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7.2. SR 08-17-2020it ci Elk* River Request for Action To Item Number Mayor and City Council 7.2 Agenda Section Meeting Date Prepared by Public Hearing August 17, 2020 Zack Carlton, Planning Manager Item Description Reviewed by Copart of Connecticut — Salvage Yard Chris Leeseber , Senior Planner Reviewed by Expansion, 15932 Jarvis Street ■ Land Use Amendment Cal Portner, City Administrator ■ Right -of -Way Easement Vacation ■ Preliminary and Final Plat of Cascade Industrial Park Third Addition ■ Conditional Use Permit Authorizing a Salvage Yard Action Requested Approve, by motion, a resolution approving an amendment to the City of Elk River Comprehensive plan, swapping industrial and open space land uses with the condition that the associated preliminary plat (P 20- 11) and CUP (CU 20-14) are approved by the City Council. Adopt, by motion, a resolution vacating portions of the plat of Cascade - Industrial Park under the condition that the plat of Cascade Industrial CR as Park Third Addition is approved by the City Council. Approve, by motion, the Preliminary Plat for Cascade Industrial Park z Third Addition, with the following conditions: RR 1. A recommendation from the Parks and Recreation Commission (supporting or opposing) must be provided to the City Council. Hwy to 2. Staff review and approval of the Phase 1 environmental assessment CR 12 for PIDs 75-712-0030, 75-712-0040, and 75-603-0020. 3. Council adoption of a resolution vacating the right-of-way for Buchanan Street NW and 161" Avenue NW. 4. Planning Commission adoption of a resolution stating the proposed RP land swap has no impact on the Comprehensive Plan. yk 5. The Land Use Amendment (Case No. LU 20-03) swapping industrial and open space land uses must be approved by Council. Adopt, by motion, a resolution approving the Final Plat of Cascade Figure i Industrial Park Third Addition, with the following conditions: 1. All conditions of approval for Conditional Use Permit (Case No. CU 20-14) and the Preliminary Plat (Case No. P 20-11) must be satisfied. The Elk River Vision P O E R E o [NTRjA n elcoming community avith revolutionary and spirited resourcefulness, exceptional AU service, and community engagement that encourages and inspires prosperity. Updated. August 2020 2. Copart of Connecticut shall provide a warranty deed for the portions of Oudots C & D, CASCADE INDUSTIAL PARK located within Oudot A of the proposed plat of CASCADE INDUSTRIAL PARK THIRD ADDITION to the city. 3. The resolution vacating the right-of-way dedicated in the plat of Cascade Industrial Park must be recorded before the plat. 4. Park Dedication shall be paid prior to releasing the plat for recording — currently 6% of county assessed value. 5. A development Agreement must be signed by the city and developer prior to releasing the final plat for recording. 6. A Letter of Credit shall be provided to the city in the amount of 100% of the costs of the public improvements. 7. Upon completion of all improvements and acceptance by the city, a security or warranty in a form acceptable to the Public Works Director must be secured. 8. Any item or condition found that indicates the site is likely to yield information important to pre -history or history shall be reported to the city immediately. Further, the city reserves the right to stop work authorized in its approval until the site is appropriately investigated and work is authorized. 9. The City of Elk River will record the final plat upon satisfaction of all conditions of approval. Approve, by motion, the Conditional Use Permit authorizing operation of a salvage yard on Lot 1, Block 1, Cascade Industrial Park Third Addition, with the following conditions: 1. City Council approval of the Preliminary and Final Plat of Cascade Industrial Park Third Addition. 2. The site plan must show the presence of an approved surface (bituminous, gravel, or concrete) on all driving and parking areas. 3. All perimeter privacy fencing shall be eight feet tall, 100% opaque, and green in color in order to reduce visual impacts around the property. 4. Follow the 2015 Minnesota State Fire Code Appendix D for Fire Apparatus Access Roads. 5. Follow all city stormwater management practices and procedures established as part of Phase 1 of the Copart project. 5. NPDES permit should be amended to include both phases. 7. Submit a vehicle staging plan. Parking, stalling, and staging will not be permitted on Jarvis St., 163rd Ave., 165d' Ave., or any other rights -of -way. 8. Staff approval of a vegetated screen along the railroad tracks. 9. Satisfaction of all staff comments in the letter dated July 9, 2020. 