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7.1. SR 03-20-2017City of Elk az — River Request for Action To Item Number Mayor and City Council 7.1 Agenda Section Meeting Date Prepared by Public Hearings March 20, 2017 Chris Leeseberg, Senior Planner Item Description Reviewed by Simple Plat of Yankee Doodle Crossing, Ebert Zack Carlton, Planning Manager Construction Reviewed by Cal Portner, City Administrator Action Requested Approve, by resolution, the Final Plat of Yankee Doodle Crossing with the following conditions: 1. Any development of Oudot A in the Yankee Doodle Crossing subdivision will require an amendment to Conditional Use Permit No. 14-13 (U -Haul Trailers). 2. The existing freestanding sign must be relocated to Lot 1, Block 1, of the Yankee Doodle Crossing subdivision within 12 months of the plat being recorded. The new location must comply with all setback and design standards as described in city code. 3. Future development or redevelopment on Oudot A, and Lot 1, Block 1, of Yankee Doodle Crossing must comply with all setback and design standards described in city code. Background/Discussion Case No. P 17-04 The property is east of Joplin Avenue and south of Highway 10 and is zoned C3 Highway Commercial. The minimum lot size for this district is 1 acre with 100 feet of public street frontage required. The applicant proposes to split the property into two parcels, Lot 1, Block 1, for the existing business and Oudot A, which will later be combined with a neighboring development proposal. The proposed Lot 1, Block 1, is 1.71 acres and Oudot A is .32 acres. Lot 1, Block 1, meets the design standards but Oudot A does not, which is permitted as the Oudot designation renders the parcel unbuildable. Oudot A will become compliant when incorporated into the new development, and will remain undevelopable until then. The applicant is working on a larger commercial development that will include Oudot A along with six other properties south and west of the subject property. As part of the development proposal, the city and county will be releasing some property to Lot 1, Block 1, for the loss of property associated with Oudot A. Analysis Comprehensive Plan The property has a Highway Business Land Use. The use ranges from moderate to high intensity forms of commercial development in Elk River. Businesses NaA f RE] in this category may be the largest both in terms of size and traffic generation while also providing services and convenience types of business. Market orientation tends to be regional in nature. Development orientation tends to be toward regional highways. Future Highway Business developments should be located within the Urban Service Boundary and adjacent to regional highways with both visibility and access. Examples of Highway Business uses include discount retailers, grocery, restaurants, automotive sales and service, general merchandise, and professional services. The Highway Business land use follows the Highway 169 and Highway 10 corridors. An important planning issue is providing options to accommodate increased demand for retail and service opportunities that meet access, visibility and size requirements. Conditional Use Permit A Conditional Use Permit (CUP), Case No. 14-13, for a rental business at Ralphie's Victory Lane, 13374 Highway 10, was approved by the Elk River City Council on June 16, 2014. Upon final plat approval, a portion of the approved CUP area for the rental business would be on Outlot A of the proposed plat. Staff recommends any development of Outlot A require an amendment to the CUP placing the rental operation entirely on 13374 Highway 10 (75-132-2426). However, upon consultation with the city attorney, the operation may continue as is, until the redevelopment occurs. Signage Upon final plat approval, the freestanding sign for Ralphie's Victory Lane, 13374 Highway 10 will be located on Outlot A of the proposed plat and will become a non -conforming off -premise sign. Staff recommends the sign be relocated to Lot 1, Block 1, within 12 months of the plat being recorded. If the sign has not been relocated by that time, staff will pursue enforcement with the owner of Oudot A. 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 honing regulations (article VI of this chapter) and conforms in all respects with all requirements of this Code,including the Zoning regulations and this article. The property is zoned C3 Highway Commercial 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 comprebensive development plan. 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 existing business and for 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 required facilities. N:\Public Bodies\Agenda Packets\03-20-2017\Done\planning\7.1 si.docx 5. The proposed subdivision will not cause substantial environmental damage. No new construction activities are proposed for Lot 1 Block 1. 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 proposal will not will not conflict with easements of record or with easements established by judgment of a court. 