Preliminary Plat: Aggregate Commercial Fifth Zack Carlton,Planning Manager
Addition and Conditional Use Permit: Off-Road Reviewed by
Racing Facilities, ERX Properties Cal Portner, City Administrator
Action Requested
1. Approve,by motion, the Preliminary Plat for Aggregate Commercial 51h Addition.
2. Adopt,by motion, a resolution approving the Final Plat for Aggregate Commercial 51h Addition with
the following conditions:
1. The environmental review process (EAW) shall be completed.
2. Stormwater management requirements are needed as listed in ordinance
3. 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)
4. 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
and groundwater is required.
5. Maintenance schedule for permanent stormwater BMPs is required.
Background/Discussion
Case No. P 16-19
The applicant seeks preliminary plat approval for 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 1,190 feet of frontage on Highway
169 and 645 feet of frontage on the future 2171h 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 combines all existing Off-Road Racing Facilities into one parcel. The existing ERX track is
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.
POWERED 6T
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Environmental
Current grading of the TORC track does not meet proposed Wetland Setback requirements and the
proposed Drainage and Utility Easement. The track will need to be moved to meet the setback
requirements or a variance approved for the encroachment.
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.
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:
1. The proposed subdivision is consistent Pith the honing regulations (article VI of this chaptev) and conforms in all
respects�a ith 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�a ith 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 is suitable for the proposed development.
4. The proposed subdivision makes adequate provision for Pater supply, storm drainage, sera age transportation, erosion
control and all other services,facilities and improvements other�a ise required in this article.
The subdivision has adequate provision for all of these facilities.
5. The proposed subdivision Pill not cause substantial environmental damage.
The area is subject of an EAW and will not cause substantial environmental damage.
6. The proposed subdivision Pill not conflict Pith easements of record or Pith easements established by judgment of a
court.
The subdivision will not conflict with easements of record.
N:APublic Bodies\Agenda Packets\01-17-2017\Final\7.10 sr.docx
7. The proposed subdivision Pill not have an undue and adverse impact on the reasonable development of neighboring
land.
The properties 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 proposal 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 stoimzvater drainage.
b. Lack of adequate roads.
c. Lack of adequate sanitary sezver systems.
d. Lack of adequate off-site public improvements or support systems.
The area is subject of an EAW and will adequately address these requirements. The project is
consistent with the 8 required findings for approval of a plat but finding#8 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.
Planning Commission meeting summary
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 Planning 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 January 24, 2017.
Attachments
■ Location Map
■ Preliminary Plat
■ Engineering Division memo dated November 8, 2016
■ Environmental Technician memo dated November 7, 2016
■ Stormwater Coordinator memo dated November 9,2016
■ Final Plat dated/received xyz
■ Final Plat Resolution
N:APublic Bodies\Agenda Packets\01-17-2017\Fina1\7.10 sr.docx
Memorandum
To: Planning Department
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.
Memorandum
To: Planning Department
From: Kristin Mroz, Environmental
Date: 11-7-16
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?
Memorandum
To: Planning Department
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 4th, 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).
http://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.
City of
Elk
River
Resolution 17-
A Resolution of the City of Elk River Granting Final Plat Approval for
Aggregate Commercial Fifth Addition
Case No. P 16-19
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
January 17, 2017; 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
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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.
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 17I day of January 2017.
John J. Dietz,Mayor
ATTEST:
Tina Allard, City NATUREI
EXHIBIT A
LEGAL DESCRIPTION
That part of the Southeast Quarter of the Northwest Quarter of Section 10,Township 33,
Range 26,lying south of the North 1099.40 feet thereof and east of the east right-of-way line
of State Highway No. 169 per Document 117174.
And
That part of the Southwest Quarter of said Section 10 lying east of said east right-of-way
line of State Highway No. 169 and north of the plat of AGGREGATE COMMERCIAL
4TH ADDITION,
And
That part of Outlots A, B, C, and D,AGGREGATE COMMERCIAL SECOND
ADDITION lying east of AGGREGATE COMMERCIAL 4TH ADDITION and lying
west and south of the following described line;
Commencing at the southwest corner of said Outlot A; thence on an assumed bearing of
South 89 degrees 46 minutes 19 seconds East along the south line of said Outlot A a
distance of 104.00 to the point of beginning of the line to be described; thence continuing
South 89 degrees 46 minutes 19 seconds East along said south line of Outlot A a distance of
1190.59 feet; thence North 0 degrees 13 minutes 41 seconds East a distance of 256.14 feet;
thence North 27 degrees 45 minutes 03 seconds West a distance of 1019.53 feet; thence
North 89 degrees 51 minutes 10 seconds West a distance of 821.12 feet to the west line of
said Outlot D and said line there NATUREJ
EXHIBIT B
CONDITIONS OF APPROVAL
1. The environmental review process (EAW) 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
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