10. Staff approval of all site and civil plans. Background/Discussion City staff and the applicant, Copart of Connecticut, Inc., have been working together on a proposed land swap that would facilitate expansion of a salvage yard onto three oudots within the Cascade Industrial Park (PIDs 75- 712-0010, 75-712- 0030, & 75-712-0040) and a portion of the city owned oudot that includes the Youth Athletic Complex (YAC). The properties are zoned I-3 (General Industrial) where salvage yards require a Conditional Use Permit (CUP). This will be the second phase of Copart's business development in the City of Elk River and would expand their total footprint to approximately 45 acres. At full build -out and operational capacity, the Copart operation will include a new 12,800 SF office and shop facility and 14 full-time employees. The hours of operation will remain Monday through Friday, 8:00 a.m. to 5:00 p.m., and will be closed on weekends. The additional parcels proposed to be used as the salvage yard total 25 acres and are currently vacant/undeveloped oudots. The application package includes a request to vacate the undeveloped right-of-way through the property. N:\Public Bodies\Agenda Packets\08-17-2020\Final\7.2 sr Copartdocx Staff maintains concerns regarding the storage of damaged motor vehicles, and the hazardous materials that accompany them. However, due to the type of business Copart is classified, state and county regulations for salvage yards do not apply. Staff addressed this with the last project by requiring additional pollution control and stormwater treatment measures through the CUP process, and those same standards are again required for this phase. Land Swap The proposed site plan requires a land swap between Copart and the City of Elk River. The current plat provides each party with similar areas of developable property but facilitates more efficient use and growth in this area of the city. The swap will require updates to city's Comprehensive Plan and to the Park and Recreation Master Plan related to the Youth Athletic Complex (YAC). The attached graphics illustrate a draft reorganization of the existing land uses and YAC. Easement Vacation The plat of Cascade Industrial Park dedicated unimproved right-of-way within the currently proposed development area. The applicant has purchased the three vacant oudots surrounding the unimproved right-of- way and is requesting to vacate the right-of-way easements to allow development of the property as one large parcel. The two existing cul-de-sacs will be platted as right-of-way in the proposed plat of Cascade Industrial Park Third Addition. Planning Commission The Planning Commission held a public hearing on July 28, 2020, and a second on August 12, 2020. During the public hearing, a neighboring business owner spoke and addressed traffic from their existing operation and parking or staging of tow trucks for the new operation. He stated that he has seen numerous tow -trucks drive through the residential areas to the east and wants to make sure that will be addressed with the expansion. Staff addressed his concerns noting that the conditions of approval prohibit parking, staging, or stalling on the surrounding city streets. The applicant also stated that they will work with all contractors to use main roads, and not cut through residential areas. The Planning Commission discussed grading and landscaping. The staff comment letter noted a high point in the center of the salvage yard which put the area above the perimeter fence. The applicant submitted updated plans to lower the high point in the center and raise the fence. The Commission was satisfied with the change and unanimously recommended approval with the conditions in the staff report. Park and Recreation Commission The Park and Recreation Commission reviewed the application during the regular meetings on July 8, 2020, and August 12, 2020. During the first meeting there was desire from some commissioners for more information and the commission ultimately did not make a recommendation to the Council. The Commission again reviewed the project on August 12`' and with the additional information provided, unanimously recommended approval of the project. Financial Impact None Mission/Policy/Goal The proposed project expands an existing industrial operation, adds jobs to the community, and improves the development potential of the Youth Athletic Complex. N:\Public Bodies\Agenda Packets\08-17-2020\Final\7.2 sr Copartdocx Attachments ■ Planning Commission packet dated August 12, 2020 ■ Final Plat of Cascade Industrial Park Third Addition ■ Comprehensive Plan Amendment Resolution ■ Easement Vacation Resolution ■ Final Plat Resolution N:\Public Bodies\Agenda Packets\08-17-2020\Final\7.2 sr Copart.docx Request for Action ver To Item Number Planning Commission 3.1 Agenda Section Meeting Date Prepared by Public Hearings August 12, 2020 Zack Carlton, Planning Manager Item Description Reviewed by Copart Phase II Update: Copart of Connecticut, Inc Chris Leeseber , Senior Planner Reviewed by - 15932 Jarvis St. NW ■ Land Use Amendment, Case No. LU 20-03 ■ Conditional Use Permit to Operate a Salvage Yard, Case No. CU 20-14 ■ Preliminary Plat of Cascade Industrial Park Third Addition, Case No. P 20-11 Action Requested Recommend, by motion, approval of an amendment to the City of Elk River Comprehensive plan, swapping industrial and open space land uses with the condition that the associated preliminary plat (P 20-11) and CUP (CU 20-14) are approved by the City Council. Recommend, by motion, approval of the Preliminary Plat for - Cascade Industrial Park Third Addition, with the following " conditions: 1. A recommendation from the Parks and Recreation Commission (supporting or opposing) must be provided to the City Council. 2. Submittal of the Phase 1 environmental assessment for PIDs 75- RR 712-0030, 75-712-0040, and 75-603-0020. 