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7.2 SR 10-19-2020Request for Action Cty Elk — River To Item Number Mayor and City Council 7.2 Agenda Section Meeting Date Prepared by Public Hearings October 19, 2020 Zack Carlton, Planning Manager Item Description Reviewed by Preliminary and Final Plat: Elk River Crossing Peter Beck, City Attorney Reviewed by Eighth Addition, Wash N Fill Properties of Minnesota, LLC — 18296 Zane Street NW Cal Portner, City Administrator Action Requested Approve, by motion, the Preliminary Plat for Elk River Crossing Eighth Addition, with the condition that ingress/egress easements providing perpetual access to the Zane Street for both parcels be recorded with the plat. Adopt, by motion, a resolution approving the Final Plat of Elk River Crossing Eighth Addition and direct the city attorney review and approve the ingress/egress easement prior to releasing the plat for recording. Background/Discussion The plat of Elk River Crossing Second Addition placed the existing gas station and oil change use on one parcel — Lot 1, Block 1, Elk River Crossing Second Addition. Establishing two uses on one parcel was permitted at the time as the area was regulated by a PUD Agreement for the larger Elk River Crossing development. The applicant, owner of the parcel with both uses, is now requesting to split the lot into two, allowing them to separate the two uses onto their own parcels. CR 33 3 S RR Hwy 10 CR 12 The access and general layout of the parcel remain the same, but the plat does limit access to the public street (Zane Street). To address this concern, the applicant will record a perpetual ingress/egress Figure I easement over both parcels. Planning Commission The property owner outlined the project during the public hearing and requested support for the project. The Planning Commission did not have any questions or comments and unanimously recommended approval of the preliminary plat. p a w E R E U 6 Y NaA f RE] Financial Impact None Mission/Policy/Goal The proposed subdivision supports the growth and development of commercial properties. Attachments ■ Planning Commission Packed dated September 22, 2020 ■ Final Plat ■ Final Plat Resolution Request for Action city+ of ElLk _ River To Item Number Planning Commission 4.2 Agenda Section eeting Date Fsptember Prepared by Public Hearings 22, 2020 Zack Carlton, Planning Manager Item Description Reviewed by Wash N Fill Properties of Minnesota, LLC — 18296 Chris Leeseberg, Senior Planner Zane Street NW Reviewed by ■ Preliminary Plat of Elk River Crossing Eighth Addition, Case No. P 20-16 Action Requested Recommend, by motion, approval of the Preliminary Plat for Elk River Crossing Eighth Addition, with the following condition: 1. Ingress/Egress easements providing perpetual access to the public street for both parcels be recorded with the plat. Background/Discussion The plat of Elk River Crossing Second Addition placed the existing gas station and oil change use on one parcel — Lot 1, Block 1, Elk River Crossing Second Addition. Establishing two uses on one parcel was permitted at the time as the area was regulated by a PUD Agreement for the larger Elk River Crossing development. The applicant, owner of the parcel with both uses, is now requesting to split the lot into two, allowing them to separate the two uses onto their own parcels. The access and general layout of the parcel will remain the same, but that does limit access to the public street (Zane Street). To address this concern, the applicant will record a perpetual ingress/egress easement over both parcels. CR 33 3 x RR Hwy 10 CR 12 Comprehensive Plan The Comprehensive Plan guides this area for