Loading...
7.4. SR 02-19-2019 ��i Eof lk — - Request for Action River To Item Number Mayor and City Council 7.4 Agenda Section Meeting Date Prepared by Public Hearinj lFebruary19, 2019 Zack Carlton,Planning Manager Item Description Reviewed by Preliminary and Final Plat: ER Ventures 2nd Chris Leeseberg, Senior Planner Addition, 17994 Zane Street NW Reviewed by Cal Portner, City Administrator Action Requested Approve,by motion,the Preliminary Plat of ER Ventures 2nd Addition. Adopt,by motion,a resolution granting Final Plat of ER Ventures 2nd Addition,with the condition that variance V 19-01 is recorded with Lot 1,Block 1, ER Ventures 2nd Addition. Background/Discussion Case No. P 19-01 The applicant,Venture Pass Partners,has requested to subdivide the 2.77 acre parcel at 17994 Zane Street NW into two commercial lots. One lot will house an existing billboard, and the second lot will accommodate future commercial development. The applicant included sketch plans for _ a possible development on the second lot,but a U formal site plan application has not been received. CR 33 Ic The lot proposed to house the billboard is below the minimum lot size required in the C-3 (Highway = Commercial) zoning district. The Board of RR Adjustments approved a variance,V 19-01, allowing the substandard lot during their January 29, 2019, meeting and the 10-day appeal period has since Hwy 10 expired. cs 12 • Development fees,including Park Dedication,were paid with the first addition of ER Ventures and no additional fees are required as part of the application. 69 The Elk River Vision A avelcoming community avith revolutionary and spirited reso; Figure I p 6 y service, and community engagement that encourages and in Aires pro�perzy NATUR Applicable Regulations City ordinance section 30-375 outlines the required findings for approval of a Preliminary Plat. 1. The proposed subdivision is consistent witb the honing regulations (article "of tbis cbapter) and conforms in all respects witb all requirements of this Code, including the honing regulations and this article. Both parcels in the subdivision abut and have access to a public street. With approval of the minimum lot size variance (V 19-01) both parcels will satisfy the dimensional standards outlined in the ordinance. No change to the zoning has been approved/requested and any future use will need to be consistent with the zoning regulations at the time of approval. 2. The proposed subdivision is consistent witb all applicable general and speciali.Zed city, county, and regional plans, including, but not limited to, the city's comprebensive development plan. MnDOT provided comments regarding anticipated changes to Highway 169, but did not state the proposal would conflict with future plans.Access to the west,MnDOT right-of-way,is restricted via the plat. The subdivision is consistent with all applicable plans. 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. Future development of the parcel will be limited by the presence of overhead power line easements,which are shown on the plat and sketch plans. However,the applicant included sketch plans showing how the site can be configured for future development. Drainage and grading plans will be reviewed when a development application is submitted for the parcels in the future. The physical characteristics of the site support future commercial development. 4. The proposed subdivision makes adequate provision for water supply, storm drainage, seavage transportation, erosion control and all otber services,facilities and improvements otbetwise required in this article. The subdivision includes adequate provisions for future connections to city utilities and the developable parcel can accommodate stormwater and access/circulation requirements based on the submitted sketch plans. Future development applications will need to show compliance with city requirements at the time of approval. 5. The proposed subdivision will not cause substantial environmental damage. The subdivision will not cause substantial environmental damage. 6. The proposed subdivision will not conflict witb easements of record or witb easements establisbed by judgment of a court The subdivision includes a significant number of utility easements for overhead power lines. These easements limit the development potential of the site and will need to be accounted for with any future project. 7. The proposed subdivision will not bave an undue and adverse impact on the reasonable development of neigbboring land. The subdivision supports future commercial development in the area,and will not have an undue or adverse impact on the reasonable development of neighboring land. 8. The proposed subdivision is notpremature.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. N:\Public Bodies\Agenda Packets\02-19-2019\Final\7.4 sr ER Ventures Plat.docx d. Lack of adequate off-site public improvements or support ystems. The subdivision is not premature as the above conditions have been provided for. Planning Commission The Planning Commission held a public hearing regarding the Preliminary Plat on January 29, 2019, and unanimously recommended approval. No one spoke during the public hearing and additional comments for or against the proposal has not been received. Financial Impact None Statutory Review Period Per State Statute the required 120-day review period ends on May 2, 2019. Attachments ■ Location Map ■ Preliminary Plat dated January 24, 2019 ■ Final Plat dated January 24, 2019 ■ Site sketches ■ Wetland Diagram ■ Final Plat Resolution N:\Public Bodies\Agenda Packets\02-19-2019\Final\7.4 sr ER Ventures Plat.docx Sherburne County, MNVICINITY MAPSec. 