3. Council adoption of a resolution vacating the right-of-way for Hwy 10 - Buchanan Street NW and 1615` Avenue NW. 4. Planning Commission adoption of a resolution stating the proposed land swap has no impact on the Comprehensive Plan. 5. The Land Use Amendment (Case No. LU 20-03) swapping industrial and open space land uses is approved. Recommend, by motion, approval of the Conditional Use Permit authorizing operation of a salvage yard on Lot 1, Block 1, Cascade Industrial Park Third Addition, with the following conditions: 1. City Council approval of the Preliminary and Final Plat of Figure I Cascade Industrial Park Third Addition. CR 33 2. The site plan must show the presence of an approved surface (bituminous, gravel, or concrete) on all driving and parking areas. The Elk River Vision CR 12 A welcoming community v4th revolutionary and spirited resourcefulness, exceptional pV p w E R 1 © V r service, and community engagement that encourages and inspires prosperity fIkIA 3. All fencing shall be eight feet tall and green in color in order to reduce visual impacts around the property. 4. Follow the 2015 Minnesota State Fire Code Appendix D for Fire Apparatus Access Roads. 5. Follow all city stormwater management practices and procedures established as part of Phase 1 of the Copart project. 6. NPDES permit should be amended to include both phases. 7. Submit a vehicle staging plan. Parking, stalling, and staging will not be permitted on Jarvis St., 163Ta Ave., 1651h Ave., or any other rights -of -way. 8. Staff approval of a vegetated screen along the railroad tracks. 9. Satisfaction of all staff comments in the letter dated July 9, 2020. 10. Staff approval of all site and civil plans. Adopt, by motion, a resolution finding compliance with the Comprehensive Plan regarding the proposed land swap with the applicant. Background/Discussion City staff and the applicant, Copart of Connecticut, Inc., have been working together on a proposed land swap that would facilitate expansion of a salvage yard onto three oudots within the Cascade Industrial Park (PIDs 75-712-0010, 75-712- 0030, & 75-712-0040) and a portion of the city owned outlot that includes the Youth Athletic Complex (YAC). The properties are zoned I-3 (General Industrial) where salvage yards require a Conditional Use Permit (CUP). This will be the second phase of Copart's business development in the City of Elk River and would expand their total footprint to approximately 45 acres. At full build -out and operational capacity, the Copart operation will include a new 12,800 SF office and shop facility and 14 full-time employees. The hours of operation will remain Monday through Friday, 8:00 a.m. to 5:00 p.m., and will be closed on weekends. The additional parcels proposed to be used as the salvage yard total 25 acres and are currently vacant/undeveloped outlots. The application package includes a request to vacate the undeveloped right- of-way through the property. Staff maintains concerns regarding the storage of damaged motor vehicles, and the hazardous materials that accompany them. However, due to the type of business Copart is classified, state and county regulations for salvage yards do not apply. Staff addressed this with the last project by requiring additional pollution control and stormwater treatment measures through the CUP process, and those same standards are again required for this phase. Land Swap The proposed site plan requires a land swap between Copart and the City of Elk River. The current plat provides each party with similar areas of developable property but facilitates more efficient use and growth in this area of the city. The swap will require updates to city's Comprehensive Plan and to the Park and Recreation Master Plan, specifically related to the YAC. The attached graphics illustrate a draft reorganization of the existing land uses and YAC. The Park and Recreation Commission will review the proposal as it relates to their plan for YAC on August 12, 2020, and make a recommendation to the City Council for their consideration on August 17, 2020. Applicable Regulation Land Use Amendment Amendments to the Comprehensive Plan are periodically reviewed by the Planning Commission and, when the Commission deems necessary, recommends changes to the City Council. The Planning Commission and Council have the most discretion in evaluating amendments to the Lane Use Plan, and in this case a super majority of the Council will be required to approve the change. Staff supports the proposed Land Use Amendment as the two uses (industrial and open space) will remain in the area, but they will be re -configured to improve their function and usability. Plat Section 30-375 of the city ordinance outlines the findings necessary for City Council approval of a plat: 9. 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 subdivision complies with all performance standards outlined in the zoning ordinance and has direct access to a public street. The subdivision conforms to all requirements of this code. 2. The proposed subdivision is consistent n,,ith all applicable general and speciali,,ed city, county, and regional plans, including but not limited to, the city's comprehensive development plan. Upon approval of the proposed land use amendment the subdivision will be consistent with the Comprehensive Plan. The Park and Recreation Commission will review the project for compliance with their Park and Recreation Master Plan and will make the appropriate recommendation to the City Council. The subdivision accommodates access to all vacant and existing parcels. 