Highway Commercial uses. The proposed subdivision does not impact the current uses, and the proposal is consistent with the Comprehensive Plan. Figure I Parks Park dedication was satisfied with previous plats in the area. As new commercial uses or land is not being developed with this plat, additional dedication is not required. Preliminary Plat City ordinance section 30-375 outlines the required findings for approval of a Preliminary Plat. PV0WIHEU 6Y m/■'► RE 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 honing regulations and this article. The proposed subdivision provides the required frontage on a public street but does not provide direct access to Zane Street. The required ingress/egress easement addresses this concern. The area is also regulated by a PUD agreement, separate from the city's standard zoning ordinances. 2. The proposed subdivision is consistent with all applicable general and speciali.Zed city, county, and regional plans, including, but not limited to, the city's comprehensive development plan. 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 The physical layout and characteristics of the site are not changing due to this subdivision. The existing site is suitable for the proposed subdivision. 4. The proposed subdivision makes adequate provision for water supply, storm drainage, sewage transortation, erosion control and all other services, facilities and improvements otherwise required in this article. As the physical layout of the site is not changing, the subdivision includes public utilities and stormwater infrastructure to meet city requirements. S. The proposed subdivision will not cause substantial environmental damage. As the physical layout of the site is not changing, the 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 subdivision does 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. The area included in the subdivision is fully developed, as is the surrounding properties. The subdivision will not adversely impact the reasonable development of neighboring land. 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 ystems. d. Lack of adequate off -site public improvements or support systems. The subdivision is not premature as the above conditions have been provided for. In reviewing the standards for approval of a preliminary plat, the proposed project meets the standards, and is recommended for approval. Financial Impact None Mission/Policy/Goal The proposed subdivision supports the growth and development of commercial properties. City Council With a recommendation from the Commission, the City Council will review this application on October 19, 2020. Attachments ■ Location Map ■ Alta Survey dated July 31, 2020 ■ Preliminary Plat dated August 28, 2020 �Im d� 1 1.75-693-010%5 Foster & Brever, Plat Elk�� Case No: P 20- I b Inver ALTA/NSPS SURVEY OF 18296 ZANE STREET N.W. CITY OF ELK RIVER, SHERBURNE COUNTY, MINNESOTA STATEMENT OF APPARENT ENCROACHMENTS A rnA'R'N ® orsTA" or o.a-roar. a"csxT vaaysary aTv or sur alma, EI`98 cwxrv, xixrvssorA ® nOancrxr PTOvererr A .`Axiuux msr"xcs a se rrcr. a VICINITY MAP N. uq /LEGAL DESCRIPTION FLOOD ZONE \ G \'¢ o''w° s', `6 �`w�Y / 3� FIresT AMcre cAN co�inmllniENRANc�E COMPANY 6296 ZAN OK ZONING A-D PUOEM ENµ m uRr oeticlaNC.r sas 1P0— ra /RTErcE +gym„emwm� %'Z. s i Plo »rs ss a / o ~ SO axw oiiraAx¢resr%nwusires V r AREA SUMMARY AT KAU- AKI UCNUI o s Usrs a �\ � \ � ��. � �. � / sar 1 = » Oss s . n. SR 1.1R ACTss corvono_ iaaO STARE/ APPTS a A+. v / FA, L,c, wa \ 4 PATrc xa Teou - \ \ �/ / \\ ',i.. � Il,,� w' uxO LEGEND (v ox) /�ooa Aa 5\ '" T m `ACA r ex.w 'UUK A CA ass IAx � S � m' ��' - e ""O \ mwre sx sPACls ur nSE 9 s� (coxvcR sxer sroxs) / s: g m® (Al Pere cEv or six TMR 10 11 ecur) '( \ ` / • a \ \ ' Iswouwu�.. 