6.3 - 6.5 rk./ ITEM # 6.3-6.5.
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Item#
ity of
River
MEMO
lkTO: Planning Commission
FROM: Stephen Wensman, Planner �^I
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
Request
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 171St Avenue, Lot 1, Block 1 and Outlot B, Leon LeFebvre Addition
Zoning/Land Use
I-1 (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 Commission/ZC 98-12,P 98-9 and CU 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.
Rezon ink'
The rezoning of a 7.51 acre parcel (Outlot B and triangle of land 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 I1 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.
•
\\elkriver\sys\shrdoc\planning\stevewen\pcmmo\lefvrepc.doc
Memo to Planning Commission/ZC 98-12,P 98-9 and CU 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
(CU 96-18). The existing conditional use permit shall be amended to include
the newly platted land. Based 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
\\el kriver\sys\shrdoc\planning\stevewen\pcmmo\Iefvrepc.doc
Memo to Planning Commission/ZC 98-12,P 98-9 and CU 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 I1 (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 I1 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:
•
\\el kriver\sys\shrdoc\pl anning\stevewen\pcmmo\lefvrepc.doc
Memo to Planning Commission/ZC 98-12,P 98-9 and CU 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 staff's comments be included into the site plan and landscape
plan prior to City Council approval. Staff's 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 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
• • Identification of sodded and seeded areas
\\elkriver\sys\shrdoc\planning\stevewen\pcmmo\lefvrepc.doc
Memo to Planning Commission/ZC 98-12,P 98-9 and CU 98-29
December 24, 1998
Page 6
• • Identification of areas with underground irrigation
including the landscaped area along 171st
•
IP
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• ORDINANCE 98-
CITY OF ELK RIVER
AN ORDINANCE AMENDING THE
CITY OF ELK RIVER ZONING MAP TO REZONE CERTAIN
PROPERTY FROM R1C (SINGLE FAMILY RESIDENTIAL)
TO R3 (TOWNHOUSE/MULTIPLE FAMILY RESIDENTIAL)
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 REQONING FROM I1
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 , 1998 by the City
Council of the City of Elk River.
Henry A. Duitsman, Mayor
ATTEST:
Sandra A. Peine, City Clerk
•
s:\planning\stevewen\pcmmo\oa98-_.doc
EXHIBIT A
•
That part of the North half of the Northeast Quarter of Section 11, Township 32, Range 26,
Sherburne County, Minnesota which lies Southwesterly of the Burlington Northern Railroad and
which lies Northwesterly of a line drawn parallel with and distant 18.048 meters (59.21 feet)
Northwesterly of the following described line:
Beginning at the Southwest corner of the Northeast Quarter of the Northwest Quarter of said
Section 11; thence South 89 degrees 59 minutes 53 seconds East, on an assumed bearing
along the South line of said Northeast Quarter of the Northwest Quarter, a distance of 73.704
meters (241.81 feet); thence Easterly, a distance of 39.866 meters (130.79 feet) along a
tangential curve concave to the North having a radius of 198.567 meters (651.47 feet) and a
central angle of 11 degrees 30 minutes 11 seconds; thence North 78 degrees 29 minutes 56
seconds East, tangent to the last described curve, a distance of 10.000 meters (32.81 feet);
thence Easterly, a distance of 39.866 meters (130.79 feet), along a tangential curve concave to
the South having a radius of 198.567 meters (651.47 feet) and a central angle of 11 degrees 30
minutes 11 seconds; thence South 89 degrees 59 minutes 53 seconds East, tangent to the last
described curve, a distance of 196.608 meters (645.04 feet); thence Easterly and Northeasterly,
a distance of 84.945 meters (278.69 feet) along a tangential curve concave to the Northwest
having a radius of 125.000 meters (410.10 feet) and a central angle of 38 degrees 56 minutes
09 seconds; thence North 51 degrees 03 minutes 58 seconds East, tangent to the last
described curve, to the Southwesterly right-of-way line of said Burlington Northern Railroad and
there terminating.
•
•
\\S P NW FS\VOL 1\DATA\PROJ\800110j\0068\110-3001.oct.doc
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City of ElkTRiver
MAP
13065 Orono Parkway • P.O. Box 490 CASE: ZC 98-12
Elk River, MN 55330