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 project will include large areas of gravel parking and office building(s). The site is located out of the floodplain and does not impact existing wetlands. Submitted plans show compliance with city standards, and the conditions of approval help to ensure the project complies with all drainage standards. The site is suitable for the proposed development. 4. The proposed subdivision makes adequate provision for n ater supply, storm drainage, senrage transportation, erosion control and all other services, facilities and improvements othernrise required in this article. Stormwater is addressed as if the property met state and county standards for an operating salvage yard. Staff has included this as a condition of approval to ensure the proposed subdivision makes adequate provisions for all services and facilities in the area. 5. The proposed subdivision avill not cause substantial environmental damage. The subdivision does not detrimentally impact any environmentally sensitive areas. 6. The proposed subdivision avill not conflict nvith easements of record or with easements established by.judgment of a court. The application packet included an easement vacation for existing platted roads within the project area. The easements within the project area will be vacated, and a new roadway easement will be dedicated on the north side of the property. Upon the vacation of existing easements, the subdivision will not conflict with easements of record. 7. The proposed subdivision will not have an undue and adverse impact on the reasonable development of neighboring land. There are several vacant developable parcels near the proposed subdivision. The vacant lots are within the same zoning district and access will be maintained or improved. 8. The proposed subdivision is notpremature. A subdivision is premature i_ f an_y of the follonving exists: a. Lack of adequate stormwater drainage. Stormwater treatment is being reviewed for pollution control measures to ensure toxic chemicals do not infiltrate into the groundwater. Lack of adequate roads. The property can be accessed by the existing roadway network and the traffic analysis does not present immediate concern for impacts to the existing roadway network. However, the use will push the existing infrastructure closer to the point at which improvements will be needed. c. Lack of adequate sanitary sewer systems. The development is not served by the city's sanitary sewer system. d. Lack of adequate off -site public improvements or support systems. The traffic analysis completed by Copart shows an increase in the peak hour operation of the Jarvis Street/Highway 10 intersection. The intersection control report for the intersection does show 2 of the 9 traffic signal warrants as being met. The city and MnDOT continue to review the proposed Highway 10 corridor study which will identify short, mid, and long-term improvements. However, this project does not trigger specific improvements as a result of their operation. Conditional Use Permit In approving a Conditional Use Permit, the council may impose such specific conditions with regard to the development or operation of the proposed use as it considers necessary to satisfy the seven standards set forth in Section 30-654 and the requirements contained in this article and to promote compatibility with and minimize any potentially adverse effects upon adjacent properties, the neighborhood or the city. The issuance of a Conditional Use Permit can be ordered only if the use at the proposed location: 1. mill not endanger, injure or detrimentally affect the use and enjoyment of otherproperty in the immediate vicinity or the public health, safety, morals, comfort, convenience orgeneral n elfare of the neighborhood or the city. The site is currently vacant so any improvements will change the character of the area. The addition of motor vehicles and the associated potentially toxic chemicals will require additional oversight from the city, which has been included as a condition of approval. Staff also had concerns regarding traffic impacts on the surrounding streets and intersections with US Highway 10, but many of those have been addressed with a traffic study completed by the applicant earlier this year. The application includes a proposal to install an 8-foot-tall 100% opaque fence around the entire property. This is consistent with the requirement from Phase 1. 2. W1711 be consistent nrith the Comprehensive Plan. Upon approval of the proposed land use amendment the project will be consistent with the city's Comprehensive Plan. This requirement is included in the conditions of approval for the project. 3. WIN not impede the normal and orderly development and improvement of surrounding vacant property. The proposed land swap that accompanies this application will improve the development potential for the vacant city lot to the west but will not impede the normal and orderly development of the other vacant parcels in the area. With the proposed land swap staff does not see a need to impose specific conditions to satisfy this standard. 