5 ]2 W2]3.9 MkR) _ 's \ m nm^xms.wr -u�- uwmmmxo nscmc wFs 9 \\\ e��\��m � � / o vnEm unxwm ro uwummxo Tssn arnc wss NOTES mxmmm wm.�0:w,ow .w.ra^,�E Qor w,xw,o r.m \\ \\ O.ow.P PARKING SUMMARY mmriwommxU,Ri.o NOTES CORRESPONDING TO SCHEDULE B 4\ I xwm x,vnss sxoxx xmsw us ma msmuEo swmmmuom mawo FIRST AMERICAN TIRE INSURANCE COMPANY Amax re TOTl PFTMINC sanc[s oA_ MCNc z9. o96 ai 1ia rn a .,w� N. xTmEa oR,.m r,,,Rx� rPor E�..x� uoxx..m.. w,�row=w».,a<maxw .E..a Tmo xor..mA= ,ese .: ooa<.xr ""`O rsooww„. °� I1 SURVEYORS CERTIFICATE =wr xmw.w.,E,Eo oT mmmEo, xx a<a<,: m.Ecr mmmrs .xo R.=orrso wo mow xExEw. .°..e.,�.a,..m.w... aww....,xm. „rso .w,er R E ix<e,a— —1-1 TM. i. om: xor xmor s,.wrE oammr.. •0°r"'• m \ rAjrvsa .�wnE mo«r ..mE.x. R. a, Txo.oe,s<a e(a)se(e)tlA. O. 10 n.1/ 1R. n. A<moE: maEcr mmrUrs. m.wEr. x.rmE '""T """'°"0i"'" • •`°,hO'm'°"" \ w° w+o ifi, �s ooa za of roel. A 11.r<o <Ia .o°x wo< <omP <E<a o. "lr IaI— KEMPER �&� ASSOCIATES INC. x,w,xro.�.,.,rvrswu FF FMIN // uacrs moEcr xxmmn. vv«rr R x.rws. crs scexcr awxwrr uo � N/ PROFESSIONAL LAND SURVEYORS ,e rs norrto.xo max xsmwr. 'A" IAA xrw s ssl+rz aRrors msE<r mmmrs .xo s.=oreo.xo mow ,«xmx. urns mxTcr mmwrs. a.,«rr ix „.,wr. ss o \ ssnz u� w� CITY OF ELK RIVER ELK RIVER CROSSING EIGHTH ADDITION SHERBURNE COUNTY, MN KNOW ALL PERSONS NT THESE PRESENTS: at Wa,h N HII Propertie, of Minnesota, LLC, c Mmne — I m,ted a y p y, wrier of the fa11a g described property sne1, 1l111 I, Elk River Crossing Second Addition rbuma Gaanty, Mlnnea0m Has caused the some to be surveyed 0 plotted os ELK RIVER CROSSING EIGHTH ADDITION. A R,ew i In witness w r said 1111 N leFn PrOperties of mn se. P, LLC, 1 Mnesota 11, these esents to be s 1— by its proper ff.ths day f2D2D G — O Sy Signetl: Was' N Fill Properties of Minnesota, LLC, a Mmnesate Imbed liability company NO' 1� V IG ST I S`I'I MAINl Hy. (NAMEI, I—E l4 19 RIK�zs'9pp 5 A STATE OF MINNEEDTA CWNTT OF _ _ VICINITY MAP SECTION 34, R26W NO SCALE o o� Thl.fo e ellfity CDmpon —k-1gi,d Minnesota l I liab me tM1is day of 2020, y INAME}, {TITLE] o —1, N FlII p 1— cf Minnesota, LLC, \ yI — — — — — Notory Public, County. Minnesota - — — My Commission E,T— ark D. Kempel do hereby Gerttify that f s plot was by my d veyor In �thls plat n1- alith-t m ants depictedha p platnM1 tC— a this -,. .. .._ ._ p- nw. P1ew defined in Minnesota Stptii s, section 505,01, antl labeled on this Plot. 3, as onfbatM1e date ofbtbb,o Wtlfi- ate shown dt label 4 on plot; bdeO11 public yAl. Dates m�a say of 202D. oJfff � i�TMlxcx IRON PIPE MARK Eo L. nooe je u1R _ 8 N S 88'35'36" 88 Emd 698 E 160.49 Mark D. Kamper, ucr„"aa Lana sar.erar Minnesota Laenaa Na. 18407 7 / ' — v_ �`` DEAE 1PrR°ooc RN. wssar)T anoN) F ).$ SiWANOU MINNESOTA IIIIII 11\\\\5 e6 x ACR (£cola nooi m k L IY i of /-4 _ this instrvmsnt was scknowl g before me tM1is day of 2020, by Mb,k D. Kamper. pyA �v F••, M NoanyRublec, PAnaka Co y. im—ta uMINNESOTAgl `Smjg p\� `off / y // Myt ommissmn p s %RIVER, Z ni � ^ 1y(/ i S3j�;';,•- City council, ELK J O�jl` gg�P��"0 3 L / / - Thl, Ol11 11 11 RIVER CROSSING EIGHTH ADDITION was approved and accepted by the City C.L-11 of the City of Elk River. Minnesota at a regular - F` � £ \ oN,➢yp, tV / eating thereof held this day of sas.DS, Subd. z. 202D, and said plat is In compliance with the provisions of Minnesota Statutes, Section - - / \\ City causal of ELK RIVER, MINrvEsoTA s r 'e�-- i ^w // m�,�^,�' iTMmcN IRp PIPE Poona"pIA / .RK e y^� MEo ITS 11aaa DO Mayor DX City Clerk—u 184.51 Department of Property Records and Revenue ' 8 88'17'24" W 273.98 P-N — D. esa a a a e in s, ee n a . a a Lan , a, a In a year f 2o2D, oan rea e: a e erembeeare described, h0"e be p.nand there are na de 9 t m,es, atld o-anefe La" been enteredean t- r 2020. h n w c PIASTC NAllE. NLs «5s,1 Dy Sherburne County Auditor/Treasurer County sarvpror 1Ossbeet 11 reweweduen 1"Ity vatl di snce thi DY um Yr I hereby c tlly 2020'n occordancs wan Minnesota Statutes, Section 115.021, Subtl. 