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6.3. - 6.5. SR 01-19-1999 rei ---\) ( )j tli{ ITEM # 6.3-6.5. Item # MEMORANDUM FROM: Planning Commission Stephen Wensman, Planner S vJ DATE: December 22, 1998 SUBJECT: Request by LeFebvre Co. for Zone Change, Preliminary Plat and Conditional Use Permit Amendment, Public Hearing Case No.s ZC 98-12, P 98- 9 and CU 98-29 Reauest Consider a request by LeFebvre Co. for: . A) A Rezoning to PUD (Planned Unit Development). B) A Preliminary Plat, create one industrial lot to be combined with existing. C) A Conditional Use Permit amendment for a proposed planned unit development Location 10895 171 st Avenue, Lot 1, Block 1 and Outlot B, Leon LeFebvre Addition ZoninI!/Land Use I-I (Light Industrial) / LI (Light Industrial) Attachments . Location/zoning map . Preliminary Plat . Landscape Plan . Ordinance No. 98-_ Overview LeFebvre Companies, in July 29, 1996, were granted final plat approval to create an approximately 3 acre industrial lot and two outlots with the . remaining acreage (approximately 8 acres). Also, a conditional use permit 13065 Orono Parkway · P.O. Box 490. Elk River, MN 55330. TDD & Phone: (612) 441-7420. Fax: (612) 441-7425 Memo to Planning CommissionlZC 98-12, P 98-9 and CD 98-29 December 24, 1998 Page 2 . was granted for a Planned Unit Development to construct an office and truck terminal on the three acre industrial site. The office and terminal have out grown the 3 acre site and are presently utilizing Outlot B for tractor and trailer storage which is beyond the scope of the Conditional Use Permit and other approvals. The applicant is attempting to bring the site into compliance. Rezonine The rezoning of a 7.51 acre parcel (Outlot B and triangle ofland from the City) from light industrial to planned unit development will allow the LeFebvre Companies the same zoning as the 3 acre site. As part of the rezoning, the current planned unit development and developers agreements for the 3 acre site (currently unsigned) will be amended to include the proposed additional 7.51 acres. The rezoning to PUD can be considered based on the following findings: · The rezoning is consistent with the LI (Light Industrial) land use found in the Comprehensive Plan. . · Times and conditions are similar to the adjacent rezoning from II to PUD, and the applicants business has grown. · The proposed rezoning is consistent with the proposed expansion of the urban service area and the concept of providing industrial land within the urban service area. · The proposed zoning district is compatible with the adjacent zoning districts. Preliminary Plat The applicant is proposing to plat 7.51 acres (Outlot B and a small triangle of land presently owned by the City). The applicant is presently using Outlot B for tractor and truck storage. The proposed 7.51 acre Plat will be joined to the existing 3 acre LaFabvre Addition for the use of the truck terminal with the following conditions: . . The developers agreement be amended, signed and executed outlining the terms and conditions of approval prior to releasing the plat for recording. \ \el kriver\sys\shrdoc\planning\stevewen \pcmmo\lefvrepc.doc Memo to Planning Commission1ZC 98-12, P 98-9 and CD 98-29 December 24, 1998 Page 3 . · The planned unit development agreement outlining the terms and conditions of the plat approval and installation of improvements be prepared, signed and executed prior to releasing the plat for recording. · A temporary easement for construction of sewer and water be granted to the city in exchange for ownership of the City parcel prior to releasing the plat for recording. Conditional Use Permit Amendment The conditional use permit is required to facilitate the review and approval of proposed development plans. The applicant has not provided staff with adequate information to conduct a proper review. The applicant presently has a conditional use permit to operate the existing office and truck terminal (CD 96-18). The existing conditional use permit shall be amended to include the newly platted land. B~sed on what was submitted, the following additional information needs to be provided: The Site Plan shall include: . . Identification of actual existing conditions and proposed including actual and proposed tractor trailer storage area with proper setbacks. . Identificaton of the surface material of the tractor trailer storage area (should be identified as gravel). . Identify the location of existing and proposed concrete curb and gutters. Curb and gutter should extend along the tractor trailer storage area parallel to 171st Ave. NW to separate the gravel areas from landscaped areas. . Location of dumpster and enclosure . Location of fuel vault . Location of monument sign . Location of utilities . Striped parking with handicap stalls . Existing retaining wall to the north of the building . Any parking lot lighting The Landscape Plan shall include: . . 32 overstory trees with not more that 50% of the trees comprised of one species . 16 evergreen trees . 