4. Weill be served adequately by and will not adversely affect essential public facilities and services including streets, police and fire protection, drainage, refuse disposal, water and server systems, parks and schools; and will not, in particular, create trac congestion or interference nrith traffic on adjacent and neighboring public thoroughfares. Staff has included multiple conditions of approval to address concerns with traffic, fire protection, and drainage. Staff included conditions regarding parking and staging of vehicles while the facility is closed. Parking and staging on city streets and rights -of -way will not be permitted. 5. WYlill not involve uses, activities, processes, materials, equipment and conditions of operation that mill be detrimental to any persons orproperty because of excessive traffic, noise, smoke, fumes, glare, odors, dust or vibrations. The use is storage and will not involve uses, activities, processes, materials, equipment, and conditions of operation that will be detrimental to any persons or property because of excessive traffic, noise, smoke, fumes, glare, odors, dust, or vibrations. Staff does not see a need to impose specific conditions to satisfy this standard. 6. lYlill not result in the destruction, loss or damage of a natural, scenic or historic feature of major importance. The site is an open and vacant area. The use will not result in the destruction, loss or damage of a natural, scenic or historic feature of major importance. Staff does not see a need to impose specific conditions to satisfy this standard. 7. Weill fully eovynvitb all other requirements of this Code, including any applicable requirements and standards for the issuance of a license or permit to establish and operate the proposed use in the city. Staff included conditions requiring compliance with state, county, and city ordinances related to salvage yards. Included conditions address compliance with this standard. If denial of such a permit 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 30-654. Statutory Review Period Per State Statute §15.99, the required 60-day review period ends on August 24, 2020. Council Meeting If acted on, this item will go to the August 17, 2020, City Council meeting. Attachments ■ Location Map ■ Applicant's Narrative ■ Site and Civil Plans ■ Preliminary and Final Plat of Cascade Park Third Addition ■ Staff Comment Letter dated July 9, 2020 ■ Land Use Exhibits ■ Youth Athletic Complex Exhibits ■ Resolution T- Ao- ru;--� �� . M Copart Statement of Operations and Project Narrative Elk River, Minnesota Statement of Operations Copart, Inc., ("Copart"), and its subsidiaries, provide cutting edge asset liquidation services ("Copart Asset Services") to institutional, commercial, and private owners (collectively "Sellers") of used undamaged or damaged vehicles, trailers, watercraft, and powersports, industrial and construction equipment (collectively, "Assets"). Most Sellers are insurance companies, licensed dealers, financial institutions, charities, municipalities, and fleet operators. Copart Asset Services include short-term storage and sales of Assets, and ancillary receiving, shipping, lien sale and administrative activities. All Assets are liquidated intact, meaning no dismantling, draining of fluids, crushing, or sale of parts occurs at a Copart facility ("Facility"). After being received at the Facility, Assets are inspected, photographed, catalogued, and placed in ground -level short-term storage designed for quick retrieval. Assets are never stacked and remain in short-term storage for an average of only 50 to 60 days. After being placed in short-term storage, Assets are listed for sale through Copart's proprietary online action -style website and mobile apps for purchase only by Copart registered members (collectively, "Members"). Members are primarily licensed dealers, dismantlers, rebuilders, and exporters, and in some cases are end users. All offers are submitted and accepted electronically, without the use of a live auctioneer. Members are provided the opportunity to inspect Assets at the Facility, although most Asset inspections are limited to viewing images and information made available online. Members may electronically submit preliminary offers from (a) anywhere in the world via a personal computer or mobile device with internet access (each, a "Remote Online Device"), or (b) a limited number of computer kiosks located at the Facility. The high preliminary offer is carried over to the online virtual sale, during which Members may submit offers electronically only from a Remote Online Device. Assets are sold to the Member with the highest offer ("Buyer"), who then arranges for pickup and transportation of their Assets from the Facility. Payment for sold Assets may be made electronically, via wire -transfer, or in person at the Facility. Titles to sold Assets are either picked up by the Buyer along with the sold Assets, or mailed by Copart to the Buyer. Project Narrative Copart currently owns Parcel 75-013-4400 (unplatted & approximately 20 acres) and was granted a Conditional Use Permit and has an approved Stormwater Management Plan, Landscape Plan and Fencing Plan. This is commonly referred to as ("Phase I") of this prof ect. This parcel is currently being used by Copart until the remaining property, commonly known as ("Phase II"), is approved for development. Phase II of this project (Parcels 75-712-0010, 75-712-0040, 75-712-0030 and approximately 28 acres) was already