7. The proposed subdivision Y411 not have an undue and adverse impact on the reasonable development of neighboring land. The proposed subdivision will be executed to improve the development potential of neighboring land and will not have an undue and adverse impact. (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 systems. All of the above services or improvements will be connected or constructed as part of the development. The project is consistent with all required findings for approval of a 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. Financial Impact None Statutory Review Period Per State Statute, the required 120 -day review period for a plat ends on June 27, 2017. Attachments ■ Location Map ■ Final Plat ■ Resolution N:\Public Bodies\Agenda Packets\03-20-2017\Done\planning\7.1 si.docx I I F :� low lop k Ln "A64L. -T- � CN 1% J`fvn I U3 r- e. -T- � CN 1% J`fvn I U3 r- u MAW IOL 0 z (1) Ln rd U MEN A v -4 Ln r-_ LA L; u MAW IOL 0 z (1) Ln rd U a NA AA U11MIN f IN RMN!! P, U M Fg ------ -- - - - - - - - - - - - - — - - - ---1 a gti%M4 M N"I,- Fa It €„ H ----- ------ 15 it C) tt, i t • AA, I -W 9 FL I6 Wa H, 9";-- tilt N i -1A UZ VM HIS 'Ka P- H -o -Ii- ad iks ;ok 1, ,,FM 'aaa- I lu -% iv I NU 1j , % st fr 888E i �,WW zwau u%ilids 'j It Efl, 1" Aufl- . li I EE ;4g°ea Nos i i1 tag sm It it Zli. 9ii l! A ------ -- - - - - - - - - - - - - — - - - ---1 a gti%M4 M N"I,- Fa It €„ H ----- ------ 15 q I I I \ � gti%M4 M N"I,- Fa It €„ it C) tt, i t AA, A FL I6 Wa H, 9";-- tilt N i -1A UZ VM HIS 'Ka P- H -o -Ii- ad iks ;ok 1, ,,FM 'aaa- I lu -% iv I NU 1j , % st fr 888E i �,WW zwau u%ilids 'j It Efl, 1" Aufl- . li I EE ;4g°ea Nos i q I I I \ � It €„ it C) � It City of Elk *�� River Resolution 17- A Resolution of the City of Elk River Granting Final Plat Approval for Yankee Doodle Crossing, Case No. P 17-04 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, 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 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 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. P O W E R E D 0 Y `4AVR 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 20th day of March, 2017. John J. Dietz, Mayor ATTEST: Tina Allard, City Clerk P O W E R E D 0 Y AUR EXHIBIT A LEGAL DESCRIPTION Legal description of the subject property is that part of the Southeast Quarter of the Northwest Quarter and of the Northeast Quarter of the Southwest Quarter of Section 32 lying northerly of the northerly line of old Highway 10 which is known as the Elk River to Big Lake Road and lying southeasterly of Highway 10 as now laid out and traveled and lying west of a line described, Township 33, Range 26, Sherburne County, MN. POWERED 0Y AUR EXHIBIT B CONDITIONS OF APPROVAL 1. Any development of Oudot A in the Yankee Doodle Crossing subdivision will require an amendment to Conditional Use Permit No. 14-13 (U -Haul Trailers). 2. The existing freestanding sign must be relocated to Lot 1, Block 1, of the Yankee Doodle Crossing subdivision within 12 months of the plat being recorded. The new location must comply with all setback and design standards as described in city code. 3. Future development or redevelopment on Oudot A, and Lot 1, Block 1, of Yankee Doodle Crossing must comply with all setback and design standards described in city code. P O W E R E D 0 Y AUR `-7 � 1, 4-tA,11-1dau� Request for Action To Item Number Mayor and City Council 7.1 Agenda Section Meeting Date Prepared by Public Hearings March 20, 2017 Chris Leeseberg, Senior Planner Item Description Reviewed by Simple Plat of Yankee Doodle Crossing, Ebert Zack Carlton, Planning Manager Construction Reviewed by Cal Pormer, City Administrator Action Requested Approve, by resolution, the Final Plat of Yankee Doodle Crossing with the following conditions: 1. Any development of Oudot A in the Yankee Doodle Crossing subdivision will require an amendment to Conditional Use Permit No. 14-13 (U -Haul Trailers). 2. The existing freestanding sign must be relocated to Lot 1, Block 1, of the Yankee Doodle Crossing subdivision when any development, redevelopment, platting, or other approvals on Outlot A of the Yankee Doodle Crossing subdivision occur. 3. No permit for modifications to the existing freestanding sign on Oudot A of the Yankee Doodle Crossing subdivision will be issued. 4. Future development or redevelopment on Oudot A, and Lot 1, Block 1, of Yankee Doodle Crossing must comply with all setback and design standards described in city code. Background/Discussion Case No. P 17-04 The property is east of Joplin Avenue and south of Highway 10 and is zoned C3 Highway Commercial. The minimum lot size for this district is 1 acre with 100 feet of public street frontage required. The applicant proposes to split the property into two parcels, Lot 1, Block 1, for the existing business and Oudot A, which will later be combined with a neighboring development proposal. The proposed Lot 1, Block 1, is 1.71 acres and Oudot A is .32 acres. Lot 1, Block 1, meets the design standards but Oudot A does not, which is permitted as the Oudot designation renders the parcel unbuildable. Oudot A will _ become compliant when incorporated into the new development, and will remain undevelopable until then. The applicant is working on a larger commercial development that will include Oudot A along with six other properties south and west of the subject property. As part of the development proposal, the city and county will be releasing some property to Lot 1, Block 1, for the loss of property associated with Oudot A. Analysis Comprehensive Plan I I I I"' 11 NATURE