16 ornamental trees with not more that 50% of the trees comprised of one species \\elkriver\sys\shrdoc\planning\stevewen \pcmmo\lefVrepc. doc . . . Memo to Planning Commission/ZC 98-12, P 98-9 and CD 98-29 December 24, 1998 Page 4 · Identification of sodded and seeded areas · Identification of irrigated areas Recommendation Staff recommends that the Planning Commission recommend approval of the following: A) Rezoning of a roughly .25 acre parcel (presently city owned) from II (Light Industrial) to PUD (Planned Unit Development) based on the following findings: · The rezoning is consistent with the LI (Light Industrial) land use found in the Comprehensive Plan. · Times and conditions are similar to the adjacent rezoning from II to PUD, and the applicants business has grown. · The proposed rezoning is consistent with the proposed expansion of the urban service area and the concept of providing industrial land within the urban service area. · The proposed zoning district is compatible with the adjacent zoning districts. B) Preliminary Plat to create an industrial lot to be combined to the adjacent Leon LaFabvre Addition with the following conditions: . The developers agreement be amended, signed and executed outlining the terms and conditions of approval prior to releasing the plat for recording. . The planned unit development agreement outlining the terms and conditions of the plat approval and installation of improvements be prepared, signed and executed prior to releasing the plat for recording. . A temporary easement for construction of sewer and water be granted to the city in exchange for ownership of the City parcel prior to releasing the plat for recording. C) Conditional Use Permit Amendment to include the 7.51 acre site with the following conditions: \ \elkriver\sys\shrdoc\planning\stevewen \pcmmo \Iefvrepc.doc Memo to Planning CommissionlZC 98-12, P 98-9 and CD 98-29 December 24, 1998 Page 5 . · The must sign a document granting a temporary easement to the city in exchange for ownership of the City parcel. · That a site plan and landscape plan be submitted that conform to the requirements of the Elk River Zoning Ordinance. · That the landscape plan be installed within one year following the completion of the East Elk River improvements. · That no second access be allowed onto 171st Ave. NW. · That the newly platted 7.51 acre site be limited to tractor trailer storage only. · That staffs comments be included into the site plan and landscape plan prior to City Council approval. Staffs comments are as follows: The Site Plan shall include: . · Identification of actual existing conditions and proposed including actual and proposed tractor trailer storage area with proper setbacks. · Identificaton of the surface material of the tractor trailer storage area (should be identified as gravel). . Identify the location of existing and proposed concrete curb and gutters. Curb and gutter should extend along the tractor trailer storage area parallel to 171 st Ave. NW to separate the gravel areas from landscaped areas. · Location of dumpster and enclosure . Location of fuel vault . Location of monument sign . Location of utilities . Striped parking with handicap stalls . Existing retaining wall to the north of the building . Any parking lot lighting The Landscape Plan shall include: . . 32 overstory trees with not more that 50% of the trees comprised of one species . 16 evergreen trees . 16 ornamental trees with not more that 50% of the trees comprised of one species . Identification of sodded and seeded areas \ \elkriver\sys\shrdoc\planning\stevewen\pcmmo \Iefvrepc. doc . . . Memo to Planning CommissionlZC 98-12, P 98-9 and CD 98-29 December 24, 1998 Page 6 · Identification of areas with underground irrigation including the landscaped area along 171 st \ \elkriver\sys\shrdoc\pl anning\stevewen \pcmmo\lefvrepc .doc . . E EeVAE COMPANIES January 19, 1999 Mr. Stephen Wensman, Planner City of Elk River 13065 Orono Parkway P.O. Box 490 Elk River, MN 55330 Dear Mr. Wensman: 10895 - 171st Avenue Elk River. MN 55330 Phone (612) 441-2681 1-800-900-8157 Office Fax (612) 441-0673 Operations Fax (612) 441-0856 I respectfully request that the City Council Agenda for today, January 19, 1999, be amended to show withdrawal of items 6.3,6.4,6.5, and 6.6 respectively, regarding LeFebvre Companies' request for rezoning, plat approval, easement vacation, and amendment to the PUD conditional use permit. Thank you. Sincerely, J i V~ -d / L L P/t i tilt?," Bob Strong, Gen. Mgr. LeFebvre Companies,' c. . . . ORDINANCE 99- CITY OF ELK RIVER AN ORDINANCE AMENDING THE CITY OF ELK RIVER ZONING MAP TO REZONE CERTAIN PROPERTY FROM 11 (LIGHT INDUSTRIAL) TO PUD (PLANNED UNIT DEVELOPMENT) CASE NO. ZC 98-12 The City Council of the City of Elk River does hereby ordain as follows: Section 1. The duly adopted Zoning Map of the City of Elk River is hereby amended to rezone the property described as: See Attached Exhibit A Section 2. The rezoning is being approved based on the following findings: 1. THE REZONING IS CONSISTENT WITH THE LI (LIGHT INDUSTRIAL) LAND USE IN THE COMPREHENSIVE PLAN. 2. TIMES AND CONDITIONS ARE SIMILAR TO THE ADJACENT REZONING FROM 11 TO PUD, AND THE APPLICANTS BUSINESS HAS GROWN. 3. THE PROPOSE REZONING IS CONSISTENT WITH THE PROPOSED EXPANSION OF THE URBAN SERVICE AREA AND THE CONCEPT OF PROVIDING INDUSTRIAL LAND WITH IN THE URBAN SERVICE DISTRICT 4. THE PROPOSED ZONING DISTRICT IS COMPATIBLE WITH THE ADJACENT ZONING DISTRICTS. Section 3. That this Ordinance shall take effect and be in full force from and after the date of its publication. Passed and adopted this day of Council of the City of Elk River. , 1999 by the City Stephanie A. Klinzing, Mayor ATTEST: Sandra A. Peine, City Clerk \ \elkriver\sys \shrdoc \planning\stevewen \ccmmo \oa98. _.doc