granted a Conditional Use Permit (Case No. CU 19- 09) subject to the conditions as stated on the City of Elk River Conditional Use Permit. Copart has recently purchased the Phase II parcels, as referenced above, and would like to pursue a land swap (approximately 14.3 acres) with the City of Elk River to better accommodate Copart's property layout and to accommodate for a better layout of the City's future expansion of the athletic complex to the northwest of said properties. The referenced land swap would include the replatting of Outlots C, D & E of Cascade Industrial Park and also the replatting of Outlot B of Parkview Addition to define the approximate 14.3 acres of property to be swapped. This is further depicted in the Exhibits. Phase I The previous owner of the 20 acres has cleaned up and vacated the property. Now that the remaining area of the parcel has been vacated, Copart will finish the development and site improvements. The existing building in the middle of the site will remain in place as part of this phase. The existing perimeter chain link fence will be replaced with an 8' tall, 100% opaque, dark green screening security fence and will encompass the entire property perimeter. The perimeter trees will also remain in place as additional screening on top of the proposed trees to be planted. Both existing site approaches/entrances will remain in place and will be gated and locked. The Facility will have approximately four full-time employees. The hours of operation are Monday through Friday from 8 am to 5 pm. The Facility will be closed Saturdays and Sundays. Phase II Once Phase I have been constructed and is operational, Copart will redevelop the next approximately 28 acres to the north and west. This next phase will be added to Phase I to operate as a new facility. Phase II will include the construction of a paved drop lot/receiving lot, additional stormwater treatment and ponding, the construction of an 8' tall, 100% opaque, dark green screening and security fence, rough grading to accommodate a future building and parking lot, and the installation of storm sewer. The future building will be a single -story and will include a new office and shop area, approximately 6,400 square feet for each of the office and shop (-12,800 SF total). The Facility will have approximately 10 additional full-time employees, for a total of approximately 14 full-time employees with both phases. The hours of operation are Monday through Friday from 8 am to 5 pm. The Facility will be closed Saturdays and Sundays. Summary Copart is experiencing rapid growth of new business in the region and is looking at expanding their Facility as soon as possible. The Elk River area and the above referenced parcels have been identified as a location. Further, Copart would like to pursue the above referenced land swap with the City of Elk River to better accommodate the future expansion and layout of the athletic fields, as well as, for a more efficient layout for Copart's operations. Copart is requesting approval of the land swap and approval of this amendment to the previously approved Conditional Use Permit and development plans. Z 3SVHd :83AN A13 idVdO7 3 ~ z Q a O O V1 v~i Z ry � z Q ¢ w W0 3= o MN 3Atl 15i9i d a Q N W p C Q O Z cG N S z N w J 7 u z 5 V ? 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"' J.• 1 III - v' �!� i.. `aY ■� 2�y River July 9, 2020 John Blenker, PE via email: John.Blenker@westwoodps.com Westwood mason.laycock@copart.com 370 12" St. N, Suite 206 St. Cloud, MN 56303 Re: Staff Comments for Copart's Salvage Yard Application City staff reviewed the updated Copart Salvage Yard applications on Monday July 6, 2020, and has the following comments. Please provide a response letter and updated plans prior to July 20, 2020. 1. Remove the proposed cul-de-sac extension of Buchanan Street NW and provide dedicated R/W around the existing cul-de-sac for 162nd Ave NW. 2. Update the R/W vacation request to include all rights -of -way outside of the proposed cul-de-sac for 161 s' Ave NW and the required R/W around the 162 d Ave cul-d-sac. 3. Update the final plat to include the city as a property owner and appropriate signature lines. The signature line for the Elk River City Attorney can also be removed. 4. Relocate the property line between what will be the city's parcel, outlot B, and Copart's parcel, Lot 1, Block 1, approximately 78 feet further south. The current parcel line reduces the useable area of the city owned lot from approximately 29.06 acres under the existing configuration to approximately 25.94 acres. a. This change keeps the useable portion of the city lot similar to the existing useable area and increases Copart's useable area from —23.74 acres to —23.85 acres. b. The resulting swap would be — 15.25 acres from Copart to the City and — 12.5 acres from the city to Copart. 5. Site plans identify an 8 foot tall opaque green fence around the perimeter of the storage area. 6. The grading plan places the highest point of the car storage area approximately 15 to 20 feet above the city owned parcel to the north. Can site grading be adjusted to reduce visual impacts? 7. Landscape standards are met, and a vegetative buffer is placed along the railroad tracks. 8. Engineering and stormwater continue to review the site plans, additional comments will follow when their review is complete. 