2, Twp. 32, Rng. 26 Sherburne County, MNVICINITY MAPSec. 2, Twp. 32, Rng. 26KNOW ALL PERSONS BY THESE PRESENTS: That ER Ventures, LLC, a Minnesota limited liability company, owner and proprietor of the following described property situated in theCounty of Sherburne, State of Minnesota, to-wit:Lot 2, Block 1, ER VENTURES ADDITION, according to the recorded plat thereof, Sherburne County, Minnesota.Have caused the same to be surveyed and platted as ER VENTURES 2ND ADDITION and do hereby dedicate to the public for public use forever the walkway easement as shown andeasements as shown on this plat for drainage, utility and drainage and utility purposes only.In witness whereof said ER Ventures, LLC, has caused these presents to be signed by its proper officer hereafter afixed, this _____ day of _______________, 20____.ER VENTURES, LLC____________________________________James Ottenstein, PresidentSTATE OF MINNESOTACOUNTY OF ________________________The foregoing instrument was acknowledged before me this _____ day of _______________, 20____ by James Ottenstein, President, ER Ventures, LLC, a Minnesota limited liabilitycompany, on behalf of said company._____________________________ _____________________________Notary Signature Notary Printed NameNotary Public, ____________________ County, MinnesotaMy Commission Expires _____________________CITY PLANNING COMMISIONApproved by the Planning Commision of the City of Elk River, Minnesota, at a meeting held this _______ day of _____________, 20____.CITY COUNCILApproved and accepted by the City Council, Elk River, Minnesota at a meeting held this _______ day of _________________, 20____.________________ Attest___________________________Mayor ClerkCITY ATTORNEYI hereby certify that proper evidence of title has been presented to and examined by me and I hereby approve the plat as to form and execution this ________ day of _________________,20____._____________________________Elk River, City AttorneyCITY ENGINEERI hereby certify that this plat has been reviewed by the office of the City Engineer. Dated this ________ day of _________________, 20____._____________________________Elk River, City EngineerCOUNTY SURVEYORPursuant to Sherburne County Ordinance Number 006, I hereby certify that this plat has been checked and approved as to compliance with Chapter 505, Minnesota Statutes this _____ dayof __________ 20____._______________________________________________Sherburne County Surveyor,Minnesota License Number _______________COUNTY AUDITOR/TREASURERI hereby certify that the taxes payable in the year ________ on the lands herein described are paid in full and there are no delinquent taxes and transfer entered this _____ day of __________20____._________________________________________________Sherburne County Auditor/TreasurerCOUNTY RECORDERI hereby certify that this instrument was filed in the office of the County Recorder for record on this ______ day of ___________________, 20____, at ________o' clock __.M. and was dulyrecorded as Document Number ______________________ .___________________________________Sherburne County RecorderI do hereby certify that this plat was prepared by me or under my direct supervision; that I am a duly Licensed Land Surveyor in the State of Minnesota; that this plat is a correctrepresentation of the boundary survey; that all mathematical data and labels are correctly designated on the plat; that all monuments depicted on the plat have been, or will be correctly setwithin one year; that all water boundaries and wet lands as defined in Minnesota Statutes, Section 505.01, Subdivision. 3, as of the date of this certificate are shown and labeled on this plat;and all public ways are shown and labeled on this plat.______________________________________________________________Barry R. Dorniden, Licensed Land Surveyor,Minnesota License Number 23044STATE OF MINNESOTACOUNTY OF ________________The foregoing instrument was acknowledged before me this ______ day of ___________________, 20____ by, Barry R. Dorniden, Licensed Land Surveyor, Minnesota License Number23044.__________________________ ______________________________Notary Signature Notary Printed NameNotary Public, ______________ County, MinnesotaMy Commission Expires ___________________ - 0 0.03 0.06 0.09 0.120.015 Miles Figure 5. Wetland Location Sketch Zane Street Commons Elk River, MN 11541 95th Avenue N. Maple Grove, MN 55369 (763) 315-4501 www.pineng.com SITE Wetland 1 City of Elk City of Elk River Wver City Council Resolution 19- A Resolution of the City Council of the City of Elk River Granting Final Plat Approval for ER Ventures Second Addition, Case No. P 19-01 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 plat of the Property. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Elk River,Minnesota, as follows: 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 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 NATUREJ 2. Final plat approval is hereby granted for the Property. 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 191h day of February,2019. John J. Dietz,Mayor ATTEST: Tina Allard, City NATUREI EXHIBIT A LEGAL DESCRIPTION Lot 2, Block 1,ER VENTURES ADDITION, according to the recorded plat thereof, Sherburne County, NATUREJ EXHIBIT B CONDITION OF APPROVAL The lot size variance,V 19-01, shall be recorded against Lot 1, Block 1, ER VENTURES SECOND NATUREJ