11, this P She—b County ty Df Dl County Recorder, County of Sherburne. State he at tM1 Licit d.y f 2020, et ey SherbameCountyNacordar of Mlnneaola CR G EIGHTH A was ie in a ice o e y ecOrder f p tic retard this a clock .M. ..it was duly IIII as Document Number Dy Depaty ® .p SCALE IN FEET w sEc, T., T3pN, xzsw� p ei TxE III atIENTAnoN O hM IAP M itl P r o R rIND - N.— i;"R°I:�TM,u »k"AWD Nrr s d,.sr�Rdxaox0x[NT "TM KEMPER & ASSOCIATES INC. City of Elk River Resolution 20- A Resolution of the City of Elk River Granting Final Plat Approval for Elk River Crossing Eighth Addition Case No. P 20-17 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 October 19, 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. Passed and adopted this 191h day of October 2020. John J. Dietz, Mayor ATTEST: Tina Allard, City Clerk i EXHIBIT A LEGAL DESCRIPTION Lot 1, Block 1, ELK RIVER CROSSING SECOND ADDITION, according to the recorded thereof, Sherburne County, Minnesota EXHIBIT B CONDITIONS OF APPROVAL 1. The city attorney shall review and approve the ingress/egress easement prior to recording the final plat. Wash and Fill Properties: Plat of Elk River Crossing Eighth Addition 5-423 -0 00 -- 75-13 Al ors - ',�► - - - : 7 5-663 -010 5 9 � 175-693-0105 � t Foster & Brever, PLL { Plat Case No: P 20-16 E1 - River I Background ■ The applicant is proposing to split the existing parcel into two lots. ■ Allowing sale of either lot in the future. ■ Ingress/egress easements will be required to ensure access to both parcels. ■ No additional access points proposed. ■ Property use and site plans are guided by Elk River Crossing PUD G PRELIMINARY PLAT OF t ELK RIVER CROSSING EIGHTH ADDITION m CITY OF ELK RIVER, SHERBURNE COUNTY. MINNESOTA _x -I % \ i r .v u>t Hvea svexeurcvE mun r xrvn son [nY Ct ! sicxeJNxe caury rxx rv, w n li 1\ .VICVN117Y MAP �V � _ � _MAIN BEREFT „4 BB'3R:1? E for Y rP7 a—+'MM•x 1 �� P"Y 1 ��s . •...i I �� I � �E 18298 � P' j �e pa / i r. �5 laxss zalve sr ZONING , '$ 4 1,•� G S 3l c ,fix !�-� V 6' �✓€p w'4k SOT 1.. 2 ExISBNG AREA SUMMARY 1p LID � LEGEND x,xx,�EEE,H.•I 1 g 1 >-�' � � i _ �" � m �. 1 / G r,T.,,x a a..o,,. (. ,v rc r x x vrx rrw ur mec) � W V - LL rn t l 5 8B 724 W 293�99 ( R) �, �,.w 1 � PRDPOS ED LEGAL DESCRIPTIONS ,.' 11, •"' n-ne u..x i 111 ,r O —Coc x,wrcm,� . Elk a xx�xx-1sE .., Amt A n , NOTES CORRESPONDING TO SCHEDULE O se.mGm; c,�: xw mwr E xx Ill IvEnT�rin sts.,e6sJ nN�E cournnlr dw TM*p pptl°"� � PROPOSED MAREA' Sl1MMARY ual-� ,.uNt .y. ec I ZI STATEMENT OF APPARENT ENCROACHMENTS PARKING SUMMARY n_Pnaxwem Es KEMPER & ASSOCIATES INC. 0 h'4 NI YH(Ih'h,S51(INAI IANfI Sll[tVh:YMRti o ms-kc _ T 84®7 A v u Standards for Approval ■ Staffs analysis shows compliance with all eight of the standards required for approval of the preliminary plat. Planning Commission ■ The applicant spoke during the meeting and described the project. ■ Staff received two calls for additional information prior to the meeting, but no concerns were noted. ■ The PC unanimously recommended approval of the pre -plat. Action Requested ■ Approve, by motion, the Preliminary Plat of Elk River Crossing Eighth Addition with the condition noted in the memo. ■ Adopt, by motion, the Final Plat of Elk River Crossing Eighth Addition with the condition noted in the memo. A v u