13065 Orono Parkway Elk River, MN 55330 763.635.1000 [ I­ P 0 V E A E 0 0 Y NATURE] E1kRiverMN.gov Additionally, the Planning Commission will review the Preliminary Plat and CUP on July 28, 2020, and, with their recommendation, the City Council will review the Pre/Final Plats, CUP, and Easement Vacation on August 3, 2020. Please contact me to discuss any of these comments. Sincerely, Zack Carlton, AICP Planning Manager 763.635.1035 i 10 0 w de t5 4 r is V) 0 am O L. CL a cd N N �J Elk River - --� _ "- --'--- 165IH AVf - - aac j. HWNEASNIP I � _ ,00 aap � r F s tI F '3 i1 u NA I I I I I `uu'I lui 7 O AV "' ♦.�,� � I I I I I I p( c 4 r „u I I COPART OF CONNECTICIIT,INC. I I ELK RIVER COPART I ..........r..— I PRELPIM�ITARY olraeu;:rvr� nunrtv Mry PA[I�ER NUMB[R 00]}H2500 �' �- 6(22/Z020 City of Elk - Pdver City of Elk River Planning Commission Resolution 20-01 A Resolution of the Planning Commission of the City of Elk River Finding that a Land Exchange of Real Property is Consistent with the City of Elk River Comprehensive Plan WHEREAS, the City of Elk River "City" has agreed to terms with Copart of Connecticut "Applicant" for the exchange of property in the Cascade Industrial Park; and WHEREAS, the City would acquire approximately 15.25 acres of land from the Applicant and the City would deed approximately 12.5 acres of land to the Applicant, as is depicted in Exhibit A; and WHEREAS, the land exchanged will improve the development potential of city owned property, including the planned future expansion of the Youth Athletic Complex; and WHEREAS, Minn. Stat. 462.356, subd. 2 requires that the Planning Commission review the acquisition or disposition of public property for consistency with the Comprehensive Municipal Plan. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Elk River, Minnesota, as follows: The Planning Commission finds that the land exchange depicted in Exhibit A is consistent with the Comprehensive Municipal Plan. Passed and adopted this 12`i' day of August, 2020. ATTEST: Tina Allard, City Clerk Jill Larson -Vito, Planning Commission Chair P Q w E R 1 0 e r NATUREI f ® 2 ti � W J Z Edcc W z co o ---.-.. a' ' � n A O � o _ C 12i _oE- all a a 0 0 i ui 1 4A u wv _ g F wo _ of '4 E' F o 2 F E 10 R cc co cc L, pi of --------------- CIO Leo, m - - -- - -- - -- -1 F Ci - - - - - - - - - - - - - - - - - - - - - - - - Q5 4A k- I LU 4A - - - - - - - - - - - - - - - IS - - - - - ......... ............ . ... - - - - - - - - - - - - - - - - - - - - 7tt City of Elk *�� River City of Elk River City Council Resolution 20- A Resolution of the City Council of the City of Elk River Amending the Comprehensive Plan to Swap Industrial and Open Space Land Use Designations on Two Parcels. WHEREAS, application has been made for a Comprehensive Plan amendment to swap industrial and open space land use designations to facilitate future development of the Youth Athletic Complex and adjacent industrial parcels owned by Copart of Connecticut, and WHEREAS, Minnesota Statutes, Chapter 462.355, Subdivision 2, prescribes the procedure for amending the Comprehensive Plan, and WHEREAS, the Planning Commission held a public hearing on August 12, 2020, and recommended approval regarding the Comprehensive Plan amendment request for the property described in Exhibit A, and WHEREAS, the City Council has reviewed the Comprehensive Plan amendment request and finds the following: 1. The proposed land use swap better facilitates development of the surrounding and subject parcels. 2. The proposed land use is consistent with the surrounding land uses. 3. The use will not have adverse impacts on the surrounding land uses. 4. The proposed changes are in general conformance to the adopted Comprehensive Plan. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Elk River, Minnesota, as follows: The Land Use Plan be amended to change the land use designations as depicted in Exhibit A. Passed and adopted this 17"' day of August 2020. John J. Dietz, Mayor ATTEST: Tina Allard, City Clerk P O W E R E D 9 1 4A UR Exhibit A Outlots A, B, C and D CASCADE INDUSTRIAI, PARK and Outlot B PARKVIEW ADDITION addording to the recorded plat thereof, Sherburne County Minnesota. And That part of 162nd Avenue Northwest, Buchanan Street northwest and 1615` Avenue Northwest, as dedicated on the plat of CASCADE INDUSTRIAL PARK, according to the recorded plat thereof, Sherburne County, Minnesota which lies Westerly of the Southerly and Northerly extensions of the East line of Outlot C, said CASCADE INDUSTRIAI, PARK. YOUTH ATHLETIC COMPLEX YOUTH ATHLETIC COMPLEX AVE PAD'�r o" A� 5 TRIAL *� 1ND eRK Current Land Use Map Proposed Land Use Map POWERED 91 4A UR City of Elk River City of Elk River City Council Resolution 20- A Resolution of the City Council of the City of Elk River Granting a Petition to Vacate Public Right -of -Way Easements Case No. EV 20-04 WHEREAS, a petition has been made by the adjacent property owners to vacate the public rights -of -way described in Exhibit A attached hereto; and, WHEREAS, a public hearing on said petition was held on August 17, 2020, before the City Council of the City of Elk River after published and posted notice had been given, and all persons interested were given an opportunity to be heard at the public hearing. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Elk River, Minnesota, as follows: 1. The petition to vacate the public rights -of -way described in Exhibit A is hereby granted based upon the following Findings of Fact: a. Minnesota Statutes, Section 412.851, allows for the vacation of public right- of-way easements if it appears in the interest of the public to do so. b. The easements were dedicated in 2003 and have yet to be improved. c. Vacation of the easements allows development of the vacant surrounding parcels as one project. d. Therefore, the City Council finds vacation of the right-of-way easements to be in the public interest. 2. Vacation of the public right-of-way easements described in Exhibit A shall be effective at the time of recording of the document. Passed and adopted this 17th day of August 2020. John J. Dietz, Mayor ATTEST: Tina Allard, City Clerk Exhibit A That part of 162nd Avenue Northwest, Buchanan Street Northwest and 161" Avenue Northwest, as dedicated on the plat of CASCADE INDUSTRIAL PARK, according to the recorded plat thereof, Sherburne County, Minnesota which lies westerly of the Southerly and Northerly extensions of the East line of Outlot C, said CASCADE INDUSTRIAL PARK. F" �.-.... " 16210 ND " i AVENUE NW i —Ac 60 1 I (n7 F 2 1 N I I 'ei �i c; ci x� 'i 60 F 1-------- --J L-----------�-i-�� 1 161ST AVENUE NW m r c] � c C] C] City of Elk River Resolution 20- A Resolution of the City of Elk River Granting Final Plat Approval for Cascade Industrial Park Third Addition Case No. P 20-1 1 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 August 17, 2020; 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 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. 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. The Mayor and City Clerk are authorized to execute a quit claim deed conveying the portion of Outlot B, PARKVIEW ADDITION located within the proposed Lot 1, Block 1, of CASCADE INDUSTRIAL PARK THIRD ADDITION to the applicant, Copart of Connecticut. Passed and adopted this 171h day of August 2020. John J. Dietz, Mayor ATTEST: Tina Allard, City Clerk i EXHIBIT A LEGAL DESCRIPTION Outlots A, B, C and D CASCADE INDUSTRIAL PARK and Outlot B PARKVIEW ADDITION addording to the recorded plat thereof, Sherburne County Minnesota. And That part of 162nd Avenue Northwest, Buchanan Street northwest and 161" Avenue Northwest, as dedicated on the plat of CASCADE INDUSTRIAL PARK, according to the recorded plat thereof, Sherburne County, Minnesota which lies Westerly of the Southerly and Northerly extensions of the East line of Outlot C, said CASCADE INDUSTRIAL PARK. i EXHIBIT B CONDITIONS OF APPROVAL 1. All conditions of approval for Conditional Use Permit (Case No. CU 20-14) and the Preliminary Plat (Case No. P 20-11) must be satisfied. 2. Copart of Connecticut shall provide a warranty deed for the portions of Outlots C & D, CASCADE INDUSTIAL PARK located within Oudot A of the proposed plat of CASCADE INDUSTRIAL PARK THIRD ADDITION to the city. 3. The resolution vacating the right-of-way dedicated in the plat of Cascade Industrial Park must be recorded before the plat. 4. Park Dedication shall be paid prior to releasing the plat for recording — currently 6% of county assessed value. 5. A development Agreement must be signed by the city and developer prior to releasing the final plat for recording. 6. A Letter of Credit shall be provided to the city in the amount of 100% of the costs of the public improvements. 7. Upon completion of all improvements and acceptance by the city, a security or warranty in a form acceptable to the Public Works Director must be secured. 8. Any item or condition found that indicates the site is likely to yield information important to pre -history or history shall be reported to the city immediately. Further, the city reserves the right to stop work authorized in its approval until the site is appropriately investigated and work is authorized. 9. The City of Elk River will record the final plat upon satisfaction of all conditions of approval. i Copart Phase II Easement Vacation, Plat, and CUPLand Use Amendment, - Background Approved by Engineering DepartmentStormwater treatment with pollution concernsoff, entrance, staging, office-drop-Same configuration Traffic study demonstrated no required changes to Hwy 10operationCopart will utilize a similar sized area with no changes to overall Seeking to amend request with a land exchange involving cityCouncil approved project February 3, 2020yard expansion earlier this year.Copart received approval for Phase 2 of their planned salvage  City to Copart ~15.25 AcCopart to City ~12.5 Ac City to Copart ~15.25 AcCopart to City ~12.5 Ac Planning & Park and Rec Commissions of the project on August 12thPark and Rec Commission unanimously recommended approval PC unanimously recommended approvalVegetation along railroad and north lineApplicant noted changes since first planPC questioned topography and landscapingcontractors-subConditions prohibit staging and applicant will work with deliveries and trucks using residential streetsparking/staging of –One resident spoke during public hearing  RightWay Vacation-of- Action Requested completing the land swap. Final Plat Resolution authorizes staff to execute deeds Third Addition, and a CUP authorizing a salvage yard.vacation, preliminary and final plat of Cascade Industrial Park way -of-Approve, by motion, the land use amendment, right